Bills you may have missed when the presidential circus came to NH

Snow falls on the State House Jan. 16.

Snow falls on the State House Jan. 16.

By ETHAN DEWITT and HADLEY BARNDOLLAR

NH Bulletin

Published: 01-29-2024 12:53 PM

The New Hampshire primary is over, and with it the spectacle that drew our collective gaze from the State House to the campaign trail.

But the Legislature never took a break. As candidates crisscrossed the state, members of the House and Senate began work on the more than a thousand bills they will deal with by July. And the Senate held a Jan. 18 voting session to clear some of those bills.

Here are some of the votes this month that you may have missed.

A controversial teacher shortage bill

The Senate passed a fast-tracked bill that Republicans said would help alleviate the state’s teacher shortage – but teachers unions are not pleased.

Senate Bill 374 would allow schools to hire part-time teachers without requiring that they be certified by the State Board of Education. It would extend that to any teacher for up to 30 hours a week.

The bill created immediate controversy. Republicans said the measure was a means of extending flexibility to school districts, many of whom have found it difficult to hire paraprofessionals, special education specialists, and classroom teachers, particularly in STEM subjects.

“Schools are having a hard time finding teachers, especially for specialized elective courses,” said Sen. Tim Lang, a Sanbornton Republican. “Local districts should be allowed to fill those gaps. We need to trust our local school boards to choose quality and qualified people in their community.”

The proposal would still require part-time teachers to pass a criminal history background check, and it would not extend to any teacher who has had their license revoked by the state board.

But Democrats and teachers unions slammed the idea as an effort to undermine important standards. National Education Association New Hampshire President Megan Tuttle acknowledged the widespread shortage, but called the bill “a misguided attempt to address that crisis.”

“Regardless of whether someone teaches full or part-time, we should all agree it is imperative that they possess the knowledge and skills to teach effectively,” Tuttle wrote in a statement. “SB 374 undermines that goal by eliminating state credentialing requirements for some teachers.”

The bill received the Senate’s full vote of approval, 14-10, on Jan. 18, two days after being approved by the Senate Education Committee, in a faster-than-usual effort. It now heads to the House.

Bank accounts for teens in foster care

Supported by the Department of Health and Human Services and the Office of the Child Advocate, Senate Bill 333, passed on Jan. 18, would allow children 16 and older in custody of the state or guardianship arrangements to open bank accounts.

There are approximately 400 foster children in New Hampshire who are between the ages of 16 and 18.

During a hearing on the bill earlier this month, Sen. Sharon Carson, the bill’s prime sponsor, said foster children who are working at the age of 16 cannot cash a paycheck or establish a savings or checking account. Carson, who is also president of the New Hampshire Foster and Adoptive Parent Association, said her organization supports the bill.

Jeff Fleischer, director of the Division for Children, Youth, and Families, said the bill would be a positive addition to the array of services necessary to prepare a child for graduation from the foster care system.

Defending the first-in-the-nation primary, NH Constitution style

One effort the Senate unanimously supported this week: A constitutional amendment that would require New Hampshire’s secretary of state to hold the first presidential primary in the country.

CACR 22 would create article 101 in the state’s constitution, to state: “New Hampshire presidential primary shall be at least one week before any similar nominating contest.”

New Hampshire already has a law, RSA 653:9, that requires the secretary of state to schedule a primary date “7 days or more immediately preceding the date on which any other state shall hold a similar election.”

New Hampshire’s position has been challenged in the past year by President Joe Biden and the Democratic National Committee, both of which have pushed for South Carolina to be the first nominating state and punished New Hampshire for holding its Democratic primary early anyway.

In a 24-0 vote, the Senate sent the amendment to the House, easily clearing the three-fifths majority requirement for a constitutional amendment to move ahead. The amendment will need another three-fifths majority vote in the House before it can move to voters on the statewide ballot in the November general election. Constitutional amendments do not need gubernatorial approval.

Certification for lithium-ion batteries, e-bikes, electric scooters

Sponsored by Sen. David Watters, Senate Bill 365 would prohibit the sale of lithium-ion batteries, electric bicycles, and electric scooters that have not been certified by a nationally recognized testing laboratory.

There has been an increase in e-bike usage – both recreationally and for transportation – in New Hampshire and nationally. Watters testified the state needs to establish related consumer protections and fire safety. He cited Underwriters-Laboratories in his testimony, an accredited standards developer in the U.S. and Canada that has created standards for these devices.

SB 365, which passed the Senate, would ensure that any battery sold or distributed for e-bikes or electric scooters must be certified, based on certification determinations made by the state fire marshal.

State Fire Marshal Sean Toomey testified that SB 365 would put New Hampshire ahead of the curve by establishing and requiring fire safety standards. He noted a national campaign last fall called “Take C.H.A.R.GE of Battery Safety” that focused on certifying products.

Prohibiting metal detectors on school grounds, athletic fields

The Senate passed Senate Bill 474, which “prohibits treasure hunting with a metal detector in areas that expose students to the risk of injury,” specifically school grounds and athletic fields.

In her testimony, prime sponsor Sen. Carrie Gendreau cited the increasing popularity of metal detection and the excitement of discoveries. But she noted challenges associated with the hobby, particularly on athletic fields where students can be injured due to improper hole covering.

The bill would remove athletic fields and school grounds from the list of places where metal detecting is allowed, as well as clarify the reference in state law to “dumps,” by changing it to landfills and transfer stations as acceptable places to use metal detectors.

No legal wine tastings for college students

A yearlong effort to allow college freshmen and sophomores to taste wine and beer for academic purposes fell short last week.

Senate Bill 194 would have allowed New Hampshire college students between 18 and 21 years old to taste – but not swallow – beer or wine on campus as long as it is part of a degree program and is done for “educational purposes.”

Sponsored by Sen. Dan Innis, a Bradford Republican, the bill was intended to bolster the state’s courses in enology, the study of wine, and brewing.

The chairman of the University of New Hampshire’s department of hospitality management, Markus Schuckert, argued to lawmakers last year that it is important that the undergraduate students are able to know the taste of the beverages they are studying to graduate with experience. But some substance use disorder awareness groups, such as New Futures, argued that the 21-and-older drinking law is well-designed, has saved lives, and should not be altered.

The full Senate agreed this month, voting 15-9 to kill the bill, with five Republicans joining all 10 Democrats to vote inexpedient to legislate.

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