The House Acts on Safe School Zones, School Funding, and More
This week was the deadline for bills that need to be referred to other committees (sometimes referred to as “early bills”) to be acted on by the New Hampshire House of Representatives. The result was a flurry of important bills that either moved on the the next step, were killed for this session, or were “retained” for further committee work and reintroduction in 2020.
Something that’s very important to note is that passing a bill at this stage does NOT mean it will become law. If a bill is passed and referred to another House committee—such as the Finance Committee—that committee’s recommendation must be voted on again at a later date by the full House. If the bill passes again, it moves on to the State Senate, where it can be approved with no changes (rare), killed outright (less rare), or amended (common). Differences between the House and Senate versions must be worked out in conference committees. If they aren’t, the bill dies. If they are—and there are changes to the bill—its goes back to both bodies for a full vote. If it passes both bodies, it then goes to the governor who may choose to sign it, not sign it (and allow it to become law), or veto it. If the governor vetos the bill, both the Senate and the House must get a 2/3 majority to override the veto. Bottom line: while it feel good to have the bills you support win approval in the House, all of the bills we approved this week have a lonnnggggggg way to go before they become law.
Here are some of the highlights from Wednesday and Thursday. In each case, I voted with the majority.
Cannabis legalization and regulation (HB-481) was approved 209-147. The bill now moves on to the Ways and Means committee for further work on the revenue and taxation component. Also worth noting is that I made my first floor speech in support this bill. You’ll find more information here and the full text of my remarks at the bottom of this post.
A bill that would make the Federal Guns Free Zones Act enforceable in every community in New Hampshire was approved 194-154 despite heavy opposition from gun rights advocates. This bill would close a loophole that permits firearms to be carried on school property by people who are not law enforcement officers. HB-564 would apply to every public school in the state. A similar bill, HB-101, sponsored by Rep. Jackie Cali-Pitts was tabled—meaning it can be brought up and considered in the next session. Rep. Cali-Pitt’s bill would have allowed each community to make its own decision.
A bill to establish a family and medical leave insurance program in New Hampshire cleared the House 199-133 and now goes to the House Finance Committee. HB-712 is identical to a bill now making its way through the Senate. Passage would mean working families would no longer have to decide between maintaining their financial security or taking care of themselves or a loved one.
Several bills intended to address New Hampshire’s public school funding crisis were also approved. Many smaller communities have been forced to cut staff and even close schools for two reasons: 1) Local property taxpayers are tapped out and 2) inadequate funding from the state—which is obligated under the New Hampshire Constitution to ensure all students have equal educational opportunities in our public schools and has been sued several times since the 1990’s. After decades of kicking the problem down the road, this year the legislature has chosen to act by passing three critical pieces of legislation.
HB-177 benefits communities starved for adequate state aid in the short term by restoring Stabilization Aid to 2016 levels for FY2020 and FY2021.
HB-709 provides a bridge by replacing Stabilization Aid with Fiscal Capacity Disparity Aid based on an equalized valuation per pupil beginning in FY2022. An amendment removed a controversial provision that would have forced communities like Portsmouth to give excess statewide education property tax (SWEPT) back to the state instead of keeping it—which would have returned Portsmouth to “donor town” status. (Education Committee member Tamara Le, who represents part of Portsmouth in addition to several other communities, was a tiger on this one).
HB-551 takes a long-range approach by establishing an independent commission to review, and make recommendations to improve, all aspects of education funding.
Because the governor did not include money to address the school funding crisis in his budget—and the legislature is required to submit a balanced budget—the House also approved two bills to address school funding, provide relief to local property taxpayers, and to reduce the risk of a recession blowing a hole into public education funding and critical state services.
HB-623 passed 200-141 and would freeze the state’s business profits and business enterprise tax rates at 2018 levels rather than allowing a scheduled reduction to go through.
HB-686 extends the existing 5% tax on interest to capital gains, triples the exemption for seniors over age 65, and doubles the dollar amount of all other personal exemptions. Estimates indicate that 83% of the new revenue would come from taxpayers with an adjusted gross income over $200,000. It would raise over $150 million each year.
A bill that would allow communities like Portsmouth to charge up to a $2 per night occupancy fee to pay for additional costs related to heavy tourism passed 194-151. Currently Portsmouth collects $30 million in state rooms and meals tax, but only gets back $1.2 million. If HB-641 becomes law, it would provide money for these services and provide relief to property taxpayers.
New Hampshire communities will not be required to comply with federal immigration detainer requests. HB-232 was killed 211-132.
On a “lighter” note (especially on those dark winter days that seem to end right after lunch), the House passed a bill 208-120 that would switch New Hampshire to the Atlantic Time Zone. However the switch would only happen if surrounding states also choose to make the switch. HB-567 would essentially create “daylight savings time” all year and would end the need for twice a year time changes.
If you’re interested in the status of a particular bill I didn’t mention, either go to the legislative website and search for the bill itself, or contact me directly.
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Text of Meuse Floor Speech in Support of HB-481
I rise today to speak in support of House Bill 481.
The elephant in the room when it comes to this legislation isn’t anything in the bill itself. It’s the status quo. In New Hampshire, buying, selling, and growing cannabis is illegal. Yet the black market for cannabis products is booming. Despite 100 years of prohibition, people who want marijuana, have no trouble getting it. As a member of the Criminal Justice committee, during the public hearing, I even heard one witness grudgingly admit that if you want it, just ask a kid.
We also heard from parents with children who suffered from the effects of cannabis and the consequences of its use. Their testimony was sincere and heart wrenching. But a key takeaway for me was that ALL of the stories we heard focused on people who ultimately had little trouble getting access to the drug despite our current laws and despite the best efforts of law enforcement. If this teaches us anything, it teaches us a critical lesson over, and over, and over again that PROHIBITION DOES NOT WORK.
Despite this, I know there are many people in this chamber who are genuinely conflicted when it comes to this bill. For those of you leaning towards voting “no”, here’s what your “no” vote will do:
• If you vote “no”, you’ll basically be voting to keep black market drug dealers in business. For many people, these dealers provide a ready gateway to far more dangerous drugs, like cocaine, heroin, and fentanyl.
• If you vote “no”, you’ll also be saying “no” to new revenue. Revenue that would fund new drug education programs for kids, provide additional resources for law enforcement, and be used to study the medical and social impact of legalization. Without this bill, funding these things becomes much more problematic.
• If you vote “no”, you’ll effectively be saying “yes” to untested and unregulated black market cannabis products where users have no idea how strong they are or if they contain mold, heavy metals, or other drugs.
• And last but not least, if you vote “no”, you’ll also be voting to enforce a set of laws that every state surrounding us has chosen to dispense with.
On the other hand, if you choose to vote FOR this bill, you won’t just be voting for legalization. You’ll also be voting for regulation that will protect consumers and ensure accountability for those who break the law. Under this bill, it will continue to be a crime for people under age 21 to sell, possess, grow, or distribute it. It will also be a crime for people who have legally or illegally purchased or grown cannabis to give it or to sell it to minors. Under HB-481, cannabis outlets can’t be within 1000 feet of a school and products can’t be labeled in a way that makes them attractive to children. So basically the photos you may have seen of cannabis products that look like brand name candy bars and cookies would be illegal under the law.
Under this bill, legally-sold product will also be tested for harmful chemicals and adulterants. For kids who choose to risk the consequences of breaking the law, this means they can do so far more safely than when they buy cannabis from a black market dealer. Just because they make a bad choice, doesn’t mean we shouldn’t take steps to protect their health and safety.
Many of us are also very concerned about people operating under the influence of cannabis. The elephant in the room is this crime is nothing new—and to be clear—nothing in HB-481 legalizes driving while under the influence. While we heard conflicting testimony and statistics about the impact on accidents and arrests in states that have legalized, here’s something that’s not in question.
Should a person be stopped by police for suspicion of driving under the influence of cannabis, police will use the same procedures they use now to assess intoxication and to make an arrest. These situations and the resulting arrests and convictions will continue regardless of how we vote today. With 80% of our state’s population living within 30 minutes of a bordering state where cannabis is legal, something we also need to consider is that if we don’t legalize, some of those people will buy the product over the state line and irresponsibly use on the return trip. Prohibition does not solve the problem.
The bottom line is that like any drug, including alcohol, there are no guarantees that cannabis will be completely safe for everyone who uses it. But in the same way pharmaceutical companies are allowed to market over-the-counter medications with side effects that may be dangerous to certain people, cannabis should be available legally for adults who read the disclosures, educate themselves about what they’re getting into, and who abide by our laws when they purchase, grow, and consume it.
HB-481 is a thoughtful and complete bill that sweats the details. It was informed by a commission established by this body as well as the experiences of other states that have legalized and regulated cannabis.
If you think a failing status quo isn’t good enough for New Hampshire, please vote YES to send the bill on to the next step.