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The Winners and Losers of the New Hampshire Legislative Session

It felt like the last day of school at the New Hampshire State House on June 22. Lawmakers were signing each other’s session books (the political version of yearbooks), shaking hands, and taking pictures together. It had been another eventful legislative session that saw many highs and lows for Gov. Chris Sununu, the first Republican in the corner office in 12 years.

The Republicans didn’t always get along during this legislative session. Remember the defeat of right-to-work legislation and the House failing to pass their own version of a budget earlier this year? Despite the varied ideological depth of the New Hampshire Republican Party, they were able to show they can work together and give Sununu some final wins at the end of the first year of the 165th General Court, including full-day kindergarten and a budget getting passed.

Now, the lawmakers head home for the summer months and it’s time to decide the winners and losers of the session:

 

WINNERS:

With his wife Valerie at his side Republican candidate for governor Chris Sununu speaks to supporters early in the morning Wednesday, Nov. 9, 2016, in Concord, N.H. Sununu said his race with Democratic challenger Colin VanOstern was too close to call. (AP Photo/Jim Cole)

Gov. Chris Sununu: As much as Democrats wanted Sununu to not do well his first term in office, several of his campaign promises and policy priorities made their way through the legislature and became law. One of his first wins in office came from the repeal of a license requirement for concealed carry firearms. It was something he said he would do on the campaign trail, and it got done within the first two months of his term.

That’s not to say that Sununu didn’t have some setbacks during the legislative session. The governor, who didn’t have prior legislative experience before taking office, saw the defeat of right-to-work under his watch and the House failed to pass a budget for the first time in recent memory. Some critics claim Sununu could have done more to get right-to-work passed, but the Republican infighting revealed a divided party that would prove difficult for GOP leadership to navigate.

With the budget, Democrats attempted to paint Sununu as not in control of his own party, but Sununu actually stood as the most to gain from the House’s failure. The House cut several of Sununu’s budget priorities in its version, but when the Senate drafted its own budget, it used Sununu’s proposal as a guide. What was ultimately passed at the end of June was a compromise of House, Senate, and Sununu’s priorities.

On the final day of the session, Sununu also saw the passage of full-day kindergarten and a key school choice bill. It might not have been a perfect process, but the governor saw several items from his policy wish-list reach his desk.

 

Marijuana: For several years, New Hampshire has been the only state in New England that still criminalized possession of small amounts of marijuana. For many lawmakers, they saw a connection between the rampant opioid crisis and marijuana being used as a potential gateway drug. Historically, the Senate has voted down various bills relating to looser pot laws, but advocates fought long and hard to see marijuana decriminalization passed. After compromising with the House on an amount, the Senate finally found a bill that it could handle.

In June, the legislature decriminalized three-quarters of an ounce of pot and Sununu signed it into law. Marijuana advocates applauded lawmakers for taking the first step, although they are continuing to work toward full legalization.

 

Libertarians: The Libertarian Party of New Hampshire had a banner election year in 2016. It obtained 4 percent of the vote in the gubernatorial election to qualify for the ballot in 2018. It also had three sitting lawmakers switch their party affiliations from Democrat or Republican to Libertarian. The last time the Libertarian Party had an official caucus in the State House was in the 1990s when it had four members.

While Libertarians haven’t been the deciding votes on any controversial bills during the session, it is clear that some members of the major parties are unhappy within their own caucuses. The Libertarian Party needs to garner 4 percent of the vote again in 2018 to remain on the ballot, but with political partisanship at an all time high, voters could see Libertarians as a more moderate choice. That’s how many Granite Staters felt when they voted for Libertarian presidential candidate Gary Johnson over Republican Donald Trump and Democrat Hillary Clinton.

 

 

Gov. Chris Sununu signs HB 262, declaring the common blackberry to be the berry of the biennium. (Image Credit: Gov. Chris Sununu’s office)

Blackberry and painted turtle: Every year, the state’s fourth graders learn how the state government works, and every year, legislation gets filed on their behalf. This year, lawmakers saw a bill from students at Simonds School in Warner naming the blackberry the official state berry of the biennium. It made its way through the House and Senate, and Sununu signed the bill in June.

Another group of students from Main Dunstable School in Nashua wanted the painted turtle to be the official state reptile for the biennium. That bill was also signed by Sununu.

It’s an annual tradition at the State House and while some lawmakers believe it’s a waste of time, some say it’s a good opportunity to get students involved and interested in the political process.

Of course, no one will forget the time in 2015 when students in Hampton Falls proposed making the red-tailed hawk the state raptor and a lawmaker suggested the creature would be a better mascot for Planned Parenthood. That became a national news story.

Luckily, no incidents like that happened this year. And Sununu enjoyed snacking on some blackberries with the fourth-grade students when he signed the bill into law.

 

LOSERS:

Democrats: The New Hampshire Democratic Party struggled to find its footing this year. For the first time since 2010, Democrats were fully the minority party in the State House — Republicans had majorities in the House, Senate, Executive Council, and the corner office. The party couldn’t decide if it wanted to work with Republicans or be the party of resistance to their agenda.

Their lack of a mission or agenda was evident in the legislature. While Democrats banded together to help defeat right-to-work and the House’s budget, there were times when some members disagreed with party leadership and voted their conscience. When it became clear that it was very likely that a budget wouldn’t be passed in the House, some Democrats advocated for at least passing something on to the Senate.

While Democrats have long pushed full-day kindergarten, they didn’t like that the final bill tied its funding to the lottery game Keno. Most Democrats voted against it, and that could be a major policy issue when they face reelection next year.

But the question still remains: will Democrats work with Republicans in the next legislative session in January or will they resist? National politics will definitely influence their decisions, and it will also be an election year. More partisanship is likely.

 

Right-to-work: The bill called for prohibiting unions from charging fees to nonmembers for the costs of representation, but even in a GOP-controlled legislature, Republicans couldn’t get the votes. A lot of different factors went into its defeat in the House, including disagreements between Sununu and House Speaker Shawn Jasper, as well as some Republicans who are part of unions or know people in unions. This was a major bill that some lobbyists and advocacy groups pushed for, including the Koch-funded Americans for Prosperity-New Hampshire. Simply, the votes were not there and lawmakers voted to not bring up the issue again until at least 2019, but expect to see another bill if the GOP retains its majority in the legislature.

 

Transgender advocates: A controversial gender identity nondiscrimination bill was tabled in the House, much to the dismay of transgender advocates. The bill would have prohibited discrimination based on gender identity, extending gender identity the same protections under state law that exist for age, sex, sexual orientation, race, or creed. The protections would have applied to discrimination in housing, employment practices, and public accommodations.

House Speaker Shawn Jasper and other members of the GOP leadership sought to kill the bill, or at least get it off the agenda for the session. Their issue with the legislation mirrors the Republican opinion at a national level — the bill would have allowed transgender people to use the restrooms of their choice.

Advocates are hoping the bill could be resurrected next year.

 

Opioid crisis: The drug epidemic still has its grips on the Granite State, which is ranked as the second hardest hit state by per capita overdose deaths in the nation. Lawmakers passed some bills to help curb the crisis, but as with any legislative process, it can take a while for treatment and recovery centers to receive the necessary funds to make a difference.

The state is also now dealing with the rise of carfentanil, a synthetic opioid that is is so potent that it’s not intended for human consumption. It’s 100 times more potent than fentanyl and is commonly used to tranquilize elephants. There’s still a backlog at the state’s crime lab to investigate due to the increase in the number of drug overdose deaths.

While lawmakers seek political solutions for ending the crisis, advocacy groups say more creative solutions are needed, but it appears that the end of the epidemic is still not in sight.

 

UNDECIDED:

House Speaker Shawn Jasper (Photo Credit: Speaker Shawn Jasper Facebook page)

House Speaker Shawn Jasper and House Freedom Caucus: The conservative caucus threatened to kill the state budget unless their priorities were included. None of its members were on the conference committee to have a say in final negotiations, but House Speaker Shawn Jasper reached out to members to market the budget as a conservative one. Ultimately, some House Freedom Caucus representatives voted for the budget due to its inclusion of anti-abortion language and business tax cuts. But, Jasper’s control over the speakership is still in question. With defeats of right-to-work and a House budget, some representatives are questioning his ability to lead. If the GOP retains control in the House, expect several people to challenge him in 2018 to be speaker.

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NH Republicans Work Together to Pass State Budget, Full-Day Kindergarten

In two legislative victories for Gov. Chris Sununu, he saw Republicans unite to pass a state budget and full-day kindergarten. The New Hampshire House and Senate met Thursday for the final session of the legislative year in their respective chambers, and behind-the-scenes negotiations on the budget led to a win for the NH GOP platform. An $11.7 billion biennium budget is on its way to Sununu’s desk for his signature.

The scene was a joyous one for Sununu and Republican lawmakers in the Executive Council chambers at the State House after the budget vote. As Sununu walked into the room, cheering and applause broke out to celebrate their victory.

“Absolutely a big win, a big win for New Hampshire,” Sununu said after the vote. “People sent us to Concord to get a job done and we did it. And we did it the right way, we brought folks in and we listened and we talked, we kept working it the best we could and we came out with what I think is incredible progress for the state of New Hampshire.”

The Senate passed a committee of conference spending plan on a party-line vote of 14-9 in its Thursday morning session. About an hour later, the House passed the same budget on a roll call vote of 198-169. Only 14 Republicans voted in opposition and five Democrats supported the budget.

The margin of passage was wider than many people expected. Just a week ago, the fate of the budget in the House was uncertain, after conservatives tanked an earlier version of the budget in April. After some wheeling and dealing with Sununu and GOP Senate leadership, members of the conservative House Republican Alliance and House Freedom Caucus said while it was an imperfect budget, it was something that had some benefits for Granite Staters.

“Although the caucus as a whole is still concerned about the level of spending, there are definite benefits for the NH taxpayers,” the Freedom Caucus said in a statement. “The majority of our caucus members were able to support the budget in order to bring these benefits to our constituents.”

The business tax cuts added by the Senate were a significant factor in motivating the conservatives to vote in favor of the budget.

“There are many Republican leaders to thank for the passage of this bill — [House] Speaker [Shawn] Jasper, Senate President [Chuck] Morse, and Governor Sununu united the party in Concord and ensured passage of this Republican budget,” said NHGOP Chair Jeanie Forrester. “Republicans of all backgrounds and stripes united to pass this budget and ensure a stable and bright future for the State of New Hampshire. This shows that when Republicans are united, Republicans win and New Hampshire is better off for it.”

A companion bill that made the policy changes reflected in the budget also passed the Senate by a 14-9 margin and in the House by a vote of 212-161.

The companion bill included a phase-in of business tax cuts, elimination of the electricity consumption tax, and authorization of online lottery games. The budget will take effect on July 1, the first day of the new state fiscal year.

While Republicans claimed a win for their legislative agenda, New Hampshire Democratic Party Chairman Ray Buckley sent a fundraising email to supporters, blasting the GOP-backed spending plan.

“Gov. Sununu’s reckless and dangerous budget will take New Hampshire’s progress and turn it into disrepair,” Buckley said. “Republicans assume New Hampshire’s problems will just fix themselves. That’s not leadership, that’s ignorance. Let’s work together to make sure we have the state government we deserve in Concord.”

Later in the day, the House and Senate also passed another of Sununu’s policy priorities: funding for full-day kindergarten. The funding starts with state dollars, but after two years, it would be funded from revenue generated by newly authorized Keno.

Over the legislative session, Sununu stuck by his campaign promise to see full-day kindergarten come to fruition. He called for it in his budget, stood by his pledge after House Republicans stripped its funding from their budget, and then applauded once the Senate revitalized it as a standalone bill. He showed his flexibility when the policy and funding levels changed each time and while the final bill was not what he originally intended, he called it a “first-step.”

The House overwhelmingly passed Senate Bill 191 on a roll call of 251-111. The Senate vote was 15-8, with 12 Republicans and three Democrats in favor, and two Republicans and six Democrats opposed.

It was a difficult bill for some lawmakers to stomach tying online gambling revenue to education. For Sen. Lou D’Allesandro, D-Concord, he’s been a longtime advocate of casino-style gambling in the state, but he voted against the bill since he didn’t believe the two issues should be linked.

On the opposite end, Senate Majority Leader Jeb Bradley is not a big supporter of Keno, but he voted in favor of the bill to invest more in early education.

Still, the bill made it through the legislature and is headed to Sununu’s desk, who applauded its passage and declared that he is “the first governor” to deliver a full-day kindergarten.

“The investments made today will give New Hampshire’s children a strong foundation for tomorrow’s future,” he said. “I am proud to be the first governor to deliver a real full-day kindergarten program for communities across our state, which will close the opportunity gap and provide students, regardless of their economic status, an extra step up as they enter the first grade. Full-day kindergarten is good for children and families, and a critical tool in retaining our future workforce.”

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NH House Republicans May Have Enough Votes to Pass State Budget With Conservative Approval

After weeks of uncertainty and negotiations, it appears the Republican-controlled legislature could have enough votes to get the state budget passed Thursday, after key conservative groups indicated they intend to vote in favor of the spending plan.

Both the House and Senate are voting on an $11.7 billion, two-year spending plan negotiated by a committee of conference earlier this month. The Senate is expected to approve the compromise, but its fate is less certain in the House.

Gov. Chris Sununu, NHGOP Chair Jeanie Forrester, and House Speaker Shawn Jasper have been quietly making the rounds to appeal to the conservative caucuses in the New Hampshire House. The House Republican Alliance and House Freedom Caucus had concerns about increasing spending over the previous biennium. GOP leadership appears to have quelled those worries after business tax cuts were approved in the final version of the state budget during the conference committee between the House and the Senate.

No members from the two conservative blocs sat on the budget conference committee, which also harbored some bitter sentiments from representatives.

“While the caucus as a whole, finds the level of spending objectionable, we were able, with the cooperation of the Senate, to craft a bill that will have some positive outcomes for New Hampshire taxpayers, and businesses,” said Rep. Anne Copp, R-Danbury. “Many of these points were clear objectives for the [Freedom Caucus] when we went to House leadership in the early stages of the budget process. It is unfortunate that some of House leadership chose to exclude us from the process.”

At first, it was unclear if House GOP leadership would choose to work with the Democrats or conservatives to get a budget passed in the chamber. After anti-abortion language was added to the bill in the conference committee, Democrats said they would oppose the budget.

“What businesses need, with one of the lowest unemployment rates in the country, is a well-qualified workforce, to maintain our quality of life in the Granite State and a sound infrastructure. It isn’t a tax cut,” said House Minority Leader Steve Shurtleff at a Wednesday press conference with more than 30 other Democratic lawmakers.

With their entire caucus planning to vote against the budget, House Republicans cannot afford to lose more than 25 to 30 votes within their own party, depending on how many of the 400 representatives show up to vote.

The conservatives led the defeat of the House’s original budget proposal in April, after 32 Republicans joined Democrats to vote against the plan. It was the first time since at least 1969, when records were first kept, that the House failed to produce a budget to pass on to the Senate.

Despite several conservative endorsements on the final version of the budget, they are not giving the credit to Jasper. The speaker and conservatives have not exactly seen eye-to-eye on many issues this legislative session. Some even blamed him for not getting a budget passed in April because Jasper didn’t give in to their demands. For the budget that came out of the conference committee, some conservatives attributed their change in position due to the governor and Senate leadership.

“The Freedom Caucus cannot thank the Governor and Senate Leadership enough for the work they have done to deliver a budget that is more fiscally responsible, often having to fight House leadership to lower spending and reduce taxes,” said Rep. John Burt, R-Goffstown. “There can be no doubt that it is a bizarre situation when the Senate President and Senate Finance Chair have to work to bring the House Republican caucus together, but that is precisely what happened, and this budget undoubtedly would have collapsed without their efforts.”

Senate Finance Chair Gary Daniels, R-Milford, said he was pleased to hear that members of the House Republican Alliance and House Freedom Caucus would vote for the budget.

“It was important to the process to have input from these legislators regarding elements they felt needed to be included in the proposed budget, and their interaction helped shape the final product,” he said. “What we achieved is a budget that is good for New Hampshire and provides resources for a strong economic future by balancing key priorities, providing personal and business tax relief and growing the state’s rainy day fund, while keeping overall state spending within responsible levels.”

There are still some conservatives that plan to vote against the budget, but whip counts total defections at no more than 25 members. Still, it’s expected to be a close vote and Sununu was optimistic, yet cautious.

“You never get anything by raising your voice and threatening,” he told New Hampshire Public Radio. “No, open positive listening. And when you bringing people in and talking to them and you are opening, and listening, it’s amazing what you can get done.”

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House, Senate Finalize State Budget in Conference Committee. Full Votes to Come Next Week.

After four days of back-to-back negotiations between the New Hampshire House and Senate, lawmakers on the state budget conference committee finally decided Wednesday on an $11.7 billion two-year spending plan. Although its widely expected to pass the Senate, there is still a chance that it could fail in the volatile House.

“This is a budget the legislature and the people of New Hampshire can be proud of,” said House Speaker Shawn Jasper after the committee approved the final version of the budget. “This budget provides resources to address the opioid crisis, mental illness, and domestic violence, includes several reforms to state government, and keeps spending in check. We’ve achieved a balance that ensures our citizens will have access to services they need while reducing the tax burden.”

Whether it will garner enough Democratic or conservative votes remains to be seen. Democrats claim Republicans are not spending all of the revenue available to the state and criticize that a workforce training proposal, known as Granite Workforce, was cut from the budget. It would have provided training and wage subsidies for certain types of workers since the state is dealing with a worker shortage.

“Democrats have made it very clear: we will not support a budget that asks working people to dig further into their wallets while the elite get more handouts,” said Senate Minority Leader Jeff Woodburn. “Unfortunately, our efforts to stand up for everyday people have been rejected at every turn. The reality is that this Trump-like, Republican budget agreement caves to the wealthy elite and ignores those who are most in need.”

Also, Democrats still don’t like that language was added to the budget that prohibits the state from giving money to health care facilities to provide abortions, which indicates that House Democrats are most likely not going to vote in favor of the budget in the full session next week.

State Reps. Al Baldasaro, R-Nashua, and Debra Altschiller, D-Stratham, brought up that issue on Twitter.

Little has changed from the Senate version of the budget passed last month, with a few notable exceptions. The new budget includes an amendment mandating new work requirements for people enrolled in the state’s expanded Medicaid program. Low-income adults would have to work, attend job training, or go to school for at least 20 hours per week to qualify for the New Hampshire Health Protection Program. If the federal government rejects the work requirement, as it did last year, expanded Medicaid would end by 2018.

Some advocacy groups, like New Futures — which focuses on mental health, substance abuse, and children issues — were critical that an amendment in the budget would allow the governor to divert money away from the state’s Alcohol Fund, which is used for substance abuse treatment, prevention, and education programs. The governor would be allowed to reach into the fund to help pay for operations at the state’s juvenile detention center in case of emergencies after approval from the fiscal committee.

“Weakening the addiction treatment system in the midst of New Hampshire’s devastating opioid crisis will place the lives of people struggling with addiction at risk,” said Linda Saunders Paquette, CEO and president of New Futures. “This irresponsible decision by the committee cannot be overstated, and will be felt for years to come, as our public health crisis will only intensify without long-term sustainable investments.”

The budget includes cuts to the state’s businesses profits tax and business enterprise tax, but lawmakers also eliminated the electricity consumption tax, which generates about $5.5 million for the state each year.

“This budget also eliminates the Electric Consumption Tax, helping our state move in the right direction to reduce the burdensome electric rates paid for by homeowners and businesses,” said Senate Finance Chair Gary Daniels, R-Milford. “By making changes that will result in lower monthly bills, we put money back in our employer’s pockets and create an improved, lower cost state to run a business.”

With these tax cuts, House GOP leadership is hopeful that enough members of the conservative House Freedom Caucus join in supporting the budget. The caucus still has concerns that the state spending levels are too high, indicating that some of its members will probably vote against it.

The House needs a majority to pass the budget and they need conservative support in order to do that. Jasper said he is optimistic the budget will get passed in the House next week. Behind the scenes, top GOP officials are starting to whip votes in order to make sure that it happens.

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How Abortion, Taxes Could Determine the Fate of the N.H. State Budget

New Hampshire lawmakers only have until Thursday to finalize what the final state budget will look like for the next biennium, but there are two issues that could hurt its chances of getting passed in the full House.

One of the policies is not even related to monetary funds, it’s about a family planning contracts provision that was hotly contested in the Senate version of the state budget last month.

The Senate added language to its budget prohibiting the state from giving money to health care facilities to provide abortions. Republicans argued the language simply codifies current practice under the federal Hyde Amendment, but Democrats called it an attack on women’s health.

“The decision by House conferees to accept the Hyde amendment as part of the state budget proposal is a completely unnecessary attack on women’s health,” said Rep. Mary Jane Wallner, D-Concord, ranking Democrat on the House Finance Committee and a budget conferee.

“Because federal law already prohibits the use of tax dollars on abortion services, this amendment is a political statement, not a budget statement,” she added.

A conference committee is working to compromise on differences between the $11.8 billion budget passed in the Senate and an $11.9 billion spending plan proposed by the House Finance Committee that was eventually rejected by the full House after conservatives voted against the budget with Democrats.

Wallner blasted Republicans for sneaking the provision into the budget without public input.

“These provisions never received a public hearing in either the House or Senate, in direct violation of the legislative process,” she said. “If Republican lawmakers are going to turn the budget process into a partisan debate over social issues, the least they can do is follow their own rules and be transparent about it.”

Budget writers began hammering out the details in the conference committee on Friday, with less than a week to submit a budget report by Thursday, so both legislative chambers can vote on the final version of the state budget by June 22. The current fiscal year will end on June 30.

The move to include the abortion provision signals that House GOP leadership is looking to work with conservative members, instead of Democrats, to get a budget passed. Several Democrats in the House have reportedly called the provision a “deal breaker” and if it’s included in the final version, they will vote against it.

The Senate, since it’s a smaller body of 24 members, is not as politically divided as the 400 legislators in the House. The House has several different caucuses, all wanting something different out of the state budget.

In April, the House failed to pass its version of a budget for the first time since records were kept in 1969. Members of the conservative House Freedom Caucus sided with Democrats to defeat the plan crafted by House GOP leadership citing that spending was too high and there weren’t enough tax cuts.

The Senate version included cuts to the state’s business profits tax and business enterprise tax. House Speaker Shawn Jasper took to Twitter to indicate his support for these cuts.

But the House Freedom Caucus and one of its members, Rep. Victoria Sullivan, R-Manchester, asked if those were the only tax cuts planning to be included in the final version.

With more, or other, tax cuts in the state budget, conservatives could be more inclined to support the GOP-led spending plan. Yet, if the abortion provision and no tax cuts are included in the final version before the House next week, there might not be a budget passed before the end of the fiscal year, which means lawmakers would need to pass a continuing resolution to fund the state government at its current levels and then come back to negotiate a budget again in the fall.

A lot could still happen in the final negotiation days.

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N.H. House Freedom Caucus Left Out of Conference Committee for State Budget

After the New Hampshire Senate passed its version of a state budget last week, it was expected the House would request a Committee of Conference, so it could ultimately have a say in the final budget negotiations. House conservatives, who led the charge to defeat the budget in April, were hopeful that Republican leadership would finally cooperate with their list of demands. Yet, representatives of a conservative caucus were disappointed Tuesday after House Speaker Shawn Jasper appointed none of its members to the conference committee, putting the fate of the state budget in jeopardy.

Acting under a recess rule, the House non-concurred Tuesday with the Senate version of the biennium budget and Jasper, R-Hudson, appointed members to a conference committee.

He named to the committee himself, House Majority Leader Richard Hinch, House Finance Committee Chairman Neal Kurk, Rep. Lynne Ober (R-Hudson), Rep. Karen Umberger (R-Kearsarge), and Rep. Mary Jane Wallner (D-Concord).

The conservative House Freedom Caucus criticized the conference committee because its members are “the same House leadership that led the House budget to fail in April.”

“With less than two weeks to go to the final House session, it is critical that the House leadership find a way to work with all of their members. However, the message that the House is sending in these negotiations when they put forth leaders who were so utterly clueless about the budget in April is they are only interested in more of the same. This is short sighted at best,” said Rep. JR Hoell, R-Dunbarton.

For the first time since at least 1969, the House failed to pass a budget on to the Senate. The Senate Finance Committee used Gov. Chris Sununu’s budget proposal as a starting point, but it also took into consideration some of the House Finance Committee’s spending plan. In last week’s Senate marathon budget debate, a trailer bill accompanied the budget to specifically incorporate the failed House budget “for purposes of committees of conference.”

During a conference committee, a selection of House and Senate members work to compromise on the specifics of a bill. A conference committee report would be sent to the House and Senate for final approvals. That’s where it can get dicey, especially in the House.

The House Freedom Caucus was instrumental in the demise of the budget in April. The group didn’t like that spending increased over former Democratic Gov. Maggie Hassan’s budget and that the House GOP leadership’s budget lacked tax cuts. If the Freedom Caucus can convince other conservatives or on-the-fence Republicans to jump ship, the budget could die in the House.

“The definition of insanity is doing the same thing over and over again and expecting different results,” said Rep. Anne Copp, R-Danbury, and a member of the House Freedom Caucus.

“By putting the same leadership on the committee of conference that led to a budget that failed by over 85 votes, the state is being set up for having no budget that can pass the House later this month,” she added. “We need a fresh start to begin the processing of a truly fiscally responsible budget, not the same group that offered a reckless spending increase.”

Jasper has not publicly responded yet to the criticisms from the House Freedom Caucus. Last week, Jasper sent an email to caucus members asking to sit down and discuss the budget with them on Tuesday and Wednesday this week.

“It is important at this point in the process that we hear your concerns and find areas where we share common ground,” he wrote. “Ultimately, we hope to be able to reach agreement on the major issues, which would be extremely helpful prior to the state of the budget committee of conference.”

Jasper told WMUR in an earlier story that a conference committee was needed to make passing a budget easier.

“The reason was simply that if the Senate hadn’t agreed to do that [a conference committee], we would have been amending our positions on the budget and…onto Senate bills everywhere possible in order to be able to preserve those positions,” he said. “The Senate realized that to have done it in that way would have made the committee of conference process very, very difficult.”

Yet, conservatives say its unfair to have the failed House budget included in conference committee discussions.

“How can the Senate or Governor even begin to approach a committee of conference knowing that there isn’t much chance that the House conferees can pull together a majority of the body?,” said Rep. James McConnell, R-North Swanzey. “This is a recipe for disaster and is something that we can all see coming.”

If either chamber fails to approve the budget, a continuing resolution to maintain spending at its current levels would likely occur, at least until a full budget is passed. Republicans only hold a slim majority in the House and even a small number of “nay” votes could spell doom for the budget if Democrats also oppose it.

Only one Democrat has been appointed by the House to sit on the conference committee. Democrats in the House and Senate have been critical of the GOP budget, but when it comes time to vote, some could change positions and vote in favor of a budget out of fear that the chamber would come up short again. They could also band together against the budget and watch the Republicans’ infighting, hoping that helps them in next year’s elections.

Senate President Chuck Morse is expected to announce his budget conference committee members on Wednesday.

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Senate Passes State Budget, But There Could Be Trouble Ahead in the House

In a 10-hour marathon session, the Republican-led Senate approved an $11.8 billion state budget, defeating all Democratic attempts to increase spending in mental health, social services, and education. The budget ultimately passed on a 14-9 party line vote.

The spending plan changed very little from what the Senate Finance Committee put forward, but concerns and praise for the budget fell on party lines. Republicans applauded the money going to help the mental health crisis in the state, but Democrats disagree, saying the budget doesn’t fund critical social services.

Some of the budget’s highlights include expanding mental health treatment beds, creating a new student scholarship program, and cutting the state’s business taxes.

“What we’ve developed is a budget that serves the citizens of New Hampshire, but lives within our means,” said Senate Finance Committee Chairman Gary Daniels. “I believe we have achieved an appropriate balance between the two and we’ve done a lot to get us to this point.”

Democrats put forward more than two dozen amendments to increase funding for child protective services, adding nurses to New Hampshire Hospital, making Medicaid expansion permanent, funding full-day kindergarten, and increasing the budget for the state university system. They argue that the state can spend an additional $45 million since the budget’s revenue estimates are too low.

“It creates an artificial, trumped-up surplus to sell the biggest Republican ruse of all, that slashing taxes for the rich will grow revenues and improve lives for poor, middle-class people,” said Senate Minority Leader Jeff Woodburn.

“I recognize and respect my colleagues who think it’s not enough or some would suggest even never enough, but on the other hand, Mr. President, you know there are people like me who are always very concerned that maybe it’s always too much,” responded Sen. Andy Sanborn, R-Bedford.

On a few amendments, a couple of GOP senators sided with Democrats, but it was not enough for the measure to be adopted. For example, Republican Sens. Sanborn and Ruth Ward of Stoddard voted with Democrats to roll back proposed health care premium increases for state retirees, but it failed on a 12-11 vote. In another 12-11 vote, GOP Sens. Regina Birdsell of Hampstead and Harold French of Franklin voted with Democrats to add $6 million in additional education aid grants to public schools, but that measure also failed.

Heated debate between the two parties occurred, as expected, on the business tax cuts in the budget blueprint. An old debate flared up over abortion policy, though, when an eleventh-hour Republican amendment was introduced to block state and federal funds from going to centers that offer abortion services.

“This is about controlling women’s health choices, plain and simple, and this is about merging church and state,” said Sen. Martha Hennessy, D-Hanover.

Tensions remained high as Sen. Kevin Avard, R-Nashua, raised his voice in response to Hennessy.

“Forcing people to violate their conscience with their tax dollars, that is hateful,” he said. “I challenge anyone in here to tell me in any constitution where I am forced to pay for somebody’s abortion, show it to me.”

Hennessy said the amendment was an attack on her rights, while Republicans argue it’s just codifying what’s already happening.

“Could you imagine the men in this room if we snuck in some amendment about how the government shouldn’t pay for Viagra?” Hennessey said.

The amendment ultimately failed, 17-6. Democrats also tried unsuccessfully to eliminate a reference to the so-called Hyde Amendment that outlaws spending public dollars on abortions, in order to prevent any future cuts to Planned Parenthood.

With the Senate’s approval, the biennium budget is sent to the GOP-led House. Yet, there are some concerns from conservatives who are threatening to oppose the plan because it spends too much. The chamber is likely to call for a conference committee of senators and representatives to compromise on various issues within the budget, despite the House failing to pass their own plan earlier this year.

Red flags that House conservatives were not entirely pleased with the budget were first raised during a Tuesday budget information session.

“I’m opposed to this budget as it currently stands, and I am going to work to defeat it,” said Rep. James McConnell, R-North Swanzey, who is also a member of the House Freedom Caucus.

The House Freedom Caucus helped sink the chamber’s budget this year, making it the first time since at least 1969 that the House failed to produce a spending plan.

Yet, it’s still too early to tell if the caucus will try to defeat the Senate budget. In an interview with New Hampshire Public Radio, Rep. J.R. Hoell, R-Dunbarton, and co-chair of the House Freedom Caucus, said the Senate proposal is an improvement.

“They’ve made some great changes in terms of improvements — cutting the business taxes is a good example, funding the charter schools is another good example, so there are positive steps forward,” he said. “Some of us are still concerned that it spends more than we’re comfortable with and that’s…put us in a stalemate almost. The overall increase in government size is bigger than a number of us are conformable with.”

Hoell sent an email to caucus members after a meeting this week, saying the group is hopeful that their needs will be met in the conference committee.

Republicans only hold a slim majority in the House and a handful of defections could defeat the budget if Democrats also oppose it. They have largely criticized the GOP-budget, but some could side with Republicans out of fear of not getting anything passed.

The budget process needs to be over by June 30 before the start of the next fiscal year. If a budget is not passed by then, lawmakers would need to pass a continuing resolution, which would fund the government at its current levels until a full budget is passed.

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House Approves Full-Day Kindergarten, Democrats Claim Legislative Victory

In a win for Gov. Chris Sununu’s agenda, the New Hampshire House gave a preliminary vote of approval for full-day kindergarten. While some are calling it a bipartisan victory, the state Democratic Party is taking credit for the proposal getting passed.

Senate Bill 191 calls for providing $14.5 million during the next two fiscal years to help communities that want to implement full-day kindergarten.

In Sununu’s budget proposal, he provided $9 million a year to establish programs in the neediest communities of the Granite State. That original funding amount passed the Senate at the end of March on a 21-2 vote.

The House Education Committee changed the funding to the full $14.5 million to allow all communities, regardless of need, the opportunity to implement the program. About three-quarters of New Hampshire’s communities currently have full-day kindergarten, but the state only pays half the per-student amount for children in kindergarten. The House approved that funding on Thursday on a 247-116 vote.

“I applaud the House for taking this important step today to provide financial support to communities that choose to support and create full-day kindergarten programs,” Sununu said in a statement. “I believe strongly that this is the right thing to do and I look forward to continuing to work with the legislature as the measure moves forward.”

The roll call vote saw 87 Republicans join 160 Democrats in supporting the bill. Many education advocates cheered the bipartisan work of the House and Senate for getting the bill passed.

“With today’s vote, strong bipartisan majorities in the House and the Senate are on record supporting increased state funding for full-day kindergarten,” said Mark Shriver, president of Save the Children Action Network. “We are encouraged that lawmakers from both parties have made investing kids in the Granite State a priority.”

The New Hampshire Democratic Party framed it another way. In their own press release, chairman Ray Buckley called Sununu’s original proposal of funding full-day kindergarten at $9 million a year a “half-baked plan.” He also highlighted that no Democrats opposed the bill and a majority of Republicans (115 of 202) voted against the legislation.

“Today, Democrats held him accountable for his broken promise by finally providing every child in the state full-day kindergarten instead of ceding to his half-baked budget proposal,” he said. “Democrats carried the bill across the finish line in the House, with every single Democratic House member voting for the legislation while a majority of Republican members voted against it. Sununu’s inability to lead almost cost us full-day kindergarten. Today was another example of why we need Democrats in the State House.”

House Republicans are pretty divided over whether the state should pay for full-day kindergarten.

On the House floor, Rep. Victoria Sullivan, R-Manchester, said she opposed the bill because it removes local control from the communities and removes parental choice.

“It was never intended that 5-year-olds would be sitting at a desk for six hours per day,” she said. “We must allow districts to keep decisions regarding early childhood education as a local control issue so that we can fix Kindergarten and restore it to its intended purpose, which is to foster the individual talents and abilities of each child through exploration, creativity and movement.”

Other Republicans say the bill doesn’t mandate that schools offer full-day kindergarten, but simply allows communities access to funds to help pay for it.

“If Kindergarten is important, why don’t we fund it for everyone?” said Rep. Terry Wolf, R-Bedford. “This bill helps offset the downshifting of costs from state to local communities. Funding education makes a statement that we value education and support our communities.”

SB 191 was one to watch on Thursday because House GOP leadership did not take an official position on the bill or whip any votes. House Speaker Shawn Jasper was presiding over the session, so he didn’t cast a vote, but House Majority Leader Dick Hinch voted in favor of the legislation.

Leaders of the two conservative House caucuses voted against the bill, showing there isn’t widespread support among those factions for full-day kindergarten. Rep. Laurie Sanborn, R-Bedford, who is a leader of the House Republican Alliance, and Rep. J.R. Hoell, R-Dunbarton, who is a leader of the House Freedom Caucus, opposed the bill.

SB 191 now heads to the House Finance Committee for representatives to look at the cost since the measure uses state revenues. In an earlier session, members of the committee refused to put any money for kindergarten in its version of the state budget.

After the committee makes a recommendation, the bill returns to the full House for another vote. If the House approves funding again at the $14.5 million-a-year level, then it will go to the Senate.

The Senate could then approve the bill at that funding level or the chamber could reject it in favor of their previous $9 million-a-year plan for targeted communities. If that happens, it’s likely a committee of conferences between the two chambers would be established to negotiate a compromise.

Regardless, the House’s approval of full-day kindergarten on Thursday is a good indication that a bill at some funding level will end up on Sununu’s desk, fulfilling one of his campaign promises.

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GOP Infighting Continues: NH House Freedom Caucus to Start PAC

The budget battle is over between House Republican leadership and conservative members in the New Hampshire State House for now, but the political divide between the two factions continues to grow. The NH House Freedom Caucus announced plans Wednesday to start its own political action committee, signaling that the fight for control of the chamber is far from over.

The House Freedom Caucus, a 32-member group taking its name after a similar conservative coalition of Republicans in Congress, is pushing back against House Speaker Shawn Jasper in the next election. They are planning on using money from the PAC to support candidates who believe in “limited government and personal liberty.” The PAC will be chaired by Rep. Dan Hynes, R-Merrimack.

“Last year, Speaker Jasper utilized his PAC to target conservative Republican members in primaries,” said Rep. J.R. Hoell, R-Dunbarton, one of the leaders of the conservative group. “The NH Freedom Caucus PAC will help to protect those members and candidates who stand on principle and refuse to be dominated by a big government House leadership.”

Jasper says he has no plans to target conservative members. In 2016, his leadership PAC helped out some Republicans, but left others to fend for themselves. The main NH House GOP PAC also said it plans on supporting all Republican candidates.

Members of the House Freedom Caucus are not convinced.

“For many individuals who might consider running to serve in the House, they need to know that there will be help if they don’t immediately pay allegiance to a Speaker that is working to rapidly grow government, whether through his vote on Medicaid expansion or on budgets with 10.5 percent spending hikes,” said Rep. Greg Hill, R-Northfield, a member of the caucus.

Conservatives haven’t been supportive of Jasper in the role as speaker for a while. He won the speaker’s post in 2014 with an overwhelming majority of support coming from Democrats. Only a few dozen Republicans voted for him over former House Speaker and conservative firebrand Bill O’Brien.

In the last session, he was heavily criticized by conservatives for supporting a reauthorization of Medicaid expansion and working with Democrats to get it passed.

He also barely won the speakership in 2016 over Rep. Laurie Sanborn, R-Bedford, and a leader of the other conservative House Republican Alliance (HRA) caucus. He defeated her by a five-vote margin, 109-104, on the second ballot in December. Jasper assured lawmakers that he would unify the caucus in time to get legislation passed. That doesn’t seem to be the case so far.

The first test of the legislative session was right-to-work. Conservatives overwhelmingly supported the bill, but moderate Republicans and members of the House Republican leadership weren’t sold on it, due to their ties to unions or people they know in them. Despite the bill passing in the Senate, it failed in the House and people blamed Jasper for not trying hard enough to get it passed. The vote revealed a splintered Republican majority in the House.

The second battle between conservatives and Jasper was over the budget. Members of the House Freedom Caucus did not support the budget that came out of the House Finance Committee earlier this month. They didn’t like that spending increased over former Democratic Gov. Maggie Hassan’s budgets and that the budget lacked tax cuts.

They banded together to vote against the budget until their demands were met. Democrats were already voting against the budget to defy the Republican majority in the House from passing a budget. Conservatives essentially joined them to derail budget negotiations. What resulted was a chaotic two days and the House, for the first time since at least 1969 when they started keeping records of it, failed to pass a budget to the Senate.

Jasper didn’t mince words when he called out the House Freedom Caucus for voting against the budget.

“This is just a movement of people who, I think, are totally disconnected from their constituents and totally disconnected from the facts,” he told reporters after the vote.

It’s important to note that members of the HRA also voted against the budget and led to its defeat. Jasper took aim at their group last week, with leaders of the HRA claiming they have been denied the right to meet in the State House as punishment for their budget opposition.

Three co-chairs of the HRA received a letter stating that their “activities in the State House Complex are hereby suspended” because the organization failed to produce bylaws.

Jasper said he came to his decision on the belief that the HRA has turned into a lobbying group instead of a conservative caucus of Republican representatives, whose membership might extend to people who are not elected officials.

“Once again Speaker Jasper looks to silence the conservative caucus of the State House,” the HRA co-chairs said in a statement. “The Speaker is pathetically trying to provide himself with political cover after failing to pass a budget, something that hasn’t happened in New Hampshire since 1969.”

This was another reason the House Freedom Caucus decided to create a PAC. They don’t believe Jasper is going to spend the funds to help conservatives get elected to the House.

“Based on his recent actions of maligning conservatives in the press and banning conservative House groups from the State House meeting rooms, we have every reason to believe that he will continue to undermine conservative candidates in the next election,” Hoell said.

It’s possible Jasper could see a primary challenger in 2018 if the House Freedom Caucus is serious about padding war chests for conservative candidates. It could also make some representatives who live in relatively safe Republican districts a little nervous as well.

Former Rep. Leon Rideout said the GOP needed to work together or else Democrats could gain control next year.

The next big-item, divisive bill that comes up in the House could further expose deeper wounds within the Republican Party. The House is expected to vote on the budget again later this year, after the Senate passes its version. Who knows what will happen in round two.

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Chaos in the NH House: What Happened to the GOP State Budget?

For the first time since at least 1969, the New Hampshire House did not pass its version of a state budget. The budget is the second major issue that House Republicans had split factions on, highlighting deep and unhealed wounds within the Republican Party. While many people are putting the blame on Gov. Chris Sununu for not leading the party, he stands to gain the most from it.

House Speaker Shawn Jasper, R-Hudson, did not mince words after the House voted to adjourn and recess before a budget could be passed by the Thursday deadline. He blasted those who opposed the budget.

“They were bankrupt in terms of ideas,” said Jasper. “There were really no ideas that they had other than to say ‘somebody else needs to figure this out.’”

Thirty-two Republicans did not support Republican’s leadership trailer bill, which failed by a 177-169 vote. That came the same day that 66 Republicans rejected the leadership’s $11.9 billion budget bill, which failed by a 220-134 vote. One of the key components of the leadership budget was $50 million in property tax relief for cities and towns.

Yet, for keen political observers the ultimate failure of the state budget was predicated weeks ago, as conservative House members did not like that spending increased over former Democratic Gov. Maggie Hassan’s budget and that the budget created by the House Finance Committee lacked tax cuts.

Rep. J.R. Hoell, R-Dunbarton, is the leader of the House Freedom Caucus. He led the charge against the House Republican’s leadership budget. He tweeted about how he could “see trouble” getting the budget passed two weeks before the vote.

“The Speaker pulled me out of the budget hearing,” Hoell told New Hampshire Public Radio before the vote. “We sat in the back of the room and talked and I explained that some of us wanted to see tax cuts. There are no tax cuts in this budget. I’ve left it up to the Speaker whether he wants to play ball and make these changes or not. That’s entirely up to him.”

The comparisons between the conservatives in the New Hampshire House derailing the budget and conservatives in the U.S. House of Representatives blocking the Obamacare repeal because it didn’t go far enough are justified.

On Wednesday, the House failed to pass HB1 and HB2, which were created by the House Finance Committee and approved by the Republican leadership, by a 220-134 vote. After that budget was voted down, conservatives attempted to cobble together in an amendment their version of a budget, but that also failed on a 282-76 vote. House Democrats offered their own plan, but it lost by 34 votes, the closest any budget came to passing that day. The final vote was 196-162. The House then tabled the budget bill and recessed until Thursday morning.

A Wednesday deadline for new amendments to be brought forward to the state budget debate saw six amendments filed, yet none from House Republican leadership. They said it would be “disrespectful” to change the hard work and time the Finance Committee put in to create the budget.

When the House reconvened on Thursday, a trailer bill that accompanied the budget proposed by the finance committee failed, and the leadership saw no possible way they could get a budget passed, so they voted to recess, essentially not giving a budget to the Senate to work on.

Jasper condemned the 32-member conservative caucus who voted against the budget.

“This is just a movement of people who, I think, are totally disconnected from their constituents and totally disconnected from the facts,” he told reporters after the vote.

Yet, Jasper wanted to quell fears about the implication of the House not passing a budget.

“Don’t worry,” he said. “This is a step in the process, and while it is unusual, it really doesn’t affect anybody in the state because the Senate is going to move forward with their proposal.”

The Senate Finance Committee will begin drafting its version of a state budget on Monday, launching a weeks-long process of hearings and meetings before they present it to the full Senate for a vote. Senate GOP leaders said they will use Sununu’s budget proposal as a base and have also invited House Finance Committee members to present their plan, so they aren’t completely shut out of the process.

 

THE O’BRIEN FACTOR

There were outside groups influencing representatives before the state budget vote this week. It wasn’t the usual dark money organizations that try to sway elections. It was former House Speaker William O’Brien. Jasper defeated him in the 2014 speaker race with the help of the entire Democratic caucus. O’Brien was in contact with several conservative members ahead of the budget vote, encouraging them to vote their conscience.

“You have the critical mass to require a budget that fulfills the commitment that the NH Republican Party has made in its platform to: ‘[l]imit the growth of state spending to not more than the rate of inflation plus population growth.'” He wrote in an email to representatives. “If you ignore the threats, warnings, and ultimatums, and if you stand together and tough, you will prevail.”

After the budget failed, O’Brien sent a congratulatory email to members who voted against the budget and trailer bill.

“I don’t want to talk about individuals,” Jasper said when asked about whether O’Brien influenced the state budget vote. “But there were clearly outside influences who were ginning up members to vote no. There’s no question about that, and that’s unfortunate.”

 

JASPER SPEAKERSHIP IN JEOPARDY

With the recent budget failure, this marks the second important issue Jasper failed to get through the House. Right-to-work legislation, which Sununu called a top priority for the state, failed earlier this year in the House after moderate Republicans sided with Democrats to kill the bill.

With a 53-member majority, Jasper shouldn’t have that much of an issue getting bills passed, and if he can’t keep his party unified, there could be calls for him to resign as speaker in favor of someone else.

Rep. Laurie Sanborn, R-Bedford, challenged Jasper for the speakership in November, but lost. She’s a member of the conservative House Republican Alliance who voted against the leadership budget on Wednesday, but voted in favor of the trailer bill on Thursday.

“Unfortunately, we were shut down in many steps in the process,” she told WMUR. “I think we could have come up with a way to pass a Republican budget, and, unfortunately, that debate was shut down.”

She has no intention of challenging Jasper, but said she has heard from people who are not too happy with how Jasper is doing as speaker.

“Many folks are concerned about the leadership’s style because there’s a feeling that there hasn’t been a lot of give and take and listening, and they’d like to see more of that,” she said. “I’m hoping the speaker listens and learns from this experience so we can get together to get one Republican budget accomplished this year.”

 

DEMOCRATS BLAME SUNUNU

While fingers were pointed at Jasper for the budget failure, Democrats were quick to cast blame on Sununu for not effectively leading his party and getting a budget passed.

“[Sununu] has chosen to threaten rather than build coalitions, stay silent rather than making his opinions known, and stay distant rather making his presence felt,” said New Hampshire Democratic Party Chairman Ray Buckley in a statement. “His sense of entitlement has led him to expect support rather than work for it. Sununu was supposed to be the leader of the party; instead, the tail is wagging the dog.”

Even Jasper said he didn’t want to comment on Sununu’s involvement in getting the budget passed.

“With all due respect I’m just going to keep my thoughts on that to myself,” he said. “I have enjoyed my working relationship with the governor. He did come into our caucus twice and I’m going to leave it with that.”

Yet, in a statement from the governor’s office, it appears Sununu is putting the budget failure in the hands of House leadership.

“While I’m disappointed that House leadership couldn’t get a budget passed today, I am encouraged that the Senate has moved swiftly to take up my budget as a starting point for their deliberations,” he said.

Although Sununu is essentially the face and leader of the Republican Party, he might actually end up getting what he originally wanted.

The House version of the state budget cut his full-day kindergarten proposal, scholarship fund, and funding for the Alcohol Fund. Those were key priorities he made during his budget speech in February.

Now, the Senate said they will use his budget proposal as a starting point and they’ve already passed a number of bills on issues related to Sununu’s budget priorities, which indicates they’re more likely to include several of the governor’s wish list items.

While Democrats are trying to paint Sununu as the loser of this budget battle, he actually poises as a potential winner for not having his budget slashed…yet.

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