CONCORD – From advancing efforts to create affordable housing and increasing public safety the Senate worked together in a bipartisan fashion to pass a number of bills Thursday.
However, senators divided along partisan lines on other matters, with the Republican majority winning on a bill opposing “sanctuary cities” and the Parental Education Bill of Rights Act.
All bills that passed will now go to the House for consideration, although some will stay in the Senate to be considered first by the Finance Committee before heading to the lower chamber.
HOUSING
Gov. Kelly Ayotte will soon be asked to sign a bipartisan bill establishing a commission to study the New Hampshire Zoning Enabling Act.
House Bill 399 passed the Senate on a voice vote and minutes later the House, which was also in session, voted to support the Senate amended version, meaning the bill now goes to the governor’s desk for her signature.
Numerous polls have found that state residents view a lack of affordable housing as the state’s most important issue right now, with too few homes available.
The state has limited control over this, as cities and towns control zoning. Some communities have been hesitant to open up their zoning maps for more housing, while others are welcoming ideas and trying to create space for more affordable housing.
Business leaders say the lack of housing and its high costs are leading to a lack of workers and they have been supporting a number of bills this session, including this one, which passed easily.
The Senate also voted in a bipartisan fashion to support SB 158-FN, which increases the cap for the New Hampshire Community Development Finance Authority.
Also passed was SB 81, which increases funding to the Affordable Housing Fund by doubling the annual appropriation from the real estate transfer tax from $5 million to $10 million and makes a one-time $25 million appropriation.
Housing Action N.H., in a statement following the vote on SB 158 and SB 81 and three housing bills in the House, said that together these policies will address housing costs, unlock more types of homes in existing neighborhoods and ensure that families, seniors and workers can find an affordable place to live.
Some of these bills will go to the Senate Finance Committee and return to the Senate before they can advance to the House.
Housing Action N.H. Executive Director Nick Taylor said in a statement that “too many people looking to buy or rent a home have been squeezed out by skyrocketing prices and limited choices. By allowing more home types — like accessory dwelling units and manufactured homes — and by boosting funding for affordable housing, these proposals offer hope for teachers, health care workers, service employees and others who wish to live near their jobs, families and support networks. Whether you’re a long-time resident or a young professional starting out, these bills ensure … a place for you. … There is still a long way to go as these proposals move to the other chamber or are considered for the state budget, but there’s no doubt today was a strong, bipartisan step forward.”
The Senate did not take action on one housing bill and will wait for another day on Senate Bill 84-FN relative to zoning procedures. It looks at maximum lot sizes for single family residential units. That bill is being sponsored by State Sen. Keith Murphy, R-Manchester.
Now headed to the Senate after the House voted Thursday are HB 577, allowing homeowners to build detached accessory dwelling units by right, and HB 685, permitting manufactured housing in all residential zones.
PARENTAL RIGHTS
Bills about parental rights divided the Senate along party lines.
Senate Bill 72-FN, which establishes a parental bill of rights in education, passed despite opposition by Democrats and efforts to offer amendments.
The vote was 16-8 and heads now to the Senate Finance Committee.
State Sen. Victoria Sullivan, R-Manchester said this would provide parents one location for all the laws that pertain to their “fundamental right” to raise their children as they see fit.
After the vote, Senator Tim Lang, R-Sanbornton, said in a statement that “Granite State parents have a fundamental right and responsibility to direct their children’s upbringing, education, and care. … Information about a child should never be withheld from parents. Power should be given back to New Hampshire parents, and we must reinforce the idea that parents know what’s best for their own children.”
Democrats have said that there are not enough protections in the bill to consider a vulnerable child who may face abuse or neglect at home after revealing personal information at school, which would be required to pass that information on to parents. It might particularly impact children who are facing gender dysphoria or are considering “coming out” about their sexuality, they said.
The Senate also passed SB 34, which requires parental consent for each new service provided to a student through the Medicaid to schools program. The vote was again 16-8 along party lines.
Sen. Daryl Abbas, R-Salem, said it’s about informed consent.
State Sen. Sue Prentiss, D-Lebanon said it could create an administrative burden on schools, which would have to contact the parent to get additional consent for each service.
WORK REQUIREMENTS FOR MEDICAID
The Senate also sparred over but passed a bill imposing work requirements for Medicaid beneficiaries.
Democrats argued that some recipients would be better off spending their time getting medical treatment or caring for a loved one than at a job which was a requirement for the benefit, but Republicans, who voted in the majority, said work helps get people out of a cycle of poverty.
Senate Bill 134-FN directs the Department of Health and Human Services to resubmit the 1115 demonstration waiver to the federal CMS system regarding community engagement and work requirements under the state Medicaid program. The bill also directs the department to provide annual reports to the legislature regarding the requirement’s implementation.
Sen. Regina Birdsell, R-Hampstead, urged the Senate to support the bill imposing work requirements.
But Sen. Prentiss opposed the bill, saying that when Granite Staters have access to health care, the state has a healthy workforce. Having to choose between getting healthy and going to work should not be a choice people have to make, she said.
She told the story of Michelle Lawrence of Henniker, who shared with the Senate that she did not have a steady income because she had cancer. When the state expanded Medicaid and she got the Granite Advantage, she was able to get better, get a job and get insurance from her new employer.
“We’ve heard it from the people, we’ve heard it from the businesses, we’ve heard it from the hospitals,” Prentiss said.
Sen. Howard Pearl, R-Loudon, said the state prides itself on work, and welfare should be a bridge – not a destination. There are work requirements for other programs, he said, and there will be exemptions built into the waiver which are reasonable.
“I think this is a good bill for our state. I think we have a work shortage,” he said.
Sen. Rosenwald, D-Nashua, opposed the measure, arguing that in the past when there was a work requirement it cost the state $4 million to go after people who did not work, and most could not be found by state employees knocking on doors.
She said 60 percent were already working, at school, caring for elderly family members or sick themselves. She said work is the best way to pull oneself out of poverty, but it could cost the state more than $5 million.
“It’s just not a good use of scarce public dollars,” she said.
On a roll call vote, the bill passed 16-8. It will now go to the Senate Finance Committee.
After the vote, Pearl released a statement that “work requirements for Medicaid will help low-income families by providing them a path out of poverty and significantly improve their living standards. Currently, New Hampshire work requirements are built into the food stamps and the Temporary Aid for Needy Families (TANF) programs. Medicaid should not be treated differently. Work helps families achieve their independence and is a core value in promoting health and wellness. This bill will be a win for our state and help Granite State families access the programs they need across New Hampshire.”
$98 MILLION FOR GROUP II RETIREMENT COLAs
In a bipartisan move and on the recommendation of Sen. Howard, R-Loudon, Senate Bill 242 passed related to cost of living adjustments (COLAs) for the so-called Group II retirement fund for first responders. A copy of the bill is here https://gc.nh.gov/bill_status/billinfo.aspx?id=237&inflect=2
The cost estimated in the bill is $98.4 million to be paid out in 2025.
The bill was unanimously supported by the Senate.
AGGRAVATED DWI ENHANCEMENTS
On a voice vote, the Senate passed a bill that increases the administrative driver’s license suspension period from 180 days to up to one year for drivers convicted of aggravated driving while intoxicated.
Sen. Bill Gannon, R-Sandown, said the state has a 68 percent refusal rate, way above the national average, and studies show that impacts road safety.
Sen. Debra Altschiller, D-Stratham, said she agrees that considering prior convictions is a good idea. But she said the bill allows for no judicial discretion between the six months and one year. This creates a higher penalty than a guilty plea, she said.
Sen. Daryl Abbas, R-Salem, said this is not a penalty but an administrative loss of license.
“This is not even going through the courts,” he said.
PROSTITUTION
A bill which creates an account to benefit victims of sex trafficking, funded by increased fines levied against customers of prostitutes, passed on a voice vote.
The bill would make being a “patron of prostitution” a Class A misdemeanor, with a fine of $500.
Abbas said SB 267 should pass because the fund could help safeguard victims and lift them from their situation. He added a floor amendment to have the funds go to the Department of Justice.
Abbas said there has been a stigma against prostitutes who are forced into the work. He argued, that making being a customer, a Class A misdemeanor would serve as a deterrent, reducing the demand for prostitution, which he called a “drain on our society.”
$29 MILLION FOR DRINKING WATER
The Senate voted by voice to make an appropriation of $28.8 million for the second phase of a Southern New Hampshire initiative to improve drinking water infrastructure. Senate Bill 115-FN was then laid on the table along with many other bills which have a price tag.
SPECIAL PLATES FOR VETERANS
Senate Bill 271 passed relative to qualifications for getting a veteran’s license plate. Veterans who are given general discharge under honorable conditions could get the plates.
ONLINE GAMBLING BILL TABLED
Senator Tim Lang, R-Sanbornton, moved to table a bill regulating online gambling. Senate Bill 168-FN-L looks to regulate online gambling and direct the net proceeds to the education trust fund and the general fund. It also would reimburse municipalities for elderly, disabled, blind and deaf tax exemptions.
COOS COUNTY DECLARED A “DISTRESSED” PLACE
Senate Bill 180-FN, which passed by consent, designates Coos County as a distressed place economically and requires commissioners of state agencies to include input from county commissioners before making regulatory decisions that would affect the county. It also clarifies that agency commissioners must report to Coos County regarding decisions that would result in an economic downturn.
COCKTAILS AT HAIR SALONS AND BARBER SHOPS
A bill which would allow for a one-day liquor license at a reduced price for hair salons and barber shops passed.
LANDFILLS
Also passed without debate, as it was on the consent calendar, was Senate Bill 226-FN, suspending applications for new landfills and establishing a committee to study the feasibility of incinerating solid waste.
Sen. Pearl, on behalf of the Senate Energy and Natural Resources Committee, said the bill pauses the approval for new landfill applications until July 1, 2031, allowing applications to be submitted but not processed.
It does not impact existing landfills or approved expansions on sites permitted before Dec. 1, 2022.
“The bill also creates a committee to explore waste incineration as an alternative to landfills, studying its environmental impact and effects on landfill capacity. The committee would submit its findings by Nov. 1, 2025. The Department of Environmental Services expects higher waste disposal costs, with municipalities potentially paying over $2.5 million more per year,” Pearl wrote.
PUBLIC SAFETY/ SHERRILL’S LAW
The Senate also passed a public safety bill that expands the definition of when motorists must move over for flashing lights.
State troopers gathered in the Senate chambers at the beginning of the session to see it pass Senate Bill 273, aimed at protecting them and other law enforcement officers while they sit in their cruisers on highways in work zones or when there is an emergency.
The bill honors New Hampshire State Police Staff Sgt. Jesse Sherrill, 44, who was fatally struck by a tractor-trailer while in his cruiser on Interstate 95 in Portsmouth on Oct. 28, 2021.
Sherrill’s widow, Nicolle, was present for the vote and received a posthumous commendation for her husband. He was survived by two children as well.
If passed, it will be known as “Sherrill’s Law.” It was sponsored by state Sen. Fenton Donovan, D-Keene.
If signed by the governor, the law will read that “when in or approaching an incident involving a fire, collision, disaster, utility construction or maintenance, or other emergency resulting in partial or complete blockage of a highway, or a location where a police officer has made a traffic stop, or a stopped or standing vehicle displaying warning signals, including vehicle hazard warning lights, road flares, traffic cones, caution signs, or any non vehicular warning signs, every driver other than the driver of an emergency response vehicle, shall: … Maintain a reduced speed and if practical give a wide berth, without endangering oncoming traffic, to public safety personnel, any persons in the roadway, and vehicles displaying blue, red, or amber emergency, warning lights, or a stopped or standing vehicle … obey the directions of any authorized person directing traffic and of all applicable emergency signals and traffic control devices … vacate as soon as possible any lane wholly or partially blocked.”
If signed by the governor, it will take effect 60 days afterward.
Fenton read a proclamation honoring Sherrill’s life and his work as a law enforcement officer.
“He made the ultimate sacrifice while serving our state,” Fenton said.
Investigators later determined the driver of the tractor-trailer failed to move over to the next lane, despite passing at least two advance warning signs and observing multiple warning/emergency lights, according to the indictment filed in the case.
The driver later pleaded guilty to felony charges of negligent homicide and reckless conduct.
“Sherrill’s Law will stand as a vital safeguard for everyone traveling on New Hampshire roadways. This legislation embodies Jesse’s spirit, who passionately believed in the importance of protecting all citizens and visitors of New Hampshire. His memory continues to inspire us, and his dedication continues to drive our traffic safety efforts,” said New Hampshire State Police Col. Mark Hall.
ANTI SANCTUARY CITIES ACT
Also passed although along partisan lines, 15-8, was Senate Bill 71, which provides that unless expressly prohibited by state or federal law, local governmental entities may not prohibit or impede any state or federal law enforcement agency from complying with federal immigration laws. It provides remedies for violations.
It is to be called the Anti-Sanctuary City Act if passed.
“Any local governmental entity that violates this chapter may be subject to action by the attorney general, who may file suit against a local governmental entity in a court of competent jurisdiction for a violation of this chapter,” the bill reads.
“Relief for violations of this chapter shall be determined by the court and may include injunctive relief and punitive damages. Punitive damages may include a fine of up to 25 percent of the total state funds received by the local government entity in the fiscal year when the violation occurred. Any fines collected for violations of this chapter shall be lapsed to the general fund of the state of New Hampshire.”
It would take effect January 1, 2026.