What Just Happened? May 2, 2024 NH House Session Wrap-Up
Rep. Cassandra Levesque’s multi-year, multi-term battle to raise New Hampshire’s marriage age to 18 finally reached the finish line as SB 359 passed in the House after passing in the Senate. The bill now goes to the governor’s desk for signature.
Ending child marriage, protecting vulnerable immigrant communities, and defeating an attempt to legalize the outing of LGBTQ kids as a “parental right” were all part of a very good day during Thursday’s session of the N.H. House. But there were some disappointments too. Here’s a quick recap of the (mostly) good, the (frustratingly) bad and the (really, really) ugly.
FIRST THE NUMBERS
With last week’s resignation of Rep. Tina Harley (R-Seabrook), the make-up of the New Hampshire House of Representatives now stands at 200 Republicans, 194 Democrats, 2 Independents (who usually lean Democratic), and 4 vacant seats. At the start of Thursday’s session, 11 Republicans were absent along with 7 Democrats—effectively evenly dividing the legislature and making every rep who showed up a potential swing vote.
So how did it go? Surprising well, actually—except for advocates of building more housing in New Hampshire, who once again ended the day disappointed.
THE GOOD
Ending Child Marriage in NH. After beating back multiple attempts to pass floor amendments to create exceptions that would have watered it down, the House passed SB 359 by a 192-174 vote. The bill raises the age of marriage from 16 to 18 and will now go to Gov. Sununu for his signature. Passage of the bill is a well-deserved victory by Rep. Cassie Levesque, who has worked tirelessly over the last three legislative terms to build support after previous attempts failed. Her fight to raise the marriage age started when she was a Girl Scout and it’s great to see her resolve, persistence, and perseverance finally pay off with a win. Kudos also to Sen. Debra Altschiller who sponsored the bill and shepherded it through the Senate after Rep. Levesque’s own bill was killed in the House by a slim four vote margin in 2023. More.
Forced Outing of LGBTQ Kids Won’t Become a “Parental Right”. SB 341, which would have required teachers to forcibly out LGBTQ+ kids to their parents, was Indefinitely Postponed 185-175. This not only kills the bill; it also ensures that any similar legislation in any form cannot be voted on in the House for the remainder of the session. In testimony, the Office of the Child Advocate stated the bill “threatened the health safety, and intrinsic rights of Granite State LGBTQ+ residents, their families, and our communities at large.” During public hearings, it was opposed by a broad coalition that included ACLU-NH, the National Education Association, Seacoast Outright, and the American Federation of Teachers. More.
GOP Attempt to Ban Sanctuary Policies and Mandate Local Enforcement of Federal Immigration Laws Fails. SB 563 was tabled by 188-177 vote. The bill would have prohibited communities from enacting policies restricting local law enforcement agencies from complying with immigration detainers issued by ICE or restricting the exchange of information between law enforcement and ICE. While all New Hampshire law enforcement agencies currently honor detainers and will contact ICE when the see a detainer has been issued for a person who has been arrested, convicted, or imprisoned for a crime in New Hampshire; the bill would have expanded this beyond people who are in custody to those simply being investigated for any crime that took place in New Hampshire—including, in some cases, victims and witnesses. In addition to creating legal exposure for communities, counties and law enforcement agencies; the bill would have burdened law enforcement agencies with new responsibilities at a time when there are already workforce shortages. In the end it also would have forced people who came to this country to live in hope, to instead live in fear. More.
Rejecting Failed Drug Policies from the 80s. The House voted to kill or shelve three bills that would have imposed mandatory minimum jail sentences on people committing crimes related to fentanyl. While mandatory minimums have intuitive appeal and give the appearance of the legislature “doing something” about our state’s fentanyl crisis, the reality is that over 40 years of experience has shown they have no impact beyond the individual convicted of the offense and do nothing to reduce crime, drug sales, drug arrests, or overdose rates. Put simply, what they “succeed” at by removing judicial discretion and imposing a one-size-fits-all penalty is increasing incarceration costs while significantly lowering the odds the offender will stay crime-free once released.
SB 316 was defeated by voice vote after it failed to pass by a 137-229 margin. It would have added a 5 year mandatory minimum sentence for any person caught transporting fentanyl into the state with the intent to distribute. Judges in New Hampshire already have the ability to impose up to a 30 year sentence for this offense. More.
SB 414 was tabled by a 340-24 vote. This bill would have imposed a ten year mandatory minimum sentence on any person who manufactures, sells, or dispenses a Schedule I or II drug to another person who dies as a result. As it now stands, New Hampshire law already allows judges to impose up to a life sentence for this crime. While supporters claimed the bill targets “big time” drug dealers, bill would likely have the biggest impact on younger drug users, including college students, who often pool their money to purchase drugs on the street. Should one of them overdose, the harsh penalty imposed by this bill is far more likely to convince them to abandon their companion than it is to deter drug use and distribution. More.
SB 415 was sent to Interim Study by voice vote. The bill would have assigned mandatory minimum sentences to fentanyl crimes based on the weight of the drug in possession. More.
Helping NH Prisons Make Better Citizens Instead of Better Criminals. SB 376 passed 192-170. It establishes a planning group charged with broadening educational opportunities in our state correctional facilities. The bill, which is funded by federal money and was supported by the Department of Corrections and the Community College System, comes at a time of workforce shortages in our state with many businesses interested in providing apprenticeships and work experience to incarcerated persons. In a related story, the House passed a separate bill making a capital appropriation of $40 million to design a new maximum security state men’s prison on state-owned land near the current prison. The aging prison was built in 1878 and has deteriorated to a point where simply making repairs is no longer cost-effective. With construction costs currently estimated at at least $584 million—and escalating every year the legislature fails to take action—the 217-144 vote to pass SB 476 gets the ball rolling.
Making Settlement a More Attractive Option for YDC Abuse Victims. Changes to the Youth Detention Center settlement fund that officials believe will make the program more attractive to the victims and increase maximum settlement amounts were passed by voice vote. SB 591 expands the circumstances under which claims may be filed and increases the maximum payout for those who suffered the worst abuse. The bill also adds $60 million to the fund. More.
Taking Action to Preserve the 603 Area Code. While legislators couldn’t agree on passing a bill to preserve a climate and health protection program in the Department of Health and Human Services (SB 496 was killed 186-182), we did agree by a 257-103 vote to allow the Department of Energy and Public Utilities Commission to adopt and promote…ummmm… “603” exchange phone number conservation measures to the maximum extent federal law allows. Businesses that have adopted “the 603” as a brand have expressed concern that adding a new area code would water down their marketing efforts. While SB 603 will only delay the inevitable day when the state runs out of assignable 603 phone numbers, delaying the inevitable is the one true superpower of our legislature.
The State Primary Date Stays Put. SB 380 , which would have moved primary races for state and congressional offices from September to the second Tuesday June, was killed 190-176. While the bill would have created more time for primary election winners to campaign, the downside is it would have created year-long races for every office, including state reps who would have had to campaign during the legislative session. The bill received a big push from the national Republican Party, but it wasn’t enough to get it over the top.
Investing in NH’s Health Care Workforce. SB 403 passed 188-178. The bill establishes, regulates, and sets up a process for voluntary certification of community health workers to provide health screenings, motivational counseling and education, and support services. Also passing by a 187-177 vote was a bill appropriating $300,000 for student loan repayment for nurses working in rural areas. While this amount is a drop in the bucket, SB 456 is a start when it comes to persuading nursing professionals to continue working in under-served rural parts of our state.
THE BAD
One of the more frustrating parts of the day was witnessing two critically important housing initiatives fail in close votes.
“Home-nibus” Bill That Would Have Paved the Way for More Housing Gets Paved Over. SB 538, sponsored by Portsmouth Senator Rebecca Perkins-Kwoka, was killed 183-173. The bill was enabling legislation that would have added flexibility in several areas of planning and zoning to accelerate the approval and construction of more housing units. It also would have provided tax relief for conversion of office space to residences. More.
Bill to Boost Affordable Housing Fund Gets Shelved. SB 454 was tabled by a 180-176 vote. It would have increased the allocation from the Real Estate Transfer Tax to the Affordable Housing Fund from $5 million and $10 million. The fund offers low-interest loans to developers to create additional affordable housing.
THE UGLY
Auburn Rep. Makes It Clear What He Thinks Young Women Are Good For. During the debate on SB 359, which will raise the marriage age in New Hampshire to 18, Rep. Jess Edwards (R-Auburn), questioned whether not making marriage available to some “freedom-loving couple” in the event of a pregnancy where the mother is “of a ripe, fertile age” would lead to more abortions. In his words:
“… If we continually restrict the freedom of marriage as a legitimate social option, when we do this to people who are a ripe, fertile age and may have a pregnancy and a baby involved, are we not, in fact, making abortion a much more desirable alternative, when marriage might be the right solution for some freedom-loving couples?”
While equivocating ending child marriage with an increase in potential abortions was bad enough, framing the underage participants as “ripe” and “fertile” was creepy, downright repulsive, and worthy of inclusion in an episode of “A Handmaid’s Tale.” More.
MORE PROOF THAT IT AIN’T OVER ‘TIL IT’S OVER
One of the more interesting and anxiety-provoking features of a legislative session characterized by an almost even split between the parties is that for better or worse, bills passed, tabled, or seemingly killed by tight votes early on a session day; can come boomeranging back later in the day.
This happened when SB 219, a bill favored by GOP lawmakers that would have mandated reporting of expenses by school districts, passed 180-179. Democrats opposed the bill because state law already requires budget information to be made available to the public.
Knowing that several Dems inadvertently missed the vote while answering the call of nature during the initial vote, floor leaders successfully moved later in the day to “reconsider” the bill. After the reconsideration vote succeeded, a move to kill it seemed like it was in the bag. But surprise, surprise—it failed by two votes. At that point, a motion was made to table the bill. It succeeded 184-183.