Concord update: NH Legislature wraps up its work for the session

Happy July! I hope you and yours had a safe and relaxing Fourth of July weekend.

My apologies for the long delay since my last update; I had some minor but annoying health issues. The good news is I am fully recovered.

The House met on May 30 and June 13 to complete our work for this legislative session. The only thing left to do is return sometime in the early fall to act on any bills the governor may veto between now and then.

This will be my last regular update to the readers of the Hampton Union, Exeter News-Letter and Seacoast Online until after the election in November. I am running for re-election to continue serving as one of the five state representatives representing Hampton and if you – the voters – see fit to re-elect me, I look forward to once again providing you with regular updates such as this during my next two-year term.

I was the prime sponsor of two bills this year and I am proud to say that both houses of the Legislature have approved both pieces of legislation and are waiting for the governor’s signature to become law.

HB 1320 requires that prior to the execution of a purchase and sale agreement for real property flood risks associated with the property must be disclosed to the buyer. With flooding becoming an increasing problem, not only along the coast but along our inland waterways, this bill is a small step forward in ensuring that potential buyers understand the risks they may be taking prior to making the largest investment in their lives. It passed the House on a voice vote; I voted yes.

HB 1197 amends various statutes to authorize additional personnel to take fingerprints of those undergoing non-criminal related background checks. It also establishes a multi-agency task force designed to review the need for Federal Bureau of Investigation Criminal History Record Information checks across employment and volunteer positions in the state. Hopefully, both actions will help to address the challenges most of our state and local government agencies and entities are having to find and hire qualified people. It passed the House on a voice vote; I voted yes.

Food assistance awaits governor's signature

SB 499 – FN will permit NH to offer a new “Summer EBT” program that provides $120 in federally funded grocery benefits on an Electronic Benefit Transfer (EBT) card for each school-age child who is eligible for free or reduced-price school meals to continue receiving food assistance during the summer months when those children do not have access to school meals. The bill will also sign NH on to the “elderly simplified application project,” an effort by the U.S. Department of Agriculture to make it easier for older residents to sign up and qualify for the Supplemental Nutrition Assistance Program, also known as food stamps. The bill was adopted by both the House and Senate and is now awaiting the governor’s signature. It passed the House on a voice vote; I voted yes.

Bail reform gains approval

HB 318-FN-A reforms the state’s bail laws. Although it lowers the standard of evidence allowing judges to hold someone accused of a major felony without bail, it does require that accused offenders must receive a bail hearing within 24 hours of their arrest and it prohibits judges or magistrates from setting cash bail at a level higher than a defendant can afford. The bill was adopted by both the House and Senate and is now awaiting the governor’s signature. It passed the House on a voice vote; I voted yes.

Hampton Beach redevelopment bill fails

As introduced HB 1215 included changes to building and fire codes and lengthened the exemption for approved development plans from changes in building codes from 5 to 10 years. The Senate added an amendment supported by me that would have given the Hampton Board of Selectmen a limited opportunity to close D Street so that planning for a proposed redevelopment of the Hampton Beach Casino Ballroom could move forward. The Senate passed the bill as amended, but in the House the opposition to the local building and fire code changes was greater than anticipated and the bill was defeated 102 in favor (State Reps Tracy Emerick, Mike Edgar, Chris Muns, Candice O’Neil) to 261 Opposed.

Bill to outlaw 'sanctuary cities' defeated

HB 1292 would have outlawed so-called “sanctuary cities” and required local law enforcement to assist federal immigration officials by - among other things - detaining individuals who are merely part of an investigation if they might be suspected of violating immigration. Police chiefs from several New Hampshire communities testified that they do alert federal officials if they arrest someone wanted on an immigration detainer, but they are opposed to assisting with detainer cases when separate criminal charges are not involved.

The irony is that in 2022 Governor Sununu signed a bill (House Bill 1178) prohibiting local and state law enforcement from taking action to enforce federal firearms laws. Two years later, many of the same Republican supporters of HB 1178 had no qualms about requiring local and state enforcement to enforce federal immigration laws. Luckily the House defeated this legislation by agreeing to table it, meaning no further action can be taken this session. The vote was 192 in favor of tabling to 165 opposed. I voted in favor of tabling in a “division” vote where the votes of each state representative are not recorded.

Bills on voting rights

HB 1369 would have required town election officials to review voter rolls every four years and remove anyone from the voter file who did not vote within 6 years of that review. Any such voter would then need to re-register in the town the next time they wanted to vote. The Republican sponsors of the bill argued that this would reduce “voter fraud”; without submitting any evidence that this is a real issue in New Hampshire. But Democrats countered that increasing the frequency of the purges could create unnecessary headaches for more voters, especially those who don’t vote in every election. Luckily, the bill was defeated in the House 178 in favor to 185 Opposed. I voted against the bill in a “division” vote.

HB 1370- FN would have eliminated all permitted exceptions to the state voter identification laws. It would have eliminated the right of anyone to submit an affidavit attesting to their citizenship, identity, and domicile on election day; disenfranchising between 4,000 and 7,000 Granite State Voters. It would have also required a birth certificate or passport to register to vote. This bill was defeated when the House agreed to table it, meaning no further action can be taken this session. The vote was 223 in favor of tabling to 141 opposed. I voted in favor of tabling in a “division” vote.

Bills on housing

HB 1400 was passed by both the Senate and the House. In the House, the vote was 205 in favor (Muns) to 149 Opposed (Edgar, Emerick, Janvrin). It now goes to the governor’s desk for his signature.

I voted for the bill because we currently have a statewide housing shortage of 23,500 units and will need to construct at least 60,000 new units before 2030. The bill includes several provisions designed to encourage more housing production. Among them:

It allows town residents to vote at town meeting to establish tax incentives for developers to convert office and commercial space into residential spaces. The tax relief would be capped at five years.

For studio and one-bedroom units up to 1,000 square feet, cities and towns would not be able to require more than 1.5 parking spaces per unit, under the bill. And they would not be allowed to require more than 1.5 parking spaces for units for multifamily developments with 10 or more units. However, the bill does require that municipal zoning and planning committees accept “alternative parking solutions” for their development, so long as they meet the demand. Those alternatives can include agreements for offsite parking; rideshare company agreements; public transportation; and walkability.

HB 1400 also allows a town to vote to empower their select board or other representative body to make zoning code changes themselves throughout the year – without needing to take proposals to town meeting every year.

School funding bills

Since 2020, the Medicaid to Schools program has allowed school districts to get Medicaid reimbursement for certain services provided to students as part of the individualized education plans (IEPs). Those services include occupational therapy, speech therapy, mental health services, specialized transportation, and more. Funding from Medicaid also helps to reduce local property taxes. Parents must give consent for their children to receive Medicaid to Schools funded services in general – which is given as part of the IEP process. HB 1616 – FN would have required parental consent for each individual service offered to children in schools under the Medicaid to Schools program, creating unnecessary additional “red tape” and putting funding at risk. Defeated in the House 173 in favor (Emerick, Janvrin) to 179 opposed (Edgar, Muns)

HB 1665 – FN was yet another attempt by Republicans to expand the eligibility for school voucher program that allows income-eligible families to use state education funds toward private and home school expenses. It would have increased the maximum income eligibility 350% of the federal poverty level to 425%. The bill was defeated in the House 168 in favor (Emerick, Janvrin) to 185 opposed (Edgar, Muns).

Cannabis legalization tabled

HB 1633 – FN would have legalized the recreational use of cannabis. Adults 21 and over could have possessed up to 2 ounces of cannabis starting on January 1, 2026. The State Liquor Commission would have been responsible for regulating and licensing cultivators, manufacturers, labs and distributors, issuing 15 retail franchises. Each franchise would pay a 15% franchise fee on annual retail sales, as well as an annual licensing fee of up to $10,000. Towns and cities would have had the ability to decide whether to permit cannabis businesses within their borders.

There was considerable opposition to the bill from both those in support of legalization and those opposed to it. In the end, the bill was defeated when a motion to table the bill was approved 178 in favor of tabling to 173 opposed. I voted against tabling in a division vote. I felt that given all the work that had been done on the bill it deserved a clear up or down vote. Had the motion to table been defeated, I would have voted in favor of adopting HB 1633. While not perfect, the structure proposed is very much in keeping with how New Hampshire has historically managed alcohol and I felt it was an important step forward.

Chris Muns is one of Hampton's five NH state representatives. He currently serving his second term, having previously served between 2012 and 2014 and is running for re-election this November.

This article originally appeared on Portsmouth Herald: Concord update: NH Legislature wraps up its work for the session