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New Hampshire Regulatory Announcements

New Hampshire H.B. 601 would update state ATM licensing requirements

3/1/16: Representative Eric Schleien (R) introduced legislation that would 1) repeal the provision in existing law that requires operators of cash dispensing machines to notify the Banking Commission of the operation of the machine at least 15 business days prior to the activation date of such machine and 2) repeal the provision requiring a fee of $50 be paid to the state along with the notice of activation.

The bill was referred to the House Commerce and Consumer Affairs on January 8, 2015. A hearing was held on February 17, 2015. An Executive session was held and retained on March 3, 2015. The measure carried over to the 2016 legislative session on June 24, 2015. Subcommittee work session and executive sessions were held. The measure was amended and passed committee on October 27, 2105. The amended version passed the House on January 6, 2016 and was referred to the Commerce Committee on January 22, 2016. The measure awaits further consideration in the Commerce Committee.

Current version

Introduced version

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NH S.B. 219 passed House and Senate­ eligible for submission to Governor

7/8/15: New Hampshire S.B. 219­ Government Assistance

Sponsor: Representative Charles McMahon (R)

Summary: Prohibits the use of electronic benefit cards (EBT) in cigar stores and stands, pipe stores, smoke shops and tobacco shops.

Final version: http://www.gencourt.state.nh.us/legislation/2015/HB0219.pdf

The measure was heard in a conference committee, where it was amended to put the prohibition of using ET cards in tobacco and cigar shops back in the measure. The recommendations from the Conference Committee were adopted by both chambers and the measure is now eligible to be sent to Governor Maggie Hassan (D). When Governor receives bill, she has five days (excluding Sundays) in which to sign the bill, veto it or allow it to become law without a signature.

Effective Date: 60 days after enactment

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NH S.B. 169 passed House and Senate eligible for submission to Governor

7/8/15: New Hampshire S.B. 169­ Government Assistance

Sponsor: Senator Jeanie Forrester (R)

Summary: Prohibits an electronic benefits transfer card or cash obtained from such a card from being used to gamble or to purchase tobacco products, 16 alcoholic beverages, lottery tickets, firearms, or adult entertainment.

Final version: http://www.gencourt.state.nh.us/legislation/2015/SB0169.pdf

The measure was heard in a conference committee, where the committee recommended the House remove its amendment. Both chambers agreed and the measure is now eligible to be sent to Governor Maggie Hassan (D). When Governor receives bill, she has five days (excluding Sundays) in which to sign the bill, veto it or allow it to become law without a signature.

Effective Date: 60 days after enactment

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4/20/15: NEW HAMPSHIRE S.B. 169 - Government Assistance (TANF/EBT)

Sponsor: Senator Jeanie Forrester (R)

Summary: Prohibits an electronic benefits transfer card or cash obtained from such a card from being used to gamble, purchase tobacco products, alcoholic beverages, lottery tickets, firearms or adult entertainment.

http://www.gencourt.state.nh.us/legislation/2015/SB0169.html

Status: Introduced; referred to Senate Health and Human Services Committee 1/15/2015. Hearing held 3/10/2015. Executive session held; passed Committee 3/18/2015. Passed Senate 3/26/2015. Referred to House Health, Human Services and Elderly Affairs Committee 3/31/2015. Hearing held 4/8/2015. Executive session scheduled 4/28/2015.

Outlook: An executive session of the Committee has been scheduled for April 28, during which the Committee will consider any amendments and is expected to vote on the measure. While executive sessions are open to the public, testimony is generally not permitted unless requested by a member of the Committee.

The Committee met April 8 for a public hearing on this measure but did not take a vote and no amendments were adopted.

The Senate voted to pass this bill during the March 26 floor session by a vote of 19-4.

While in the Senate, this measure faced modest opposition but passed without being amended. Explaining the bill, the sponsor stated, "A recent audit of the state’s EBT program found that 78% of benefit funds were accessed as cash taken out of ATMs, leaving the program open to abuse. This legislation would tighten the sensible protections on EBT use to ensure that the benefits we’re providing to people in need are being used responsibly.” Critics of the bill, including the Director for Child and Family Services of New Hampshire stated that the provisions of this bill would be difficult to enforce and costly to implement. Another opponent of the bill, New Hampshire Legal Assistance, said that in order to be effective, this bill would require the cooperation of grocery stores, and added, "The result will be a cloud of suspicion on anyone who looks poor. There is the assumption of irresponsibility."

A similar measure was introduced during the 2014 legislative session in the form of H.B. 1213 that would have prohibited EBT cards from being used to purchase alcohol or tobacco products. That measure was referred to interim study, and the Interim Committee voted to modify the provisions of that bill and reintroduce new legislation for this session. This measure was developed out of that Committee's findings.

This measure has the support of many cosponsors, including members of the House, which gives this measure early support in both chambers.

The sponsor is a member of the majority party. The Republican Party controls the House and the Senate while the Democratic Party controls the Governor'€™s Office.

Effective Date: 60 days after enactment.




Update on H.B. 219

1/29/15:The hearing on 1/27/15 was cancelled. An Executive Session has been scheduled for 2/3/15. During an executive session, the Committee may choose to vote on this measure and any amendments to the bill. Whether the Committee chooses to vote on the measure is at the discretion of the Chair.

If passed, the effective date is 60 days after enactment.


Update on H.B. 219

1/27/15: NEW HAMPSHIRE H.B. 219 - Government Assistance (TANF/EBT)

Sponsor: Representative Charles McMahon (R)

Summary: Prohibits the use of electronic benefit cards (EBT) in cigar stores and stands, pipe stores, smoke shops and tobacco shops.

http://www.gencourt.state.nh.us/legislation/2015/HB0219.pdf

Status: Introduced; referred to House Health, Human Services and Elderly Affairs Committee 1/13/2015. Hearing cancelled 1/27/2015. Hearing scheduled 1/28/2015.

Outlook: The January 27 hearing was cancelled due to inclement weather. This measure is now scheduled to be heard January 28. The hearing will be open to the public and testimony will be accepted at the discretion of the Chair. An executive session may take place upon the conclusion of the public hearing during which the Committee may choose to vote on this measure and any amendments to the bill. Whether the Committee chooses to vote on the measure will be at the discretion of the Chair.

This sponsor had previously filed a Legislative Service Request for this bill in the form of L.S.R. 173. That request has been fulfilled and this measure now has full text and has been assigned a bill number.

The sponsor is a member of the majority party and sits on the committee of referral. The Republican Party controls the House and the Senate while the Democratic Party controls the Governor’s Office.

Effective Date: 60 days after enactment.


Update on S.B. 169 and H.B. 219

1/26/15: Summary: Prohibits the use of electronic benefit cards (EBT) in cigar stores and stands, pipe stores, smoke shops and tobacco shops.

http://www.gencourt.state.nh.us/legislation/2015/HB0219.pdf

Status: Introduced; referred to House Health, Human Services and Elderly Affairs Committee 1/13/2015. Hearing scheduled 1/27/2015.

Outlook: A hearing has been scheduled for January 27 in the Committee. The hearing will be open to the public and testimony will be accepted at the discretion of the Chair. Committees have short bill agendas and typically consider all scheduled bills. A vote on the measure will most likely not occur. An executive session, where a vote on the bill will take place, has not been scheduled.


New Hampshire S.B. 169 and H.B. 219 referred to Health, Human Services and Elderly Affairs Committees on 1/8/15

11/21/15: The following Stateside Alerts were published on Tuesday, January 20, 2015 regarding N.H. S.B. 169 and N.H. H.B. 219. These measures were prefiled as L.S.R. 595 and L.S.R. 173 respectively. If approved, these measures would go into effect 60 days after passage.
N.H. S.B. 169 – Government Assistance (TANF/EBT)

Sponsor: Senator Jeanie Forrester (R)
Summary: Prohibits an electronic benefits transfer card or cash obtained from such a car from being used to gamble, purchase tobacco products, alcoholic beverages, lottery tickets, firearms or adult entertainment.

http://www.gencourt.state.nh.us/legislation/2015/SB0169.html
N.H. H.B. 219 – Government Assistance (TANF/EBT)

Sponsor: Representative Charles McMahon (R)
Summary: Prohibits the use of electronic benefits transfer cards in: business establishments primarily engaged in body piercing, branding or tattooing; cigar stores and stands, pipe stores, smoke shops and tobacco shops using merchant category code 5993 and marijuana dispensaries.

http://www.gencourt.state.nh.us/legislation/2015/HB0219.pdf

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