We learned that it took from 9am until 7pm, with an hour or so break for lunch, to get through 43 bills on the regular calendar, 2 off the consent calendar, plus 3 that were taken off the table, and 1 more that was reconsidered. It was a long day and I’ll try to review some highlights.
We learned that today was Table Day! Many bills were either put on the Table, attempted to be Tabled, or Taken off the Table today. Tabling was the motion to do if you wanted something dead after today because, after today, you will no longer be able to remove bills from the table with just a simple majority. Tabling a bill today also killed a bill without going through all the speeches and Parliamentary Inquiries (PIs) – so it saved some time.
We learned that the House was in a forgiving mood as we passed HB1366, with a Roll Call vote of 283-80. This bill annuls criminal convictions, which resulted in a misdemeanor, for possession of small amounts of marijuana. Having a misdemeanor removes some economic barriers for these folks who committed crimes of possession, and the House just thinks it’s time we let bygones be bygones, especially since some claim we’re on the cusp of legalization in our state.
We learned that HB1713 and its amendment passed on a voice vote. This bill requires that a defendant who is charged with or awaiting sentence for an offense punishable by life imprisonment or imprisonment of a maximum term of 15 years or more be present at the return of the verdict and at sentencing after trial, subject to excusal for cause. The bill further permits a court to order the use of reasonable force in carrying out a transport order issued pursuant to this section of an incarcerated defendant who refuses to comply with that order. The bill further makes it a class A felony to knowingly violate this provision. This was a bill created by Former House Speaker Steve Shurtleff (D-Penacook) in response to the murder conviction in the Harmony Montgomery case. The bill was accepted by the House as a late bill (submitted after bill submission deadlines) and fast-tracked through the House. If this bill passes the Senate and gets signed by the Governor, Adam Montgomery may have to face the family and loved ones of the daughter he is convicted of murdering at his May 9th sentencing date.
We learned that a bill prohibiting mandatory masking policies in public schools passed 187-184. HB1093 would prohibit public schools from adopting policies that require students or members of the public to wear a mask while on school property. Protective equipment used for sports or for handling chemicals for scientific or educational purposes was excluded. I think they omitted Halloween festivities at schools, but at least this was a good start.
We learned that HB1592 was Tabled 191Y-186N. This bill was another attack on Education Freedom Accounts, and would have prohibited the use of EFA funds for religious school tuition. This would be contrary to multiple U.S. Supreme Court rulings dating back several decades. These include Zelman v. Simmons-Harris (2002), Trinity Lutheran v. Comer (2017), Espinoza v. Montana Dept of Revenue (2020), and Carson v. Makin (2022). The opinion in the Carson case sums up these cases: “A neutral benefit program in which public funds flow to religious organizations through the independent choices of private benefit recipients does not offend the Establishment Clause.” Week after week, we see these continued attacks on our successful EFA school choice program…. Because afterall, House Democrats will tell you,“it’s for the kids”.
We learned that parental consent won today. HB1616 passed 190Y-187N. With regard to Medicaid reimbursement for medical and health related services provided to students with disabilities, this bill affirms that written parental consent should be obtained for each new service provided to the child and billed to Medicaid. Proponents believe that an initial consent should not be an open door for all services and billing for the child. Parents have a right to know what is being billed. Democrats wanted to Interim Study this bill, essentially killing it and allowing the continued practice of “blank check” billing and non transparency. I think parents should know if their kids are actually receiving the services that are being billed by providers.
We learned that HB1145 passed 208Y-162N. The House was talkin’ trash as they debated banning the private ownership of landfills. An initial motion to Table failed 180Y (R:178 D:2) to 193N (R:11 D:182). The premise of this bill is to ban private ownership of landfills in New Hampshire in order to get around the US Commerce Clause and allow us to limit – or even eliminate – the importation of out of state trash. It grandfathers in existing landfills, so there will be no impact to what we already do at those facilities anyway. Four of the six landfills in the state are publicly owned. Almost 50% of those facilities’ landfilled trash is from out of state. We only have one new landfill permit currently being considered at the State Department of Environmental Services, and it appears this bill just seeks to shut that down. It’s the one being considered in Dalton. It’s not even clear what would happen to that permitting process if this bill gets signed into law. Proponents claim it’s a better idea for all landfills to be owned by the state, or its political subdivisions, and operated by a contractor. Opponents just don’t like the fascist idea of banning private ownership of anything.
We learned that HB1222 passed with an amendment and a voice vote. Currently, Physician Assistants (PAs) may only practice if they have a signed collaboration agreement with a physician, and basically, this bill eliminates that requirement. These collaboration agreements can be costly; up to $1000/month and in many, cases the physician who signed a collaboration agreement had no relationship with the PA other than requiring the PA to pay for the signature. This bill will make it easier for PAs to practice in NH would help alleviate the shortage of medical personnel, and increase access to medical care. This bill will make it less expensive and easier for them to say, “Take two aspirins and call me in the morning.” Just kidding… they do more than that!
We learned that HB1323 passed on a voice vote. This will allow an appropriation to be made to print 5,000 copies of the NH State Constitution for the fourth graders who tour the State House. I’d say civics education is a worthwhile use of tax dollars. As they say, “It’s for the children”!
We also learned that parts of HB1607 passed. This was the “Safe Haven” bill. Current law allows a parent to surrender an infant within seven days of birth directly to a person at a hospital, church, police or fire station, or to an EMT at an agreed location. That is considered a “warm handoff.” This bill, in its entirety, would expand the time for surrender to 61 days and would allow the parent increased anonymity, as the child could be placed in a safe haven baby box at a hospital, fire station, or police station, which is attended 24 hours a day. As drafted, the bill also provided for the exclusion of all evidence of abuse or neglect gathered as a result of the parent surrendering a child in this manner from being used as evidence in a criminal or civil trial. The exclusionary piece was stripped out on a motion to divide the bill into two questions. Sections 1-4 and 6 of the bill passed 372Y-1N and section 5 of the bill, regarding the exclusion of evidence, failed 185Y-188N. House members did not want someone who abused a child after 61 days to get off “scott free” after surrendering a child to the safe haven box. House members who wanted the exclusionary portion to remain in the bill, claimed that saving a babies life should take precedence over prosecuting a parent. We have now left this bill in a box for the Senate to deal with.
We learned that HB1121 passed on a voice vote. This common sense bill allows a wetlands permit exemption for a property owner who wishes to clear storm debris from a stream on their property, especially if the debris is causing a blockage in the stream causing the stream to divert course which threatens property. Recent flooding in my town prompted me to author this bill. I’d be pleased if you called your senator and asked for him/her to support it.
We learned that both wake boating bills were tabled. HB1301 sought to establish a petition process before the NH Department of Safety where 25 people can request a hearing to ban wake surfing on a specific body of water. That was Tabled 196Y-172N. HB1390 was Tabled 190Y-178. That bill added definitions, made various prohibitions and restrictions to wakesports. The changes sought to lessen the impact of the energy distributed by these waves to shoreline, loon nesting spots, and unintentionally to people who are recreating in smaller craft and to protect the water quality of the lake. Opponents of both bills claim that they were too restrictive, would have hurt tourism and most importantly that public waters belong to everyone to enjoy. They were not convinced that wakesports are a cause of water quality damage but that excessive rain and other factors contribute more to shoreline erosion and cyanobacteria blooms. I would imagine these bills will probably come back to the legislature again, like large ripples in the pond.
We learned that both bills designed to increase housing passed. HB1291: increasing the number of Accessory Dwelling Units allowed on a property passed 220Y-143N after a Tabling motion failed 87Y-277N. HB1399 also passed 220Y-140N. That bill allows single family homes to be divided into a duplex. Opponents of both bills said this was a top down, one size fits all zoning change mandated by the state. They felt local control should prevail in these matters. They’re not wrong either.
We learned that HB1683, relative to coverage of circumcision under the state Medicaid plan, was tabled last week 188Y-187N. Today it was taken off the Table 189Y-188N followed by a motion to ITL which failed 185Y-188N. Then a Motion to Reconsider the OTP/A motion passed 188Y-186N followed by the final OTP/A Motion that failed 184Y-191N. After that, it was put back on the Table with a Voice Vote. So you can see how that whole exercise was a total waste of time.
We also learned that HB1353, the bill that would give the Commissioner of the Dept. of Education subpoena power (Tabled last week 293-58), was also attempted to be taken off the Table. The motion to remove from the Table failed 183Y-194N.
We further learned that when Republican attendance dropped to 178 and Democrats were 182, (around 6:05 PM), Rep. David Luneau (D-Hopkinton) seized the opportunity to remove HB546 off the Table. That bill was Tabled back in January (01/03/24) with a vote of 190-187. This bill was relative to the School building aid funding program and requires a minimum of $50,000,000 per fiscal year to be transferred to the school building aid fund, in addition to any debt service payments, for school building aid grants. The Remove From Table motion passed 182Y-179N and an OTP motion then passed 182Y-178N. The breakdown of roll-called votes went like this: Yeas 182(R:1 D:181) Nays (R:177 D:1). It’ll be interesting to see what the Senate Finance Committee does with it.
We learned that HB1711 was pulled off the consent calendar. HB1711 authorizes the state to report mental health data for firearms background check purposes and providing for processes for confiscation of firearms following certain mental health-related court proceedings and for relief from mental health-related firearms disabilities. All the gun groups were against this bill. At first, a Table motion failed 150Y-205N. Then, the committee amendment (0431h) passed on a voice vote, and two other floor amendments failed. Ultimately, the bill passed with the committee amendment, 204Y-149N on a roll call vote. The vote breakdown was Yeas 204 (R:25 D:179) Nays (R:147 D:2). Proponents said that this language was adopted by language from the NRA and was vetted with our NH Attorney General and NAMI and that it works well without any problems in other states to keep guns out of the hands of people with mental illness. Opponents felt there were too many issues with a “red flag” bill like this and that psych doctors could declare anyone “unfit” and strip them of 2A rights.
We finally learned that at 7 PM, HB1283—the assisted suicide bill—was reconsidered after it passed last week OTP/A 179-176. The reconsideration motion failed 147Y-210N. I think at this point, people just wanted to go home. This bill will now go to the Senate, and we’ll see if they will assist in its demise.
Next week, we get a break, but we’ll be back with more bills and motions on April 11—which will also be Tartan Day! We’re headed to Crossover Day, and we’ll start seeing Senate bills hit the House floor.
