From NH INSIDER, a blog run by Chaz Proulx; posted April 1 2007

Alert: Please Call Your Senators to Preserve Local Control

I've copied a legislative call to action below. If you care about local control, please read what David Little from Tamworth has to say.

Here's a little background on this issue:

On July 11, 2005 I posted a long investigative piece that detailed the history of SB 438--one of the worst bills ever to go through the NH Legislature. The bill was bad enough, but the way it went through the Legislature has become THE lesson in how not to govern.

Here’s the short story: SB 438 ripped local control from the people of Tamworth in the most miserable way possible. A group of influential Republican Senators passed the bill behind the backs of the people of Tamworth. They were not notified about the bill and never had a shot at addressing the legislature at all until it was too late!  Lobbying money had made the rounds and an out of state business interest trumped local control.

This is not a Tamworth issue, this is an issue that can impact any town in NH.

A number of those Senators have been replaced (there is some justice in this world)  but SB 438 led to the adoption RSA 287-G. 

Here’s the link if you care to read the long winded version:

http://www.nhinsider.com/display/ShowJournal?moduleId=179069&currentPage=9

Anyway---SB 438 was so bad that in 2005 the New Hampshire House of Representative did a remarkable thing. Recognizing the shenanigans of the previous year, the House debated and overwhelmingly passed HB 90 which would have categorically reversed SB 458.

The house passed HB 90 (along party lines) but it was killed in the Senate after a very tough floor debate by the same senators who originally sold out the people of Tamworth. 

So now in 2007 the whole thing is being revisited. Thank heaven the current NH Senate is smart enough and honest enough to try to do the right thing by the citizens of NH. Senator Peter Burling is doing his best to sort it out peacefully. He has acted in good faith, but it looks like the people of Tamworth would much rather start from scratch.

They would like to see a proposed study committee do away with RSA 287-g. And who can blame them. 

David Little from Tamworth wrote the following press release. I hope all of you take the time to call your State Senator about this bill.

SB 190: Playing Russian Roulette with Local Control

For the third time in four years the NH Senate is considering a bill that affects local control. And for the third time, it looks like town government and the democratic process won’t win. If you favor local control, you might want to call your Senator now.

In 2004 the legislature passed special interest legislation for developer Club Motorsports Inc., who wants to build a race track on Mount Whittier in Tamworth . RSA 287-G defined a “private driving instruction and exhibition facility” and granted an exemption from regulation like the Race Track Ordinance Tamworth had just adopted.

This past November, Tamworth’s Planning Board denied CMI ’s application for a wetlands permit. CMI appealed, but unless the Courts give permission to build in Tamworth ’s wetlands, CMI will take their plans and exemption in search of another town. If CMI chooses your town, even with zoning, there is no way to regulate this type of track.

SB 190 would establish a committee to study municipal regulation of private motor sports clubs. But studying the issue won’t solve anything. If you’re concerned about local control, you should call your Senator and ask them to amend the bill to repeal RSA 287-G instead.

I can understand Senators don’t want to be reminded of, or admit to, past errors. But not fixing this is like playing Russian roulette: the problem will appear again, in someone else’s district. And they will have had three opportunities to fix it.

Posted on Sunday, April 1, 2007 at 03:31PM by Chaz Proulx

NOTE (from F:T): 
At the recommendation of the committee, SB 190 was “re-referred” to the Senate Public and Municipal Affairs Committee on April 12. On January 2, 2008, it was ruled “inexpedient to legislate” – killed – by the committee.