By Rep. Marjorie Porter, D-Hillsborough

Those who have served in the NH House for a while like to talk about our time-honored traditions and long-standing practices. These may seem baffling to some, but they are so important in keeping the House running smoothly and civilly.

Rules and traditions keep us fair and honest. Knowing things will run as they have in the past, enforcing rules impartially, and holding traditions true, allow us to get our work done in a responsible way. As former Speaker Shurtleff reminded us often, the rules are there to protect both the majority and the minority. We need them to know what to expect from day to day.

I learned the rules of committee protocol from my first committee chair, the Honorable Ed Moran, a long-serving Republican from Bedford. A true gentleman legislator, he led by example. Everyone was treated with dignity and respect, and the rules were explained and followed. From him I learned we were not to debate with the persons testifying before us, but only to ask questions to learn and understand. Debate is saved for executive session. This rule is sometimes hard to follow.

If your only familiarity with political hearings is what you’ve seen coming from Washington on TV, you may be surprised at exactly what happens in Concord. Our processes and tradition are quite different.

All bills filed must have a public hearing and a vote of the full House. After a bill is filed, the Speaker’s office assigns it to the relevant policy committee. The committee chair schedules a public hearing and the date and time are published in the weekly House Calendar. This gives members of the public for and against the bill to rally their troops to present their case.

When it’s time, the Chair opens the hearing, and recognizes the bill’s prime sponsor to “introduce” the bill. This is the chance the sponsor gets to explain why she filed the bill, what problem it seeks to solve, and why we should all look favorably upon it.

Committee members then get to ask questions. We raise our hands and must be recognized by the Chair before we speak. A gentle reminder from the Chair for questions only is sometimes needed. We do try.

When there are no more questions for the sponsor, the Chair calls up others wishing to speak. This can be another legislator, or an expert in the subject matter of the bill, or a member of the public. Sometimes the person testifying hands out written testimony and other supportive documents for us to peruse later.

We listen. We ask questions to understand better.

All this continues until everyone who wants to speak has done so, and the hearing is closed.

On any given day, we can have many hearings, or just a few.

The next step is the committee’s executive session where debate can and should happen, and where sparks can fly. A committee member makes a motion the bill “ought to pass” (OTP) or is “inexpedient to legislate” (ITL) and asks to speak to his motion. He explains why he believes this is the right disposition of the bill. One by one, we raise our hands, are recognized to speak, and give our reasons for or against. We talk about unintended consequences and chilling effects. Our goal is to convince fellow committee members to vote with us. Minds can be changed with a good debate. I know mine has been.

When we’ve all had our say, we take a vote. Majority rules. If the vote is unanimous (a surprising number of them are) a brief report is written to explain the vote to the House, and the bill is placed on the consent calendar, to be taken up as one with all the other unanimously recommended bills.

If the vote is divided, both the majority and the minority write reports, which go on the regular calendar to be taken up on the floor at the next session.

All this takes time, but it should not be a hurried process. Rushing things often results in poor outcomes. NH’s citizens deserve a legislature that is thoughtful in passing its laws, and our traditions here have served us well, I think.

But I’ve noticed a troubling trend in my own committee this term. Traditionally, Municipal and County Government has been nonpartisan, and thoughtful in our deliberations. In the past, when our votes were divided, it was because we differed on policy, and not along party lines.

Of the nineteen members this term, eleven are new to the committee. We’ve heard a lot of bills. There should have been a lot of questions from members learning the ropes and the many aspects of municipal law.

And although the new Democratic members have been asking them, for the most part my new Republican colleagues have not.

When it comes time to “exec” the bills, often puzzling motions are hastily made by my Republican colleagues, but none ask to speak to their motions. Sometimes the motion is to ITL a bill that was strongly supported by all who testified, other times it’s OTP on a bill with strong opposition. Democrats give their reasoning; Republicans are silent.

With no debate, no minds are changed. The resulting vote is along party lines, and we never do find out why.

It’s as though their minds are made up beforehand and won’t be changed. Or, as some of my good Republican friends have admitted to me privately, they are being told how to vote by someone else. Someone who may not have had the benefit of listening and learning at the hearings. Someone who is not familiar with municipal law.

I wish I could tell you my committee is the exception in this, but I am hearing similar tales from others as well.

This is deeply concerning to me, and it should be to you too. Long-standing traditions are being cast aside, and no one knows exactly why. Perhaps it’s because we are meeting remotely, and things will return to normal post pandemic. I sure hope it’s not intentional on the part of the majority.

New Hampshire deserves better.

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