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State House Updates

What Just Happened? Highlights of the March 15-17 NH House Session

Last Tuesday through Thursday, the New Hampshire House of Representatives met at the State House in Concord to vote on close to 400 bills. While some were non-controversial, debates on many others were heated and contentious. Worth noting is that masks were optional despite the close quarters. To date, one rep has tested positive for COVID—but he was likely exposed prior to the session. Also worth noting is that any bills that passed still have a longgggg way to go before becoming law. All must receive additional public hearings and votes in the Senate, and those that make it through that test must also be signed by the governor.

Here are some of the highlights by issue along with links to relevant reports from the news media:

Public Health

  • HB-103, legislation establishing a dental benefit under the state’s Medicaid program, passed 237-100.

  • HB 1088, giving employees the right to protect themselves from the COVID-19 virus in the workplace by allowing them to wear masks and other PPE despite their employer’s wishes, was killed by voice vote.

  • HB 1022, permitting pharmacists to dispense the drug ivermectin without a prescription passed 183-159. This despite concerns about its effectiveness as a COVID-19 treatment, the potential for severe side effects when administered improperly, and the now widespread availability of more effective anti-viral drugs.

  • HB 1221, a bill prohibiting school districts from mandating COVID-19 vaccinations, passed 166-148.

  • HB 1369, which affirms the right of performing arts venues such as Portsmouth’s Music Hall to set their own policies on masking, testing, and vaccination, was tabled 177-146.

  • HB 1455, prohibiting the state from enforcing any federal requirement for a person to submit proof of vaccination against COVID-19 as a condition of employment, passed 175-159.

  • HB 1481, which would have repealed the state’s “Medical Freedom in Immunization Act” that was passed last year in response the the pandemic, was tabled 175-156. The current law decrees that the State of NH and its political subdivisions shall not compel residents to receive a COVID-19 vaccine in order to secure, receive, or access any public facility, any public benefit, or any public service.

  • HB 1495, a bill that broadly forbids the state of New Hampshire from requiring any business—not just government contractors—to require a vaccine or proof of vaccination, passed 179-153. As amended, the bill provides an exception for health care facilities.

More coverage from NHPR

Housing and Transportation

  • HB 1291, a bill prohibiting discrimination against tenants holding Section 8 Housing Choice vouchers, was tabled 179-148.

  • HB 1177, which would require cities and towns to permit single-family lots in residential districts to be used for up to four residential units, was tabled 167-157.

Local Control

  • HB 1113, a bill that would have put control over limits on remote learning back into the hands of local school boards and taken it away from the state Department of Education, was killed 166-154.

  • HB 1119, enabling legislation allowing communities to regulate distribution of single-use plastic bags at the point-of-sale, was tabled 300-35.

  • HB 1131, prohibiting local school boards from establishing face covering policies in schools during public health emergencies, passed 166-157.

  • HB 1148, legislation prohibiting municipalities from restricting the kind of fuel sources that can be used for energy, passed 167-142. This action hurts the state’s clean energy sector and undermines plans of municipalities with climate action plans to transition away from use of fossil fuels.

  • HB 1178, bill prohibiting state and local governments and law enforcement from enforcing any federal statute, regulation, or Presidential Executive Order that restricts or regulates firearms, passed 190-147. (I spoke against this bill on the House floor).

  • HB 1266, which would make it illegal for state or local governments to restrict cooperation with U.S. Immigration and Customs Enforcement, passed 172-162. More…

  • HB 1393, a bill that enables school boards to adopt a budget cap by a 3/5 supermajority vote, passed by voice vote. The bill also would require a 3/5 vote to override a cap once one is put into place.

Reproductive Freedom

  • CACR 18, a constitutional amendment that would have expanded privacy rights to include reproductive healthcare decisions was tabled 175-157.

  • HB 1080, a bill allowing staff in health care settings, including pharmacies, to refuse to perform abortions or sell contraception if it violates their conscience, passed 175-165.

  • HB 1477, which is similar to a law passed recently in Texas that seeks to prevent abortions after a fetal heartbeat is detected, was tabled 185-143.

  • HB 1625, which repeals the right of health centers providing abortions to set up buffer “safety zones” outside their doors to protect patients from protesters, passed 168-162.

  • HB 1673, a bill to modify the 24-week abortion ban that was enacted as part of last year’s state budget came to the floor with a bipartisan recommendation to remove criminal penalties for doctors and add an exception for pregnancies involving fatal fetal anomalies. That failed by two votes, and instead, the House sent the Senate a version by voice vote that simply removes a requirement that an ultrasound be performed before any abortion.

Additional coverage from New Hampshire Bulletin and Associated Press

Taxation

  • HB 1097, a bill that would bolster the case of the New Hampshire Attorney General’s Office when it comes to the out-of-state taxation of New Hampshire resident’s income while working for out of state firms, passed 251-72.

  • HB 1221, a bill that would lower the state’s business profits tax 0.1%—the 5th decrease since 2016—passed 177-141. It is projected to cost $8 million a year in revenues, which will need to be made up for in service cuts or additional property taxes.

Anti-Discrimination

More coverage from New Hampshire Bulletin

Wages, Worker Rights, Paid Family Leave

  • HB 1076, prohibiting unreasonable productivity quotas that don’t allow time for breaks without missing quota and this reducing their compensation, was tabled 169-152.

  • HB 1165, terminating the yet-to-be-implemented Granite State Paid Family Leave Program that was a late addition to last year’s budget bill, passed 172-164.

  • HB 1472, a bill prohibiting anti-union activities and guaranteeing the right to unionize, was defeated 181-149.

  • HB 1514, legislation requiring an employee’s earned time be paid if the employee is terminated due to a permanent layoff or the company changing hands, was killed 172-164.

Education

  • HB 1072, a bill establishing a criminal penalty for denying an elected school district official access to any school district facilities, documents, or events, was tabled 169-161.

  • HB 1090, which would have repealed the state’s controversial teacher gag order/“divisive concepts” bill, was killed 165-153.

  • HB 1434, a bill requiring school districts to provide copies of any educational materials requested by parents or non-parents within 10 days, passed 185-152.

  • HB 1683, which would have repealed the education freedom account program, was killed 189-166. The original cost of the school voucher program was $129,000, but has ballooned to over $8 million in additional costs for New Hampshire’s Education Trust Fund.

Additional coverage from InDepthNH

Elections and Voting

  • CACR 19, a constitutional amendment requiring all elections to take place using paper ballots, failed to receive the required 3/5 majority, failing 195-160.

  • HB 1096, prohibiting open carrying or display of a deadly weapon within 100 feet of a polling place, was killed 198-153.

  • HB 1203, a bill that resurrects parts of a law recently ruled unconstitutional by the New Hampshire Supreme Court, passed 185-163. The bill sets requirements and definitions for domicile residency, voter registration, and the terms “resident”, “inhabitant”, “residence”, and “residency.” It would make it more difficult for people who have moved to the state just prior to elections to vote—including college students from other states.

  • HB 1264, establishing ranked choice voting for state primary and municipal elections, was tabled 206-142.

  • HB 1442, which would have made New Hampshire voter information in languages other than English, was killed 195-156.

  • HB 1567, a bill that instructs the Attorney General’s Office to fine municipalities if their election officials break the rules or fail to perform their duties, passed 185-165.

Additional coverage from New Hampshire Bulletin and the Union Leader

Criminal Justice and Gun Violence Prevention

  • CACR 20, which would have made possession of cannabis a legal right, was killed 214-121. Two additional constitutional amendments related to the sale, use and cultivation of cannabis—were tabled.

  • HB 1296, a bill that would effectively end the process of civil asset forfeiture in New Hampshire by making it part of the criminal justice process, passed by voice vote.

  • HB 1400, which would have banned law enforcement from using the scent of marijuana as probable cause for a search, was killed 168-157.

  • HB 1476, a controversial bill requiring people accused of crimes who have been released on bail—who are then charged with a class B misdemeanor or with a third or subsequent offense, be held in preventive detention without bail pending a hearing before a judge—passed 199-134.

  • HB 1668, a bill designed to close a loophole in New Hampshire’s firearms background check law that does not require a background check for commercial sales between private parties, was killed 179-144.

More coverage from InDepthNH

Energy and Environment

See NHPR’s summary.

Other Helpful Recaps

David Meuse