State House Watch: May 22, 2023

By Maggie Fogarty and Grace Kindeke

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On Thursday, May 18, the NH House voted to defeat SB 272, the so-called Parental Bill of Rights.

“We are each other's harvest; we are each other's business; we are each other's magnitude and bond.” ― Gwendolyn Brooks

Dear State House Watchers,

Happy Monday!

We rejoice with all who worked to oppose SB 272, the so-called parental bill of rights that would have endangered the well-being of transgender and all LGBTQ+ students. Thanks to the leadership of 603 Equality, the NH Council of Churches, NH Youth Movement and all who advocated with your Representatives and showed up at hearings and rallies, the bill was defeated in the full House on Thursday by a vote of 195-190. The proposal is ‘indefinitely postponed,’ so it cannot return for consideration until 2025. Read more here.

Linds Jakows, Director of 603 Equality: “Questioning and LGBTQ+ students can breathe a sigh of relief today that schools in New Hampshire will continue to be places where they can safely be who they are. State representatives did the right thing and listened to the voices of LGBTQ+ teens, especially closeted teens with unsupportive families. New Hampshire schools must remain places where all students, including LGBTQ students, can live free and learn.” (Union Leader)

We note that the House Health and Human Services Committee has begun to work on retained bills, a number of which impact transgender people. A full committee work session is scheduled for May 24 to discuss several, including HB 619, prohibiting gender transition procedures for minors, relative to sex and gender in public schools, and relative to the definition of conversion therapy. The work to defend the rights and well-being of LGBTQ+ people is urgent and ongoing.

In more good news from last week, the full House voted to approve permanent reauthorization for the Granite Advantage Health Care Program, also known as expanded Medicaid, a health insurance program for more than 70,000 New Hampshire people. SB 263 passed by a margin of 193-166 after multiple failed attempts to amend the bill with punitive eligibility requirements. Among the defeated amendments was an effort to include the cannabis legalization language that had been defeated last week in the Senate. The bill was referred to the House Finance Committee. Read more here and here.

We were frustrated last week to watch the Senate Finance Committee restore funding to the state budget for the Northern Border Alliance, which is Governor Sununu’s proposal to involve local, county and state law enforcement in border patrol activities, despite the lack of evidence that would support the $1.4 million expenditure. In the same executive session, the Committee also voted to remove the language requiring public notification of immigration checkpoints in NH. Thankfully, the ACLU lawsuit against Customs and Border Protection (CBP) over prior checkpoints in Woodstock, NH was resolved last week with an agreement by CBP to halt checkpoints at that location until 2025. Read more here.

The Senate Finance Committee’s version of the budget could be finalized this week and put to a vote in the full Senate the following week. Since the House and Senate versions differ, a Committee of Conference comprised of House and Senate members will be formed to reconcile differences. We urge the House conferees to remove the Northern Border Alliance and restore the checkpoints notification language. For more budget news, read here and here.

The full Senate also voted to expand eligibility for school vouchers, also known as Education Freedom Accounts, by passing HB 367, although they defeated HB 464 which would have made eligibility automatic for people who fall within certain categories. Read more here and here.

We were dismayed to see that the State of NH removed the Elizabeth Gurley Flynn marker last week, perhaps in violation of the state’s own policies for the treatment of markers. Read more at NHPR. The controversy has become a national story, with coverage in the New York Times and the Washington Post. Learn more about Gurley Flynn’s life and legacy here.

ACTION ALERT

OPPOSE
SB 132, the anti-sanctuary cities bill, will be voted on in Executive Session on Wednesday, May 24 at 10 AM. Please contact the House Municipal and County Government Committee as well as your own Representatives to urge them to oppose this anti-immigrant bill that would require local law enforcement to act as immigration enforcement agents.

Last Week at the State House

Key:
LOB – Legislative Office Building (33 N. State St. Concord)
SH – State House (107 N. Main St. Concord)
TABLED – Laid on the table. A vote to put the bill ‘on the table’ means that no further action will be taken until the bill comes off the table. A 2/3 vote may be required to remove the bill from the table. After Crossover, tabled bills cannot be acted on for the remainder of the legislative year.
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.
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. Occurs when the speaker listens for whether yay or nay is louder (no votes are counted).
DV – Division vote. Votes are counted but names aren't recorded.
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.

Last week in the House

The full House met in session on May 18. Here are the outcomes for the bills we’re tracking.

On the Consent Calendar

CRIMINAL JUSTICE AND PUBLIC SAFETY
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. The bill was removed from the Consent Calendar. The Committee recommendation was OTP/A by a vote of 20-0. The bill was removed from Consent; no vote was taken.

HEALTH, HUMAN SERVICES AND ELDERLY AFFAIRS
SB 238-FN, relative to the use of telemedicine to treat mental health conditions. OTP/A by VV.

JUDICIARY
SB 129-FN, relative to the payment of costs for indigent persons involved in mediation services. OTP by VV.
SB 250, relative to remote participation in government meetings. ITL by VV.

SCIENCE, TECHNOLOGY AND ENERGY
SB 54-FN, relative to purchased power agreements for electric distribution utilities. This enabling bill permits NH utilities to issue requests for proposals (RFPs) to enter into multi-year agreements to purchase energy from new or incremental generation sources proposed after September 1, 2023. Committee recommendation was OTP/A by a vote of 18-0. he bill was removed from Consent; no vote was taken.

­­­WAYS AND MEANS
SB 189-FN, relative to the definition of gross business profits in determining taxable business profits. This bill, as amended, decouples the NH business tax interest deduction from Internal Revenue Code (IRC) section 163(j). OTP/A by VV.

On the Regular Calendar

JUDICIARY
SB 128-FN, relative to payment for legal services for persons involuntarily admitted for mental health services. OTP by RC, 207-177.

RESOURCES, RECREATION AND DEVELOPMENT
SB 164-FN-LOCAL, (New Title) relative to consideration of biodiversity in the land and community heritage investment program. Biodiversity should be considered along with natural, cultural, and historic resources, and in tandem with protections for unique resources such as water and individual endangered species. Tabled by VV.

EDUCATION
SB 272-FN, establishing a parents’ bill of rights in education. Indefinitely Postponed by RC 195-190. The bill is defeated and cannot be brought up again until 2025.

HEALTH, HUMAN SERVICES AND ELDERLY AFFAIRS
SB 32-FN, relative to the opioid abatement trust fund. OTP by VV. Referred to Ways & Means.
SB 85-FN-A, relative to emergency behavioral health services and behavioral health crisis programs. OTP by DV, 271-112
SB 239-FN, (New Title) relative to the use of harm reduction services to treat alcohol and other substance misuse. OTP/A by VV. Referred to Finance.
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. This bill would permanently reauthorize Granite Advantage, New Hampshire’s current expansion program, when it expires at the end of the year. OTP by RC, 193-166. Referred to Finance.
SB127-FN, relative to certain programs administered by the department of health and human services. OTP/A by VV.

Last Week in the Senate

The full Senate met in session on Thursday, May 18 at 10 AM. Here are the outcomes of bills we’re tracking.

On the Consent Calendar

EDUCATION
HB 446, relative to participation in the education freedom accounts program by students with disabilities. This bill amends RSA 191-F:4 III and requires the Bureau of Special Education Support within the Department of Education to notify parents of the rights and services available to their child with a disability. HB 446 is specifically meant to clarify what federal and state regulations applied for a child with a disability placed in the EFA program. OTP by VV.
HB 464-FN, relative to eligible students in the education freedom account program. This bill seeks to expand access to the EFA program by including several additional groups whose eligibility would not be determined by income. Under HB 464, any child who was in foster care, migratory, homeless, disabled, persistently bullied, learning English as a second language, received free or reduced meals, came from a persistently dangerous school, or came from a military family, would be eligible for the EFA program regardless of household income. ITL by VV.

EXECUTIVE DEPARTMENTS AND ADMINISTRATION
HB 421, requiring menstrual hygiene products to be provided to prisoners who menstruate in state and county correctional facilities. OTP/A by VV.
HB 408, relative to foster children and vaccinations. OTP/A by VV.
HB 321-FN-L, relative to minutes from nonpublic sessions under the right to know law. OTP/A by VV.
HB 379-FN, requiring notice be provided to tenants during residential eviction proceedings regarding legal counsel. This bill provides that tenants subject to eviction shall be provided with instructions on the process for contacting and obtaining assistance from New Hampshire Legal Assistance. Re-referred to Committee by VV.

On the Regular Calendar

EDUCATION
HB 367-FN-L, relative to eligibility of students in the education freedom account program. OTP by RC, 14-10.

ENERGY AND NATURAL RESOURCES
HB 142, relative to the operation of the Burgess Biopower plant. OTP by VV.

JUDICIARY
HB 114, relative to the age at which a minor may receive mental health treatment without parental consent. ITL by RC, 14-10.
HB 360-FN, an act legalizing cannabis for persons 21 years of age or older. Tabled by RC, 24-0.
HB 397, relative to the prohibition of the possession of hypodermic needles by minors. Re-referred to Committee by VV.
HB 431, permitting qualifying patients and designated caregivers to cultivate cannabis for therapeutic use. Tabled by RC, 16-8.
HB 473-FN, relative to penalties for controlled drug violations. ITL by RC, 18Y-6N.

Coming up in the House

The House will meet in session on Thursday, June 8. Sessions are also scheduled for Thursday, June 15 and June 29.

Coming up in House Committees

Monday, May 22


EXECUTIVE DEPARTMENTS AND ADMINISTRATION, Room 306-308, LOB
10 AM Public Hearing on non-germane amendment #2023-1915h to SB 207 relative to establishing a committee to study licensure of mental health professionals and relative to mental health critical incident intervention and management The amendment establishes a committee to study licensure of mental health professionals, adds a new definition for “peer support group” to emergency medical and trauma services and critical incident intervention and management, and allows for conditional licensing of clinical mental health counselors and marriage and family therapists

Tuesday, May 23

COMMERCE AND CONSUMER AFFAIRS,
Room 302-304, LOB
11:30 AM SB 85-FN-A, relative to emergency behavioral health services and behavioral health crisis programs

ENVIRONMENT AND AGRICULTURE, Room 301-303, LOB
10 AM Continued Executive Session on SB 61, relative to surface water setbacks for landfills.
10:30 AM Presentation by the NH Department of Environmental Services (DES) about PFAs.

Wednesday, May 24

EXECUTIVE DEPARTMENTS AND ADMINISTRATION,
Room 306-308, LOB
10:30 AM Executive Session on SB 207, establishing a committee to study licensure of mental health professionals and relative to mental health critical incident intervention and management.

HEALTH, HUMAN SERVICES AND ELDERLY AFFAIRS, Room 205-207, LOB
10 AM Full Committee Work Session on HB 264-FN, relative to amendments and corrections to birth records; HB 368-FN, relative to protections related to receiving gender-affirming health care or gender-affirming mental health care; HB 378, requiring a health care provider to inform and offer to take and preserve blood and urine samples from a patient who may have been drugged or sexually assaulted; HB 566-FN-A, relative to establishing a fund for child care workers and early childhood educators at state licensed child care centers; HB 580-FN, establishing a children’s vision screening initiative within the state Medicaid program; 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.

MUNICIPAL AND COUNTY GOVERNMENT, Room 301-303, LOB
10 AM Executive Session on SB 47, establishing a commission to study barriers to increased density of residential development in New Hampshire; SB 132-FN, prohibiting cities and towns from adopting sanctuary policies.

Thursday, May 25

LABOR, INDUSTRIAL AND REHABILITATIVE SERVICES
, Room 305-307, LOB
12 PM Executive Session on SB 42-FN, relative to overpayment of unemployment compensation.
12:30 PM Executive Session on SB 46, relative to electronic payments to employee debit cards. 12:45 PM Executive Session on SB 193, relative to the obligation of collective bargaining units to negotiate in good faith.
1 PM Executive Session on SB 269, relative to tip pooling and sharing.

Friday, May 26

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

Coming up in Senate Committees

Monday, May 22


FINANCE, Room 103, SH
1 PM EXECUTIVE SESSION
Tentative Agency: Department of Health and Human Services

Tuesday, May 23

ENERGY AND NATURAL RESOURCES, Room 103, SH
9:15 AM HB 251, relative to the cost of compliance with disclosure of electric renewable portfolio standards.
9:30 AM HB 211, relative to a report by the department of energy on the effectiveness of the system benefits charge.

Friday, May 26

FINANCE,
Room 103, SH
11 AM Executive Session
Tentative Agency: Department of Education

Upcoming Events

Plan your summer at World Fellowship Center! https://worldfellowship.org/calendar-of-events/2023-07/

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.

Save the date: Juneteenth Celebration 2023 - Reading the Bones: Celebrating the African Diaspora  – Hosted by the Black Heritage Trail NH. A weeklong Juneteenth celebration to honor these early African settlers and their descendants for their extraordinary contributions to the growth of this region. We honor the African traders who interacted with the Indigenous tribal nations long before European settlers landed on these shores. We honor the Africans who survived the Middle Passage and the successive generations of the African diaspora who continue to contribute to the development, wealth, and well-being of New England. The celebration includes a tour, a panel discussion (featuring AFSC staff members, Grace and Fisto), a Reggae festival, a gospel choir concert, African drumming, and more!

Monday, May 22

NH People's Budget Community Conversations - 6 PM  to 7:30 PM. Zoom and Arlington Street Community Center, 36 Arlington St. Nashua. Hosted by the NH Coalition for a People’s Budget. Learn more about the NH People’s Budget and how we can advocate for state resources to better serve our communities.

Thursday, May 23

NH Renews Grassroots Lobby Training - 6 PM  to 7:30 PM. Hosted by NH Renews Coalition. In preparation for our 2023 Climate & Energy Lobby Days we are offering a virtual grassroots lobby training. During the training, we'll offer support with developing and delivering a powerful testimony, and guidance on speaking to legislators about the climate and energy issues that matter most to you. After the training, you’ll have what you need to join us on one or both of our Lobby Days on May 25 and May 30, where we will target legislative committees that focus on the climate and energy policies that impact us all. We strongly encourage anyone planning to attend Lobby Day to join this training. You are welcome to join this training even if you cannot come to Lobby Day.

Wednesday, May 24

Tenant Rights Information Session – 6 PM to 8 PM. Hosted by 603 Legal Aid. Manchester City Library, 405 Pine Street, Manchester. When you rent housing, there are many laws that affect your relationship as a tenant with your landlord. Marta Hurgin, Legal Director for 603 Legal Aid, will present on the topic of Tenant Rights and go over some of the fundamental laws that all renters should know, followed by a Q&A. Following the presentation, renters who need legal assistance can complete an intake with a 603 Legal Aid staff member.

Thursday, May 25

NH Renews Climate & Energy Lobby Days – 9 AM to 5 PM. Hosted by NH Renews Coalition. Join the NH Renews coalition for the first of two lobby days to make our voices heard and show our collective power! We will focus on legislative committees that have influence on bills that impact our utility costs, the energy sources we rely on, and how we cut carbon emissions while ensuring that everyone benefits. Together, we will speak about the climate and energy issues that matter most to us and urge our elected leaders to take bold action for a future in which we can all thrive. No prior experience is needed, just your willingness to speak up for the changes that will impact you and New Hampshire's working families. The coalition will set up the meetings with legislative committees and offer support in preparing for Lobby Day, including a training.

Think Twice Before Calling the Police - 8 PM to 9:30 PM. Hosted by AFSC. Many people have an understanding that police violence targets certain communities and want to avoid calling the police but don’t know what to do in case of an emergency. This is the fourth in a 4-part series that will leave you with concrete skills and strategies to avoid calling law enforcement unless it is absolutely necessary. Recordings of all sessions will be available on our website.

Tuesday, May 30

NH Renews Climate & Energy Lobby Days – 9 AM to 5 PM. Hosted by NH Renews Coalition. Join the NH Renews coalition for the second of two lobby days to make our voices heard and show our collective power! No prior experience is needed, just your willingness to speak up for the changes that will impact you and New Hampshire's working families. The coalition will offer support, training and will set up the meetings with legislative committees that have influence on bills that impact our utility costs and the energy sources we rely.

Sunday, June 4

Community Health Conversation – 3 PM to 6 PM. 200 Bedford St. Manchester. Hosted by Manchester Community Action Coalition. The COVID Public Health Emergency status has ended. What does that mean for our community? Join us as we talk with each other and the Manchester Health Department on the newest information about vaccines and immunizations. Come with your questions, concerns, and ideas about how we can keep our community healthy. Childcare will be available.

Friday, June 9

Convening on Migrant Justice – 9 AM to 12 PM. Ford Foundation Center for Social Justice, 320 E 43rd St, New York, NY. Hosted by AFSC. Join AFSC staff from across our global programs to discuss Quaker approaches to migration and forced displacement. Registration begins at 9 a.m. and the program begins at 9:30 a.m.

Saturday, June 10

NH's First Guns to Gardens Event! – 10 AM to 2 PM. 79 Clinton St, Concord. Hosted by GunSense NH and New Hampshire Council of Churches. Currently, NH law enforcement officials are prohibited by state law from destroying firearms which come into their possession. They are permitted to store the firearms, use them in their own work, or sell them at public auction. Guns to Gardens provides an opportunity for Granite Staters to remove unwanted firearms from circulation by turning them into garden tools. Please join us as a volunteer or as someone who wishes to take their unwanted gun out of circulation!

Healing Justice Workshop – 11 AM to 12:30 PM. Zoom & 15 Rutherford Pl, New York, NY. Hosted by AFSC. Meet young leaders from AFSC's healing justice programs to learn about injustices in the US immigration and criminal legal systems, including how students have used photography, filmmaking, and other forms of art to drive social change and how past participants continue their advocacy today. Join us in person or via Zoom. A link to join will be sent out before the event.

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. 

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!