NHPR
House Votes on Bill to Regulate Racetracks

Dan Gorenstein, 2005-04-07

The House considered a controversial measure yesterday that pits local control against big money and fast cars.

New Hampshire Public Radio's Dan Gorenstein has more.

Below is a rough transcript. It is not word for word accurate.

Ever since the bill regulating automobile tracks passed last year, small town residents have wondered how that law may affect their communities.

The law defines a private driving instruction and exhibition facility.

It also says towns will not have the power to regulate those driving facilities.

That last provision has a whole lot of people up in arms about local control.

Their worst fear is that a developer would waltz into a town, and build a private motor club against the wishes of the town.

The law sprung from the controversial proposal to build such a private track in Tamworth.

State Representative Ann-Marie Irwin says her constituents are worried about the precedent set by the move.

1:26 it's been people cornering me in the post office and bank. People are really very mindful of the significance of this. They are also thinking there but for the grace of god it could happen in our community. So they understand the Tamworth thing is the Tamworth thing. But they are worried about what could be the Peterborough thing, what could be the New Ipswich thing.

Based on those concerns, this session lawmakers introduced a bill to amend the law.

It retains the definition of a private driving facility, but removes the local control clause.

Proponents argued it's a concept that is essential to the Granite State.

The New Hampshire Municipal Association's Judy Silva.

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:25 before last year's bill, you had the authority to regulate a race track, and the bill that passed last year specifically said you don't have authority to regulate these types of facilities, I don't know how I can be any clearer that this takes away local control.

But opponents like Representative Eric Stohl ardently disagree.

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2:20 ... HB 90 is not about local control. At the same time people were talking about local control in front of our committee, they were putting in a noise ordinance petition to go to town meeting, and they did. They put it in. Tamworth voted it through...that's ok, that's local control is. They adopted a noise ordinance.

Stohl and others argue that local control is not an issue because towns have the same authority they did before the law was passed.

They still have the ability to regulate motor vehicle racetracks.

Their point is that facilities like the Tamworth track are different and the law had been silent about them.

When you think of a race track, explains Tamworth lobbyist Theresa Rosenberger, think of something like the Loudon Speedway: walls, crowds, concessions, and prizes.

1:56 we are like a private golf country club. We have members, we are not open to the public, we don't have spectators, we don't charge admission, we are a private facility on private property. Almost like a gated community.

Rosenberger's definition of the place, as different from a racetrack is not universally shared.

During the floor debate, Dover Representative Peter Schmidt tagteamed with Conway Representative Crow Dickinson to dispute any difference.

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3:15 does the member yield to a question? Representative Schmidt. The previous Speaker from Hudson made a large deal about a Loudon style race track, and the proposal in Tamworth. Would you agree, although an electric chair is quite dramatically different than a gas chamber, effectively you are still dead after both? I would agree that if it looks like a duck, and walks like a duck, then it is a duck.

Ultimately, those arguing that last year's bill cut into a town's local control won the day.

The measure now moves to the Senate.

Opponents blamed the defeat on poor organizing.

And that they confidently say won't happen again.

Lobbyist Theresa Rosenberger says she will remind Senators that the bill's passage could jeopardize the course in Tamworth.

That's 40 full time jobs, and up to 150 part-time ones.

Rosenberger says the legislation sends the wrong message.

4:12 when you say to a business we support you, and we are 100% with you one year, and then the legislature repeals that the next year, people who are looking to come into the state and spend this project is 35 million bucks. When they are coming to spend 35 million dollars in the state of NH, they are maybe going to question if it is a sound investment to invest in NH.

The plan is expected to face stiff resistance in the Senate.

But supporters believe at the very least, they have an ace up their sleeves: the potent rallying cry of local control.

For NHPR News, I'm DG.