A cross-party coalition in the House defeated a bill that had the backing of the Legislature's Republican leadership. The legislation would have imposed expensive fines on people who file frivolous lawsuits to stop state construction projects.
New Hampshire Public Radio's Raquel Maria Dillon reports.
After the vote, outside the House chambers, victorious legislators shook hands and congratulated each other.
If the bill had passed, a judge could declare a lawsuit frivolous and require people who sue over state construction projects to pay up to ten percent of a projects� total cost.
Senate Majority Leader Bob Clegg said his bill would protect taxpayers from so-called sabotage lawsuits, and he singled out environmental groups� cases against the state.
But many legislators slammed the bill, saying it would intimidate whistle-blowers and citizens who have legitimate objections to poorly planned state projects.
In an unusual move, representatives from all parts of the political spectrum teamed up to defeat the frivolous lawsuit bill.
SOLTANI :05 it was a strange combination or alliance of people.
Republican Representative Tony Soltani of Epsom:
SOLTANI :19 We have NH Republican alliance, "Mainstreeters", and Democrats, able to undermine controlling power of House, the republican leadership.
All together those three factions overturned the committee recommendation to pass the bill.
SOLTANI :13 if it takes away from individual liberties, we can build a coalition. If it takes away from the rights of the towns, we can build a coalition between the left and right.
Portsmouth Democrat Terie Norelli said the law was overbearing and unnecessary. She found herself in the minority on the Public Works and Highways committee. So she appealed to her colleagues across the aisle who were concerned about the right of local governments� to challenge the state.
NORELLI :20 Individual rights were at stake, communities� right to access due process was at stake. And if you have good policy, if you can articulate your case, and form relationships with people to come together on the issues you have in common, then every once in a blue moon you have a success.
Democratic Representative Bernard Benn of Hanover says the proposed law tries to fix a problem that doesn�t exist.
The Commissioner of the Department of Transportation testified that construction delays were more often caused by design changes and the D-O-T�s internal review process.
BENN :19 the sponsors of this bill focus on frivolous lawsuits as a key problem in the approval process, with particular concern for enviro challenges. This bill also affects every town and constituents. It affects long haired, short haired, even those of us with out hair.
Conservation Law Foundation attorney Tom Erwin said he was very pleased with the vote. He says the bill was unconstitutional.
ERWIN :20 had it passed into law this bill would create such a chilling effect. Discouraged citizens from seeking access to the courts.
CLEGG :05 The house didn�t pass it so frivolous lawsuits by environmental groups are ok according to the house.
The bill�s sponsor, Senator Bob Clegg, wasn�t phased by the coalition his legislation inspired. He says he�s just worried about the cost of stalled construction projects.
CLEGG :13 it�s costing us now this will just give people more ambition to create more problems for state projects. if that�s their belief that�s their right, it�s their people that voted for them so�
He shouldn�t be worried about any possible coalition-building in the future, since blue moons are a rare phenomenon. So far this legislative session, this is the first time a cross-party partnership has affected a piece of legislation.
For NHPR News, I�m RMD.
