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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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The Senate Finance Committee finished crafting its version of the state budget on Wednesday. It largely resembles what Gov. Chris Sununu proposed in February, except for new business tax cuts and a multimillion dollar investment in mental health services.

The committee voted 4-2 along party lines to approve a two-year, $11.8 billion state budget. Republicans believe the spending is conservative enough and tackles important issues facing the state, such as the mental health crisis. Democrats argue the budget doesn’t focus enough on higher education, public health, and workforce training initiatives.

“It’s a solid budget that provides what New Hampshire needs,” said Senate President Chuck Morse. “We certainly have had lists of things that we couldn’t fund, like increased funding for the university system, that we just can’t get to in this budget if we’re going to live within our means.”

One of the biggest differences between Sununu’s proposal and the Senate Finance Committee’s spending plan is the cut in the state’s business profits tax (BPT) and business enterprise tax (BET). Sununu’s budget didn’t include them.

Under the measure, the BPT would drop to 7.7 percent in 2019 and 7.5 in 2021. Meanwhile, the state’s BET would fall to 0.6 percent in 2019 and 0.5 percent in 2021.

“The budget passed by the Senate Finance Committee does not increase or create any new taxes or fees and relies on realistic revenue projections,” said Senate Finance Chair Gary Daniels. “The budget also addresses our state’s top priorities including providing resources for those most in need. This budget also includes additional business tax cuts and increases small businesses’ ability to make capital investments. This allows businesses in New Hampshire to create good paying jobs and grow their business, keeping our state competitive with other states in New England and nationally.”

The two Democrats on the committee, Dan Feltes of Concord and Lou D’Allesandro of Manchester, voted against the budget, saying several necessary programs are underfunded.

“This budget fails to fully fund full-day kindergarten, fails to fully fund our efforts to combat the opioid epidemic, and fails to adequately meet the needs of those suffering from mental illness,” D’Allesandro said. “Make no mistake, this is not the budget I wanted and I will continue to work to ensure that the critical needs of the people of New Hampshire are met.”

The Senate Finance Committee’s budget leaves out money for full-day kindergarten, which Sununu included in his proposal. Those funds, though, are part of a separate bill making its way through the Legislature.

The budget also calls for more than $17 million in spending to increase the number of mental health beds and expand mental health services. That measure was not in Sununu’s budget, but he supports it. It also increases funding for additional social workers and supervisors in the Division for Children, Youth and Families (DCYF). The Alcohol Fund is seeing an allocation of 3.4 percent of revenues, which is up from 1.7 percent in the current budget.

“We addressed our state’s most critical needs, including programs to benefit families with a disabled child and adding 60 new beds and community treatment options to relieve the growing mental health problem,” Daniels said. “We also doubled the Governor’s Commission on Alcohol and Substance Abuse Prevention, Treatment and Recovery to bring new resources into our communities combating the heroin crisis. We also made sweeping changes to the leadership at the Division of Children, Youth and Families and added more caseworkers to ensure our kids’ best interests are being taken care of and they are protected abuse and neglect harm.”

The Senate Finance Committee budget also approves the use of $2 million in unspent money from the 2017 Alcohol Fund for renovations and construction of a youth substance abuse treatment wing at the Sununu Youth Services Center in Manchester. An allocation of $250,000 per year for sexual and domestic violence prevention programs was also approved, along with $1 million in funding for 13 rape and domestic violence crisis centers operated by the N.H. Coalition Against Domestic and Sexual Violence.

Despite these additions, Feltes said the Senate GOP budget doesn’t reflect the needs of Granite Staters.

“This budget fails to include job training programs that would boost our workforce and close our skills gap, breaks promises made to our retirees and increases health care costs for our seniors,” he said. “It fails to live up to our obligations to Granite Staters living with disabilities by failing to fund our developmental disability waitlist and does not adequately deal with childhood mental health. And it fails to provide resources to reform DCYF and protect our most vulnerable children. Quite simply, this budget fails to adequately address the critical and time-sensitive challenges facing our state.”

The budget go the Senate floor for a vote. Usually, after the full Senate approves of its budget, the Senate and House confer to iron out differences between the two budgets. However, the House was unable to pass a budget this year. After the Senate approves of the budget, it will ultimately need to be approved by the full House.

The real test of the budget will be in the lower chamber, after conservative members sided with Democrats to sink the House GOP leadership’s plan last month. They cited an increase in spending and lack of tax cuts as reasons for opposing the budget. With BPT and BET tax cuts, it’s possible they might support the Senate’s plan, which included several provisions from the House budget.

If the state budget makes it through the House, it will head to the governor’s desk for his signature. The whole process needs to be done by the end of the fiscal year on June 30.

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As expected, it didn’t take long for Democrats in New Hampshire to point out what proposals they didn’t like in Gov. Chris Sununu’s budget speech last week.

“I am encouraged by statements of Governor Sununu in support of full-day kindergarten and funding for the developmentally disabled, but as we all know, the devil is in the details,” said House Democratic Leader Steve Shurtleff in a statement. “The Governor’s budget address made no mention of the successful NH Health Protection Program, leaving serious unanswered questions for the 50,000 Granite Staters who rely on the program for their health care coverage.”

But the more divisive statements came from the Senate Democratic Caucus and New Hampshire Democratic Party (NHDP). While they applauded Sununu for keeping several initiatives put in place by former Gov. Maggie Hassan, they criticized him for not fully funding the Alcohol Fund to combat the opioid crisis.

“And in the midst of a substance abuse crisis, we need to find out why Governor Sununu chose not to fully fund the Alcohol Fund, which supports our effort to combat this crisis,” said Senate Minority Leader Jeff Woodburn in a statement.

NHDP Chairman Ray Buckley echoed Woodburn’s sentiments saying he was “disheartened to see that the governor did not fully fund the state’s alcohol fund, which would provide key resources to combat this epidemic.”

The Alcohol Abuse Prevention and Treatment Fund was created in 2000 by the Legislature, and it’s a mechanism that takes 5 percent of the gross profits from the sale of alcohol to support education, prevention, treatment, and recovery programs for alcohol and drugs. The fund has only been fully financed one time since its inception, which was in the 2003-2004 biennium — the first year it began. In his budget speech, Sununu proposed increasing the funds to 3.4 percent, double the 1.7 percent rate the previous budget had set.

In each budget after that, the governor or Legislature transferred the revenue to the general fund and only appropriated a small amount to the Alcohol Fund, which means Republican Gov. Craig Benson and Democratic Govs. John Lynch and Maggie Hassan suspended funding during their terms.

In the most recent budget, for the 2016-2017 budget biennium, Hassan and the House proposed suspending the funding formula. Hassan proposed giving the fund $9.6 million over the two-year period, but the Republican-controlled House dropped that figure to $3.6 million. Senators proposed bringing the formula back and lowering the cap to 1.7 percent, which would give the fund $6.7 million.

If the fund was fully financed for the whole biennium, it would have received approximately $19 million, still nearly $10 million less than what Hassan suggested. After the Senate put forward its recommendation for the budget, the NHDP called their budget “unbalanced and partisan” with “irresponsible gimmicks.”

It’s interesting that the NHDP would criticize Sununu for not fully funding the Alcohol Fund, when previous Democratic governors did not fully fund it either.

“We haven’t had a Democratic governor who has fought as hard as Sununu is fighting for it [the Alcohol Fund] right now,” said former state Rep. Joe Hannon, R-Lee, who made his mark in the Legislature by focusing on the opioid crisis.

“No one has taken the leadership on this, and the battle will be in the House and Senate Finance Committees,” he told NH Journal. “I’m always happy when the governor speaks about how he is addressing substance abuse treatment. He gets it, and that’s something I haven’t seen in awhile from leadership in the state.”

New Futures, a nonprofit group looking to curb substance abuse in the state, is a fervent supporter of fully funding the Alcohol Fund at 5 percent. They believe the money from the non-lapsing, flexible fund could be used for creative and innovative solutions to stop the opioid epidemic.

“We are encouraged by the fact that Gov. Sununu has increased the funding for the Alcohol Fund by doubling the current amount,” said Linda Paquette, president and CEO of New Futures. “However, we anxiously await the release of House Bill 2 in order to clarify the support in the budget for addressing New Hampshire’s substance abuse epidemic.”

Paquette said she was “very curious” what Sununu meant when he talked about “incentives” with the Alcohol Fund.

“First, I propose we double the Alcohol Fund, increasing these important resources by more than $3 million and creating incentives to ensure that those funds are truly spent,” he said in his Thursday speech.

Pacquette said she is hopeful that the Alcohol Fund will be a priority for the Republican-controlled State House because the funds are “not restricted.” New Hampshire is expected to receive federal money from grants and the 21st Century Cures Act, legislation approved by Congress and former President Barack Obama in December 2016, which gives $6.3 billion in funding to circumvent the opioid crisis and enhance medical research and development.

“The Alcohol Fund can be used to fill gaps where grant money and federal funds are restricted for certain uses,” Paquette told NH Journal. “It can be used for supporting recovery housing and investing in early childcare as a substance abuse prevention strategy. He [Sununu] clearly has made the opioid crisis a priority of his administration.”

Sununu presented his budget to the House and Senate Finance Committee in a Tuesday joint committee meeting. The House Finance Committee will take a look at his budget first and put forward recommendations to the full House later in the spring. After passage in the House, the Senate Finance Committee will review that budget and put it up for a vote to the full Senate, before returning to the governor’s desk for his signature or veto.

“We’re going to double that fund and get the money where we can have a lot of impact,” he said in the meeting. “Not just in the high-density areas, but really all across the state. None of our communities have been immune to that.”

The Senate Finance Committee recommended passage of Senate Bill 196 on Tuesday, which was amended to increase the Alcohol Fund to the 3.4 percent rate proposed by Sununu. If the House changes the formula or suspends it in its budget recommendations, this bill could override it and fund it at the rate Sununu proposed.

“This is a sound proposal that I and a majority of the Senate Finance Committee supported today by recommending a bill to do just that,” said Senate Finance Chair Gary Daniels, R-Milford, in a statement. “We have established a number of initiatives that serve to stem substance abuse, including the heroin crisis, and I know we can do more with the funding Governor Sununu has proposed as part of his budget.”

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After Gov. Chris Sununu released his $12.1 billion biennium budget on Thursday, the overall sentiment among Democrats and Republicans was “the devil is in the details.”

Those details will be hammered out in the next few months as the House and Senate make their recommendations to Sununu’s 2018-2019 budget. Overall it appears both parties believe it’s a solid budget with room for improvement. Republicans praised it for being “a realistic, conservative budget which is transparent, forward thinking and strengthens education, supports our cities and towns and focuses on solving real problems that have plagued taxpayers for years,” according to Senate leadership.

Democrats were glad that Sununu kept some of his campaign promises, but were also critical that he didn’t provide too many details on proposals they deemed important, including Medicaid expansion and full-day kindergarten.

“I am very concerned about the $500 million cut from state agency budget requests and what that could mean to the citizens of New Hampshire,” House Minority Leader Steve Shurtleff said in a statement. “The governor’s budget address made no mention of the successful NH Health Protection Program, leaving serious unanswered questions for the 50,000 Granite Staters who rely on the program for their health care coverage.”

In his budget proposal, Sununu includes more than $50 million in spending to address an existing shortfall in the Department of Health and Human Services’ (DHHS) fiscal 2017 budget.

In January, DHHS projected a $65.9 million dollar budget shortfall. Commissioner Jeffrey Meyers pushed back against the accusation his department overspent, claiming instead Medicaid costs did not decline as the legislature expected during the last budget debate. That put Sununu in the awkward position of writing a budget with an unexpected hole in it, while also figuring out how to handle Medicaid for the state.

As for the deficit, Sununu is requiring the commissioner to make quarterly reports to him and members of the legislature leadership “about where we actually stand on our true costs, so we can become a more nimble government that’s responsive, not just reactive.”

“As governor, I won’t make people wait until after an election to discover we may have a shortfall,” he said in remarks during a Thursday joint legislative session. “We have to be transparent. We have to be honest with the people and honest with ourselves.”

Democrats’ claim he didn’t mention Medicaid expansion is true. He only mentioned the program when talking about the DHHS deficit, since that’s where the department says its money went.

“And where we have failed in the past, I am pushing for true accounting of our Medicaid program so we can reconcile estimated Medicaid payments to actual costs,” Sununu said. “And as we go forward, be sure that we won’t wait two years to check in on them again.”

He doesn’t say if he plans to expand, repeal, or replace NH Health Protection Program. The Medicaid program in New Hampshire received bipartisan support in the legislature last year when lawmakers extended the program until Dec. 31, 2018.

That legislation gives Sununu wiggle room as he attempts to balance politics and health coverage for the state. As Washington debates repealing the Affordable Care Act, several states including New Hampshire are waiting to see how Congress and President Donald Trump’s administration handles the issue.

Sununu was reluctant to say anything about Medicaid on the campaign trail, commenting he was worried about financing the program in the long-term, but didn’t mention repeal. Not wanting to permanently fund the program, he told voters it was better to let the federal government make the first move.

Before the budget speech, Democrats waited to see if Sununu would fulfill his campaign promise of funding full-day kindergarten. His proposal includes $9 million a year for full-day kindergarten, but after the speech Democrats sought clarity on determining which communities get funding.

.@ChrisSununu needs to explain targeted full day k. $9 million a year while giving $15 million to charter schools? #nhpolitics

— NH Young Democrats (@NHYoungDems) February 9, 2017

Sununu said funds, which will be awarded in addition to education adequacy grants, would target the communities that need it most based on a community’s property wealth, the number of students on subsidized lunch programs, and communities with a high number of English as a second language students.

“So I am proud today to be the first governor to deliver a real full-day kindergarten program for communities across the state,” he added.

There’s a big distinction to be made with the state “mandating” full-day kindergarten and simply funding full-day kindergarten. Several Democrats sought to require school districts to offer full-day kindergarten, but Sununu’s budget doesn’t make that a requirement. He’s leaving it up to the individual cities and towns, but they’ll receive more funds if they opt-in.

In towns that vote to implement full-day kindergarten, school districts presently only receive 50 percent of the state’s per-pupil grant for kindergarten students. Under Sununu’s plan, the neediest communities can apply for additional grants to make the program possible.

Rep. Victoria Sullivan, R-Manchester, who sits on the House Education Committee, said she wasn’t thrilled about Sununu’s full-day kindergarten funding proposal. Sullivan said it should be a local community’s decision, and could eventually lead to mandated full-day kindergarten.

I agree with @NHSpeaker. This is a huge issue 4 me. Parental & local control in jeopardy. Next step=Mandated K. #NHPolitics https://t.co/HuCwQVuCv9

— Victoria Sullivan (@VSullivan4NH) February 9, 2017

House Speaker Shawn Jasper told reporters Sununu’s full-day kindergarten proposal probably won’t be included in the House version of the budget.

“I think that is going to be a stretch,” he said. “I think if you looked around the hall, you probably didn’t see a lot of enthusiasm on the part of Republicans on that issue. We’ll have different priorities in some areas than the governor has, certainly. I don’t think there’s ever been a budget that’s gone into the House and come out looking the same way, but he’s given us a great starting point.”

The two-year budget must be passed by June 30 to go into effect on July 1 of the next fiscal year. The House Finance Committee will look at Sununu’s budget before making a recommendation to the full House. After the House passes its version of a budget, it goes to the Senate Finance Committee, which will recommend its own proposals to the full Senate, before going to the governor’s desk for his signature or veto in spring.

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