State House Watch: March 11, 2023

By Maggie Fogarty and Grace Kindeke

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Faith leaders joined hundreds at the State House on March 7 in support of transgender rights and well-being. 603Equality

"Love is more than a rush of feeling. Love is sweet labor—fierce, bloody, imperfect, and life-giving. A choice we make over and over again.” ― Valarie Kaur, See No Stranger: A Memoir and Manifesto of Revolutionary Love

March 11, 2023

Dear State House Watchers,

It was another full week, but next week might feel even busier, especially if you factor in a lost hour of sleep (spring forward tonight!) and town meeting on Tuesday. Our continued engagement is needed for a healthy democracy, so rest when you need to and show up when you can!

ACTION ALERTS

Show up for the budget hearing!
The House Finance Committee will hold its public hearing on the state budget bills – HB 1 and HB 2 – on Monday, March 13, in Representatives Hall starting at 2 PM. You can give testimony in person, or by contacting the committee (HouseFinanceCommittee at leg.state.nh.us) to make sure that budget writers are aware of your priorities. Our budgets are moral documents; let’s make sure that our tax dollars are put in service to our collective well-being.

The NH Campaign for a People’s Budget will be there, giving voice to our vision of a budget that “invests in our communities’ health, education, recovery, opportunity, and vitality. In order to achieve this, we also need fair and adequate taxation that invites all of us to contribute to the common good, in accordance with our ability to pay.” Read more here, and join us in front of the State House at 1 PM for a brief program before the hearing begins. You can share the Facebook event to invite your friends.

OPPOSE HB 460 – There is still time to take action to oppose this voter suppression bill, which would prohibit people from voting if they don’t bring their identification with them on Election Day, eliminating the current option to sign an affidavit. You can use this action alert from the ACLU to urge your representative to defeat this harmful and unnecessary proposal.

OPPOSE HB 514, relative to the dissemination of obscene material by schools and institutions of higher learning. This bill is part of a national campaign to remove LGBTQ+ books from school libraries. It will be up for a vote in the full House on March 16, without recommendation. Please let your own representative know that you want them to oppose censorship and defeat this bill.

Immigration News

There is more alarming news from the Biden administration this week, which appears to be doubling down on restoring or preserving Trump-era anti-immigrant policies. The New York Times reported this week that a return to family detention is likely to be part of the strategy to ‘manage’ humanitarian needs at the US-Mexico border. “The practice has long been controversial, in part because of years of scientific consensus that detaining minors, even with their parents, can cause developmental damage. Two of the federal government’s medical consultants in 2018 said they identified a ‘high risk of harm’ to migrant children at the facilities. The consultants uncovered serious problems, including a child who lost a third of his body weight and an infant with bleeding of the brain that went undiagnosed for five days.” To return to this practice would be immoral and reprehensible. Please implore our Members of Congress to immediately raise their voices in protest.

We also urge you to take action in opposition to the Administration’s proposed asylum ban, which would unlawfully deny asylum to people who passed through Mexico or other countries before arriving at the U.S. southern border. That would cut off legal access for most migrants fleeing dangerous situations and seeking safety in the U.S. We still have time to stop this. The public has until March 27 to submit comments to the federal government before the policy becomes final. You can use this link for some helpful guidance, but it is important that your message is individualized for greatest impact.

You can also sign here to urge President Biden to restore the right to seek asylum in the United States.

Closer to home, we are dismayed to see that the current version of the state budget (specifically HB 2, the budget trailer bill) includes $1.4 million for a "Northern Border Alliance" to fund a collaboration between local, county and state police for the purpose of border patrol within a 25-mile zone at the New Hampshire border with Canada. You can read more here (starting at page 34, line 7), as well as in the NH Bulletin here. Please let the House Finance Committee know that this proposal is harmful and wasteful. 

And please let your senator know that you want them to defeat SB 132, the anti-immigrant, anti-‘sanctuary cities’ proposal that was approved this week in the Senate Election Law and Municipal Affairs Committee and will be on the Senate calendar on March 16.

Two bits of good news before we move on – The ‘registry bill,’ which would create a pathway to citizenship for millions of undocumented immigrants, has been reintroduced in the US Congress. You can read more here and here, and you can let our Members of Congress know that we want their support. And the immigration checkpoints bill – a state proposal to require notification prior to immigration checkpoints in NH – passed the full House this week by a vote of 220-152. On to the senate!

Want to catch up on all the immigration-related bills in the state legislature this year? You can do so here.

Recommended Reading

We thank Sarah Robinson and Dr. R. Jamaal Downey for a piece they wrote recently for the NH Center for Justice and Equity about the role of diversity, equity, inclusion and justice leaders in our schools. From School Districts Must Stop Scapegoating DEIJ Professionals: “We have people of color being hired in New Hampshire with an insurmountable feat of fixing all of the school districts’ diversity issues, and then, said individuals are being left on their own with little to no institutional support….What we found were nonspecific and non-measurable goals, meandering descriptions that were blurry and vague at best, and lofty unattainable goals in which not even the most fit and well supported individual would be able to succeed. Additionally, some of these job descriptions are asking for all of this work to be done in a 40h or less work week.”

Beyond the Dome

We learned this week that Governor Sununu has authorized the deployment of National Guard troops to address an acute staffing shortage at the NH state prison. Read more here. We understand that the vacancy rate – currently 51% – presents risks to the safety of residents and staff at the facility, but it is concerning to see military personnel being used in this way. We urge our elected leaders to consider that the staffing shortage is an occasion to consider reducing the population in New Hampshire’s jails and prisons and investing instead in real solutions to the conditions that ensnare people in the criminal legal system – poverty, racism and lack of a safety net. The Prison Policy Initiative and the Vera Institute provide some data for an important conversation about how we can reduce our reliance on jails and prisons. We hope these issues are considered during the state budget negotiations currently underway.

Last Week at the State House

Hundreds of people - LGBTQ+ persons and allies, including faith leaders - gathered at the State House on Tuesday in support of transgender persons’ human rights, dignity and well-being, and in robust opposition to harmful policy proposals. The community response to bigotry and discrimination was an inspiring testament of courage, love and beauty. Read more here, here and here. Stay in touch with 603 Equality for next steps and continue to let your state lawmakers know that they must act to ensure that our laws protect, not harm, transgender people.

We celebrate that the Senate has unanimously approved SB 263, which would ensure that tens of thousands of Granite Staters will have access to health insurance through expanded Medicaid. You can read more at NHPR, where it was noted that some lawmakers came to see that their prior perceptions of the program – that it would disincentivize people from seeking work, or that it wouldn’t be cost-effective for NH – were mistaken. It’s helpful to remember that people can grow in their understanding and then make better policy choices.

We’re relieved to see that the House Education Committee has voted to retain HB 533, after rejecting an amendment that would give Education Commissioner Frank Edelblut subpoena power to investigate complaints against teachers. Read more here.

In a setback for reproductive justice, the Senate voted along party lines to defeat SB 181 which would have enshrined abortion rights in NH state law. Read more here: “Democratic Senators Rebecca Perkins Kwoka of Portsmouth and Assistant Democratic Leader Becky Whitley of Hopkinton released the following joint statement - ‘Today, Senate Republicans decided they were comfortable leaving our rights unprotected, even after tens of millions of folks lost the constitutional right to access abortion following the Dobbs decision. For a party that touts our ‘Live Free or Die’ motto, they’ve left half the population with less freedom.”

Several important bills that would have strengthened tenant protections were defeated in the House on Thursday, and a harmful bill, HB 117, which would end just-cause evictions, was approved by a 211-152 majority in the full House. It will be important to defeat HB 117 in the Senate.

For a summary of House and Senate votes on tenant rights, gun violence prevention and school vouchers, read more at InDepthNH.

Last week in the House

The House of Representatives was in session on Thursday, March 9. Here are the outcomes on the bills we’re tracking.

Key:
LOB – Legislative Office Building (33 N. State St. Concord)
SH – State House (107 N. Main St. Concord)
OTP – “Ought to Pass,” the recommendation for approving a bill or an amendment
OTP/A – Ought to Pass with Amendment
ITL – “Inexpedient to Legislate,” the recommendation for defeating a bill or an amendment.
ITL can also be used as a verb.
“Without Recommendation” - This indicates that the committee vote was a tie for both ITL and OTP.  During the House session, these bills will be considered first as Ought to Pass.
Re-refer – When a Senate committee wishes to hold onto a bill for further consideration. The recommendation to re-refer must be approved in the full Senate. The committee will have until the end of the calendar year to meet about the bill and make a recommendation for further action.
Retain – When a House committee wishes to hold onto a bill for further consideration. The committee makes this decision for themselves; approval in the full House is not needed. The committee has until the end of the calendar year to make a recommendation for further action.

RC – Roll call vote. Each legislator’s vote is recorded and attributed to them.
VV – Voice vote
DV – Division vote

On the Consent Calendar


CRIMINAL JUSTICE AND PUBLIC SAFETY
HB 156, relative to misconduct by a law enforcement officer. The bill as amended would add intentional misrepresentation of a material fact in an official report to those offenses that are considered misconduct by a law enforcement officer. OTP/A by VV.
HB 473-FN, relative to penalties for controlled drug violations. This bill reduces the penalty for the first offense of simple possession of controlled substances from a felony to a misdemeanor. The second offense remains a felony. OTP by VV.
HB 474-FN, relative to enforcement of federal firearms laws and establishing penalties. ITL by VV.
HB 481-FN, relative to arrest warrants and search warrants. ITL by VV.
HB 549-FN, relative to definitions of domestic violence. ITL by VV.
HB 585-FN, relative to screening law enforcement officer candidates for steroids and requiring law enforcement officers to be screened for steroids in complaints involving the use of excessive force. ITL by VV.
HB 588-FN, relative to the criteria for applying for parole. OTP/A by VV.

EDUCATION
HB 181, establishing a committee to study school meal programs in New Hampshire’s public schools and nonsectarian schools that accept public funds. ITL by VV.
HB 441-FN-LOCAL, eliminating residency requirements for public school attendance. ITL by VV.
HB 634-FN, relative to students’ participation in religious instruction to satisfy elective curriculum requirements. ITL by VV.

EXECUTIVE DEPARTMENTS AND ADMINISTRATION
HB 64, requiring the commission on demographic trends to consider data on race and ethnicity for the purpose of increasing racial and ethnic diversity in New Hampshire. ITL by VV.

MUNICIPAL AND COUNTY GOVERNMENT
HB 294, enabling municipalities to adopt a child tax credit. Laid on the Table by VV.

SCIENCE, TECHNOLOGY AND ENERGY
HB 233-FN, relative to useful thermal energy under the renewable portfolio standards. OTP/A by VV.
HB 385, relative to the approval of community electric aggregation plans by the department of energy. OTP/A by VV.
HB 443, establishing a commission to study the withdrawal of New Hampshire from ISO New England. ITL by VV.

On the Regular Calendar

CRIMINAL JUSTICE AND PUBLIC SAFETY

HB 31-FN, repealing the prohibition on the possession or sale of blackjacks, sling shots, and metallic knuckles. OTP by RC, 196-176.
HB 32-FN, relative to possession or discharge of a firearm in a safe school zone. This bill clarifies that possession or discharge of a firearm in a safe school zone is illegal and adds criminal penalties if this law is violated. Passing this law would assist New Hampshire in mirroring federal law to prioritize the safety of our students, educators, and staff and allow school administrators to better enforce gun-free school zones. ITL by RC, 199-174.
HB 59-FN, requiring a background check prior to any commercial firearm sale. This bill requires commercially advertised firearms sales and transfers between individuals to be subject to the same sort of criminal background check as commercial sales by licensed firearms dealers. ITL by RC, 197-175.
HB 78, repealing an act prohibiting the state from enforcing any federal statute, regulation, or Presidential Executive Order that restricts or regulates the right of the people to keep or bear arms. ITL by RC, 200-173.
HB 106-FN, relative to extreme risk protection orders. ITL by RC, 198-172.
HB 216-FN, exempting dimethyltryptamine from the controlled drug act. ITL by DV, 274-97.
HB 624-FN, relative to federal immigration checkpoints. This bill requires New Hampshire’s state, county, and municipal law enforcement agencies to provide 24 hours’ notice to the public after being notified by federal law enforcement officials that an immigration checkpoint will be conducted. During these checkpoints, individuals traveling on New Hampshire’s roadways are stopped without probable cause or reasonable suspicion that a crime has been committed. Stops without suspicion are typically not allowed under the Fourth Amendment except under very limited circumstances. OTP/A by RC, 220-152.

EDUCATION
HB 367-FN-LOCAL, relative to eligibility of students in the education freedom account program. OTP/A by RC, 187-184.
HB 380-FN, relative to non-academic surveys administered by a public school or a chartered public school to its students. ITL by VV.
HB 440-FN, relative to the uses of education trust fund. The Education Trust Fund was established to provide needed state aid to local public school districts to support an adequate education for New Hampshire students. This bill would add the funding for the Education Freedom Account (EFA) program to the Trust Fund. OTP by RC, 191-185.
HB 464-FN, relative to eligible students in the education freedom account program. OTP by RC, 192-184.

JUDICIARY
HB 112, relative to tenant’s right to notification prior to the sale of a multifamily home. This amended bill requires that the owner of restricted residential property give each tenant no less than 60 days’ notice before the final closing on the sale of the property. ITL by VV.
HB 117, relative to the termination of tenancy at the expiration of the tenancy or lease term. OTP by RC, 211-157.
HB 401, relative to evictions based on the owner’s intent to renovate the property. This bill offers needed protections for tenants in situations where a landlord plans to renovate property or remove property from the market. ITL by VV.
HB 469-FN, prohibiting discrimination against tenants holding certain vouchers for purposes of renting dwellings. This bill prohibits discrimination against participants in the Housing Choice Voucher Program, better known as Section 8 Vouchers. ITL by VV.
HB 567, relative to notice of rent increases in certain residential rental property. This amended bill requires that the owner of nonrestricted residential property provide each tenant with not less than 30 days written notice of a rent increase and that an owner of restricted residential property provide tenants with not less than 60 days written notice of a rent increase. ITL by DV, 208-168.

MUNICIPAL AND COUNTY GOVERNMENT
HB 154, relative to the adoption of public health ordinances by municipalities. OTP by RC, 192-180.

SCIENCE, TECHNOLOGY AND ENERGY
HB 92, requiring the adoption of innovative vehicle emissions standards pursuant to section 177 of the federal Clean Air Act. ITL by VV.
HB 161, relative to customer generators of electricity as group hosts under net metering. ITL by VV.
HB 251, relative to the cost of compliance with disclosure of electric renewable portfolio standards. OTP/A by RC, 186-169.
HB 372, establishing a commission to study the short and long-term impacts of pending national and regional carbon pricing mechanisms on New Hampshire’s citizens, businesses, institutions, and environment. ITL by VV.

STATE-FEDERAL RELATIONS AND VETERANS AFFAIRS
HCR 5, urging the taking of appropriate legal action against multinational fossil fuel companies for harms incurred from disinformation campaigns about the effects of fossil fuel combustion.  ITL by RC, 189-158.

Last week in the Senate

The full Senate met in session on Thursday, March 9. Here are the outcomes on the bills we’re tracking.

On the Consent Calendar

EDUCATION

SB 151-FN, relative to mental health education. Inserts mental health curricula into the state’s criteria for an adequate education. Committee recommends OTP-A by VV. Referred to Finance.
SB 219-FN-L, relative to a salary floor for public school teachers. The bill mandates that public school teachers may not be paid below the prescribed salary floor if the district in question has more than one assistant superintendent and/or employs a diversity, equity, and inclusion professional. ITL by VV. Rereferred to Committee, VV.

ELECTION LAW AND MUNICIPAL AFFAIRS
SB 110-FN-L, relative to administration of the emergency shelter program by cities and towns. This bill clarifies which town or city is responsible for expenses related to emergency shelters. Committee recommends OTP-A by VV.

ENERGY AND NATURAL RESOURCES
SB 61, relative to surface water setbacks for landfills. These new rules will govern setbacks of newly sited landfills from surface water bodies to impose site-specific requirements sufficient to prevent groundwater contamination. OTP-A by VV.
SB 227 directs the department of environmental services to contract for an assessment of the current set-back requirements that are applicable to the permitting of new solid waste facilities. Re-referred to committee by VV.

EXECUTIVE DEPARTMENTS AND ADMINISTRATION
SB 105-FN, relative to information collected by the division of vital records administration as part of the live birth worksheet. OTP by RC, 21 -3.
SB 208, relative to online access to state information on economic relief disbursements. This bill would emphasize accountability and taxpayer transparency with the state’s spending of federal funds. OTP by VV.
SB 209, relative to providing menstrual hygiene products at no cost to individuals who biologically menstruate in state and county correctional facilities. An amendment was adopted on SB 209 which includes juvenile detention facilities and specifies sufficiency in regards to the number of menstrual hygiene products to be provided per menstrual cycle of a biologically menstruating person. This bill would create a standard across all state and county correctional facilities which provides the basic amount of menstrual cycle health services to biologically menstruating incarcerated individuals. OTP-A by VV.

HEALTH AND HUMAN SERVICES
SB 173-FN, relative to surprise medical bills. This bill requires insurers to cover emergency services provided by nonparticipating providers in the same manner as if the services were provided by a participating provider and requires the insurer to pay the nonparticipating provider the out-of-network rate less any cost-sharing for the services provided. The bill also prohibits surprise medical bills and balance billing. Re-referred to committee by VV.
SB 243, establishing a committee to study implementing a state-based health insurance exchange. OTP/A by VV.

JUDICIARY
SB 251, establishing a committee to study the long-term impact of the New Hampshire adult parole system. Probation and parole are designed to lower prison populations and help people succeed in the community; however, new data suggests that they may have the opposite effect. In New Hampshire, 60% of state prison admissions are due to supervision violations, which is much higher than the national average. This discrepancy warrants further study on the issue. OTP by VV.

On the Regular Calendar

EDUCATION

SB 141-FN, relative to administration of the education freedom accounts program. ITL by RC, 14-10.

ELECTION LAW AND MUNICIPAL AFFAIRS
SB 73-FN, relative to Help America Vote Act (HAVA) grants. ITL by VV.  
SB 222, relative to the definition of broadband infrastructure as a revenue-producing facility eligible for municipal revenue bonds. Special ordered to March 16. Committee recommends rerefer.

ENERGY AND NATURAL RESOURCES
SB 229-FN, relative to administration of certain wetlands permits by the department of environmental services. OTP/A by VV.

EXECUTIVE DEPARTMENTS AND ADMINISTRATION
SB 205-FN, relative to a cost of living adjustment in the state retirement system. Committee recommends OTP by VV.

FINANCE
SB 123-FN, relative to the adoption of ambient groundwater quality standards by the department of environmental services. OTP-A by VV.
SB 154-FN, relative to tuition waivers for children in guardianships after being in state foster care. Laid on the Table by VV.

HEALTH AND HUMAN SERVICES
SB 238-FN,relative to the use of telemedicine to treat mental health conditions. Special ordered to March 16.
SB 263-FN, extending the New Hampshire granite advantage health care program and reestablishing the commission to evaluate the effectiveness and future of the New Hampshire granite advantage health care program. OTP-A by RC, 24-0.

JUDICIARY
SB 117, relative to the definition of a “child” for the purpose of negligent storage of firearms. ITL by RC, 14-10.
SB 179, relative to eliminating the use of seclusion as a form of punishment or discipline on children in schools and treatment facilities. OTP/A by VV.
SB 181-FN, relative to access to abortion care. ITL by RC, 14-10.
SB 184, relative to the age at which a minor may receive mental health treatment without parental consent. ITL by VV.
SB 249-FN, relative to the release of a defendant pending trial. OTP by RC, 16-8.
SB 252-FN, relative to release of a defendant pending trial. OTP by RC, 21-3.

Coming up in the House

With over 200 bills still left to act on, the House will meet in full session on Thursday, March 16 at 9 AM, as well as Wednesday, March 22 and Thursday, March 23. Another session day is tentatively scheduled for Tuesday, March 21.

On the Consent Calendar

CRIMINAL JUSTICE AND PUBLIC SAFETY

HB 421, requiring feminine hygiene products to be provided to prisoners who menstruate in state and county correctional facilities. The subcommittee determined that while the current practice at institutions under the control of the Commissioner of Corrections were providing adequate feminine hygiene products, and new unsoiled undergarments to female inmates, the same could not be said of all of the county institutions. This bill as amended, will require all county and state correctional facilities to provide menstruation hygiene products to all female inmates that menstruate, at no cost to the inmate. Additionally, it requires that the facility must provide a new set of clothing at intake. It also will allow for inmates to have an adequate supply of appropriately sized hygiene products in their cell. Committee recommends OTP-A by a vote of 20-0.

EDUCATION
HB 528-FN, relative to school lunches and establishing the meals for students fund. Committee recommends ITL by a vote of 20-0.

ELECTION LAW
HB 286, relative to the removal of political advertising. Committee recommends OTP by a vote of 20-0.
HB 405, relative to out-of-state college students voting. This bill is a sweeping proposal that targets college students by creating two classes of voters. It is possibly unconstitutional and would create an undue burden on the Secretary of State’s office in its implementation. Committee recommends ITL by a vote of 20-0.
HB 415, making ballots cast in elections public documents. Committee recommends ITL by a vote of 20-0.
HB 484, relative to the handling of the absentee ballot envelopes prior to election day. This bill allows the moderator to open absentee ballot outer envelopes on the Monday prior to election day. Committee recommends ITL by a vote of 20-0.
HB 495, relative to counting votes. This bill aims to establish guidelines for determining which marks on a ballot constitute a vote. It would also require instructions on ballots about requesting a new ballot. Committee recommends ITL by a vote of 20-0.

EXECUTIVE DEPARTMENTS AND ADMINISTRATION
HB 359, relative to legal holidays. Committee recommends ITL by a vote of 20-0.

LABOR, INDUSTRIAL AND REHABILITATIVE SERVICES
HB 48-FN, relative to employee protections from COVID-19 in the workplace. Committee recommends ITL by a vote of 20-0.
HB 118-FN, prohibiting employers from engaging in certain anti-union activities. Committee recommends ITL by a vote of 19-1.
HB 241, relative to the opportunity of school district employees representing the collective bargaining unit to meet with the public employer as part of collective bargaining negotiations. Committee recommends ITL by a vote of 20-0.

LEGISLATIVE ADMINISTRATION
HB 134-FN, extending the public employees labor relations act to employees of the general court and relative to the duties of the joint committee on legislative facilities. This bill establishes the opportunity for nonpartisan employees of the general court to collectively bargain. Committee recommends ITL by a vote of 15-0.
HB 245-FN, relative to the compensation of members of the general court. Committee recommends ITL by a vote of 15-0.
HCR 6, relative to condemning the use of violence against supporters of self-governance. Committee recommends ITL by a vote of 15-0.

On the Regular Calendar

CHILDREN AND FAMILY LAW
HB 497-FN, relative to the confidentiality of records within the division of children, youth, and families. WITHOUT RECOMMENDATION

CRIMINAL JUSTICE AND PUBLIC SAFETY
HB 76, imposing a waiting period between the purchase and delivery of a firearm. WITHOUT RECOMMENDATION
HB 89, relative to posthumous exonerations and annulments. While it is not possible to go back in time and correct an unjust criminal prosecution, this bill allows us to acknowledge that the injustice occurred and gives the general court the ability to posthumously exonerate individuals who have suffered unjustly at the hands of our criminal justice system. The bill also exonerates Eunice “Goody” Cole of Hampton, who is the only person ever convicted of witchcraft in New Hampshire; and Willard Uphaus who ran the World Fellowship Center in Albany. During the early colonial era, Cole was convicted, flogged and imprisoned for casting spells and for “familiarity with the devil.” Uphaus was imprisoned in the 1950’s by refusing to comply with a subpoena from the New Hampshire Attorney General, who demanded he turn over a list of guests of the World Fellowship Organization so they could be combed through for connections with subversive organizations, including the Communist Party. After several appeals, Uphaus was sentenced to a year in jail for refusing to comply as a matter of conscience. In hindsight, both episodes are examples of what can happen when irrational fear or political fervor overcome good judgment. The bill acknowledges injustices occurred in both cases and confirms that we are able to set the record straight and admit our past mistakes. Committee recommends OTP by a vote of 20-0.
HB 328-FN, an act legalizing certain controlled substances for persons 21 years of age or older. Committee recommends ITL by a vote of 17-3.
HB 360-FN, an act legalizing cannabis for persons 21 years of age or older. Committee recommends ITL by a vote of 11-9.
HB 444-FN, prohibiting possession of a firearm at a polling place. Committee recommends ITL by a vote of 11-9.
HB 596-FN, prohibiting the use of racial profiling in law enforcement activities and in sentencing. This bill as amended explicitly prohibits New Hampshire law enforcement personnel from targeting individuals for suspicion of a crime based on the individual’s race, ethnicity, color, national origin, nationality, language, sex, gender identity, sexual orientation, political affiliation, religion, socioeconomic status, or disability. It further clarifies that these characteristics shall not be a factor in determining the existence of probable cause to arrest or to place an individual into custody. The act of racial profiling itself has never been explicitly prohibited by New Hampshire law. It is time to do so, as over 30 other states have already done. WITHOUT RECOMMENDATION

EDUCATION
HB 71, repealing a department of education report on chartered public school funding. Committee recommends OTP by a vote of 16-4.
HB 104, relative to multi-stall bathrooms and locker rooms in schools. The bill would prevent transgender youth from accessing facilities aligning with their gender identity. WITHOUT RECOMMENDATION
HB 399-FN, allowing for a testing exception for graduation from high school. Committee recommends ITL by a vote of 14-6.
HB 514, relative to the dissemination of obscene material by schools and institutions of higher learning. The bill also sets up a confusing one-way process to remove what some people might consider to be objectionable material and impose those limited beliefs on others. In doing so, the bill denies the rights of other parents and students to appeal. Parents already have the right to review materials and opt out their child from anything they find objectionable. WITHOUT RECOMMENDATION

LABOR, INDUSTRIAL AND REHABILITATIVE SERVICES
HB 58-FN, prohibiting payment of subminimum wages. This bill as amended eliminates the subminimum wage for all New Hampshire tipped workers who currently have a base wage of $3.27 per hour. Eleven states have already eliminated their subminimum wages without any extraordinary negative effects. Due to the confusion and complexity of tracking the total of the base wage plus tipped wages, it has been found that tipped workers do not always earn the full minimum wage that the law requires. While this may not generally be a problem for servers who work in higher-end establishments, those who work in bargain priced restaurants struggle under the current subminimum wage system. WITHOUT RECOMMENDATION
HB 125, relative to youth employment during the school year and at night. The bill as amended clearly defines and sets reasonable limits on the time 16- and 17-year-old students can work when school is in session. WITHOUT RECOMMENDATION

SCIENCE, TECHNOLOGY AND ENERGY
HB 208-FN, establishing greenhouse gas emission reduction goals for the state and establishing a climate action plan. This bill would allow New Hampshire to join the other New England states in setting medium and long-term greenhouse gas (GHG) reduction goals and would require the Department of Environmental Services to prepare and maintain 5-year plans related to these targets and an annual emissions inventory. WITHOUT RECOMMENDATION
HB 263-FN, requiring notification to renewable energy customer-generators of issues related to renewable energy credits. WITHOUT RECOMMENDATION
HB 523-FN, relative to net energy metering limits for individual and business customers. WITHOUT RECOMMENDATION
HB 524-FN, relative to regional greenhouse gas initiative funds. WITHOUT RECOMMENDATION
HB 605-FN, relative to solar generation under the renewable portfolio standards. WITHOUT RECOMMENDATION

Coming up in House Committees

Monday, March 13

EDUCATION
, Room 205-207, LOB
9:30 AM Executive Session on HB 515, relative to education freedom accounts; HB 538-FN, establishing a local education freedom account program; HB 572-FN, relative to eligibility for free school meals; HB 573-FN-A-L, limiting education freedom account funding to budgeted amounts; HB 649-FN, repealing the collection of the state education property tax.

FINANCE, Representatives Hall
Public hearing on the state budget

2 PM HB 1-A, making appropriations for the expenses of certain departments of the state for fiscal years ending June 30, 2024 and June 30, 2025; HB 2-FN-A-L, relative to state fees, funds, revenues, and expenditures.

HEALTH, HUMAN SERVICES AND ELDERLY AFFAIRS, Room 206-208, LOB
9:30 AM Executive Session on HB 368-FN, relative to protections related to receiving gender-affirming health care or gender-affirming mental health care; HB 619-FN, prohibiting gender transition procedures for minors, relative to sex and gender in public schools, and relative to the definition of conversion therapy.

SCIENCE, TECHNOLOGY AND ENERGY, Room 302-304, LOB
9 AM Continued Public Hearing on HB 609-FN, relative to energy facility siting.
9:10 AM Continued Public Hearing on HB 142, relative to the operation of the Burgess Biopower plant
10:30 AM Executive Session on HB 139, relative to the definition of “municipal host” for purposes of limited electrical energy producers; HB 609-FN, relative to energy facility siting; HB 142,, relative to the operation of the Burgess Biopower plant.

WAYS AND MEANS, Room 202-204, LOB
9 AM HB 639-FN-A, relative to the legalization and regulation of cannabis and making appropriations therefor.

Tuesday, March 14

CHILDREN AND FAMILY LAW,
Room 206-208, LOB
10:15 AM Continued Executive Session on HB 417-FN, relative to the definition of child abuse; HB 10-FN, establishing the parental bill of rights.

ELECTION LAW, Room 306-308, LOB
10 AM Executive Session on HB 195, relative to the definition of political advocacy organization; HB 243, requiring the tabulation of votes in elections to be done in public; HB 244, relative to the printing of the election day checklist; HB 255, relative to campaign contributions by limited liability companies; HB 387, permitting election ballots to be viewed pursuant to a right to know request; HB 402-FN, relative to prohibiting false statements against candidates; HB 463-FN, relative to the establishment of an election information portal; HB 476, enabling the secretary of state to conduct a second recount after an election; HB 478, relative to ballot order in the general election; HB 496, relative to the delivery of ballots to nursing homes and elder care facilities; HB 586, relative to absentee voting due to absence.

FINANCE - DIVISION III, Room 210-211, LOB
1 PM Division Work Session on HB 565-FN-A, relative to expanding Medicaid to include certain postpartum health care services; HB 282-FN-A, relative to including certain children and pregnant women in Medicaid and the children’s health insurance program.

Wednesday, March 15

COMMERCE AND CONSUMER AFFAIRS,
Room 302-304, LOB
11 AM Executive Session on HB 130, repealing the drug affordability board; HB 513-FN, relative to affordability and safety of clinician administered drugs.

EDUCATION, Room 205-207, LOB
9:30 AM Executive Session on HB 603-FN, relative to education service providers under the education freedom accounts program; HB 621-FN, relative to funds of the education freedom accounts program after termination of a student’s participation and responsibilities of the scholarship organization; HB 637-FN, relative to the calculation of average daily membership in attendance for certain home educated pupils.

EXECUTIVE DEPARTMENTS AND ADMINISTRATION, Room 306-308, LOB
10 AM HCR 2, relative to condemning recent vandalism and intolerance, as recently levied against places of worship and public spaces, elected officials and against the general citizens of New Hampshire.
10:30 AM HR 11, relative to welcoming communities.
1:30 PM HB 428, relative to mental health practice.
2 PM HB 390, revising the membership and structure of the New Hampshire commission on Native American affairs. We recommend this opinion column from Denise and Paul Pouliot, leaders of the Cowasuck Band of the Pennacook-Abenaki people in New Hampshire.

FINANCE, Room 210-211, LOB
10 AM Public Hearing on non-germane amendment #2023-0767h to HB 49-FN-A, relative to postponing the closure of the Sununu Youth Services Center. The amendment is relative to replacement of the existing Sununu Youth Services Center. Offenses for automatic commitment/detention are changed to serious violent offenses and process for judicial override with a hearing in which the minor is represented by counsel for other felonies and lesser offenses is implemented. Copies of the amendment are available on the General Court website.
10:30 AM Full Committee Work Session on HB 49-FN-A, relative to postponing the closure of the Sununu Youth Services Center.
11 AM Executive Session on HB 50-FN-L, relative to payment by the state of a portion of retirement system contributions of political subdivision employers; HB 311-FN-A, making an appropriation to the department of environmental services for eligible wastewater projects; HB 129-FN-L, relative to menstrual hygiene products in schools; HB 282-FN-A, relative to including certain children and pregnant women in Medicaid and the children’s health insurance program; HB 527-FN-A, relative to Medicaid reimbursement rates for certain assisted living facilities; HB 565-FN-A, relative to expanding Medicaid to include certain postpartum health care services; HB 49-FN-A, relative to postponing the closure of the Sununu Youth Services Center.

HEALTH, HUMAN SERVICES AND ELDERLY AFFAIRS, Room 301-303, LOB
9:30 AM Continued Executive Session on HB 368-FN, relative to protections related to receiving gender affirming health care or gender-affirming mental health care; HB 619-FN, prohibiting gender transition procedures for minors, relative to sex and gender in public schools, and relative to the definition of conversion therapy.

LABOR, INDUSTRIAL AND REHABILITATIVE SERVICES, Room 305-307, LOB
2 PM Executive Session on HB 190-FN, relative to the duration of unemployment benefits.
2:15 PM Executive Session on HB 232-FN, adopting section 1910 OSHA standards for public sector employees in New Hampshire.
3 PM Executive Session on HB 82-FN, relative to employment protection for participants in the therapeutic cannabis program

WAYS AND MEANS, Room 202-204, LOB
11 AM Executive Session on HB 639-FN-A, relative to the legalization and regulation of cannabis and making appropriations therefor.

Coming up in the Senate

The Senate will meet in session on Thursday, March 16 in the Senate chamber. It will be live streamed here.

On the Consent Calendar

COMMERCE

SB 193, relative to the obligation of collective bargaining units to negotiate in good faith. Committee recommends OTP by a vote of 5-0.
SB 195-FN, relative to the purchase of steel products with the Buy America certification. Committee recommends OTP-A by a vote of 5-0.
SB 269, relative to tip pooling and sharing. Committee recommends OTP by a vote of 5-0.

EDUCATION
SB 140-FN, relative to establishing a program for the recruitment of educators. The program would provide financial assistance; specifically, stipends for student teachers and grants for higher education institutions. Committee recommends OTP by a vote of 5-0.
SB 153-FN-A, establishing a first responder career development, recruitment, and retention program, and making an appropriation therefor. Re-refer to committee by a vote of 5-0.
SB 216, making changes to the requirements for civics education and establishing the New Hampshire civics education commission. Committee recommends OTP-A by a vote of 5-0.
SB 217-FN-A, establishing a rural and underserved area educator incentive program for higher education and making an appropriation therefor. Re-refer to Committee, Vote 5-0.
SB 218-FN-A, establishing an early educator professional development grant. This bill would provide professional development grants to educators early in their careers, whether they be new to the industry, a certain role, or certain district. Committee recommends OTP by a vote of 5-0.

ELECTION LAW AND MUNICIPAL AFFAIRS
SB 84, establishing a commission to study property tax exemptions for charitable organizations. Committee recommends OTP/A by a vote of 5-0.

ENERGY AND NATURAL RESOURCES
SB 60, relative to water quality. Committee recommends OTP/A by a vote of 5-0.
SB 79, relative to the participation of customer generators in net energy metering. Permits industrial and commercial entities to qualify as large customer-generators participating in net energy metering. Committee recommends OTP/A by a vote of 5-0.
SB 96, relative to state energy performance contracting. Ensures that any request for proposal concerning state energy performance contracting is free from bias and allows for a fair chance for all applicants to be considered Committee recommends OTP/A by a vote of 5-0.
SB 159-FN-L, relative to permits for the siting of new landfills. Committee recommends OTP/A by a vote of 5-0.
SB 166-FN, relative to electric grid modernization. enables the department of energy to establish an advisory group that will make policy recommendations for modernizing New Hampshire’s electric grid, including appropriate price signals, distributed energy resources, interconnection issues, and transactive energy. It adjusts criteria for an existing distributed energy resources pilot program, provides definitions related to grid modernization, and clarifies that electric vehicles are included in the definition of energy storage. Committee recommends OTP/A by a vote of 5-0.

HEALTH AND HUMAN SERVICES
SB 235-FN, relative to services provided through a primary care behavioral health model. Committee recommends OTP by a vote of 5-0.
SB 239-FN, relative to the use of harm reduction services to treat alcohol and substance abuse. Committee recommends OTP by a vote of 5-0.

JUDICIARY
SB 255-FN, relative to the expectation of privacy. Committee recommends OTP/A by a vote of 5-0.

TRANSPORTATION
SB 52-FN, relative to the regulation and operation of electric vehicle charging stations. Committee recommends OTP/A by a vote of 5-0.

On the Regular Calendar

COMMERCE
SB 145-FN, relative to New Hampshire housing champion designation for municipalities and making appropriations therefor. Committee recommends OTP by a vote of 5-0.

EDUCATION
SB 272-FN, establishing a parents’ bill of rights in education. Committee recommends OTP by a vote of 3-2.

ELECTION LAW AND MUNICIPAL AFFAIRS
CACR 10, the general court. Committee recommends OTP by a vote of 5-0.
SB 132-FN, prohibiting cities and towns from adopting sanctuary policies. Committee recommends OTP/A by a vote of Vote 3-2.
SB 133-FN, relative to changing the date of the state primary election and creates runoff election for federal primary election. Committee recommends OTP/A by a vote of 4-1.
SB 220-FN, modifying the absentee voter registration process, absentee ballot application, and absentee ballot voting process. Committee recommends ITL by a vote of 3-2.
SB 222, relative to the definition of broadband infrastructure as a revenue-producing facility eligible for municipal revenue bonds. Re-refer to Committee by a vote of 4-1.

FINANCE
SB 85-FN-A, relative to emergency behavioral health services and behavioral health crisis programs. Committee recommends OTP/A by a vote of 7-0.
SB 108-FN, relative to participation of the New Hampshire public defender program in the state employee health insurance plan. Committee recommends OTP by a vote of 7-0.
SB 152-FN, relative to New Hampshire workforce training programs. Committee recommends OTP by a vote of 7-0.
SB 202-FN-A, relative to establishing a homeownership innovations fund in the New Hampshire housing finance authority. Committee recommends OTP by a vote of 7-0.
SB 233-FN-A, re-establishing the Special Supplemental Nutrition Program for Women, Infants, and Children (WIC) Farmers Market Nutrition Program. Committee recommends OTP by a vote of 7-0.

HEALTH AND HUMAN SERVICES
SB 36-FN, relative to systems of care for healthy aging. Committee recommends OTP/A by a vote of 3-2.
SB 86-FN, relative to health care workforce development and making appropriations therefor. Committee recommends OTP/A by a vote of 5-0.
SB 237-FN, relative to the child care scholarship program and making an appropriation therefor. Committee recommends OTP/A by a vote of 5-0.
SB 238-FN, relative to the use of telemedicine to treat mental health conditions. Committee recommends OTP/A by a vote of 5-0.
SB 265-FN-A, making an appropriation for the multi-tiered system of support for children’s mental health. Committee recommends ITL by a vote of 3-2.

JUDICIARY
SB 58, relative to arrests without a warrant while in the care of a medical professional on the premises of a residential care or health care facility. Committee recommends ITL by a vote of 3-2.
SB 247, repealing limited liability for manufacturers, distributors, dealers, or importers of firearms or ammunition. Committee recommends ITL by a vote of 3-2.
SB 250, relative to remote participation in government meetings. Committee recommends ITL by a vote of 3-2.

Coming up in Senate Committees

Wednesday, March 15

EXECUTIVE DEPARTMENTS AND ADMINISTRATION,
Room 103, SH
9:15 AM HB 193-FN, relative to administration of the New Hampshire retirement system.

HEALTH AND HUMAN SERVICES, Room 101, LOB
9 AM SB 116, relative to discharge from the secure psychiatric unit of the state prison.

Upcoming Events

Sign up for the DEI workplace innovation challenge hosted by NH Businesses for Social Responsibility.

The Refugee Leadership Development Program provides monthly workshops to refugee and immigrant organizers across the United States. Led by refugees for refugees, this training series is an opportunity to learn more about advocacy tactics being used to advance pro-refugee / pro-immigrant policy on the state and national level, story-telling and narrative shifting, and connecting with resources and local networks to build more welcoming and inclusive communities. Participants who attend a minimum of 3 workshops will receive a Certificate of Participation by We Are All America. Similarly, those who attend every training will be gifted a Certificate of Completion, where the alum of our program will be invited to co-facilitate or propose future workshops.

Weekly on Wednesdays

GSOP Tenant Clinic (for NH Residents) - 1 PM to 4 PM. 1045 Elm Street, Suite 201 in Manchester. Hosted by Granite State Organizing Project. Anyone experiencing housing issues is welcome to stop by for info on renters' rights, how to apply for emergency assistance, help with conditions issues and more. Call Jessica Margeson at 603-668-8250 for more information. We want tenants to feel comfortable knowing they could reach out for all of their tenancy concerns and questions.

Saturday, February 4 to Saturday, April 8

Black Quaker Lives Matter Film Festival & Forum – 1 PM. Hosted by The Black Quaker Project. We are proud to announce the 2023 Black Quaker Lives Matter Film Festival & Forum, a groundbreaking exploration of Black Friends who made a difference throughout both USA and world history.  From February 4 to April 8, we will hold screenings, dedicated to Quakers of Color, over Zoom.

Sunday, March 12

“Youth to Power”: Black Female Activists – 2 PM to 3:30 PM. Temple Israel, 200 State Street Portsmouth. Hosted by the Black Heritage Trail NH. Black Women have been leaders in this country for centuries as abolitionists, voting rights advocates, college founders, civil rights defenders, labor leaders, entrepreneurs, and more. Often, their work to overcome race and gender stereotypes have been seen as unusual or magical, serving to minimize their labor and talent. This closing discussion will feature a group of young BIPOC women exploring where we are culturally as a state and where we want to be heading. Panelists will share how their activism is shaping their world view and hopes for the future.

Iranian Nonviolence: Talking About Dignity & Peacebuilding – 2:30 PM. Join the Iranian Nonviolence Initiative and its founder, Moji Agha (along with Iranians actively engaged in nonviolent struggle inside Iran--on Clubhouse) in a bilingual English-Persian conversation with New Hampshire Peace Action's Amy Antonucci and Will Hopkins about what is happening currently in Iran, focusing on the importance of dignity in peacebuilding. We will discuss the critical role nonviolence is playing in the struggle in Iran (especially among the youth), and the ways Americans and Iranians can work together to ensure a peaceful future for both of our nations.

Tuesday, March 14

Launch of Local Civic Health: A Guide to Building Community and Bridging Divides – 12 PM to 12:30 PM. Hosted by NH Listens & UNH Carsey School of Public Policy. In the same way that doctors conduct an annual check-up to assess our health, we can collect information to assess the civic health of our communities. Civic health includes factors such as how much people trust each other, show up at public meetings, get involved, vote, and help out neighbors. The Carsey School has designed a guide to help people at the local level collect data to better understand what factors bring people together or push them apart. This information can help communities to thrive and strengthen democracy at the local level. Come learn about our 7-part guide including exercises around mapping the different populations who live in your community, evaluating how local spaces build or discourage community, building equity into local engagement processes, and collecting and analyzing data about civic health including surveys, dialogues, interviews, and civic photojournalism.

Wednesday, March 15

Remaking the Economy: Caring for the Care Economy – 2 PM to 3 PM. Hosted by Non-Profit Quarterly. In the past three years, the US economy has revealed an undeniable truth: it runs on care work. This labor, done mostly by women of color, is often made invisible: performed quietly and cheaply by those at the margins of society, who work hard without good pay or protections. How can workers in the sector come together to organize—and counter this tendency of the nation’s economy to devalue care work that is intrinsic to our survival? To explore these questions, this webinar offers three leaders in the care economy, who will discuss these issues from multiple perspectives, including as worker-owners in care-sector cooperative businesses and as policy advocates.

Thursday, March 16

Biden's Proposed Asylum Ban: A Disaster for Children & Families - 5 PM to 6 PM. Hosted by Witness at the Border. How will the Biden administration's proposed Asylum Ban affect migrant children and families? The ban is set to begin in May, as Title 42 (the current rule that holds migrants at bay in dangerous situations across our southern border) winds down. Panelists including Alex Miller, Director of the Immigration Justice Campaign at the American Immigration Council, and Casey Revkin, Executive Director and co-founder of migrant child advocacy nonprofit, Each Step Home, will join Witness at the Border leadership team members to break down: 1) How did we get here and where are we with Biden's proposed Asylum (or Transit) Ban? 2) How would the proposed Asylum Ban have devastating effects on children and families? 3) What can we do to prevent it?

Wednesday, March 22

The Letter: A Message for the Earth: Film Screening & Panel Discussion - 6PM- 8PM Red River Theatres, Concord. Hosted by NH Interfaith Power & Light, the Laudate Si’ Movement, and the League of Conservation Voters. Join us for a community screening of a new documentary about how spiritual values unite us in the face of this planetary emergency. Following the movie there will be a brief panel discussion led by faith leaders to explore how we can work together to bring a better future for our world and our youth. Admission by donation. For more information contact Ruth Heath, 603-724-4343 or ruthmheath at comcast.net

Wednesday, March 29

NH Listens Local People, Local Work, Local Change: Navigating Public Life in a Diverse Democracy  - 4 PM to 5 PM. New England Center, 15 Strafford Ave. Durham or online. Hosted by NH Listens & UNH Carsey School of Public Policy. Join our speaker series that explores practitioners' journey working with communities to generate meaningful change. We will be joined by Andres Mejia, District Director of DEIJ at New Hampshire SAU 16. We'll be asking Andres about his experiences navigating the hopes and expectations of families in building a culture of inclusion in school.

Be well,

Maggie Fogarty and Grace Kindeke 

AFSC’s New Hampshire "State House Watch" newsletter is published to bring you information about matters being discussed in Concord which relate to racial, social, and economic justice. Bookmark https://afsc.org/state-house-watch to read current and past newsletters, including our 2022 End of Session Report. 

The AFSC is a Quaker organization supported by people of many faiths who care about peace, social justice, humanitarian service, and nonviolent change. Maggie Fogarty and Grace Kindeke staff the New Hampshire Program which publishes this newsletter. You can support our work by donating to the NH Program online or by sending a check payable to: AFSC-NH, 4 Park Street #304, Concord NH 03301. Thank you!