What Just Happened? March 21, 2024 NH Session Day Recap
Another day of close wins for Republicans, but tough losses for anyone who would genuinely like to see our legislature drag itself knuckles-first out of the Stone Age. Here’s a quick recap…
First: The Numbers
On Thursday, both Democrats and Republicans started the day down seven legislators apiece due to absences. This effectively gave Republicans a 6-8 vote advantage on partisan legislation—which resulted in another long day for House Democrats. While some may wonder which part of our job description involves not showing up, the simple fact is that the vast majority of reps on both sides actually are showing up and House attendance is at historically high levels. Unfortunately, no matter how much cajoling, begging, and pleading goes on behind the scenes, in a legislature of 400 people there will inevitably be those who get sick, have appointments that can’t be missed, or who want to avoid the spotlight because they’re under investigation for alleged criminal activity. Also worth noting is that one of Thursday’s absent legislators was Concord’s wonderful Art Ellison, who passed away peacefully in hospice Saturday morning. Art would have loved to have been with us and I’m sure he will be with us in spirit for the rest of the session. He will be missed and remembered not only for the passion of his advocacy—but for truly being a great human being who always represented the best in us.
Best Debate of the Day
Should the state allow medical aid in dying for terminal patients near the end of life? After a long, passionate and, at times, highly personal debate, the House passed HB 1283 by a tight 179-176 margin. The bill would allow physicians to prescribe medication that would allow a mentally competent, terminally ill patient to end their own life. Both Republicans and Democrats were split on the bill, with strong supporters and opponents in both parties. Supporters were careful to differentiate medical-aid-in-dying (MAID) from suicide, which is often violent and carried out in isolation by those with unresolved mental health issues. Rep. Bob Lynn and Rep. Marjorie Smith—often on opposite sides on many issues—both spoke in support of the bill, arguing that that those who choose medical-aid-in-dying are terminally ill people who would prefer to live but wish to die peacefully and not in agony. Opponents, including Hampton Rep. Chris Muns, cited the need to preserve life and protect vulnerable people, especially those with physical and mental disabilities, who might be coerced into making a tragic decision. While the bill passed, expect to see it come up for debate again at the next House session because a “notice of reconsideration” has been filed. More on the initial vote here.
Most Ridiculous Time-Wasting Debate of the Day
Should the state authorize employers to pay wages in silver or gold? In a move that would have disappointed Golom of Lord of the Rings lore as well as Yukon Cornelius of Rudolph the Red Nose Reindeer fame, the House voted 182-155 to kill HB 1246. The bill would have authorized New Hampshire employers to pay their employees in silver and gold. While precious metals might be an attractive investment for some, they are totally impractical to use as currency. (I’m still trying to imagine the look on the face of the woman at the Concord coffee shop where I’m a regular if tried to pay for my medium-dark-roast-with-a-little-extra-room-to-go from a very small pot o’ gold containing my entire $100/year state rep wages.)
Best Outcomes of the Day
Sorry folks. Don’t get excited. It’s a short list…
Discriminatory GOP attempt to classify gender transition surgery as a “medical injury” for liability purposes is defeated. HB 1664, which would have opened the door to establishing a personal injury cause of action for damages alleged to have been suffered by people who have had transition surgery and later change their minds, was killed 181-164.
Amended bill establishing right to know request fees passes, proving compromise isn’t dead (yet). By a 268-106 vote, the House passed HB 1002. The bill would let municipalities and agencies charge $1 per email after providing the first 250 emails in a request at no charge. The compromise gets rid of a proposed $25/hour fee that was part of the original bill and also adds a provision that copies by provided at no charge to those who are indigent and members of the media. More.
Communities can continue to lobby the legislature to support the interests of their citizens. By a 211-129 vote, HB 1479 was killed. The bill would have undercut the voice of local communities by prohibiting the use of any state, federal, or local funds for lobbying activities. The bill, sponsored by members of the anarchist freestater wing of the NH Republican Party, would have also knee-capped the New Hampshire Municipal Association—a group that analyzes legislation and represents the interests of communities of all sizes.
Worst Outcomes of the Day
Apologies in advance for the much longer list—and for not including about a dozen other abominations.
Bill to establish a child care workforce fund fails by one miserable vote. HB 1611, a bill that would have set up a dedicated fund to receive future dollars for distribution to child care employers, was killed 163-162. The bill was originally referred to the Special Committee on childcare where it passed unanimously and then passed on its first vote in the House 195-169. But when the bill was referred to the Ways & Means Committee, all of the committee’s GOP members voted against it.
Efforts to make legislators actually do real work to address the housing crisis go nowhere. HB 1470, which would have created a legislative committee to study the feasibility and impact of offering tax credits and other incentives to boost the availability of low-income and workforce housing was killed 164-162 vote. Also falling by a close 171-164 vote was HB 1101, which would have established a committee to examine a potential state program to make loans to low-and-moderate income households for the purpose of buying a home or consolidating student loans. Worth noting is the motion GOP leaders used to kill both bills (and many others over the course of the day) was “indefinite postponement”—which not only kills these particular bills but also prevents the House from considering any similar legislation for the remainder of this year. Also worth noting is that late in the afternoon fill-in Speaker Rep. Steven Smith referred to GOP Floor Leader Joe Sweeney as “Rep. Postpone”, which caused much of the GOP caucus to respond with raucous gales of laughter. Evidently doing your best to blow up the chance of making genuine progress on what many Granite Staters say is the single most important issue facing New Hampshire is just another joke to House Republicans.
Just when you thought the news on housing couldn’t get any worse… House GOP legislators answered the challenge of how they could possibly make the housing crisis even worse for renters by passing HB 1115 by a 194-180 margin. The bill allows landlords to evict a tenant for any reason without the need to show “good cause” for eviction. Supporters argued that the bill would increase homelessness in the state, making renters more vulnerable in a tight market that has a vacancy rate of less than one percent. Advocates for the bill said passage would help ease homelessness by potentially “incentivizing” landlords to rent to to “riskier” tenants. Not addressed by supporters was the far more likely possibility that the bill incentivizes landlords to evict renters who can pay less for people who can simply pay more. More.
“Show me your papers or other evidence” bill moves forward to ban transgender kids from school sports. Sadly, HB 1205 passed 189-182. The bill restricts participation in grade 5-12 sports to members of the same biological sex. It requires parents of students to produce a birth certificate to prove to school districts their child’s sex at birth before they can participate in a team sport. No birth certificate? Parents would then need to “provide other evidence” to prove their biological gender, up to and including an invasive and potentially traumatizing physical examination. Supporters of the bill turned the gaslight up to full intensity by framing it as a “women’s rights” bill. Opponents, like Asst. Minority Leader Alexis Simpson, said that in addition to taking away the opportunity for transgender children to play school sports with classmates they identify with, the bill would put the state in violation of Title IX, which bars sex-based discrimination in educational programs. More.
Let’s make every day “Bring Your Gun to Work Day”. By a 201-176 vote, the House passed HB 1336. The bill allows prohibits any public employer or private employer receiving public funds from having a policy that bans employees from storing firearms and ammunition in cars parked on company property. The bill represents a significant expansion of gun rights onto private property and opens the door to future legislation which could see property owners and businesses banned from prohibiting the carrying of guns onto their property. Worth noting is that in addition to large defense contractors who have good reasons for limiting guns on their property, such as BAE Systems, the bill applies to any business that receives a government contract of any kind—including thousands of New Hampshire small businesses. More.
Resolution urging robust climate education in public schools is rejected. HR 30, a resolution requested by New Hampshire high school students that encourages the state to create an updated environmental curriculum that includes a balanced examination of climate change, was killed for this session by a 191-183 vote.
Campaign donor transparency bill killed. Under current state law, a Limited Liability Corporation (LLC) is treated as a single donor for the purpose of campaign contribution reporting and disclosure. This lets a wealthy donor contribute up to the individual maximum level to a candidate—and then set up or contribute to multiple LLC’s to give unlimited contributions in excess of the individual cap. HB 1074 would have required the LLC to disclose the names of individual donors and the percentage of ownership of each member to the candidate. It would have effectively closed the loophole that allows people to contribute many times the individual limit. It was defeated/indefinitely postponed 191-185.
Private schools accepting “Edel-bucks” (also known as “education freedom account” vouchers) remain free to discriminate. A bill that would have required providers under the EFA voucher program to comply with state and federal anti-discrimination laws was killed for this session 191-183. The defeat of HB 1654 ensures that taxpayer dollars will continue to flow into schools that practice discrimination against students due to their gender orientation or sexual identity.