The House, Wednesday, January 30, 2008

Rep. John DeJoie (D - Merr 11)Thank you, Madam Speaker. Colleagues in the House this will be brief. I had to double space it and write it big so I could read it. I rise today in support of naming a road after Officer Bruce McKay. Over the past ten years, five New Hampshire police officers have died in the line of duty. In 1997, State Troopers Leslie Lord and Scott Phillips and Epsom Patrolman Jeremy Sharron made the ultimate sacrifice. In 2006, they were joined by Manchester Officer Michael Briggs and in 2007, Franconia Officer Bruce McKay. Each time a bill was introduced and a road was named for the officer within the first year following their death. Today, the New Hampshire law enforcement community is asking this body to continue the same tradition by naming a road for Officer McKay. There has been much discussion about this bill focused on whether the community is ready to memorialize Officer McKay. This misses an important point. Officer McKay was killed in the line of duty. He was shot four times in the back and run over by a car. Many of you know I'm a firefighter. I'm a first responder. All first responders, firefighters and law enforcement share a code with the military that no one is to be left behind on the battlefield. Officer McKay is still on that battlefield. That may sound overly dramatic, but I feel it in my heart. I first understood what this meant as a brand new firefighter when I learned of a fire in Worcester, Massachusetts, at a warehouse. We were at the firehouse when the news reported the fire. As a new firefighter, like most new recruits, I was really a little bit jealous just being able to watch this fire on TV. This jealousy quickly turned to horror and sadness as we watched the news reporting that two firefighters were missing. I had a sick feeling in my stomach which became worse when the news reported four and then six missing firefighters. They were all lost searching for other firefighters. Finally, after what seemed like a lifetime, the news reported that all six firefighters were presumed dead. A few days later I went to the scene of the fire, to the fire building. The building was now in rubble. Nothing was standing of it and the rubble took up the space probably about the size of this chamber. I was surprised to see firefighters on their hands and knees sifting through the rubble, which at that point, they had been doing for days. When I asked what they were looking for, I was told they were looking for any remains of the missing firefighters. I must have had a puzzled look on my face because I was told, "We always bring our brothers home. No one is left on the battlefield." This is the same bond that law enforcement officers share with one another. Now we are asked to memorialize Officer McKay. Memorialize him in a way that is fitting for a fallen officer. Law enforcement has been trying to honor this officer, to remove him from the battlefield, for nearly a year. Police officers, state troopers, police chiefs and the sheriffs are asking for our help. They are asking us to help bring their brother, Officer Bruce McKay home today. Thank you. Speaker: The question before the House is on the adoption of the committee report of Refer for Interim Study on House Bill 1428. The Chair recognizes the member from Nashua, Rep. Campbell.

Rep. David Campbell (D - Hills 33)Thank you, Madam Speaker. My Honorable colleagues, I rise on behalf of the committee to speak in favor of the committee report of Refer for Interim Study. I have had the privilege of serving four terms in this House of Representatives - two terms in my early twenties and now a second term in my late forties - but one thing has remained constant. This very special citizen legislature is made up of men and women willing to volunteer their time to serve the people of their districts and our state. We are from different backgrounds, different parties and different political philosophies. I believe without exception we all try to do the right thing. There is an innate sense of fairness that is the very fabric of what makes New Hampshire and this legislative body so unique. However, for anyone to mistake, suggest or intimate that the fifteen members of the Public Works and Highways committee in any way disrespect law enforcement or dishonor a police officer killed in the line of duty, is simply wrong. More than that, it is unfair and disrespectful to who and what each of us are and why we chose to serve. Does anyone truly believe that the entire membership of the Public Works committee, comprised of two retired Army Colonels, a former Speaker of this House, a first responder, an officer of the court and several former or present municipal officials actually disrespects the New Hampshire law enforcement community? That we do not honor or that we will not honor Corporal Bruce McKay? That in our very serious and considered deliberations that we did not try to do the right thing? Does anybody truly believe that the editorial boards of The Union Leader, the Concord Monitor and the Littleton Courier also dishonor police officers because each of those newspapers encouraged or supported our committee's recommendation? The very reason standing committees and this House follow and abide by precedent and procedure is to handle sensitive situations just like the one before us today. I will let my Honorable friend and colleague from Bartlett, who has chaired and served on Public Works far longer than I, tell you about the committee's precedent. Suffice to say that our committee voted to refer this bill to interim study because we received public testimony, correspondence and petitions that revealed to us a deeply divided town and local area. A local area that shares a common school district and the social ties that bind all adjacent New Hampshire communities. I am very proud to say that at no time during the public hearing and at no time during the executive session did any member of our committee make any issue about any individual's personality or character. I believe, my fellow Representatives, that if you sat on our committee, if you stood in our shoes, that most of you would have done exactly what the committee on Public Works and Highways voted unanimously to do: recommend that this bill be referred to interim study to allow a town and local communities some time to heal and to give all of us some time to reach a consensus on how and where to best honor Corporal Bruce McKay. Thank you, my fellow Representatives. Thank you, Madam Speaker. Speaker: The question before the House is on the adoption of the committee report of Refer for Interim Study on House Bill 1428. The Chair recognizes the member from Atkinson,

Rep. George Winchell (R - Rock 6)Thank you, Madam Speaker. As most of you know, I'm a retired police officer so you understand why I am here. In this House we have had bills honoring police officers and serviceman killed in Iraq. Just last year we had a bill, family sat up there in the gallery, one person mistakenly voted against naming a bridge in Plymouth after that serviceman. A recommendation was brought for reconsideration and it was unanimous to name that bridge in Plymouth after that fallen soldier. Corporal McKay's bill is recommended to be sent to Interim Study, which is a nice way to kill it, as you know. Melvin Keddy, a section of Route 125 in Kingston was named after him. He was a police officer killed, struck by a car and killed in the line of duty. That was not sent to Interim Study. The bridge in Plymouth was not sent to Interim Study. I have never, I am in my sixth year here, never as the previous speaker spoke, I have never heard anyone speak against law enforcement, putting them down for their profession. Obviously, there is a lot of hard feelings on this particular bill, but I submit to you those hard feelings are not going to go away. I sat in one of the hearings and listened to people in the background. Ten years from now, maybe those strong feelings will go away so I think you have to consider what we've done here in the past. Consider, especially the people in the North Country, I know you are in an awkward position because there is so many hard feelings. Again, they are not going to go away. I suggest that you do the right thing and overturn the committee's recommendation to send to Interim Study and vote for passage. There is a floor amendment that I think is going to appease most people, not everybody, but I think you have to do the right thing. He was killed in the line of duty. In twenty-eight years, I went home every single night except one when I got hit by a car. I went home safely every night. He did not go home and I think he deserves to have a section of any highway, any road up in the North Country or whatever you want to name after him. He deserves that today as we have done in past bills and in previous sessions in this House and not put it off until who knows when. Thank you, Madam Speaker. Speaker: The question before the House is on the adoption of the committee report of Refer for Interim Study on House Bill 1428. The Chair recognizes the member from Concord,

Rep. Steve Shurtleff (D - Merr 15)Thank you, Madam Speaker. My fellow House Members, I spent my life in law enforcement starting in 1966 when I went in the Army and spent three years as a military policeman, a year of it in Vietnam and the last year with the Armed Forces Police in New York City. When I got out of the service in 1969, I joined the Concord Police Department. Subsequently, in 1974 I was hired by the U.S. Department of Justice as a Deputy U.S. Marshal. After three months of training, I went to my first duty station in Cleveland, Ohio. Three years later I was able to come back home to New Hampshire. In the year 2000 I retired as a Supervisory Deputy U.S. Marshal after twenty six years with the Department of Justice and, after I retired, I became a substitute school teacher in the Merrimack Valley School District. A job I really enjoyed. Then, 9/11 came. I guess I was something like an old fire horse. I felt I had to be doing something more so I joined the Canterbury Police Department and eventually became a Sergeant. Then one cold rainy day while I was investigating a minor traffic accident, it dawned on me. I didn't need to do this anymore. I guess it was then that I decided that instead of enforcing laws, I would rather be making them. I ended up in this distinguished body. The saddest days of my life, other than the passing of my own parents, have been attending funerals for police officers who have died in the line of duty. Starting in August of 1992, when Billy Degan, a UNH graduate and a Deputy Marshal from Boston was killed at Ruby Ridge. That has been over fifteen years now since his funeral, but I can still see his wife standing on the steps of Saint Ann's Roman Catholic Church in Quincy, Mass., holding the hands of her son and her daughter. I have tremendous respect and admiration for the sponsors of House Bill 1428. I greatly appreciate their thoughtfulness and their kindness in wanting to honor a fallen brother. But as we all know, there is a small town in the White Mountains of New Hampshire with a population of just 280 where those wounds haven't healed yet, and I say to you and I say to my brothers and sisters in uniform, officers and firefighters alike, that the day will come when Corporal Bruce McKay will be memorialized. When that day comes, it must be his day and his day only. It can't be defaced by controversy. I ask you to join with me in support of the Public Works committee's 15-0 vote for Interim Study. Thank you, Madam Speaker. Speaker: The question before the House is on the adoption of the committee report of Refer for Interim Study on House Bill 1428. The Chair recognizes the member from Franconia,

Rep. Martha McLeod (D - Graf 2)Thank you, Madam Speaker. Members of the House, I rise today in opposition to the Interim Study motion of the Public Works committee. I do want to start by saying that I don't think anyone thinks that the Public Works committee disrespects Officer McKay at all. It's really about the perception that is out there in the communities and in the state. That's really what it's about. It's a very emotional issue. I am the only Representative for the town of Franconia. I am a native. I was born and raised there. I know very well how the community feels and I know almost all the people involved in this. I would not be standing here asking you to overturn the Interim report if I didn't feel that this is what our community needs in order to move on from this tragic event. Last May, Franconia's Corporal Bruce McKay was killed. We were all deeply shaken by the tragedy that occurred. Our fallen officer's family, our other officers, the first responders, our town employees, our elected officials, individuals throughout the community and the families of all of those involved including the Kenney family. In August of this year, Corporal Bruce McKay's fianc� came to me on behalf of the McKay family and asked that the Legislature honor Corporal McKay in the tradition of New Hampshire law enforcement with a sign along a roadway he had patrolled. Let's be real here. We are talking about a 12 x 18 black and white sign along the roadway. I believe that honoring an officer who was killed while protecting our community is a simple request and can be handled in a straightforward and direct way. I believe it is right to honor the McKay family's wish that a roadway he patrolled in the area of Franconia Notch be memorialized for their son. He was a public servant who was killed on duty and while serving our town. At the family's request, as a Legislator, I sponsored the legislation. It's important to know that the Selectmen in the town of Franconia unanimously supported this legislation. Governor Lynch wrote a letter of support for this legislation and lent his support as well. In the words of Attorney General Ayotte in a letter to the Public Works committee, "The men and women of law enforcement leave their families every day to address some of the most difficult problems we can confront as a state. They risk their lives and safety to ensure our safety and the safety of our families. On the day of his death, Corporal McKay left his daughter and his fianc� to keep the people of Franconia safe." I ask that you think carefully about the message that a vote for Interim Study sends to the residents of our state. There is nothing more to study about this. Officer McKay's family has made a deep sacrifice for the rest of us. They don't deserve to be told to go away for any amount of time. Theirs is a simple request. A study committee sends the wrong message to them. It sends the wrong message to the law enforcement community that makes so many sacrifices for us. It sends the wrong message to the entire state that looks to our men and women in uniform for protection. If the Interim Study motion is overturned, I plan to offer an Ought to Pass with amended motion. The amendment is in your seat pockets. It changes the location of the sign to an intersecting roadway in the park that addresses many of the concerns that you have heard about from people. Bruce McKay, a twelve year veteran of Franconia New Hampshire Police Department was shot in the line of duty trying to uphold the law. I believe that he deserves to be honored now, honored within a year of his death just like the other four officers who were killed in the line of duty in the last ten years. Please show support for the McKay family and for the law enforcement community. Please press the red button and overturn the Interim Study motion so that we can discuss the bill and the amendment. Thank you very much. Speaker: The question before the House is on the adoption of the committee report of Refer for Interim Study on House Bill 1428. The Chair recognizes the member from Bartlett, Representative Chandler. I will say that this is the final speaker and there will be a roll call.

Rep. Gene Chandler (R - Carr 1)Thank you very much, Madam Speaker. As has been mentioned, when the Public Works committee did its deliberation on this bill, at no time were the qualifications, the actions of the people involved in this, under our consideration. That's for other people to work on and worry about how that happens. The Public Works committee has a proud and honorable history in the years that I have been on it, which is more than I'd like to remember, of honoring our police officers, veterans, any number of different people and we have done it in the appropriate way at the right time and the right place in the right way, in my opinion. Apparently, because the House has voted with us so many times, I believe they share that. Our position has always, almost, I say always but I hesitate to say that anymore, to be so definitive, but I can't think of a time, let me put it that way, when the House Public Works committee has asked this House to vote for or against a naming bill where we don't have the support of the community. Every single time we have an issue with a naming bill we ask for and receive, in one fashion or another, letters indicating the community support or non-support. We have killed bills. The troopers that met an unfortunate untimely death in the face of duty back in 1989; we had a bill in the early 90's to name a highway after those troopers. The committee found that inexpedient to legislate at the time because there wasn't, what we felt was not enough support from the local communities for that to happen. It passed a few years later. The community got together, came back to the committee. We passed it. That's done. It's been named for those troopers. That's all we're asking for here is the community to come up with a recommendation. Without objection, I would just like to read one paragraph, understanding that this is from the Franconia Recovery and Reconciliation Committee, which has been charged with coming up with a report on how the community should get through this process and what recommendations they should make. They have a report date to finish up their project by July of this year. "Understanding that roadside signs are a tradition in New Hampshire for honoring a line of duty death, we respectfully suggest that consideration of House Bill 1428 be tabled for a time sufficient for us to complete our year long process. Thanks for your consideration. This will help all of us in our work to its healing and moving forward." I just ask you if you have a situation like this or any other situation in your community where you were working on an issue and had a committee doing it, would you like the Legislature to enforce it's will on your community until you had time to finish the job? That's why we're asking. We didn't kill this bill. We want to put it in Interim Study. We want to hear from the community, this committee. Find out what they'd like to do and then move forward. Thank you very much. Please support Interim Study. REGULAR CALENDAR (CONT'D) HB 1555-FN, relative to an E-Z Pass discount for residents of Merrimack. INEXPEDIENT TO LEGISLATE. Rep. Dale R. Sprague for Public Works and Highways: This bill would have given all E-Z Pass account holders with a Merrimack zip code a 100% discount on exits 10, 11 and 12 of the Everett Turnpike. This bill would have also reduced the E-Z Pass discount for all vehicles from 30% to 28%. The committee's position is the turnpike system was created and designed to work as a "pay as you use system." It is unfair to target one community and give them a "free pass" without allowing all users of the system to reap the same benefit. Vote 15-0. Rep. Stepanek spoke against and yielded to questions. Rep. Cloutier spoke in favor. On a division vote, 238 members having voted in the affirmative and 97 in the negative, the committee report was adopted.