February 22 and 23 were back to back session days. At this point we needed to vote on as many bills as possible because we were approaching the deadline for second committee bills to arrive at the second committee.
DAY ONE
COMMERCE AND CONSUMER AFFAIRS
HB459 FN is a bill that allows the AG’s office to issue right-to-sue letters to harmed consumers expanding private consumers’ private cause of action against banks, investment firms, insurance companies and utilities. The committee thought that these serious situations belong in the AG’ office and should remain there. The committee recommended ITL and the House supported this in a voice vote – I voted yes to ITL
HB531 FN would set a tax on nicotine and tobacco products to be the maximum of the lowest rates charged for our neighboring NE state's and the lowest rate of 8% of such rates. There was a concern for the health and safety of Granite Staters and small business owners. The recommendation was ITL 15-5 in committee. A voice vote supported ITL – I voted yes to ITL
HB629 FN legalizes and regulates cannabis and make appropriation therefor. The committee recommended 15-5 in favor of OTP. An amendment allows the Liquor Commission to regulate businesses through licensing for each establishment. Home grown cannabis would be forbidden in order to limit black market sales. I cannot support this type of legislation and voted no on OTP but the bill passed 234 yes/127 no.
The bill was referred to Ways and Means.
CRIMINAL JUSTICE AND PUBLIC SAFETY
HB504 FN allows for previous members of a previous parole board to sit on the board, amends the stipends and makes appropriations therefor. Allowing previous members to serve prevents the board from holding hearings if there are conflicts or illnesses that prevent only two members to sit at a hearing. The committee recommended OTP 20-0 and a voice vote by the House confirmed OTP – I voted yes. The bill was referred to Finance and Finance will not put thi in the budget but is sending the bill back to the House for a vote to pass to the Senate.
EDUCATION
HB272 FN increases charter school funding per pupil from $3411 to $4624 for the school year ending June 2024. OTP was recommended by the committee 19-1 and a voice vote supported the recommendation. I voted yes. The bill was referred to Finance.
HB492 FN requires that the Dept of Education provide to the House and Senate standing committees responsible for education physical copies, digital copies or a link to the laws and rules relative to education. The committee recommended OTP 19-1 – I voted yes and the House supported OTP. The bill was referred to Finance
HB529FN provides additional aid to communities of low property wealth based on free and reduced lunch students. There is a guardrail here in that schools that get more than $50k must provide an accountability plan. This along with HB 272 above provides non-partisan support to per-pupil charter and traditional public school funding. House voice vote was OTP to support the committee report (20-0). I voted yes. The bill was referred to Finance
EXECUTIVE DEPARTMENT AND ADMINISTRATION
HB250 FN increases the state annuity death benefit for police and firefighters from 50% to 100% of their annual rate of earnable compensation at the time of their death. This left our committee with an OTP recommendation of 15-5. I voted yes. A roll call passed OTP 206/103.
The bill was referred to Finance
FYI – I went to the Finance meeting for this bill and Finance amended the bill to $60,000 per year. This is only paid, of course, if a police officer or firefighter is killed in the line of duty.
HB436 FN corrects a wrong made to our state retirees in 2011 that extended their retirement age by an additional 5 to 10 years. This policy has seriously affected our ability to retain state police, detectives, correctional and parole officers, among others. The bill carries a cost of $25M per year for 10 years but it is crucial in regaining the trust of state workers on which we depend and retaining this important work force. The committee’s recommendation was 16-3 OTP; the House roll call passed the bill 282 yes – 81 no. I voted yes. The bill was referred to Finance.
FYI-This was supported by Finance and put into the budget.
HB571FN COLAs are not part of the state retiree benefits in NH. Some state retirees such as teachers collect social security which has a COLA benefit. In return, teachers do not have the retirement benefits that police or firefighters have who do not received social security. By 2022 there had not been any COLA or stipend for 10 years. Last year a bill that passed the General Court and signed by the governor provided a $500 stipend for those individuals with annuals benefits of less than $30,000. This bill allows for a COLA 5% on the first $50k in benefits resulting in a fiscal note of $84 million. The committee was divided on this bill and it was sent to the House without recommendation. A roll call resulted in and OTP motion passing 196 yes to 167 no. I voted yes. The bill was referred to Finance
HEALTH, HUMAN SERVICES AND ELDERLY AFFAIRS
HB282 FN takes advantage of Medicaid program that shortens to 180 days the waiting period, currently 5 years, for eligibility for Medicaid for children and pregnant women who are in this country legally but without full documentation. The committee recommended OTP 12-8 and the House division vote supported OTP 186/170 – I voted yes.
The bill was referred to Finance
HB565FN expands Medicaid to certain postpartum healthcare services. Women who have given birth lose important services that can diagnose cardiovascular disease, hypertension and postpartum depression. This is an important step in preventing pregnancy related mortality and morbidity. The committee was unable to agree and sent the bill to the House without recommendation. The House passed OTP by a vote of 184 yes to 179 no. I voted yes.
HB574 FN would have provided $30 in WIC coupons to women and children to purchase locally grown fresh fruits and vegetables. This bill failed the House last year and was killed again. I cannot understand the resistance to this -the cost of the bill would be $300,000 to go to our farmers. I voted yes but ITL won 185 yes/179 no.
HB614 FN funds the NH Cancer Concern Investigation Protocol Phase 3 to study the incidence of kidney cancer in the town of Merrimack. The cost is $500k. Merrimack has significant PFAS contamination from the nearby St Gobain plant and residents must use bottled water due to contamination of their water source. The House voted OTP on a voice vote – I voted yes.
The bill was referred to Finance
LABOR, INDUSTRIAL AND REHABILITION SERVICES
HB57 FN increases the state minimum wage from the federal level of $7.25/hr. to $15/hr. I believe strongly that people should make a livable wage and NH lags its NE neighbors by several dollars. A roll call for OTP failed (I voted yes for OTP). Table motion failed and ITL succeeded with a voice vote. (I voted no)
HB74 FN - employers are currently allowed to forgo payment of earned vacation time when an employee is terminated for any reason. This bill requires payment of that earned vacation time and I support this because it is a benefit that the employee was given by the employer and a benefit that the employee earned. The bill left the committee without recommendation and the House voted OTP 187/174. I voted yes.
The bill was referred to Finance
MUNICIPAL AND COUNTY GOVERNMENT
HB489 FN establishes a county tourism development fund administered by the Dept of Business and Economic Affairs. Each county would get $40k in grants. I voted no to ITL because some counties could really use that money to promote their tourism. Not all counties are as lucky as the Seacoast or Lake Regions. ITL was supported by the House in a roll call vote 190/171.
RESOURCES RECREATION AND DEVELOPMENT
HB212FN expands DES authority to do comprehensive investigations of NHs PFAS contamination including testing and monitoring PFAS in soil, groundwater, surface water, wastewater, air, biota and other media. This passed on a voice vote to support the committee recommendation of OTP 20-0.
The bill was referred to Finance
HB276 FN establishes a cyanobacteria mitigation loan fund. Cyanobacteria blooms feed on phosphorous in NH lakes and are a serious health concerns as these substances are linked to acute, long term illnesses. NH Lakes were closed for up to a month last year and in some cases longer due to this invasive that threatens tourism and property values. This fund would address mitigation and give small lakes, that cannot apply for state grants, access to grants or loans. The committee report of OTP by 17-3 passed the House on a division vote of 199 yes to 190 no. I voted yes.
The bill was referred to Finance
HB534 FN creates the Water Assistance for Natural Disaster Fund for private well owners should a natural disaster render their water source tainted or destroyed. Currently the NH Groundwater Trust Fund serves this purpose but since 2020 they have helped 147 homeowners repair, replace or treat their wells. They are unable to sustain this scale of service. The fund appropriates $2.5 million and DES is responsible for managing the grants and loans. Serving on the Seacoast Safe and Sustainable Drinking Water Commission, I am familiar with this need and support it. The motion of OTP passed 179 to 177 – I voted yes.
The bill was referred to Finance
DAY TWO
CHILDREN AND FAMILY LAW
HB108 requires that gardian ad litem be appointed when there are hesitations on reporting child abuse or neglect for fear of penalty. It allows potential litigation for false reporting for those who perpetuate conflict. The bill passed OTP on a division vote of 214 to 183. I voted no because I am concerned about the litigation against individuals in this scenario. People should not be afraid of reporting child abuse even if it turns out not to be so.
HB124 related to alimony payments and time of temporary payments – this adds unnecessary requirement on the NH Court system and I voted on OTP. But it passed on a division vote of 179/178.
HB151 establishes a committee to study the issue of unmarried cohabitants, domestic partnerships and common law marriage and could help a survivor of such a relationship. The committee recommended OTP and the House passed OTP by voice vote. I voted yes.
CRIMINAL JUSTICE AND PUBLIC SAFETY
HB97 FB increases the penalty (to a class B felony) for a second and subsequent violation of recording or transmitting images of others without their knowledge where there is the expectancy of privacy. Also increases penalties for transmitting images of themselves engaging in sexual activity with the consent of the recipient. The committee recommended OTP 20-0 and the House supported the recommendation with a voice vote.
The bill was referred to Finance
HB160 provides equity in allowing all genders to display their chest. The committee recommended ITL 14-6 and the division vote of 223 to 129 supported the ITL – I voted for ITL.
HB191 gives state police the option, but does not require, the Department of Safety to conduct a surrender and destroy program for unwanted firearms. Current law prohibits this. This is allowed in other states. The committee recommended ITL by a vote of 16-4 and I supported the committee voting ITL in a division vote of 237 to 121. Police departments will take surrendered and unwanted weapons.
HB201FN - driving without a license is a class B misdemeanor. But to some a driver’s license is an expense that they cannot bear. This bill reduces the penalty to a violation for a first offense. There are undocumented citizens who are waiting for their paperwork who can be seriously set back with a class B misdemeanor but need to drive to go to work. The bill came to the House without recommendation but the House passed this on a division vote of 190/165. I voted yes.
The bill was referred to Finance
HB581FN repealing the controlled drug substance act and establishing a committee to study the policy and statutory changed necessary to implement the appeal. The committee recommended ITL and I agree that this is not the time to repeal any controlled drug substance laws. The House supported ITL with a roll call vote of 286 to 70. I voted yes to ITL.
HB643 FN another bill legalizing marijuana for anyone 21 or over and puts the liquor commission in charge of selling it. It passed on a voice. I voted no.
EDUCATION
HB35 requires that the National Eating Disorder Hotline is printed on student ID cards for grades 6 – 12. The committee recommendation was 14-6 for OTP – the roll call vote of 238 to 105 confirmed this. I was not present for the vote, but would have supported the OTP motion.
HB45 establishes a committee to study student loan forgiveness in NH and how to ensure equality and economic justice in its application. Roll call vote supported ITL 312 yes to 45 no. I voted yes to ITL.
HB131 requires school districts to report in-classroom observer policies and in-classroom audio/video streaming and recording policies to the Department of Education. The committee recommended ITL by 15-5 – the House supported ITL in a voice vote and I voted yes in support. I believe that these are school board decisions.
HB540FN provides categories of special education services to the calculation of differentiated aid in adequate education grants amounts. The committee recommended OTP with a unanimous vote of 20-0. The House passed the bill with a voice vote – I voted yes for OTP.
HB601FN provides support for hungry students through the enrollment of Medicaid Direct Certification (MDC) that provides school meals for those children already receiving Medicaid. With this program, parents with children on Medicaid would not need to submit a separate application to receive this benefit. The greater the participation in the program, the greater the federal meals funding is available. Older students typically do not complete the forms and drop out of the program.
There was a motion to table that failed and the bill passed as amended on a 205/151 in a division vote.
ELECTION LAW
HB196 came to the House without recommendation from the committee. The intent of the bill is to create a bipartisan committee to review NH’s campaign finance laws with the aim to promote integrity in the campaign finance system. This bill is the result of the Special Committee on Voter Confidence and supported by the Secretary of State. I am not sure this is needed and a motion was made to table the bill. I voted to table and the motion passed the House 339 to 7.
ENVIRONMENT AND AGRICULTURE
HB252 exempts agriculture operations from certain municipal noise ordinances. The definition of agriculture is very broad and the way the bill was written it would erode local input on this issue. The seacoast is a busy farming and fishing community and I do not want state laws to affect our small business in regard to noise ordinances. I voted no to OTP and the House passed the bill 266 yes to 84 no.
EXECUTIVE DEPARTMENT AND ADMINISTRATION
HB180 renames Columbus Day and Indigenous People’s Day. In committee we amended the bill to change Columbus Day to Italian Heritage Day. This is a very controversial issue and I made a floor motion to table the bill. A voice vote supported the table.
HEALTH, HUMAN SERVICES AND ELDERLY AFFAIRS
HB338 FN reduces the cost of insulin but provides no funding and uses a program that has not been set up in NH. It is questionable that this bill will work and therefore the committee recommended ITL. I supported the committee recommendation for ITL and the House did as well with a roll call vote of 238 to 61.
JUDICIARY
CACR6 expands the mandatory judicial retirement age from 70 to 75. The argument is that the age was set in 1784 when the life expectancy was 38 and now people live longer. This is a double edge sword because we might not want some judges to retire later but the committee valued this bill and recommended OTP with a vote of 18-2. A CACR needs 3/5 to pass and the House passed the bill by a roll call vote of 321 yes to 27 no. I voted yes, the CACR passed the House.
HB63 removes religious institutions from zoning laws as religious organizations engage in numerous charitable activities including housing for homeless people. The committee recommendation was ITL by a vote of 12-8. This is a difficult decision for me as I do believe that charity should not be burdened with additional legislation. However, I was not sure how this would be addressed and the religious organization definition was not defined. I voted yes to ITL and the House supported ITL with a division vote of 189 to 158.
HB240 is another bill that came to the House without recommendation. The bill codifies that the NH Constitutional Right to Privacy protects the right of interracial marriage in NH. The bill says that the state must recognize marriage between two people of different races. A division vote supported OTP on the bill – 218 to 132. I voted yes.
HB254 related to public participation under the right to know law. Currently remote participation is allowed is a quorum is present at a physical location. This bill enables this practice to continue but reduces the physical presence to 1/3 of the quorum under specific circumstances. I am uncomfortable with changing the existing law and did not support this bill. Neither did the committee because it sent this bill to the House with a recommendation of ITL with a vote of 13-7. I voted yes to ITL and a voice vote confirmed this.
HB256 was filed because a member of a political party was denied access to a public space for a political event. The bill prevents municipalities from discrimination based on their speech or purpose in the use of public space. The concept is fair and sensible but the committee was not sure that this is the best way to address this issue. In these situations, my responsibility are Rye and Greenland and I believe these towns are addressing this well. The committee recommendation was ITL and the House (and me) voted yes to ITL on a voice vote.
HB308 is another bill addressing quorum for public meetings. This bill allows all public boards to hold virtual meetings but does not mandate virtual meetings. A quorum of 1/3 of the membership needs to be physically present. An amendment prevents legislative bodies such as the general court, municipal governing bodies, the governor and the council from meeting in this manner. This bill is helpful for licensing boards whose members are dispersed throughout the state and must take time from their business to attend board meetings. The recommendation from the committee is OTPA (ought to pass with amendment) and the House division vote supported this 222 to 127. I voted yes. This will not affect any current town boards as they are governing boards.
MUNICIPAL AND COUNTY GOVERNMENT
HB44 allows homes that are on town sewer and water to convert single family homes to multi family as long as zoning board ordinances were met. A similar bill was heard last year and I discussed the bill with planning board members. We agreed that it would be difficult to apply this to Rye since most of our town is not on sewer/water. I voted yes to table the bill on a division vote of 169/181 that failed. I voted yes on OTPA on a division vote that failed 117 to 332. I voted no on ITL that passed 209 to 141.
HB123 prevents selectboard members and school board members to have a vote on budget committees or have their presence go towards the quorum. Although I can see the point of the bill in some cases, I do not support that these individuals to not have presence or a voice. The OTP motion failed 168/176 (I voted no) A voice vote tabled the bill (I voted no)
HB226 enables municipalities to regulate point of sale distribution of single use plastics. Addressing the growing amount of plastics in our waste is important but it is unclear as to what is meant by single use plastics and for this reason the committee recommendation was ITL 16-4. I voted against the ITL because this is an important issue to address but the House supported the ITL in a roll call vote of 257 to 90.
HB312 is a bill filed by Dennis Malloy and co-sponsored by me. It limits warrant articles for special meeting from 50 signatures to 10% of the town population. Last year, a warrant article resulted in a special meeting in Greenland to ban voting machines. This was an expensive meeting for Greenland with an overwhelming vote against the ban. The town of Greenland requested this bill. It was supported by many state reps but during the committee hearings, there were recommendations that would improve the bill. Dennis Malloy requested that the House table the bill and a division vote supported the table motion 316 to 30. Another version of this bill will be filed next fall. I supported the table motion.
HB357 increases service time for Belknap county officers from 2 to 4 years and aligns Belknap with Rockingham that did the same thing in 2022. A request was made to table and the House supported this 177/162 – I supported the table motion because these motions are sometimes made for a reason unknown.
HB403 removes the authority of selectboard members or assessors to abate taxes should problems be identified for “good causes” and replaces the language with “administrative or clerical errors”. “Good causes” is a legal term used in many NH statutes and the scope of this authority should not be limited. The committee recommendation is ITL and I supported that. The House supported ITL in a division vote of 200 to 144. I voted yes to ITL.
PUBLIC WORKS AND HIGHWAYS
HB20 names a bridge in the town of Merrimack for the Honorable Richard Hinch, a former speaker who passed from COVID in 2020. The bill passed on a unanimous voice vote.
RESOURCES RECREATION AND DEVELOPMENT
HB310 requires developers to secure hydrology analysis certifying water capacity and potability when building new subdivisions. Because these analyses are costly and take a long time to attain, the committee recommended ITL 16-4. As you can see, towns take development seriously as does Rye/Greenland but this type of mandate is not popular. A voice vote supported ITL. I voted yes and refer to our local ordinances and land use regulations.
STATE FEDERAL RELATIONS AND VETERANS AFFAIRS
HRC 1 applies for a convention of state's under Article V of the US Constitution. I always no to this because it is unwise to unzip the US Constitution despite the claims that it will address only selected items. The House vote was 156 to 192 for OTP – I voted no. A motion was made to table and that failed 163/184 I voted no. A motion of ITL passed 198 to 150, I voted yes.
HR8 urges Congress to enact legislation regarding regulating and banning automatic weapons. The motion was ITL in a roll call vote that passed 181/162 – I voted no.
Note that House Resolution have no teeth and are representation of a NH House position.
HR9 calls for the federal government to enact an American Marshall Plan to rebuild economically impoverished communities. The House voted ITL on a division vote of 176 to 166. I voted yes to ITL
HR10 supports statehouse for DC. House voted ITL in a division vote of 179/168. I voted yes to ITL.
HR15 affirms support against the establishment of a state religion. A voice vote supported ITL. I voted yes for ITL
TRANSPORTATION
HB111 establishes a committee to study electrical charging vehicles for residential renters. ITL motion failed 172/174; OTP passed 175/172; I voted yes to OTP.
Activity for House Session Tuesday February 14
Many of the bills in this session were “second committee bills” and were referred to the second committee, many of these bills went to Finance.
Finance
SB-1 – this is a Senate Finance bill that pertains to the closing of the Sununu youth services center as well as establishing a study commission to study the security of the center and surrounding communities. You may be familiar with the abuse that was discovered at this state facility. This bill provided $1.5m to keep the center opened until the end of the year and $400k for a site evaluation of the replacement facility so that children can be safely and legally housed there.
Voice vote was a unanimous yes
Here is an informational article on the abuse at the Sununu Center
https://www.nhbr.com/an-opportunity-to-do-the-right-thing/
Health, Human Services and Elderly Affairs
HB91 creates a Data Privacy and Information Technology Security Governance Board charged with security issues and practices in Department of Health and Human Services.
Voice vote was unanimous Ought to Pass
Referred to Finance
Judiciary
HB347 creates a special docket in the superior court for land use cases and assigns a specific judge to handle the docket with the expectation that a judge with specific expertise will be assigned. Adds a judge to the court therefore needs approval of Finance.
Voice vote was in favor of Ought to Pass – I voted yes
Referred to Finance
Public Works and Highways
HB62 would reduce the gas tax from 22.2 to 18 cents per gallon. This tax was last increased in 2014 with bipartisan support.
Recommendation was Inexpedient to Legislate.
Motion was made to table – voice vote in support. I voted no. This jeopardized funding of our roads and bridges as well as future block grants.
Bill is Laid on the Table.
Science Technology and Energy
HB234 – would prevent sweeping of energy credits by providers undermining the Renewal Energy Credit.
The bill went to the House floor without recommendation as it left the committee 10-10.
The Ought to Pass Vote resulted in a tie – roll call.
A motion was made to Table which passed by voice vote
Bill Laid on the Table
HB246 – would eliminate the renewable energy fund and require that these moneys be given to rate payers. This would result in $6.25 per ratepayer per year. The renewal energy fund last in the last four years has generated $170m in economic activity across NH providing jobs and renewal projects. This bill also left the committee without recommendation.
First motion was OTPA (with amendment) – this failed 179-186 – I voted no
Motion was made to lay on the table – voice vote unanimous
Bill is laid on the Table
HB418 – eliminates the rebates distributed by the energy efficiency fund.
Motion.
Bill Laid on the Table by voice vote. I voted yes
HB576 – establishes an energy conservation program and appropriate fund to help historic properties with renewable and energy-efficient programs. Committee recommended Ought to Pass with Amendment.
OTPA passed with a voice vote
Referred to Finance
HB630 – establishes a revolving clean energy accelerator fund in the Department of Energy. This revolving fund uses no state funds but is a place for private funds and federal funds that we are already receiving ($60m per yr.).
OTPA – failed in a tie 185-185 – division vote (I voted yes)
Tabling motion failed 184-186 (I voted yes)
ITL passed 187-182 (I voted no)
Transportation
HB260 would prevent drivers from having animals in their lap while operating a motor vehicle.
Recommendation from the committee was ITL.
ITL passed by division vote 194-174 (I voted no) I think this is an unsafe practice and should not be allowed.
HB374 – allows for driver testing and licensing of undocumented persons such as homeless people among the 14k people in NH. This is not a driving license but a driving permit. There are currently 29k non-citizens who as living in NH who hold such licenses.
The voice vote was inexpedient to legislate and it passed – I voted no to ITL
HB388 – allows for rear plates only and this is a problem for police.
ITL recommended by the committee.
ITL 191-181 – I voted yes
HB597 this allows people to opt in to a program that collects race and ethnicity data on driver’s licenses. This bill was supported by the police, ACLU, NAACP and NH Department of Justice.
Division vote for OTP failed 172-200 I voted yes
ITL voice vote – I voted no
Children and Family Law
HB 34-FN raises the marriage age in NH from 16 (with parental consent) to 18. Surprising that there is opposition to this but I hope we can all agree that 16 is too early for marriage. The committee report was Inexpedient to legislate – I voted no in a division vote that supported the committee report of ITL – 188 yes/184 no
Criminal Justice and Public Safety
HB560 establishes a contact person notification program to assist the state police who have contact with mental or physical disabilities by letting them know in advance that they will be dealing with such a person before the arrive at a call. This passed on a voice vote (I voted yes) and the bill was referred to Finance due to the cost of setting up the notification program.
Education
HB309-FN requires civil rights education in public elementary and secondary public schools. I am unwilling to dictate to teachers and school boards any curriculum legislation. The committee report was 12-8 for Inexpedient to Legislate and I voted in favor of this. The motion was to lay the bill on the table but the vote did not support the motion. The ITL count on a division vote was 253 yes/118 no.
HB419-FN requires community colleges to submit a report regarding math learning community programs and makes appropriations to support that program. The committee recommendation was OTP by a vote of 20-0. And this passed the House on a voice vote (I voted yes). The bill was referred to Finance
HB420-FN amends the purpose and course eligibility for the dual and concurrent enrollment program within the regional career and technical education program. The committee recommendation was 19-1 for OTP. The House passed this on a voice vote (I voted yes) and the bill was referred to Finance.
HB 429 requires breakfast and lunch offering in all public and charter schools. This bill would require schools to participate in the National School Breakfast Program (SBP). An amendment eliminated charter schools and allowed waivers for some schools. Hungry children do not learn and not all children have their basic nutrition needs met. The amendment was passed by a voice vote (I voted yes) and a motion was made to table – that passed 190-173 – I voted no.
HB430 limits applications for school vouchers to students who are currently in public schools for one year. According to the NH Dept of Education of the 3200 students currently enrolled in the voucher program, 100 made the decision to leave public schools due to the availability of the voucher funding while 3100 never attended public schools and were already enrolled in private or religious schools. The vote on this was very interesting. The first motion was for OTP but that motion lost in a tie of 185-185 (I voted yes). Then a motion was made to table that passed on a roll call vote of 186-183 (I voted yes).
Later that afternoon these were the motions:
Remove from Table Division vote V 177-169 I voted yes
Reconsider ITL Roll Call vote 170-175 I voted no
Reconsider OTP Division Vote 176-169 I voted yes
Indefinitely Postpone Division Vote 169-176 I voted no
Ought to Pass Division Vote 176-169 I voted yes
The bill was sent to Finance
HB487 establishes a farm to school reimbursement program and allows schools to purchase locally grown foods ($1,200 reimbursement). Win win for the children who learn about the source of locally grown food and new markets for providers. The bill did not pass the house on a division vote 181 yes/ 187 no – I voted yes. The bill was then tabled on a division vote 197/172 – I voted yes
HB542 establishes an academic research and improvement data analyst – this would be a classified position in the Dept of Education. This professional analyst shall collect and analyze assessment data to: measure student progress, evaluate program and instructional effectiveness, guide curriculum development and resource allocation, and promote accountability. This bill passed the House on a voice vote of OTP – I voted yes
HB626 would require the Dept of Education administer the voucher program. Currently, a private contractor is administering the program at the cost of 10% which equates to $2.3 million per year. Moving the program to the Dept of Education is more financially responsible and provides transparency, accountability and oversight. The first motion was OTP and I voted yes. The roll call vote was 183 yes/180 no. The bill passed and was referred to Finance.
HB638-FN imposes new requirements on the implementation of accountability place for extraordinary need grants to schools. The committee report was OTP and this passed on a voice vote – I voted no as I do not believe we need to raise the bar for school grant applications.
ELECTION LAW
HB324 is a type of campaign finance reform and initiates a plan that would give every NH voter four $25.00 certificates to be used for executive council and gubernatorial candidates. The first motion of OTP failed at 163 yes/200 no – I voted yes because I support campaign finance reform. The second motion of ITL passed on a division vote of 201/163 – I voted no
HB 502 repeals the affidavit ballots that were established last year. I do not support affidavit ballots as they are marked and can be traced to the voter – therefore, not secret. OTP motion failed 179/182 – I voted yes on a division vote. ITL passed 182/181 – I voted no on a division vote.
HB508 requires the state to pay for the postage of absentee ballots. The committee report was 11-9 in favor of ITL – the minority believes postage is a poll tax and is a potential hurdle for the voter. ITL passed 189 yes/ 172 no. I do not recall how I voted here and did not note it.
ENVIRONMENT AND AGRICULTURE
HB300 – I am a co-sponsor of this bill that prohibits the disposal of certain food wastes if they can be diverted to feed hungry people/animals or turned into compost. OTP motion passed through committee and on the floor of the House – the bill was referred to Finance.
HB462 – this bill provides $2 million to the Solid Waste Management Fund prioritizing the diversion of food waste from landfills. This bill allows DES Solid Waste Division to provide technical resources and grants to municipalities. The bill passed the committee and the House on a floor voice vote – the bill was referred to Finance.
HB 494 redirects the fertilizer fee revenue from the general fund to a dedicated fund in the Dept of Agriculture, Markets and Food. It was been found that the Dept is not meeting its responsibility in testing and regulating fertilizer and lime due to funding. The fund pays for proper execution of oversight and consumer protection related to fertilizers, lime and other soil/plant additives. OTP motion passed on a floor vote (I voted yes) and the bill was referred to Finance.
EXECUTIVE DEPARTMENT AND ADMINISTRATION
HB 341 established licensing for massage establishments. I am the prime sponsor of the bill and this is the second time I have filed this bill. The is a difference of opinion in the use on licensing for this industry. My position is that licensing the establishment allows for inspections on the facilities were there are 3 or more therapists to ensure cleanliness and public safety. The opponents say that licensing is not to be used to enforce laws that involve human trafficking. The bill was killed on the floor by a vote of 184/171 for ITL.
HB620 establishes a Dept of Early Childhood Education within the Department of Education. This bill was supported by the Department and includes a 3 year pilot program for pre-kindergarten. The motion of OTP passed 184 – 174 on a roll call vote – I voted yes.
The House met on Thursday February 2nd for a short session.
My committee had 7 bills on consent. These are bills that the committee agreed on the recommendation and asked the House to support the recommendation. HB 140 regarding Granny D was pulled from consent – all others were voted as recommended.
The consent calendar and regular calendar are found starting on page 2.
There were 8 bills on the regular calendar – please note that this is an unusually light agenda because bills are still in committee.
EXECUTIVE DEPARTMENT AND ADMINSTRATION – (my committee)
HB33 relative to polycystic ovary syndrome asking for a special data – committee recommendation was Inexpedient to Legislate (ITL) 19-0. Not put on consent as courtesy to sponsor. Voice vote was yes to ITL.
HB94 – establishing October 2023 as eczema awareness month – recommendation was 17-2 for ITL – not put on consent due to the heartfelt testimony of the public. Voice vote was yes to ITL
HB230 – directing the department of agriculture DOA, markets and food to employ an electronic data processing system for all registrations under its purview. This bill updates the DOA from a paper to online process so that employees are relieved of data entry rather than the work of the department. Committee recommendation was Ought to Pass (OTP) 18-0. Bill was not on consent due to fiscal note. Voice vote for OTP – this bill now goes to Finance.
HB455 – This bill allows the Office of Professional Licensure and Certification (OPLC) to have its funds non-lapsing and restricts anything about OPLC costs and salaries to be used to reduce license fees. Committee recommendation was 15-1 for OTP. Voice vote was yes to OTP
MUNICIPAL AND COUNTY GOVERNMENT
HB95 is an attempt to remedy the housing problems in NH with rent control for municipalities. Although there is an issue with housing availability, there are significant issues with this bill. Only 3 members of the 20 committee members voted OTP.
First motion – Table – failed 180Y/186N – I voted no
Second motion ITL – Passed 301Y/63N – I voted yes - ITL passed
HB295 requires all select board and school board meeting to be recorded and broadcast live. Although I support the transparency and participation that this allows, it requires municipalities to spent money they may not have.
Motion was to table – 322Y/45N – I voted yes - With this table motion, we can possibly get an amendment that would improve the bill.
PUBLIC WORKS AND HIGHWAYS
HB412 – establishes a commission to study revenue relative to the road toll for funding improvements to the state highways and bridges. This bill re-establishes the study commission to look at the road toll (AKA gas tax) Committee voted OTP and the House voted yes to this recommendation.
STATE-FEDERAL RELATIONS AND VETERAN AFFAIRS
HB330 FN – this bill raises the enlistment incentive pay from $500 to $1000 to current and former members of the NH National Guard for refer enlistees. Committee was OTP and the House voted yes in a voice vote.
BILLS TAKEN OFF CONSENT
EXECUTIVE DEPARTMENTS AND ADMINISTRATION
HB 140 commemorates January 24th as Granny D day. The committee recommendation was ITL. Floor debate with those who pulled the bill from consent and the ranking member of the committee – House voted yes to ITL on voice vote.
MUNICIPAL AND COUNTY GOVERNMENT
2HB 148 this bill creates minimum value of equipment an material purchases from $5,000 to $10,000 subject to competitive bidding made by the county sheriff, county attorney, county treasurer and county register of deeds. The committee recommended ITL.
House Motion – Table – voice vote Y (voted Y)
HB 422 – creates a county registry of monthly rent charged by landlords for each owned unit. The committee motion was ITL.
Motion was to lay the bill on the table because there is a Housing Committee who is working on this issue. 163Y/200N – I voted no
Motion Indefinitely postpone – 206Y/158N – I voted no
I voted not to table because I would have voted for ITL. However, the next motion was to indefinitely postpone which does not allow discussion for the rest of the 2 year term – I did not want to postpone and voted no.
House session recording – my floor speech is at 48:47
https://www.youtube.com/watch?v=ooiEElUTfzw
Here is a perspective on the NH House session for 2023
https://indepthnh.org/2023/02/04/how-much-legislature-accomplishes-is-up-for-debate/
The House has met twice since the November election.
On December 5th, the elected representatives were sworn in by the Governor. On this day we also elected the Speaker of the House (Sherman Packard), the Secretary of State (David Scanlan), the State Treasure (Monica Mazzapelle), the Clerk of the House (Paul Smith) and the Sergeant at Arms (JB Cullen).
The results of the November election resulted in many recounts. One recount, Rochester Ward 4, resulted in a tie; the House votes on how ties elections are managed. The House has the authority to sit either candidate as the representative eliminating the need for a special election, vote in favor of the special election or even in a previous decision sit both with ½ a vote each. An attempt was made to negate the special election and sit the Republican candidate but these motions were not supported (narrowly) by the House. The special election for Rochester Ward 4 will be held February 21st.
On January 4th, the House met to vote on rules. The rules for this session are similar to previous ones. A new rule allows for executive sessions to be held following a bill hearing if the Chair and the Ranking Member agree. Although this is not standard operating practice, there are times when the bill relates to an agency or brings in parity with other departments and this rule allows for an effective decision by the committee. Attempts to allow proxies or remote meetings failed in regards to House rules.
My voting record so far can be found through this link:
https://www.gencourt.state.nh.us/house/members/member.aspx?pid=9225
Because of the closely divided House, the standing committees are evenly split – 10 each Democrats and Republicans. Therefore, committee members will need to work together to come to a compromise if a bill is to come to the House floor with a recommendation. Bills that have equal yea/nay votes come to the House without recommendation leaving the disposition of the bill solely to the House. Committee recommendations are a good guide for considering votes on the House floor.
If you are interested in a particular committee, please use this link and click on the relevant committee:
https://www.gencourt.state.nh.us/house/committees/standingcommittees.aspx
Here is an interesting House overview for 2023:
You might want to check Committee activity against this news story.