HB 1405 – AS INTRODUCED

2012 SESSION

12-2687

08/04

HOUSE BILL 1405

AN ACT relative to refugee resettlement.

SPONSORS: Rep. Pettengill, Carr 1; Rep. DeLemus, Straf 1; Rep. W. Hutchinson, Hills 9; Rep. Tamburello, Rock 3; Rep. S. Tremblay, Rock 3

COMMITTEE: Municipal and County Government

ANALYSIS

This bill allows local governing bodies to establish moratoriums on refugee resettlement in New Hampshire communities.

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

12-2687

08/04

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Twelve

AN ACT relative to refugee resettlement.

Be it Enacted by the Senate and House of Representatives in General Court convened:

1 New Subdivision; Refugee Resettlement in Municipalities. Amend RSA 161 by inserting after section 11 the following new subdivision:

Refugee Resettlement in Municipalities

161:12 Definitions. In this subdivision:

I. “Absorptive capacity” means a determination made by a local governing body evaluating, for a host community within that jurisdiction:

(a) The capacity of the community’s social service and healthcare agencies to meet the existing needs of the community’s current residents;

(b) The availability of affordable housing, low-cost housing, or both, and existing waiting lists for such housing in the community;

(c) The capacity of the local school district to meet the needs of the existing or anticipated refugee student population; and

(d) The ability of the local economy to absorb new workers without causing competition with local residents for job opportunities, displacing existing local workers, or adversely affecting the wages or working conditions of the local workforce;

II. “New Hampshire refugee program” means the program in the office of energy and planning which administers the refugee program for New Hampshire.

III. “New Hampshire refugee coordinator” means the official designated by the New Hampshire refugee program.

161:13 Duties of New Hampshire Refugee Program. The New Hampshire refugee program shall:

I. Meet at least quarterly with representatives of local governing bodies to plan and coordinate the appropriate placement of refugees in advance of the refugees’ arrival;

II. Ensure that representatives of local resettlement agencies, local community service agencies, and other publicly-funded or tax-exempt agencies that serve refugees in New Hampshire shall meet at least quarterly with representatives of local governing bodies to plan and coordinate the appropriate placement of refugees in the host community in advance of the refugees’ arrival;

III. Execute a letter of agreement with each agency providing refugee resettlement services in this state. The letter of agreement shall require the parties to mutually consult and prepare a plan for the initial placement of refugees in a host community and set forth the continuing process of consultation between the parties. The provisions of the letter of agreement shall be consistent with federal law regulating the resettlement of refugees; and

IV. At least quarterly transmit copies of the letters of agreement and any initial refugee placement plans prepared thereunder to the chairpersons of the house and senate committees addressing state and local government issues, and to the chairperson of the budget committee of local governing body regulating the host community.

161:14 Moratorium.

I. The New Hampshire refugee program shall accept an application from a local governing body for a moratorium on new refugee resettlement activities in a host community where the local governing body has determined that the community lacks sufficient absorptive capacity.

II. A host community lacks sufficient absorptive capacity where the local government, after consultation with the state refugee coordinator, holds a public hearing and issues findings based on the factors demonstrating that further resettlement of refugees in the host community would result in an adverse impact to existing residents.

III. Upon notice of a determination made pursuant to paragraph II, the New Hampshire refugee program shall thereafter suspend additional resettlement of refugees in that community, until the state refugee coordinator and the local governing body have jointly determined that sufficient absorptive capacity for refugee resettlement exists to implement the initial refugee placement plan prepared for the host community.

IV. No moratorium granted under paragraph III or any extension thereof, shall exceed a total of one year.

2 Effective Date. This act shall take effect upon its passage.