The House, Wednesday, September 18, 2019

Rep. John Burt (R - Hills 39)Thank you, Mister Speaker. Mister Speaker, the former Congressman from El Paso, Texas and now presidential candidate wants to confiscate our guns. He's said it. So, let me explain how this is in the bill. Governor Sununu wrote in his veto address. He said a bunch of words at the beginning, but at the end he wrote, "Finally, 173-D:11(I)(a) of the legislation raises the real possibility that an individual's Second Amendment constitutional rights could be violated without judicial oversight." That is correct with this bill. What this bill does is it allows the police to determine, without a court order, in any alleged abuse case to remove guns or not. Finally, Mister Speaker, I received several calls from police throughout the state and they explained to me that their policy, and they believe it is a state-wide policy, that if there is alleged abuse, you remove the guns. In my eyes, Mister Speaker, 173-D, and this is written down, this is a gun confiscation bill. So, I would like you to vote red to support the Governor's smart veto on this. Thank you, Mister Speaker.

Speaker ShurtleffThe question before the House is notwithstanding the Governor's veto, shall HB 696 become law? The Chair recognizes the member from Hampton, Rep. Cushing to speak in support of the override.

Rep. Robert Renny Cushing (D - Rock 21)Thank you, Mister Speaker. Probably more than any other bill this session, this one has kept me up at night. For a couple of years now I have been working with a group of people who are concerned about vulnerable citizens in our state. We have an aging population here in the State of New Hampshire and I have worked with the Alzheimer's Association, with the American Association of Retired Persons, with the Senior Law Project of New Hampshire Legal Assistance to try to put in place a mechanism to protect our most vulnerable citizens. It hits home every time I pass an afternoon with my mother because she is 93 years old and she has dementia and I recognize how vulnerable she is and I know that there are many people in this chamber who also have family members or extended family members or neighbors who are vulnerable to exploitation to abuse and neglect. This bill simply proposes that there be a mechanism in place, akin to the protections that we offer to victims of domestic violence and victims of stalking so that they can go in and have an easy method by which to get access to a protective order to stop the exploitation, to stop the neglect, to stop the abuse. There is one sentence in this bill that is in sentences all over our statutes and it simply allows for the confiscation, not confiscation, the taking of a weapon used during the course of abuse, neglect or exploitation. I would ask that the members be sensitive to the needs of our most vulnerable citizens and to vote in favor of this bill and press the green button.

Speaker ShurtleffWill the member yield to a question? Representative Sylvia, you may inquire.

Rep. Michael Sylvia (R - Belk 4)Thank you, Mister Speaker. Thank you for taking my question. I read through this bill and I've heard a lot about how it is protecting the elderly. I see nothing that restricts any sort of age on this. It is simply vulnerable people and that is a rather broad definition. Could you clarify that for us?

Rep. Robert Renny Cushing (D - Rock 21)A vulnerable person is someone who, according to the statute, is unable due to a physical, mental or emotional impairment to manage their own affairs or delegate responsibility to a responsible caregiver. It's the same definition for vulnerable adults in this statute as our adult protective statute, RSA 169-F. So, it's the same language that's already in existing state law.

Speaker ShurtleffPursuant to the New Hampshire Constitution, this will be a roll call vote. Members will kindly take their seats. The question before the House is notwithstanding the Governor's veto, shall HB 696 become law? The Chair recognizes Rep. Abbas for a parliamentary inquiry.

Rep. Daryl AbbasThank you, Mister Speaker. If I know that this bill creates confusion for victims of domestic violence as to whether they meet the legal definition of a vulnerable adult because the definition is ambiguous and can be subject to different interpretations. And, if I know that this bill requires the court to provide free legal advice to pro se plaintiffs but not pro se defendants and that is illegal and unconstitutional and places an unreasonable burden on the court when 90% of the people in New Hampshire who seek protective orders are pro se plaintiffs. And, if I know that this bill allows legal proceedings that may deprive a person of their property without a fair evidentiary hearing is a violation of their due process rights. And, if I know that this bill could result in situations where a person is held for being accused of violating a protective order for a nonviolent offence, police officers will still be required to keep that person in custody until their arraignment even for nonviolent offenses. Should I then press the red button and sustain the Governor's veto?

Speaker ShurtleffThe Chair recognizes Rep. Weber for a parliamentary inquiry.

Rep. Lucy Weber (D - Ches 1)Thank you, Mister Speaker. Mister Speaker, if I know that this bill has nothing to do with domestic violence, which is already covered by another order and adequately represented by very competent advocates. If I know that abuse and exploitation of our vulnerable adults, some of whom are our seniors and some of our seniors are not in that category, is very real and it happens on a daily basis in this state. If I know that the assertions of gun confiscation are at the very best highly speculative and if I still firmly believe that the constitutional rights of our seniors and vulnerable adults are at least as important as those of the people who abuse or exploit them, would I now press the green button to override the Governor's veto and protect those who need out protection instead of those who do not deserve our protection? Thank you.

Speaker ShurtleffThe question before the House is notwithstanding the Governor's veto, shall HB 696 become law? The State Constitution requires a roll call vote. A two-thirds vote is required to override a veto. If you are in favor of having the bill become law, you'll press the green button. If you are opposed and wish to sustain the Governor's veto, you'll press the red button. Voting stations will be open for 30 seconds. Have all members present had an opportunity to vote? The House will be attentive to the state of the vote. With 217 members voting Yea, 156 voting Nay, the veto is sustained. GOVERNOR'S VETO MESSAGE ON HB 706-FN-A By the authority vested in me, pursuant to part II, Article 44 of the New Hampshire Constitution, on August 9th, 2019, I have vetoed House Bill 706, establishing an independent redistricting commission. The New Hampshire Constitution directs the legislature to determine legislative and Executive Council districts. The drafters of our Constitution were wise to vest such authority in the people's elected representatives who are accountable to the voters every two years. The members of the commission proposed by House Bill 706 would be unelected and unaccountable to the voters. Legislators should not abrogate their responsibility to the voters and delegate authority to an unelected and unaccountable commission selected by political party bosses. We should all be proud that issues of gerrymandering are extremely rare in New Hampshire. Our current redistricting process is fair and representative of the people of our State. While I do not question the sincerity of the legislators who support House Bill 706, one of the partisan out-of-state organizations pushing for this legislation states that its mission is to "favorably position Democrats for the redistricting process." This is very concerning and undermines House Bill 706's stated goal of creating "fair" electoral districts. For the reasons stated above, I have vetoed House Bill 706. Respectfully submitted, Christopher T. Sununu, Governor The question being, notwithstanding the Governor's veto, shall HB 706-FN-A, establishing an independent redistricting commission, become law? Rep. Marjorie Smith spoke in favor. Pursuant to the New Hampshire Constitution, Part II, Article 44, a roll call, requiring a two-thirds vote of the House for approval, was taken. YEAS 227 - NAYS 145 Huot, David Lang, Timothy YEAS - 227

Rep. Marjorie Smith (D - Straf 6)Mister Speaker, first of all, thank you for your courtesy. Mister Speaker, I rise to ask that this body vote to override the veto of HB 706, a bill creating an independent redistricting commission. Mister Speaker, I rise to speak truth to power. I rise with respect and pride in my colleagues, in this New Hampshire General Court who once again are first in the nation. Rather than being ordered by a court, or being directed by a citizen initiative, this legislature on its own initiative, republicans and democrats working together, senators and representatives working together agreed that of the practices that sustain out government, nothing is more important than free and fair elections. That knowledge guided this bipartisan New Hampshire effort that resulted in HB 706. Learning from the successes and failures in other states, we compromised, we worked hard to compromise to create a system that was independent, balanced and community based. This legislature and this commission may take into account many factors, political boundaries, historic boundaries, economic units, but underrepresenting one political party and stacking the deck for another is not legitimate nor is it constitutional. HB 706 establishes an independent redistricting commission that was specifically written to create a body with the power to suggest a redistricting plan and recommend that plan to the legislature. The legislature retains responsibility for a major portion of appointments to the commission and the legislature retains full power of approval. Most important, the commission must function in the public eye. Those who don't know history are condemned to repeat it. I was not in the legislature when after the 1990 census the state was forced to admit to the New Hampshire Supreme Court that the redistricting plan violated the equal protection clauses of the New Hampshire Constitution and the Constitution of the United States. The 2000 redistricting plan resulted in at least 4 lawsuits in federal and state courts, one issue involving a town went on for 8 years and in 2010, the plan acknowledged publicly by its prime draftsman to be drawn in favor of one party generated 5 lawsuits involving cities, towns and legislators versing the state. The superior and supreme courts took action that led to the suspension of the filing period until just weeks before the 2012 elections and many of you, as do I, remember how difficult that was for those of us who were trying to run for public office. The United States Supreme Court, in Rucho v. Common Cause clearly states that extreme partisan gerrymanders violate the constitution. The most basic political premise of our government is that the people choose their representatives, not the other way around. But the court also concluded that the solution rests with the states. This is not about Democratic or Republican, it's not about liberal or conservatives, it's not about left and right. It is about right and wrong. I urge you to override the veto and I ask in the words of a writer far more skilled than I, "To thine own self be true. And it must follow as the night the day, that cannot then be false to any man. Thank you, Mister Speaker.

Speaker ShurtleffWill the member yield to a question. The member does not yield. Pursuant to the constitution, this will be a roll call vote. Members will kindly take their seats. The question before the House is notwithstanding the Governor's veto, shall HB 706 become law? The Chair recognizes Rep. Boehm for a parliamentary inquiry.

Rep. Ralph Boehm (R - Hills 20)Thank you, Mister Speaker. If I know the New Hampshire Constitution clearly states that we the legislature shall do the redistricting for the General Court, Executive Council and Congress. And, Mister Speaker, if I know that the United States Supreme Court recently ruled that courts should not interfere with state redistricting. Also, if I know that we do not have any gerrymandering in New Hampshire.

Rep. Ralph Boehm (R - Hills 20)If we did then you would not be in the majority. And, if I know that this bill will not change lawsuits. They will still happen. So, will you join me in pressing the red button to allow us to continue to follow the New Hampshire Constitution? Thank you.

Speaker ShurtleffThe question before the House is notwithstanding the Governor's veto, shall HB 706 become law? The Chair recognizes Rep. Moynihan for a parliamentary inquiry. The House will be in order.

Rep. Wayne Moynihan (D - Coos 2)Thank you, Mister Speaker. Mister Speaker, if I know that for the last 3 decades lawsuits have been sued after every redistricting costing months and years of time and tens of thousands of dollars and that the public is overwhelmingly opposed to partisan gerrymandering. And, if I know there is a clear conflict of interest where the elected officials determine the boundaries of the districts they intend to run in. And, if I know that there is clear evidence of gerrymandering in New Hampshire state and districts and admission by political parties in New Hampshire that they do take political advantage into account when drawing redistricting boundaries. And, if I know that the recent supreme court decision would emphasize and recognize that gerrymandering, partisan gerrymandering does exist, but it indicated that the duty to police that practice lies at the state level, would I not now vote to override the Governor's veto by pressing the green button?

Speaker ShurtleffThe question before the House is notwithstanding the Governor's veto, shall HB 706-FN become law? The State Constitution requires a roll call vote. A two-thirds vote is required to override the veto. If you are in favor of having the bill become law, you'll press the green button. If you are opposed and wish to sustain the Governor's veto, you'll press the red button. Voting stations will be open for 30 seconds. Have all members present had an opportunity to vote? The House will be attentive to the state of the vote. With 227 members voting Yea, 145 voting Nay, the veto is sustained.