This week, I started by presenting a number of House bills to the Senate ED&A committee. They had scheduled 16 bills this morning, one every ten minutes… And they actually did that for the first two hours!
HB 192, recommendations of the joint committee on employee classification, had no opposition and very few questions from the committee; they immediately voted to pass it. HB 271, license requirements for social work associates, had the social worker professional society testify in favor, and they explained that these associates were not on a career path towards being a social worker. This bill was also recommended to pass.
HB 214, my bill on cleaning up the regulation of recreational therapists and respiratory care practitioners, had the OPLC testifying in favor and no opposition, so it was also recommended to pass. HB 227, repealing an exemption to licensure for municipal or school employees performing psychotherapy, took a little longer as the sponsor had to explain that there were two roads to licensure – as a psychologist or a school psychologist, as well as various mental health professionals. This bill didn’t specify what license anyone should have, only that school or town employees needed some license to perform therapy. With all the questions, they didn’t vote a recommendation.
HB 507, setting a timeline for insurance companies to credential mental health providers, hadn’t gone to my committee, but the sponsors ably answered questions and the bill was recommended to pass. HB 509, expanding the information in the Attorney General’s report on asset forfeiture, seemed to be straightforward, including details that the AG’s office should have. A representative of the AG raised issues with the details, and a lawyer from the Institute for Justice (a public interest law firm that takes on cases in asset forfeiture, among other issues) explained that these details should be available. The Senators had questions and took no action on the bill.
My HB 82, statutory cleanup for a number of licensing statutes that had been omitted from the bills we dealt with last year, was supported by the OPLC. I supported a requested amendment by the electricians’ board, and explained a few details. HB 156, a study committee on food production and procurement, had been changed by my committee to replace an existing, moribund advisory committee on state procurement. The sponsors didn’t mind, and I reiterated our support for repealing unnecessary or inactive committees. Then a representative from HHS explained that the advisory committee was still needed on an intermittent basis, which was why it hadn’t met in several years. The Senators asked for more information and will vote on the bill later.
HB 210, a commission on the state flag and its possible replacement, was presented by the sponsors with all the enthusiasm (and props!) that they’d brought to my committee. Their only concern was that it might need more time to finish its work. The Senators had questions, and at least one thought that this did not need to be a government process – there are lots of private organizations that might be interested in getting public input towards a new flag.
HB 118, repealing a long list of committees and commissions, was opposed by the sponsors: it was originally a bill about rest breaks for legislators! A representative from the committee that worked on the bill explained how they’d chosen the commissions to repeal, and that none had objected.
HB 267, animal chiropractors, was presented by the sponsor, who also explained the changes made to address some last minute concerns. After a few questions, the Senators voted to approve the bill.
To finish the morning, I presented HB 777, a bill to codify the law enforcement accreditation commission, which had been created by an executive order. Since I’d never seen the bill before, it was a good thing the director of the police standards & training council was there to explain the bill! The committee voted to pass it.
My committee met in the afternoon, with our first four Senate bills. SB 74 requires reports from all agencies administering permits to include data on timelines. The sponsor thought this was something the agencies should be tracking already; none came to inform us of any problems with the data, except that they put in a hefty fiscal note to comply. We also heard from a lawyer who works on developments, among other things, and he reported that we have statutory timelines for permits – but we don’t know if they’re appropriate! The Business & Industry Association sent a lobbyist, who pointed out that the laws on a number of permits allow time extensions, with the consent of the permitee – but nobody is going to deny a request of the agency that has the power to deny a permit necessary for your business. After some discussion, we agreed this data was necessary and should be available; we voted to pass it and let Finance consider the details of the cost.
SB 196 exempted the department of veterans’ affairs from competitive bidding on projects under $1 million – up from $500,000. The deputy adjutant general came to explain that these were minor maintenance contracts (new roofs, boilers, etc) that had grown in cost since this limit was last adjusted, and their plan was to do most of the work in house. They claim to have enough personnel with the right skills to complete these projects within their existing budget; they currently do the smaller projects of a similar nature. The sponsor presented an amendment that had been prepared but overlooked in the Senate to delete a contingency clause; with all in agreement that the contingency was not necessary, we passed the bill with the same amendment.
SB 193, requiring the head of each agency to submit a strategic plan for program activities, was intended to have a commission of business leaders examine the state’s many programs and confirm their effectiveness. A great idea! Several agencies came to complain, and we realized that “program” was poorly defined. After some discussion, we voted to retain the bill and work on sharpening its focus. We hear about problems with multiple programs, and getting outside advice and analysis seems right to me.
SB 201, on classified and unclassified positions, sets up a new type of state employee position, classified exempt. This is an exempt position (not hourly, and supervisory, or higher level individual contributors such as lawyers) that still fits into the basic structure of classified positions. For now, the changeover will be voluntary on the part of both management and the employee, and there will be no effect on budgets. After some explanations and discussion, we agreed to give it a try and passed the bill unanimously.
Thursday, the House met in session. We started with memorial remarks for the Dean of the House, who had served 44 years!
We approved the consent calendar, eleven non-controversial bills, with a voice vote. HB 25, the capital budget, was up next. This borrows over $130 million, within the Treasurer’s recommendation, to make statewide capital investments. The committee amendment passed without comment, then we had a floor amendment to remove $825,000 for maintenance of state-owned railroads, which are primarily used by freight lines. This was seen as a subsidy by one committee member, who argued that the profitable railroads could do their own maintenance; the rest of the committee pointed out that these were our tracks, and keeping them up prevented hundreds of heavy trucks wearing out our roads (the rails mostly carry sand, gravel, and fuels – heavy bulk commodities.) The amendment failed, 136-232; I voted for it in solidarity with the sponsor.
HB 302, allowing the state treasurer invest in precious metals and digital assets (like bitcoin) actually limits such investments – the treasurer can already make such investments if they fit the risk tolerances and other objectives of the funds. The debate was on the necessity for the bill, but it passed, 192-179.
HB 696 moves electricity generators from the utility property tax to the SWEPT and local taxes, since they are not utilities. The bill was not tabled, 27-342, then passed on a voice vote.
I spoke against HB 493, requiring education on child abuse for doctors and nurse practitioners, with the issues being the importance of such education (them) versus the (non) necessity of mandating it (me.) It was killed, 193-177.
HB 66, revisions to the right to know law, was not tabled, 179-191, amended by the committee on a voice vote, debated, and passed, 207-164. The issue was the difference between a “citizen” and a “person”, as some members were very concerned about the burden on municipalities.
HB 71, forbidding the use of public schools for shelters for illegal aliens, was first amended to require all HHS contracts demand that healthcare providers comply with the patients’ bill of rights, then debated on the legalities. Opponents claimed it would prevent us from using schools as shelters in an emergency, while the supporters insisted it would only ban specific shelters for aliens. It passed, 209-162.
HB 115, eligibility for education freedom accounts, was amended to revise the income limit for the first year from 350% of federal poverty to 400%, then eliminate the income limit entirely in the second year. It was then debated at some length, with the opponents talking “vouchers” and insisting it was a way for the rich to subsidize their religious school tuition, and supporters pointing out that there is no income restriction on public schools, so there should be none for any education program. It passed, 188-181, with 16 Republicans joining all Democrats in opposition. (well, 15 – one person inadvertently pressed the wrong button!)
HB 282, increasing maximum total benefits for first responders injured in the line of duty, passed, 296-76, without debate. I voted against because it doesn’t change the limit for an individual ($125,000), just the total that could be spent in a single year (from $500,000 to $1,000,000). I have faith that should a horrific incident result in the critical injury of more than 4 first responders, the state would step up regardless of the statutory limit.
HB 506, on background checks when returning firearms after a prohibition is lifted, passed without comment. HB 511, on cooperation with federal immigration authorities, had an amendment to allow counties with agreements with federal officers to keep aliens in their jails, at the request of federal agents, for an additional 48 hours. This was a request of the counties; those with such agreements are glad to have prisoners, while those without don’t want the expense. The amendment was debated on whether it was appropriate to hold people who have not been convicted for that much longer; it failed, 36 -337. After some more debate, the bill passed, 211-161.
HB 612, allowing a temporary license for people about to turn 21, passed without comment. HB 639, on disputes over blockchain or digital currencies, passed 205-169 after minimal comments.
HB 713, requiring mile markers along the Kancamagus Highway, was amended to give the department of transportation more flexibility in timing and placement, then passed on a voice vote. HB 723, repealing the multi-use energy platform, passed 209-165, with only comments.
Now to the budget… HB 1, which is the actual money, was debated at length on the committee amendment, which increased fee income, abolished over 200 positions, increased education spending for special education and property poor towns, consolidated several quasi-judicial agencies, and reflected increased revenue from gaming. The amendment passed, 197-178, and the budget passed, 192-183.
HB 2, the details of law changes to make the budget work, was debated for over three hours, including 23 roll call votes. As expected, nearly all the votes were partisan, with a few exceptions. After all, the majority needs to pass a budget, while the minority needs to grandstand about the problems with the budget. And this one was attacked both from those who thought it didn’t spend enough, and some who thought it spent too much!
First, the committee amendment was debated and passed, 200-175.
Then we considered four floor amendments, each of which contained a number of bills already passed by the House that were supported by many Republicans but opposed by most Democrats. The first had HB 148 and HB 548, permitting classification by biological sex and allowing healthcare facilities to treat members only; it passed after some debate, 203-169. Then a handful of election integrity bills, passing on a voice vote. Next, HB 230, on local health ordinances, and HB 357, on immunization requirements; this had a brief debate before passing 195-175. Finally, HB 243, penalties for false reports of child abuse, HB 207, allowing sale of blackjacks and suchlike, and HB 381, exempting intrastate firearms from federal regulations. This was debated and passed, 203-167.
The next floor amendment sought to require all contracts involving children and families comply with the federal programs that fund them; it was more heatedly debated and failed, 104-268.
Then a complete replacement amendment sponsored by the Democrats from Finance; it achieved a balanced budget while providing more for education and some other social services by limiting the amount spent on Education Freedom Accounts. It failed, 166-204, on a purely partisan basis.
The next amendment tried to modify the school spending limit by allowing for continual inflation adjustments; it was debated and failed, 28-341, with both parties signaling to reject it.
Then we debated removing the school spending limit entirely. That passed, 206-165, with several Republicans speaking in favor of eliminating this feature under the guise of local control. This is just about the only thing the legislature can do to lower property taxes – despite what you may have heard, the state has increased its contributions to town and school budgets over the last few cycles, just not as much as the towns, and especially, the schools, increased their spending. And property taxes are the last resort to pay for the spending.
The next floor amendment would send over $3.6 million to Planned Parenthood and other family planning organizations. It failed, 174-196, as did the next one, sending over $2 million to the office of the child advocate, 177-190.
Another floor amendment passed, 198-169, restoring over $15 million to travel and tourism advertising. So did one keeping the board of tax & land appeals, 183-180. This was probably due to the fact that the board of tax & land appeals is much more petitioner friendly than the actual courts, since the filing fee is lower and lawyers are not necessary. (of course, it spends a lot more state money in the process.)
The next amendment would insert the Medicaid direct certification program for free and reduced price meals into the budget. Proponents argued that it would be a pilot program and not affect this budget, saving a massive cost impact for next time. It barely failed, 181-182. Then an amendment would restore funding to the council for the arts, which failed, 177-185.
Next, we debated an amendment to remove the Group III pension plan, defined contribution for new state employees only. It passed, 183-177, with 21 Republicans joining all but 2 Democrats. This was a disappointment for many Republicans (including me!) and a member moved to table HB2. That motion passed, 198-167.
The Speaker then called a caucus, and for the next 45 minutes we tried to work out why the caucus was splintering and how to proceed. We finally agreed that almost no Republicans supported any of the remaining amendments (except the local option for Keno) so we would proceed to kill them as quickly as possible and pass the budget. Some members seemed to forget that this is only step 2 of 5 in passing a state budget, and that any budget always has parts you don’t like and doesn’t have parts you really want. We’ll see what the Senate does, then the committee of conference.
HB 2 was removed from the table, 193-170, at 6:30, and a member moved to limit debate. That passed, 193-170, after we were assured that we’d still vote on all the remaining amendments. The arguments were starting to get repetitive anyway…
The next amendment deleted changes to the education freedom account program, and added “fiscal disparity aid” for towns with lower property values. It failed, 166-198. The next amendment also deleted EFA account changes, and then sent an additional $32 million to the university system.
Next, an amendment to increase the state’s share of slot machine income from 30% to 35%. I voted for it, to no avail: it failed, 173-191. The governor (and the lottery system director) gave 45% as a fair rate, but Finance had chosen 30% to get more casino investment in the state.
An amendment to remove the clause insisting tenancy terminates at the end of the lease failed, 159-205. One, removing language that repeals local opt-in for keno, passed, 183-181.
An amendment to require HHS contractors comply with the civil rights act (which current law already requires) failed, 116-248. An amendment to delete changes to the opioid abatement fund failed, 169-195. Another cut to the EFA program, also deleting increased fees in environmental services, failed, 165-198. Finally, an amendment to fund the Human Rights Commission by an additional $3.5 million failed, 161-203.
HB 2 finally passed, 185-175, at 7:10 pm.
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