State House Watch: March 3, 2023

By Maggie Fogarty and Grace Kindeke

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Yankee Magazine

“Feminism is the struggle to end sexist oppression. Therefore, it is necessarily a struggle to eradicate the ideology of domination that permeates Western culture on various levels, as well as a commitment to reorganizing society so that the self-development of people can take precedence over imperialism, economic expansion, and material desires.” ― bell hooks, Feminist Theory: From Margin to Center

Dear State House Watchers,

Happy Women’s History Month! (Mark you calendars and plan to celebrate International Women’s Day with us in Manchester on March 11!)

Whether it was school vacation, or simply a break from the legislature, we hope you had a relaxing and refreshing week. This issue of State House Watch is an addendum to last week’s issue. It contains the list of bills that will be voted on in the House during the session on Thursday, March 9, as well as an updated list of House committee hearings for next week. Spoiler alert: Next week will be a super busy one!

For all of the Action Alerts, the Senate committee hearings, the bills to be voted on when the full Senate meets on March 9, and the upcoming events, read our February 26 issue here.

Please plan to join 603 Equality, the NH Council of Churches and NH Voices of Faith at the State House on Tuesday, March 7 as we demonstrate our support for the rights and well-being of transgender people in our state. Visibility and a press conference will take place starting at 8 AM, and hearings on five different bills in the House and Senate will be held throughout the day.

Budget watchers will want to review HB 2, the budget trailer bill, which has just been published. This is the companion bill to HB 1, and it includes both policy changes and additional funding proposals. Advocates will remember that multiple harmful policy proposals – censorship of teachers, abortion restrictions, education freedom accounts to name a few – made their way into law through HB 2 during the 2021 budget negotiations. In its current form, you’ll find many funding and policy proposals that merit close scrutiny, including those related to education freedom accounts, prisons, and enforcement at the northern border.  Read more in the NH Bulletin (“8 items in Sununu’s budget that didn’t make his address”), and the Union Leader (“Massive budget trailer puts numbers to Sununu's vision”).

And to help us all to navigate the next phase of state budget negotiations, we recommend these resources from the NH Fiscal Policy Institute:

Examining the State Budget: Unpacking the Governor’s Proposal (February 24 webinar - slide deck and recording)
The New Hampshire State Budget: The Basics and Current Status (February 9, 2023)
The New Hampshire State Budget: A Brief Overview of the Process and Composition (February 9, 2023)
Ten Facts About the NH State Budget (February 1, 2023)

ACTION ALERTS

See February 26 newsletter here.

Next Week in the House

The House of Representatives will be in session on Thursday, March 9 starting at 10 AM. You can watch here. Here are the bills we’re following.

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. Committee recommends OTP/A.
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. Committee recommends OTP by a vote of 18-2.
HB 474-FN, relative to enforcement of federal firearms laws and establishing penalties. Committee recommends ITL.
HB 481-FN, relative to arrest warrants and search warrants. Committee recommends ITL by a vote of 19-1.
HB 549-FN, relative to definitions of domestic violence. Committee recommends ITL.
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. Committee recommends ITL.
HB 588-FN, relative to the criteria for applying for parole. Committee recommends OTP/A.

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

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. Committee recommends ITL.

MUNICIPAL AND COUNTY GOVERNMENT
HB 294, enabling municipalities to adopt a child tax credit. Committee recommends ITL.

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

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 a vote of 11-8.
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. Committee recommends ITL.
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. Committee recommends ITL by a vote of 10-9.
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 a vote of 11-9.
HB 106-FN, relative to extreme risk protection orders. ITL by a vote of 11-9.
HB 216-FN, exempting dimethyltryptamine from the controlled drug act. Committee recommends ITL.
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. Committee recommends OTP/A by a vote of 14-6.

EDUCATION
HB 367-FN-LOCAL, relative to eligibility of students in the education freedom account program. WITHOUT RECOMMENDATION
HB 380-FN, relative to non-academic surveys administered by a public school or a chartered public school to its students. This bill’s focus is to increase student participation in non-academic surveys, thereby increasing the amount of data accumulated in order to create the most appropriate student services. The bill also expands participation to chartered public schools in order to capture the needs of students in non-traditional school settings. Parental safeguards include prior written and electronic notification of the survey, options to review the surveys physically at the school or via the school website at least 10 days in advance of survey implementation, and the ability for parents to opt their child out of the survey either in writing or electronically. WITHOUT RECOMMENDATION
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. WITHOUT RECOMMENDATION
HB 464-FN, relative to eligible students in the education freedom account program. WITHOUT RECOMMENDATION

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. OTP/A by a vote of 11-9.
HB 117, relative to the termination of tenancy at the expiration of the tenancy or lease term. WITHOUT RECOMMENDATION
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. When an eviction notice is based on an intent to renovate, a renter must be provided 60 days’ notice to vacate, be told what work is being done to the unit, and the time frame renovations will take. WITHOUT RECOMMENDATION
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. WITHOUT RECOMMENDATION
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. WITHOUT RECOMMENDATION

MUNICIPAL AND COUNTY GOVERNMENT
HB 154, relative to the adoption of public health ordinances by municipalities. OTP by a vote of 10-9.

SCIENCE, TECHNOLOGY AND ENERGY
HB 92, requiring the adoption of innovative vehicle emissions standards pursuant to section 177 of the federal Clean Air Act. WITHOUT RECOMMENDATION
HB 161, relative to customer generators of electricity as group hosts under net metering. WITHOUT RECOMMENDATION
HB 251, relative to the cost of compliance with disclosure of electric renewable portfolio standards. OTP/A by a vote of 11-9.
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. WITHOUT RECOMMENDATION

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.  Committee recommends ITL by a vote of 10-8.

Coming Up in House Committees

You can watch the House hearings here. You can sign in for House bills here. And you can contact House committees.

Monday, March 6

EDUCATION,
Room 205-207, LOB
9:30 AM Executive Session on HB 528-FN, relative to school lunches and establishing the meals for students fund; HB 552-FN-A-L, relative to making incentive grants for school districts that improve in certain assessment scores; HB 553, relative to school district information on personnel salaries

FINANCE, Room 210-211, LOB
10:00 AM Department of Administrative Services budget briefing on state employee classification and salaries.

FINANCE - DIVISION I, Room 212, LOB
1:00 PM Budget Work Session - Public Employees Labor Relations Board.
2:00 PM Budget Work Session - Department of State; Boxing and Wrestling Commission.

FINANCE - DIVISION II, Room 209, LOB
1:00 PM Budget Work Session.

FINANCE - DIVISION III, Room 210-211, LOB
2:00 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

PUBLIC WORKS AND HIGHWAYS, Room 201-203, LOB
9:00 AM Executive Session on HB 606-FN, requiring construction of state buildings or state-funded projects to contain electric vehicle (EV) charging infrastructure.

Tuesday, March 7

CHILDREN AND FAMILY LAW, Room 206-208, LOB
10:45 AM HB 417-FN, relative to the definition of child abuse.
1:15 PM HB 10-FN, establishing the parental bill of rights.

EDUCATION, Room 205-207, LOB
9:30 AM Executive Session on HB 204, relative to non-academic surveys in schools; HB 371, establishing a commission to evaluate and recommend standards for public schools; HB 427, relative to public comment and inquiry during school board meetings; HB 451, relative to the state board of education prohibition on discrimination; HB 550-FN, relative to chartered public school dissolution; HB 625-FN-L, relative to the calculation of average daily membership in attendance and average daily membership in residence for school districts; HB 629-FN, establishing a student bill of rights. Continued executive session on any remaining bills from March 6, 2023.

ELECTION LAW, Room 306-308, LOB
10:00 AM HB 255, relative to campaign contributions by limited liability companies.
10:30 AM HB 402-FN, relative to prohibiting false statements against candidates.
11:00 AM HB 463-FN, relative to the establishment of an election information portal.
11:30 AM HB 476, enabling the secretary of state to conduct a second recount after an election.
1:00 PM HB 478, relative to ballot order in the general election.
1:30 PM HB 496, relative to the delivery of ballots to nursing homes and elder care facilities.
2:00 PM HB 586, relative to absentee voting due to absence.
3:00 PM Executive Session on HB 179, relative to the definition of electioneering; HB 209, relative to the form required to request an absentee ballot; HB 336, relative to the format of election ballots; HB 387, permitting election ballots to be viewed pursuant to a right to know request; HB 447-FN, relative to the purchase of election equipment; HB 460-FN, relative to eliminating voter identification exceptions; HB 484, relative to the handling of the absentee ballot envelopes prior to election day; HB 495, relative to counting votes; HB 590, allowing the removal of political advertisements containing a candidate’s name and which appear to be the candidate’s advertising on public property by the candidate.

ENVIRONMENT AND AGRICULTURE, Room 301-303, LOB
10:30 AM Executive Session on HB 56, relative to permits for the siting of new landfills.

FINANCE - DIVISION I, Room 212, LOB
9:30 AM Budget Work Session - Department of Justice; Human Rights Commission.
10:30 AM Budget Work Session - NH Council on Developmental Disabilities.
11:00 AM Budget Work Session- Department of Labor.
1:00 PM Budget Work Session - Department of Corrections with Parole Board.
3:00 PM Budget Work Session - Governor’s Commission on Disability.
3:30 PM Budget Work Session - Banking Department.

FINANCE - DIVISION II, Room 209, LOB
1:00 PM Budget Work Session.

FINANCE - DIVISION III, Room 104, LOB
10:00 AM Budget Work Session - DHHS. Division of Long-Term Supports and Services.

HEALTH, HUMAN SERVICES AND ELDERLY AFFAIRS, Reps Hall, SH
10 AM 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.
1 PM HB 368-FN, relative to protections related to receiving gender-affirming health care or gender affirming mental health care.

SCIENCE, TECHNOLOGY AND ENERGY, Room 302-304, LOB
9:00 AM HB 609-FN, relative to energy facility siting.
10:30 AM HB 142, relative to the operation of the Burgess Biopower plant.

TRANSPORTATION, Room 201-203, LOB
10:00 AM Executive Session on HB 570, relative to Real ID compliant New Hampshire driver’s licenses.

Wednesday, March 8

COMMERCE AND CONSUMER AFFAIRS, Room 302-304, LOB
1:15 PM Executive Session on HB 648-FN, relative to establishing a state bank of New Hampshire; HB 645-FN, relative to the establishment of decentralized autonomous organizations as legal entities within the state; HB 173, relative to toilet facilities provided by restaurants; HB 544-FN, legalizing cannabis for retail sale; HB 242-FN, relative to banning PFAS in food packaging; HB 353-FN, establishing an interstate compact for universal healthcare; HB 389, relative to consumer protection relating to hospital price transparency; HB 130, repealing the drug affordability board.

EDUCATION, Room 205-207, LOB
9:30 AM Executive Session on CACR 7, relating to use of money raised by taxation for education. Providing that money raised by taxation may be applied for the use of religious educational institutions; HB 516-FN, relative to freedom of speech and association at public institutions of higher education; HB 61, relative to teaching on discrimination in the public schools and discrimination in public workplaces; HB 104, relative to multi-stall bathrooms and locker rooms in schools; HB 331-FN-L, relative to the income threshold for the education freedom account program; HB 432-FN, relative to participation in the education freedom accounts program; HB 446, relative to participation in the education freedom accounts program by students with disabilities.  Continued executive session on any remaining bills from March 7, 2023.

EXECUTIVE DEPARTMENTS AND ADMINISTRATION, Room 306-308, LOB
10:30 AM HB 127, relative to the declaration of a state of emergency.
11:15 AM HB 339-FN, prohibiting the investment of state funds in any company participating in a boycott of Israel.

FINANCE - DIVISION I, Room 212, LOB
10:00 AM Budget Work Session - Department of Revenue Administration.
1:00 PM Budget Work Session - Department of Natural and Cultural Resources.
2:00 PM Budget Work Session - Department of Environmental Services.
3:00 PM Budget Work Session - Department of Business and Economic Affairs.

FINANCE - DIVISION II, Room 209, LOB
10:00 AM Budget Work Session.

FINANCE - DIVISION III, Room 210-211, LOB
1:00 PM Budget Work Session - NH Veterans Home.
1:30 PM Budget Work Session - DHHS, Facilities Administration, NH Hospital, Glencliff Home, Hampstead Hospital.

HEALTH, HUMAN SERVICES AND ELDERLY AFFAIRS, Room 201-203, LOB
11:00 AM Executive Session on HB 582-FN, requiring the division of vital records to collect induced termination of pregnancy statistics; HB 615-FN, requiring independent audits of reproductive health care facilities; HB 299-FN, prohibiting discrimination in medical care; HB 431, permitting qualifying patients and designated caregivers to cultivate cannabis for therapeutic use; HB 406-FN, relative to parental access to children’s medical records; HB 114, relative to the age at which a minor may receive mental health treatment without parental consent; HB 342-FN, relative to lead testing in children; HB 425-FN, repealing the statute relative to medical freedom in immunizations; HB 277, relative to patients’ right to sterilization treatment; CACR 8, relating to a constitutional right to birth control. Providing that the constitution protects the right to access birth control.

JUDICIARY, Room 206-208, LOB
10 AM Executive Session on CACR 2, relating to reproductive freedom. Providing that all persons have the right to make their own reproductive decisions; HB 88, relative to reproductive rights; HB 224-FN, repealing the criminal and civil penalties from the fetal life protection act; HB 261, authorizing residential tenants to terminate their lease in instances of domestic violence or following a disabling illness or accident; HB 271-FN, repealing the fetal life protection act; HB 346-FN, relative to the right of any infant born alive to appropriate medical care and treatment; HB 533-FN, relative to public school human rights complaints; HB 562-FN, requiring informed consent prior to receiving an abortion procedure; HB 591-FN, prohibiting abortions after detection of fetal heartbeat; HB 652-FN, relative to nonpublic sessions under the right to know law.

LEGISLATIVE ADMINISTRATION, Room 301-303, LOB
1:30 PM Executive Session on CACR 3, relating to recall elections. Providing that the general court may authorize recall elections; CACR 4, relating to compensation for legislators. Providing that legislators’ biennial salary compensation shall be increased; 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; HB 245-FN, relative to the compensation of members of the general court; HB 301, relative to recusal by members of the general court for conflicts of interest; HCR 6, relative to condemning the use of violence against supporters of self-governance.

RESOURCES, RECREATION AND DEVELOPMENT, Room 305-307, LOB
11 AM Executive Session on HB 398 relative to notice of PFAS and other groundwater contamination prior to the sale of real property;  HB 205, relative to testing private wells.

WAYS AND MEANS, Room 202-204, LOB
10 AM Executive Session on HB 15-FN, relative to the rate of the business enterprise tax; HB 100FN-A, to repeal the interest and dividends tax; HB 133-FN, relative to repealing the communications services tax; HB 192-FN, relative to the rate and exemptions of the interest and dividends tax; HB 220, establishing a committee to study the regulatory structure of charitable gaming; HB 450-FN, relative to removing the net operating loss deduction limit on taxable income under the business profits tax.

Friday, March 10

CAPITAL BUDGET OVERVIEW COMMITTEE (RSA 17-J:2),
Room 201-203, LOB
9 AM Organizational/Regular meeting.

CRIMINAL JUSTICE AND PUBLIC SAFETY, Room 202-204, LOB
9:30 AM HB 397, relative to the prohibition of the possession of hypodermic needles by minors.
10:00 AM Executive Session on HB 287, removing testing equipment from the definition of drug paraphernalia in the controlled drug act; HB 470-FN, relative to fentanyl test strips and other drug checking equipment; HB 397, relative to the prohibition of the possession of hypodermic needles by minors.

FINANCE - DIVISION I, Room 212, LOB
9:30 AM Budget Work Session.

FINANCE - DIVISION III, Room 210-211, LOB
2:00 PM Budget Work Session - DHHS, Division of Economic Stability.

Coming up in the Senate

See February 26 newsletter here.

Upcoming Events

See February 26 newsletter here.

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!