1973 HB826 Legislative History

Versions of HB826:

From 1973 House Journal and Senate Journal

House Index

[HJ 2280] HB 826 Re the repeal of the section excepting the office of employment security from the operation of Revised Statutes Annotated 91-A. (Spirou of Hil. 27)
808, com changed 853, psd 1370-1371, recon rej 1374, psd 1377, S nonconc, study 1951-1952, 2115

Senate Index

[SJ 2705] HB 826 Re the repeal of the section excepting the office of employment security from the operation of RSA 91-A.
1493-1494, study (2 RC's) 2229-2232


Thursday, 19 Apr. 73

[HJ 807] RESOLUTION

Rep. George 13. Roberts, Jr. offered the following:

[HJ 808] Resolved, that in accordance with the list in the possession of the clerk, House Bills numbered 824 through 829 shall be by this resolution read a first and second time by the therein listed titles, laid on the table for printing and referred to the therein designated committees.

INTRODUCTION OF HOUSE BILLS
First, second reading & referral

HB 826, relative to the repeal of the section excepting the office of employment security from the operation of RSA 91-A. (Spirou of Hillsborough Dist. 27 - To Executive Departments and Administration.)


Wednesday, 25 Apr. 73

[HJ 853] VACATES

Rep. McLane moved that the House vacate the reference of HB 826, relative to the repeal of the section excepting the office of employment security from the operation of RSA 91-A, to the committee on Executive Departments and Administration and re-refer said bill to the committee on Judiciary.

Adopted.


Thursday, 24 May 1973

[HJ 1360] COMMITTEE REPORTS CONTINUED

[HJ 1370] HB 826
relative to the repeal of the section excepting the office of employment security from the operation of RSA 91-A. Majority: Inexpedient to legislate; Rep. Alukonis for Judiciary. Minority: Ought to pass. (Reps. McManus, Anthony Stevens, Close, Buckley, Dudley, H. Gwendolyn Jones, Currier and Spirou)

Majority: The right-to-know law applies to all departments except employment security. The majority felt that the exception should continue.
[HJ 1371] Minority: This excellent legislation would apply the "Right to Know" law to the only state agency presently exempt, the Department of Employment Security. Records relating to personnel practices, confidential, commercial or financial matters would continue to be exempt under this bill.

Rep. Close moved that the report of the minority, ought to pass, be substituted for the report of the majority, inexpedient to legislate, and spoke in favor of the motion.

(discussion)

Reps. George E. Gordon, Coutermarsh, Spirou, George B. Roberts, Jr. and Zachos spoke in favor of the motion.

Rep. Curran nonspoke in favor of the bill.

Rep. Daniel J. Healy spoke against the motion.

Rep. Boisvert moved the previous question.

Sufficiently seconded.

Adopted.

Motion adopted.

Ordered to third reading.


[HJ 1374] RECONSIDERATIONS

Rep. Spirou moved Reconsideration on HB 826, relative to the repeal of the section excepting the office of employment security from the operation of RSA 91-A.

Reconsideration lost.

[HJ 1375] RESOLUTION

Rep. George B. Roberts, Jr. moved that all bills ordered to third reading be read a third time by this resolution and that all titles of bills and captions of resolutions be the same as adopted, and that they be passed at the present time, unless otherwise ordered by the House, and when the House adjourn today it be to meet tomorrow at 9:30 a.m.

Adopted.

LATE SESSION
Third reading and final passage

[HJ 1377] HB 826, relative to the repeal of the section excepting the office of employment security from the operation of RSA 91-A.


Friday, 29 May 1973

[SJ 1492] INTRODUCTION OF HOUSE BILLS
First, second reading and referral

[SJ 1493] HB 826, relative to the repeal of the section excepting the [SJ 1494] office of employment security from the operation of RSA 91-A. Referred to Executive Departments, Municipal and County Governments.


Thursday, 21 June 1973

[SJ 2221] COMMITTEE REPORTS (Continued)

[SJ 2229] HB 826

relative to the repeal of the section excepting the office of employment security from the operation of RSA 91-A. Referred to Interim Study in Executive Departments, Municipal and County Governments. Sen. Jacobson for the Committee.

Sen. JACOBSON: Mr. President, we held a hearing on HB 826 which has as its purpose the removal of the present exemption with regards to the right to know law, and the department [SJ 2230] of employment security. This relates principally to that very important chapter, chapter 282 in the RSA's. Now this chapter deals with the question of arbitration between labor and management, and it relates to the question of appeal. Both the labor members of the advisory council and the management of the advisory council asked that we study. We would like to study this to see what the full implications of this are.

Sen. BOSSIE: Senator Jacobson, do you believe in the concept of equal protection under the law and of equal justice under law?

Sen. JACOBSON: As a constitutional principle, yes.

Sen. BOSSIE: Can you tell me any reason why the Department of Employment Security should be under any different law than everyone else?

Sen. JACOBSON: The answer to that question is a very complex one. According to the testimony that was offered to this committee there are matters of great importance in terms of negotiation which are not necessarily in the best interest of the right-to-know law. But the committee felt that we should study this.

Sen. BRADLEY: If you were going to administer the right-to-know law would it not then be open to any department to be made exempt from unemployment compensation?

Sen. BOSSIE: If we are to continue to direct the Department of Employment Security to have this privilege that no one else has, then why can't we give it to the Welfare Department?

Sen. JACOBSON: I suppose if there were others who wanted it that we would have to give them consideration.

Sen. DOWNING: Senator Jacobson, as you know Senator, we often are suspect of study committees. In this instance do you believe that the committee would pursue the study of this bill seriously?

Sen. JACOBSON: I believe it would.

Sen. SPANOS: Mr. President, I rise in opposition to the motion offered by the committee and I hope that you will vote it down so that this will pass.

Sen. BOSSIE: Mr. President, I rise in opposition to the [SJ 2231] pending motion. It's very difficult to follow such an articulate speech that the vice president has made and that our fellow senators have listened well to what he has said. There is no reason why any department should be excluded from the Right-to-Know Law.

Sen. DOWNING: Senator Bossie, why do you feel that the Department of Employment Security was to be excluded in this?

Sen. BOSSIE: I can't imagine.

Sen. BRADLEY: Senator Downing, the reason for total seclusion of that Department in 1967 don't you think that within the six years since then they might have been able to explain it to someone?

Sen. DOWNING: I would be inclined to think so if somebody had asked.

Sen. LAMONTAGNE: Senator Spanos, did I hear you correctly that when the committee meets with labor, you'd like to see that open?

Sen. SPANOS: Yes, that's right.

Sen. LAMONTAGNE: Do you mean to tell me that all of the problems and troubles between management and labor in proposing new legislation that it hasn't been helpful to the Houses?

Sen. SPANOS: I'm not going to say that the efforts of the advisory council have not been productive ones, but I'm trying to say that I think that it would be far more productive if they did have the people that they represent watching their deliberations.

Sen. LAMONTAGNE: Mr. President and members of the Senate, I've always been a great supporter of the Right-to-Know Law but my experience goes back to 1955 when we had labor on one side and management on the other and we had so many disagreements. Since then a group of people have met and worked out compromises that have made it a lot easier for us who are serving both management and labor. Now as far as sending this bill to a study committee, I'm for this.

Sen. BOSSIE: In 1967 you were here in the Senate. Why was the Employment Security Department secluded then?

[SJ 2232] Sen. LAMONTAGNE: I'll be honest with you, I don't know.

Roll Call requested by Sen. Bossie, seconded by Sen. Green.

Yeas: Lamontagne, Poulsen, Gardner, Jacobson, Blaisdell, Claveau, Ferdinando, Sanborn, Brown, Johnson, Downing and Preston.

Nays: S. Smith, Bradley, Green, Spanos, Nixon, Porter, McLaughlin, R. Smith, Bossie and Foley.

Result: Yeas 12; Nays 10.

Adopted.

Sen. Jacobson moved Reconsideration of HB 826.

Roll Call requested by Sen. Spanos, seconded by Sen. Trowbridge.

Yeas: S. Smith, Bradley, Green, Spanos, Nixon, Trowbridge, Porter, R. Smith, Bossie and Foley.

Nays: Lamontagne, Poulsen, Gardner, Jacobson, Blaisdell, McLaughlin, Claveau, Ferdinando, Sanborn, Provost, Brown, Johnson, Downing and Preston.

Result: Yeas 10; Nays 14.

Motion lost.


Friday, 22 June 1973

[HJ 1951] NONCONCURRENCE
REFERRED TO INTERIM STUDY COMMITTEE

Executive Departments, Municipal and County Governments

HB 826, relative to the repeal of the section excepting the [HJ 1952] office of employment security from the operation of RSA 91-A.


[HJ 2111] LIST OF INTERIM STUDY COMMITTEES

[HJ 2115] HB 826, relative to the repeal of the section excepting the office of employment security from the operation of RSA 91-A.

Senate Executive Departments, Municipal and County Governments and House Municipal and County Government.