By Rosemary Ford and Caitlin Agnew
This article has been edited for length and clarity.
A new session of the Legislature won’t begin until next January, but lawmakers are already filing new legislation. What issues and bills might come up? How will they affect you? To discuss this is Anna Brown, executive director of Citizens Count, a nonprofit and nonpartisan organization dedicated to educating voters about the political process. Brown is also executive director of the Warren B. Rudman Center for Justice, Leadership, and Public Service at the University of New Hampshire’s Franklin Pierce School of Law.
Melanie Plenda:
Anna, ‘tis the season for lawmakers to file new bills that may eventually become laws here in New Hampshire.
Anna Brown:
We're entering the second year of the legislative session, which usually means we dig into some thornier policy debates that were put off during the first-year budget process, and that's still true. But we also saw House and Senate leaders explicitly say, please put in fewer bills this year, because there's a lot of logistical challenges — parking challenges and some renovations at the Legislative Office Building. So far, it does look like there are significantly fewer bills, but still lots to talk about.
We're definitely going to see continued debate over housing-related legislation and zoning issues as well as social issues, particularly related to gender and free speech. I've got my eyes on bills related to school funding, because there were those recent New Hampshire Supreme Court rulings which told the Legislature it needs to act.
Melanie Plenda:
Let’s dig a little deeper. What’s going on in the perpetual struggle between local and state control over zoning? What’s going on in that realm?
Anna Brown:
Just this past year, the Legislature passed several laws related to state limits on zoning. For example, expanding accessory dwelling units by right, limiting parking requirements, and so on. There's definitely a group of Republican legislators who are not happy with these changes. I've been watching the fights play out on social media over the summer, so I'm not surprised to see some bill proposals that basically want to repeal what was done last year.
Melanie Plenda:
When it comes to spending priorities, local towns have been trying to get the state more involved in education — by sending more money — for years. In fact, there have been three, I believe, successful lawsuits that point out the state isn’t meeting its obligations for education funding, yet little seems to change. Will this come up again? What do you expect?
Anna Brown:
The debate is already happening. We've seen legislators meeting in committees and talking about what solutions might be brought forward, and they haven't really made much progress. The most recent New Hampshire Supreme Court ruling said the state has to spend more on that base per-pupil amount. It didn't say how. It didn't say when. There's also a group of Republicans who argue the Supreme Court overstepped its bounds. It's a major separation of powers power struggle.
I'm curious to see how it's going to play out in the Legislature, and realistically, there will be a lot of debate. But this is another one of those issues where I wouldn't be surprised if any changes are pushed off until the next legislative session, after the following election, because if they do increase base funding, they're going to have to come up with new revenue. Right now, the budget is looking very tight.
Melanie Plenda:
What about funding for child care? Is that another issue we might see tackled this session? If so, how?
Anna Brown:
It's interesting to me, because whenever I go to chambers of commerce or other business groups, they bring up child care as a workforce issue. It's no secret there's a major shortage of child care in New Hampshire, and the speaker of the House even made a special committee on child care not too long ago, but we haven't seen the policy momentum around this issue that we saw around housing.
Now, more funding for child care — that's tough because, as I alluded to, we're on a very tight budget right now. There's not that free -flowing money from huge business tax revenue or Covid money from the federal government. That being said, Rep. Katelyn Kuttab from Windham has put in a bill that would create a child care tax credit program. We don't know what that looks like yet — we’ll have to wait for the bill text. I've seen similar ideas get floated before, so maybe momentum is building.
Melanie Plenda:
As you mentioned, state revenues are already down this year, for a variety of reasons. Is this something the Legislature will have to address this term? Why?
Anna Brown:
Realistically, we're operating on a two-year budget. It would have to be a really huge crisis for the Legislature to reopen the budget and make changes like that until 2027, the next usual budget cycle.
That being said, the first two months of the fiscal year, July and August, business tax revenue came in below projections. If that continues, we might enter the election year with a budget deficit, and it would be up to the governor and legislators to sort of speak to that during their election campaigns. So we already have a really lean state budget and there were some major cuts in this previous budget. For example, positions in the office of the child advocate were getting cut. Republicans also did vote to raise various fees, such as car registration, to help cover the budget. So it's too early to speculate what legislators might do two years from now, but certainly, like the economy, our budget is in a bit of an uncertain pocket.
Melanie Plenda:
What happens if there is a major deficit? What does that mean?
Anna Brown:
When we last saw something like that happen, it was during the Great Recession, and that ultimately resulted in some really huge cuts to the university system, for example. Now what's interesting here is we actually saw a big cut to the university system this most recent budget cycle. How deep can you cut?
At that point, do you have a conversation about maybe bringing back the interest in dividends tax, which was phased out. I'm sure Republicans don't want to do that? Then again, if we do enter a budget crisis going into that election year, maybe that would give the Democrats something to argue for.
Melanie Plenda:
Will we see anything related to the assassination of Charlie Kirk?
Anna Brown:
We're already seeing one big piece of legislation from House Majority Leader Jason Osborne, and he's sponsoring a bill named the CHARLIE Act, which is an acronym for countering hate and revolutionary leftist indoctrination in education. We haven't seen the text of this bill, but you can tell from its name, it's looking to add penalties for teachers who are teaching certain subjects, certain ways of thinking.
We don't really know how that would be defined. It could result in fines. It could potentially revoke teacher licenses. I will say if it did pass, it would almost certainly face a court challenge, because we've seen court challenges on bills that looked to restrict teaching related to diversity, equity and inclusion, critical race theory, and so on. And if it's not really clearly defined, and how that would be determined, that's when you start to run into trouble with the courts. Also Governor Ayotte has not come out in support of this. Her line so far in the wake of the Charlie Kirk assassination is that “We need to lower the temperature. We need more civil dialogue. Free speech is important.”
Melanie Plenda:
What about gender issues? Will we see anything like that come out of the Legislature this term?
Anna Brown:
This is another one that I think is teeing up tension between Republicans in the Legislature and Governor Ayotte, who is also a Republican. This past summer, she vetoed a bill that would allow some discrimination based on biological sex — locker rooms, bathrooms, and so on. Republicans, it appears, are putting forward pretty similar limit legislation again. Once again, we don't have the bill texts, so we don't know how much movement there is.
Then there's a couple of bills that are looking at other ways gender is in state law. For example, a bill to eliminate or restrict the ability to change the gender on your driver's license, and then also maybe removing references to gender identity in state law. Will those have enough momentum? Will they move forward? I mean, prior to the Charlie Kirk assassination, this looked like it was going to be the most passionate social issue debate that was going to be happening in the Legislature, so I still expect that to be a very intense topic that legislators are grappling with.
Melanie Plenda:
Fascinating as always. Anna, thank you for joining us today.
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