Timothy Horrigan testifying against an amendment to SB 217; May 10, 2012
additional commentary by NH State Rep. Timothy Horrigan; October 9, 2012
See Also:
SB
217— " AN ACT establishing a hiking corridor on Mittersill
Mountain, and relative to prohibiting the state, counties, towns, and
cities from implementing programs of, expending money for, receiving
funding from, or contracting with the International Council for Local
Environmental Initiatives"— was not one of the more
memorable bills of the 2012 session of the New Hampshire General
Court. I remember it only because I testified against it and was
caught on video. This was a bill which made a few relatively minor
changes to the adminstration of the state park system, but late in
the session it was used a vehicle for Speaker O'Brien's ongoing wars
against the United Nations and environmental sustainability. At the
very end of the term, right before a major deadline, O'Brien stuck a
nongermane amendment onto the bill. The underlying bill had already
been heard by two House commiteees, had already been passed once by
the House and almost certainly would have passed easily a second
time. (It had to go to two committees because most of its subject
matter pertained to the state parks, which fall under the purview of
the Resources, Recreation & Economic Development Committee, but
one section pertained to a veterans memorial in Franconia Notch,
which brought it within the scope of the State-Federal & Veterans
Affairs Committee.)
There was a crucial deadline at noon on Thursday, May 10, 2012: that was the last moment when committees could file their reports on remaining bills. (The next Thursday, May 17 was the last day that Senate bills could be voted on by the House and vice versa.) Just before the deadline, an anti-ICLEI and anti-Agenda 21 amendment magically appears. It could have been introduced earlier, since Agenda 21 has been around for years. Agenda 21 had even been the subject of a House Petition: Petition #32 was only nominally about the City of Rochester's rezoning commission. Anti-Agenda 21 legislation could have been left till next year, because there was nothing urgent about this issue.
The story of SB 217 epitomizes what was wrong with O'Brien's New Hampshire House, and not just because the amendment was a bad idea. The process was even worse than the amendment. The O'Brienoids followed a procedure they have used before and after this SB 217 debate: they bring in an amendment at the next to last moment, and they schedule a hearing with minimal advance notice— and then at the very last moment they vote on a significantly different amendment.
The Senate sent the following version of SB 217 over on March 21, 2012, which the Resources committee approved as is, with no fuss. No anti-LCLEI or anti-Agenda 21 amendments are proposed while the bill makes its way through the Resources Committee. This bill is referred to a second committee, State-Federal after the full House approves the Resources Committee's "Ought to Pass" report.
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SB 217-FN – AS AMENDED BY THE SENATE 03/21/12 1191s 03/21/12 1367s 2012 SESSION 12-2838 04/03 SENATE BILL 217-FN AN ACT relative to management of Cannon Mountain by the department of resources and economic development. SPONSORS: Sen. Bradley, Dist 3; Sen. Barnes, Jr., Dist 17; Sen. Boutin, Dist 16; Sen. Bragdon, Dist 11; Sen. Carson, Dist 14; Sen. De Blois, Dist 18; Sen. Forsythe, Dist 4; Sen. Groen, Dist 6; Sen. Lambert, Dist 13; Sen. Luther, Dist 12; Sen. Sanborn, Dist 7; Rep. Bettencourt, Rock 4; Rep. Weyler, Rock 8 COMMITTEE: Energy and Natural Resources |
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Explanation: Matter added to current law appears in bold italics. Matter
removed from current law appears [ Matter which is either (a) all new or (b) repealed and reenacted appears in regular type. 03/21/12 1191s 03/21/12 1367s 12-2838 04/03 STATE OF NEW HAMPSHIRE In the Year of Our Lord Two Thousand Twelve AN ACT relative to management of Cannon Mountain by the department of resources and economic development. Be it Enacted by the Senate and House of Representatives in General Court convened: 1 Department of Resources and Economic Development; Cannon Mountain and Franconia Notch Park Master Plan. I. The commissioner of the department of resources and economic development shall develop a master plan for Cannon Mountain and Franconia Notch state park. The master plan shall include measures to enhance the experience of visitors, protect the natural beauty of the park, promote access to the park, promote access for hikers, enhance the collection of revenue, and promote the establishment of a veterans' memorial. The master plan shall include an analysis of whether it is in the public interest to lease the ski operations of Cannon Mountain to a private vendor. If the master plan recommends leasing the ski operations of Cannon Mountain, the master plan shall include the terms and conditions of any prospective lease in a manner that best protects the public interest. II. The master plan shall be submitted to the state park system advisory council established in RSA 216-A:3-k for its recommendations prior to being submitted, along with any recommendations for proposed legislation, to the governor and council and the general court on or before July 1, 2013. III. In addition, the commissioner of the department of resources and economic development shall develop a plan detailing measures to be undertaken to ensure that the ski operations of Cannon Mountain, including all debt obligations, will become self-funded and self-sufficient. The commissioner shall submit the plan to the senate president, the speaker of the house of representatives, and the governor and council on or before November 1, 2012. 2 Establishment of a Veterans' Memorial. I. The commissioner of the department of resources and economic development shall consult with veterans service organizations who may draft a plan for construction of a veterans' memorial in an area of the park that is accessible to the public and convenient in terms of parking and facilities. The department shall not be responsible for the cost of development of this plan but the department shall approve any plan submitted by veterans service organizations. The plan shall include details relating to a design for the memorial and the projected cost of the memorial. The department shall be responsible for the cost of landscaping the specified area for the memorial and may propose funding for landscaping in the next capital budget. All other costs for construction and operation of the memorial shall be funded through private donations. If veterans service organizations choose not to submit a plan for a veterans' memorial or cannot raise the necessary funding, nothing in this section shall obligate the department to proceed with planning or construction of a veterans' memorial. II. Upon approval of the plan for the veterans' memorial in paragraph I, the commissioner of the department of resources and economic development shall authorize volunteers to relocate the Kinsman Ridge trailhead around the site of the veterans' memorial. 3 Department of Resources and Economic Development; Hiking Corridor on Ski Trails. The commissioner of the department of resources and economic development shall, after consulting with fish and game department, develop a hiking corridor from the base of Mittersill Mountain over the summit of Mittersill Mountain to connect with the Kinsman Ridge trail at the summit of Cannon Mountain. The department may restrict access to the hiking trail only during times the ski area is open to the public and only if restricting such access is necessary to promote safety. 4 Effective Date. This act shall take effect upon its passage. LBAO 12-2838 Revised 12/21/11
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SB 217-FN - FISCAL NOTE
AN ACT relative to the management of Cannon Mountain by the department of resources and economic development. FISCAL IMPACT: The Department of Resources and Economic Development states this bill will increase state expenditures by $20,000 in FY 2012, and by an indeterminable amount in FY 2014. There is no fiscal impact on county and local expenditures, or state, county and local revenue. METHODOLOGY: The Department of Resources and Economic Development states this bill changes the name of Franconia Notch State Park to Franconia Notch Veterans' Memorial State Park and requires signage to be replaced to reflect the name change; requires the Department to solicit requests for information from entities interested in leasing Cannon Mountain; and requires a plan to construct a veterans' memorial, plan for erosion mitigation, plan for removal of construction and demolition waste, and a plan for the development of two hiking corridors on certain ski trails. The Department states it can absorb any costs associated with issuing a request for information to lease Cannon Mountain. The Department estimates the cost to design and install new signs to reflect the name change at $20,000 of state general funds in FY 2012. The Department states there is no cost for an erosion mitigation plan as it is required by the Department of Environmental Services as part of the Mittersill construction project, and there is no cost to remove construction and demolition waste as this occurred during the course of the Mittersill construction. The Department estimates the cost to develop a plan for a Veteran's Memorial at $250,000. The Department used the cost of the feasibility study for the Hampton Beach redevelopment project as a guide for estimating the cost for the Veteran's Memorial plan. The Department further estimates the actual construction of a memorial could cost as much as $7 million based on the costs for constructing and installing the Old Man of the Mountain memorial. The Department estimates it will cost $5,000 to plan and develop two hiking trails. The Department assumes costs for the Veteran's Memorial and the hiking trails would be paid through the state's capital budget. |
There had already been a hearing in State-Federal on the underlying bill, but the hearing on the amendment took place at 9:00 am Thursday morning, just three hours before the deadline. As often happens with last-minute amendments, a bait and switch was pulled. This is what was published before the public hearing:
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Rep. Cartwright, Ches. 2 Rep. Hansen, Hills. 6 Rep. L. Vita, Straf. 3 Rep. Itse, Rock. 9 May 7, 2012 2012-2058h 10/04
Amendment to SB 217-FN
Amend the title of the bill by replacing it with the following:
AN ACT relative to management of Cannon Mountain by the department of resources and economic development, and relative to prohibiting the state, counties, towns, and cities from implementing programs of, expending money for, receiving funding from, or contracting with the International Council for Local Environmental Initiatives.
Amend the bill by replacing all after section 3 with the following:
4 Findings. I. The general court finds that the first clause of Article 1, Section 10 of the United States Constitution reads as follows: "No State shall enter into any Treaty, Alliance, or Confederation; grant Letters of Marque and Reprisal; coin Money; emit Bills of Credit; make any Thing but gold and silver Coin a Tender in Payment of Debts; pass any Bill of Attainder, ex post facto Law, or Law impairing the Obligation of Contracts, or grant any Title of Nobility." II. The general court finds that the following provisions are contained in the charter and bylaws for ICLEI: ICLEI Local Governments for Sustainability Founded 1990 as the International Council for Local Environmental Initiatives Charter As approved by the ICLEI Council in Athens, Greece on 7 November 2003 Article 1. Name, Seat and purposes. 1.1 Name and Seat The International Council for Local Environmental Initiatives (ICLEI) was established as an international local government association in the year 1990. Its name shall from 1 January 2004 be "ICLEI – Local Governments for Sustainability" (hereafter referred to as the "Association." The Association's seat shall be the location of its international headquarters (World Secretariat). 1.2 Relationship to Founder Patrons The Association shall maintain its formal institutional relationships with its founder patrons, the United Nations Environment Programme (UNEP) and the International Union of Local Authorities (IULA), the latter from 1 January 2004 merged into the newly established World Organisation of United Cities and Local Governments. The Association shall seek an agreement with United Cities and Local Governments whereby ICLEI serves as the World Organisation's environmental and sustainable development agent. 1.3 Mission The Association's mission shall be to build and serve a worldwide movement of local governments to achieve tangible improvements in global sustainability with special focus on environmental conditions through cumulative local actions. 1.4 General Mandate The Association shall build an active and committed municipal membership of local spheres of government (local and regional governments and authorities) as well as international, regional, national and sub-national local-government associations. 1.6 Representation Mandate The Association shall serve as an international representative for its members and campaign participants by providing advocacy before national and international governments, agencies and organisations and multilateral bodies to increase their understanding and support for local sustainable development and environmental protection activities. Through such advocacy, the Association will work to achieve an effective division of responsibilities and resources for sustainable development and environmental protection between the various spheres of government. 2.3 Full Members Full Members of the Association shall be local spheres of government (local and regional governments and authorities), as defined in the particular country, and international, regional, national and sub-national associations of such municipal governments and authorities, which support the Association's mission, mandate and principles as stated in the Charter. In case of doubt the Executive Committee determines the eligibility for full membership of a type of government or authority in a country. 2.4 Associate Members Locally elected and appointed officials, as well as state, national, and international governments, government agencies, and governmental officials, private corporations and nongovernmental organizations may become Associate Members upon application. Member List: New Hampshire: Keene Nashua Portsmouth Wolfeboro III. The general finds that the purpose of ICLEI is stated in the following excerpt from the forward of Local Agenda 21 Planning Guide, by Maurice Strong: "The task of mobilizing and technically supporting Local Agenda 21 planning in these communities has been led by the International Council for Local Environmental Initiatives (ICLEI) and national associations of local government. Now, with the further support of the International Development Research Centre and the United Nations Environment Programme, ICLEI is able to present the first worldwide documentation of Local Agenda 21 planning approaches, methods, and tools in this Local Agenda 21 Planning Guide." IV. Under Article 1, Section 10 of the United States Constitution, states are prohibited from implementing foreign political initiatives through its prohibition on states engaging in treaties, alliances or confederations. Specifically, the general court finds that support and implementation of the United Nations Agenda 21-Sustainable Development under direction of a non-governmental organization called ICLEI (International Council on Local Environmental Initiatives, now also known as ICLEI-Local Governments for Sustainability) violates constitutionally imposed limitations upon state legal authority. 5 New Section; Towns and Cities; Prohibition Added. Amend RSA 31 by inserting after section 8-a the following new section: 31:8-b International Council for Local Environmental Initiatives; Contracts; Expenditures Prohibited. No town or city shall implement programs of, expend any sum for, be a member of, receive funding from, contract for services from, or give financial or other forms of aid to the International Council for Local Environmental Initiatives (ICLEI), and its derivatives, in furtherance of the United Nations program known as Agenda 21. 6 New Section; State Budget; Prohibition Added. Amend RSA 9 by inserting after section 28 the following new section: 9:29 International Council for Local Environmental Initiatives; Contracts; Expenditures Prohibited. No agency or department of the state shall implement programs of, expend any sum for, be a member of, receive funding from, contract for services from, or give financial or other forms of aid to the International Council for Local Environmental Initiatives (ICLEI), and its derivatives, in furtherance of the United Nations program known as Agenda 21. 7 New Section; Counties; Prohibition Added. Amend RSA 23 by inserting after section 1-a the following new section: 23:1-b International Council for Local Environmental Initiatives; Contracts; Expenditures Prohibited. No county nor any department thereof shall implement programs of, expend any sum for, be a member of, receive funding from, contract for services from, or give financial or other forms of aid to the International Council for Local Environmental Initiatives (ICLEI), and its derivatives, in furtherance of the United Nations program known as Agenda 21. 8 Effective Date. I. Sections 4-7 of this act shall take effect 60 days after its passage. II. The remainder of this act shall take effect upon its passage.
2012-2058h |
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AMENDED ANALYSIS
This bill requires the commissioner of the department of resources and economic development to:
I. Develop a master plan for Cannon Mountain and Franconia Notch state park including recommendations on whether or not the ski operations of Cannon Mountain should be leased to a private entity.
II. Consult with veterans service organizations in drafting a plan for the construction of a veterans' memorial in Franconia Notch state park.
III. Develop a hiking corridor from the base of Mittersill Mountain over the summit of Mittersill Mountain to connect with the Kinsman Ridge trail at the summit of Cannon Mountain.
This bill also prohibits the state and political subdivisions from implementing programs of receiving funding from, or contracting with, the International Council for Local Environmental Initiatives (ICLEI). |
However, when the committee came back after a very brief break to hold the "executive session" (where the legislation is debated and then voted on), a substitute amendment was introduced:
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Rep. Baldasaro, Rock. 3 Rep Cartwright, Ches. 2 Rep. Cunningham, Sull. 2 May 10, 2012 2012-2209h 04/10
Amendment to SB 217-FN
Amend the title of the bill by replacing it with the following:
AN ACT establishing a hiking corridor on Mittersill Mountain, and relative to prohibiting the state, counties, towns, and cities from implementing programs of, expending money for, receiving funding from, or contracting with the International Council for Local Environmental Initiatives.
Amend the bill by replacing all after the enacting clause with the following:
1 Department of Resources and Economic Development; Hiking Corridor on Ski Trails. The commissioner of the department of resources and economic development shall, after consulting with fish and game department, develop a hiking corridor from the base of Mittersill Mountain over the summit of Mittersill Mountain to connect with the Kinsman Ridge trail at the summit of Cannon Mountain. The department may restrict access to the hiking trail only during times the ski area is open to the public and only if restricting such access is necessary to promote safety. 2 New Section; Towns and Cities; Prohibition Added. Amend RSA 31 by inserting after section 8-a the following new section: 31:8-b International Council for Local Environmental Initiatives; Contracts; Expenditures Prohibited. No town or city shall implement programs of, expend any sum for, be a member of, receive funding from, contract for services from, or give financial or other forms of aid to the International Council for Local Environmental Initiatives (ICLEI), and its derivatives, in furtherance of the United Nations program known as Agenda 21. 3 New Section; State Budget; Prohibition Added. Amend RSA 9 by inserting after section 28 the following new section: 9:29 International Council for Local Environmental Initiatives; Contracts; Expenditures Prohibited. No agency or department of the state shall implement programs of, expend any sum for, be a member of, receive funding from, contract for services from, or give financial or other forms of aid to the International Council for Local Environmental Initiatives (ICLEI), and its derivatives, in furtherance of the United Nations program known as Agenda 21. 4 New Section; Counties; Prohibition Added. Amend RSA 23 by inserting after section 1-a the following new section: 23:1-b International Council for Local Environmental Initiatives; Contracts; Expenditures Prohibited. No county nor any department thereof shall implement programs of, expend any sum for, be a member of, receive funding from, contract for services from, or give financial or other forms of aid to the International Council for Local Environmental Initiatives (ICLEI), and its derivatives, in furtherance of the United Nations program known as Agenda 21. 5 Effective Date. I. Sections 2-4 of this act shall take effect 60 days after its passage. II. The remainder of this act shall take effect upon its passage.
2012-2209h |
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AMENDED ANALYSIS
This bill requires the commissioner of the department of resources and economic development to develop a hiking corridor from the base of Mittersill Mountain over the summit of Mittersill Mountain to connect with the Kinsman Ridge trail at the summit of Cannon Mountain. This bill also prohibits the state and political subdivisions from implementing programs, or receiving funding from, or contracting with, the International Council for Local Environmental Initiatives (ICLEI).
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Timothy
Horrigan testifying
against an amendment to SB 217; May 10, 2012
The Democrats on State-Federal put up basically no resistance, although there is a floor fight the next week in the Full House. The Senate took one look at the amendment and didn't even bother asking for a conference committee— thus killing the whole bill.
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Docket of SB217 |
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Bill Title: relative to management of Cannon mountain by the department of resources and economic development. |
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