By GARRY RAYNO, InDepthNH.org
CONCORD — The Senate Thursday voted down party lines to direct state officials and agents to ignore any federal restrictions or regulations issued in a presidential executive order.
The heated debate had each side accusing the other of supporting lawlessness and striking at the heart of democracy.
“What are we doing here? What we are witnessing around our country is the growth of tribalism,” said state Sen. Lou D’Allesandro, D-Manchester. “We can’t have that, we are one nation, we elect one president, we elect one Congress.”
He said the bill is the latest attempt to resurrect the nullification doctrine which is “null and void.”
Senate Bill 154 would prohibit the state from enforcing a presidential executive order that restricts or regulates the rights of people to bear arms.
Supporters said the bill protects people’s guaranteed constitutional rights on the federal and state level and is at the heart of the state’s character and is one reason New Hampshire is one of the safest states in the country.
“Why do we keep trying to undermine the things that make the live-free-or-die state the live-free-or-die state,” said Senate Majority Leader Jeb Bradley, R-Wolfeboro. “SB154 will protect the rights of New Hampshire citizens to defend themselves and their loved ones. New Hampshire is among the safest states in America because we have effective law enforcement and allow people to exercise their constitutional rights under the 2nd Amendment.”
Supporters said the bill nullifies nothing and instead seeks to protect guaranteed rights and individual protection.
“I did not swear allegiance to a president, I did not swear allegiance to a party,” said Sen. Robert Giuda, R-Warren, “I swore allegiance to a constitution, to two of them.”
But others suggested the bill is more a political statement because there is no executive order in place.
Sen. David Watters, D-Dover, said the bill appears to show people become infected with “what ifism” when a Democrat is elected president. “There is no concern for the constitution or consistency,” he said.
Watters said the people supporting the bill had no concerns when the prior president issued executive order after executive order, many rejected by the courts.
“This is not based on a proposed action and is likely to have no effect,” Watters said, “but to provide some folks with fake attacks during the next election or juice up firearms sales.”
Under another bill approved by the Senate on the same 14-10 partisan vote, the state’s gun line would be abolished and instead the background check for the sale, purchase or transfer of firearms would be done by the Federal Bureau of Investigation using the federal database.
Opponents said the problems with delays for the state gun line run by State Police have been fixed and sheriffs have expressed concerns about a provision requiring them to consult the federal database in returning firearms to someone who has them removed for domestic violence or stalking.
“From the beginning, I have said the goal of Senate Bill 141 has been to reduce government bureaucracy, save taxpayer dollars and reduce infringement on our Second Amendment rights,” said the bill’s prime sponsor, Giuda. “Under this bill, all of those things take place, and just as importantly, the lives and the safety of the citizens of New Hampshire are not jeopardized.”
The bill goes to the House.
Data Collection
The Senators also debated whether racial and ethnic data collection from police actions should be collected and race designation indicated on a person’s license, two recommendations from the Governor’s Commission on Law Enforcement Accountability.
The Senate debated the same issue last month with the same result killing the provision along party lines.
The provision was originally in Senate Bill 96, which contains a number of the commission’s recommendations including judicial training, a fund to encourage local departments to purchase body and dash cameras, changes in juvenile delinquency court system jurisdiction, and agreements with school resource officers.
After the Senate voted to remove the data and license section from the bill last month, commission members, supporters and others objected saying many stakeholders worked hard to refine the provision that is key to the commission’s findings.
Sen. Rebecca Whitley, D-Hopkinton, sought to reinstate the provision.
“Data collection allows agencies to assess the existence of racial disparities and use any findings to acknowledge and respond to the issues appropriately,” she said. “The LEACT commission discussed this issue at length and their recommendations recognized the need for more standardized, transparent record keeping.”
Sen. David Watters, D-Dover, said the state has whitewashed it racial history and that slavery was prevalent in the state for years. He also noted an 1800s publishing firm in Littleton promoted what are now considered stereotyping of blacks that continue to this day.
He noted he and his wife raised an African-American son and “had the talk” with him especially when he began driving and worried when he went out until he returned safely home.
“If black lives matter, you need to count black lives,” he said, noting law enforcement wants to do that. “If they are doing their job, why can’t we do ours?”
But Sen. Sharon Carson, R-Londonderry, said the state already collects the information sought in the data and licensing provision and questioned why the information should be on a person’s license.
She noted there were no legislators on the commission, and members should not expect lawmakers to automatically approve recommendations, noting she had been on commissions whose recommendations have been ignored.
Carson said to put race or ethnic information on a license is chilling and wondered why that is a good idea.
But supporters noted law enforcement sought the provision otherwise they would have to ask a person they stopped for that information.
Such a situation would escalate the tension and anxiety and not de-escalate it, said Sen. Jay Kahn, D-Keene.
The amendment was voted down on a partisan 14-10 vote but approved the bill 24-0.
Sick Leave
The Senate voted down party lines 14-10 to kill Senate Bill 67 which would require businesses in New Hampshire to provide sick leave for their employees.
“When you are sick, you should not be forced to go to work,” Whitley said. “It is bad for you, it is bad for your co-workers and it is bad for your employer.”
She said 70 percent of lower-wage workers do not have sick leave benefits and have to decide between taking time off to recover or take care of a sick family member and their financial security.
That is not a decision someone should have to make, Whitley said.
But opponents said while it is well intentioned, it will help some workers but hurt others.
Bradley said one of the problems is the affordability, while it helps some it could lead to reduced hours, lost jobs or even business closures.
Those outcomes are why the government should not mandate benefits for workers, he said.
The Senate also voted down party lines 14-10 to freeze the minimum wage for tipped employees even if the federal minimum wage increases.
Currently the state minimum wage for tipped employees is 45 percent of the minimum which is $7.25 an hour or $3.27.
The state does not have its own minimum wage and reflects the federal benchmark.
Senate Minority Leader Donna Soucy, D-Manchester, said the minimum tipped wage in surrounding states is at least $2 more than New Hampshire’s.
“What are we saying to those employees who work at tipped jobs,” she asked. “It is saying we don’t value them if we freeze this wage at this level.”
But opponents said if the minimum wage is raised to $15 an hour at the federal level that would double the wage for New Hampshire workers.
Most tipped employees work in the industries most impacted by the pandemic, restaurants and hotels, Bradley said, and increasing the wage would create more problems.
“That would be devastating to a whole series of businesses already pushed to the limit in terms of the pandemic,” he said.
Dental Benefit
The Senate approved a bill that would provide a dental benefit under the state Medicaid program for adults. The program provides a dental benefit for children.
The legislature has tried for several years to introduce the program, but without having the program go into effect.
After the 24-0 vote, Senate Bill 150’s prime sponsor Sen. Cindy Rosenwald, D-Nashua, said she is grateful for the support for the long overdue program.
“SB 150 is a win for public health, workforce development, financial security,” she said, “and will save the state a significant amount of money in long term dental-related health care.”
The Senate tabled the bill after passing it, in order to consider it as part of the budget writing process once House Bills 1 ad 2 go to the Senate, which is expected next week.
Exit 10
The Senate voted 16-8 to remove the Exit 10 tolls in Merrimack along the F.E. Everett Turnpike.
It would be the last of the three Merrimack tolls to be shut down if Senate Bill 117 becomes law.
However, D’Allesandro gave his fellow senators a history lesson about the funding of the turnpike expansion and the three exits and the amount of money the turnpike system would lose if the exit is closed.
He said the closing all three exits will mean a loss of more than $4.4 million a year, at a time when the pandemic reduced travel, decreasing toll revenues.
Over 10 years, he said the lost revenue will total $57 million,
“You can’t run a turnpike with no revenue, it will not work,” D’Allesandro said. “You cannot provide safe, quality roads without providing the resources.”
But the bill’s prime sponsor, Sen. Gary Daniels, R-Milford, said the agreement was when the bonds were paid off for the three exits the tolls would be removed.
“Well, the bond has expired, and now it’s the government’s turn to keep its promise,” he said. “That moves state government one step closer to maintaining its trust with local communities.”
The Senate tabled the bill to include in its version of the budget.
Omnibus Bills
The Senate approved several omnibus bills as well, including Senate Bill 132, which relates to COVID-19 impacts including several funds to help micro enterprise projects, nursing homes and long-term care facilities and live entertainment venues, all impacted by the pandemic.
Senate Bill 149 for a number of health and human services programs and Senate Bill SB 157 which extends a prior appropriation to DHHS for child behavioral health services and requires a report on implementing New Hampshire’s 10-year mental health plan.
The bills were tabled to be included in the budget discussion.
Garry Rayno may be reached at garry.rayno@yahoo.com.