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Senate hears competing views on SB 441 as Manchester officials seek MOU requirement for transported individuals

New Hampshire Senate Health and Human Services Committee · January 21, 2026
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Summary

SB 441 would require municipalities that transport people to another town for shelter or treatment to have an MOU with the receiving municipality and allow local control over some harm-reduction activities. Manchester officials urged accountability after repeated uncoordinated drop-offs; advocates and DHHS warned of administrative burden, privacy and treatment-access risks.

Senate Bill 441, introduced by Senator Victoria Sullivan, would require a sending municipality to obtain a memorandum of understanding (MOU) with the receiving municipality prior to transporting a person for shelter, housing or substance-use treatment, and it would allow municipalities to restrict certain harm-reduction organizations operating within their borders.

Manchester officials described repeated instances of people being transported into the city and left with no plan or notice. Alderman Chrissy Kantor said Manchester taxpayers bear the burden of sheltering and cleaning up discarded paraphernalia; Chief Peter Marr of Manchester Police said uncoordinated transfers divert officer and EMS time and asked for basic pre-notification and shared responsibility: "An MOU ensures that before someone's transported, the receiving municipality knows who's coming, the services that are being sought, and whether those services are actually available," he said.

DHHS legislative liaison Jenny O'Higgins explained the department's reading of the bill as written would create substantial operational obligations (rulemaking, compliance tracking and enforcement) and a fiscal note that includes staff and IT needs; she told the committee the department does not currently oversee municipal relationships and that detailed rulemaking and privacy safeguards would be required.

Local-welfare and homelessness administrators, New Futures and other advocates cautioned that MOUs or penalties could delay access to time-sensitive treatment and possibly create barriers for people ready to enter care. Several witnesses proposed targeted fixes: clarify that emergency transfers are exempt, create streamlined MOU forms, and add an appeals or mediation process to resolve residency and cost disputes between municipalities.

What the committee did: The hearing closed with discussion and requests for technical fixes. The sponsor indicated willingness to work on amendments (penalty language, rulemaking placement) to ensure practicality and to protect access to care.