Thank you, Mister Speaker. I'm here and I rise to speak for the minority on this bill opposed to Ought to Pass on HB 206.…
Rep. Rebecca McBeath (D - Rock 28)Thank you, Mister Speaker. I'm here and I rise to speak for the minority on this bill opposed to Ought to Pass on HB 206. This bill makes significant changes in the exceptions to the right to know law. When the law was written, there were very narrow exceptions that were included and one of them was the exception that negotiations and strategy discussions regarding collective bargaining would not be considered a public meeting and therefore under the right to know. Another one of these very narrow exceptions is one that we all enjoy. It's the right for us to caucus as elected officials as members of our caucuses. I think that we all can imagine what it would be like if we weren't able to caucus in private, to ask questions, to have open dialogue and to king of nudge our members to think about things in a different way. The other very important issue why collective bargaining needs to be contained, included in the exclusions, is just the whole process of what negotiation is. There are books written on it. There are treatises. It's a multi-stage process and while some part of the stages of the process are important to be public, some of it needs to be done in private and that would be in the beginning collecting information and getting your range of offers together. So I ask you all to consider collective bargaining and to go, this was a very close vote in our committee. Some of the affects if this is public, is it creates posturing of people and the inability to move from one side to the other. I think we can all understand that so it would make collective bargaining longer and more expensive and it also has the possibility of disclosing private information of personnel. I ask you all to consider to vote against the committee recommendation, the majority recommendation so that another motion can be offered. Thank you.
Speaker PackardThe Chair recognizes Rep. Wuelper to speak for the committee report.
Rep. Kurt Wuelper (R - Straf 4)Thank you, Mister Speaker. Mister Speaker, the majority believes that we the people who pay the salaries of everybody at the negotiating tables and who pay the cost of the negotiated agreement should be able to know what our elected officials are actually during the negotiations. We believe, we heard testimony from people involved in negotiations for national unions that is what they do. There are many states in the country that have partial or fully open negotiations and it works just fine for them. Those people who think this is going to delay the process or lead to showboating or things like that obviously don't have much respect for their representatives. I believe it would be far different. If it were open, if they were on television, it would be very similar to what we do right here and people would be much more respectful and be much more serious and negotiations would not be any longer. There is no evidence presented that opening these negotiations would in fact lengthen the process. It would just be whoa, it would be terrible. No it wouldn't. It's a great bill. We deserve, we have a right to know. Please support the committee.
Speaker PackardWhy does the member rise? Will the speaker yield to a question? You may inquire.
Rep. Len Turcotte (R - Straf 4)Thank you, Mister Speaker. Thank you, speaker. Would I be correct in that this bill would not change the ability of either side to caucus in private?
Rep. Kurt Wuelper (R - Straf 4)Oh, yeah that's absolutely right. Strategy sessions are perfectly, can still be done in private, outside the public view as it should. It's only the actual negotiations that would occur in public.
Speaker PackardDid you call for a roll call? Roll call has been called for. Is that sufficiently seconded? It is sufficiently seconded. This will be a roll call vote. Members will take their seats. The Chair recognizes Rep. DiLorenzo for a parliamentary inquiry.
Rep. Marjorie Smith (D - Straf 6)I believe one my colleagues on the other side has asked to do the PI. Is that not true?
Speaker PackardThat's not what I have on my sheet, Representative.
Rep. Marjorie Smith (D - Straf 6)Well, I can understand that because I have been confused too. If no one else is rising.
Rep. Charlotte DiLorenzo (D - Rock 10)Thank you, Mister Speaker. Mister Speaker, if I know that were this bill to pass, it would have a detrimental impact on the collective bargaining process. And, if I know that public negotiations would increase posturing on both sides of the negotiating table and cause delays in reaching a contract agreement. And, finally, if I know that public negotiations could reveal personal employee confidential information, then I would press the red button so that a new motion could be introduced?
Speaker PackardThe Chair recognizes Rep. Sylvia for a parliamentary inquiry.
Rep. Michael Sylvia (R - Belk 4)Thank you, Mister Speaker. Mister Speaker if I know that personal information is not discussed in a union contract negotiation. And, if I know that the principle parties to negotiations are excluded from observing the actions of their agents under the current law. And, if I know that our constitution demands transparency in government actions, then would I press the green button?
Speaker PackardThe question is on the majority Ought to Pass report on HB 206. This is a roll call vote. If you are in favor, you'll press the green button. If you are opposed, 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 attend to the state of the vote. 168 voting Yea, 187 voting Nay, the motion fails. Rep. McBeath.
Rep. Marjorie Smith (D - Straf 6)Thank you, Mister Speaker. I move ITL on HB 206.
Speaker PackardThat is a higher motion. The motion is to table HB 206. A division has been requested. Have we any PI's?
Speaker PackardThis is a division vote. If you wish to do a PI, representative.
Rep. Marjorie Smith (D - Straf 6)I would like to do a PI on the division. Thank you. Rep. McBeath will do the PI.
Speaker PackardOkay. The Chair recognizes Rep. McBeath for a parliamentary inquiry.
Rep. Rebecca McBeath (D - Rock 28)Thank you very much. If I know that this bill only adds 7 words to the statute and the 7 words are, "That strategy with respect to collective bargaining where only one member of the negotiating party is present can be private." So despite what we heard earlier, we know that if this bill passes.
Rep. Rebecca McBeath (D - Rock 28)I apologize. If I know that this bill would have a chilling affect on collective bargaining, would I now vote to not table this bill, against this motion so that another motion can be brought?
Speaker PackardThe Chair recognizes Rep. Spillane for a parliamentary inquiry.
Rep. James Spillane (R - Rock 2)Thank you, Mister Speaker. Mister Speaker, if I know that sunlight is the best sanitizer and that the best results come from negotiations that are made when all parties know what's going on, would I now push the green button to table this bill?
Speaker PackardThe motion is to table HB 206. This is a division vote. If you are in favor, you'll press the green button. If you are against, you'll press the red button. Have all members present had an opportunity to vote? The House will attend to the state of the vote. 174 voting Yea, 178 voting Nay, the motion to table fails. We are back to the ITL motion.
Rep. Marjorie Smith (D - Straf 6)Mister Speaker, with your indulgence, I would move ITL. Since the House has just demonstrated its opposition to this bill, I would think a very quick voice vote could confirm that fact that we want to ITL this bill. Thank you very much, Mister Speaker.
Speaker PackardI heard roll call. Is roll call sufficiently seconded? It is sufficiently seconded. This will be a roll call vote. Are there PI's that are going to be done?
Rep. Marjorie Smith (D - Straf 6)Well not wanting to miss. Oh wait, the other side goes first.
Speaker PackardYes. The Chair recognizes Rep. Sylvia for a parliamentary inquiry.
Rep. Michael Sylvia (R - Belk 4)Thank you, Mister Speaker. If I know that transparency is one of the foundations of the state government. Article 8 of our constitution demands transparency. Our people demand transparency. If I understand that it is my job to support that, would I then press the red button?
Speaker PackardThe Chair recognizes Rep. Smith. I'm sorry.
Rep. Marjorie Smith (D - Straf 6)That's okay. I don't wear my name badge so how can I expect you to remember?
Speaker PackardI think we've been here too long today, but unfortunately; we have to continue. The Chair recognizes Rep. Marjorie Smith for a parliamentary inquiry.
Rep. Marjorie Smith (D - Straf 6)Thank you very much and I share with you the desire to move appropriately through the calendar and say if I recognize that this body has voted not to pass this bill and in order to complete the process, we would have to vote yes on an ITL motion. And if I understand that transparency in all situations is not necessarily appropriate in order to have us have the best possible government. If I understand for example that we're all dressed in clothes because it wouldn't be appropriate for us to be here transparently showing us without clothes, would I in fact vote yes on the ITL motion and support the earlier vote of this body? Thank you.
Speaker PackardThe question is on the ITL motion for HB 206. This is a roll call vote. If you are in favor, you'll press the green button. If you are opposed, 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 attend to the state of the vote. 189 voting Yea, 163 voting Nay, the committee report of ITL is adopted. REGULAR CALENDAR PART II CONT'D
HB 227, relative to termination of tenancy at the expiration of the tenancy or lease term. MAJORITY: OUGHT TO PASS WITH AMENDMENT. MINORITY: INEXPEDIENT TO LEGISLATE. Rep. Edward Gordon for the Majority of Judiciary. This bill, as amended, adjusts the eviction process to allow a landlord to terminate a tenancy when a defined lease period expires without having to prove some other cause. The amendment provides that written notice that the lease will not be renewed must be given to the tenant at least 30 days prior to the end of the lease term. Tenants are still entitled to judicial process prior to any eviction and the landlord will still have to show cause for an eviction if there is no defined lease term or if the tenant is in hold over status. Vote 12-9. Rep. Charlotte DiLorenzo for the Minority of Judiciary. The minority of the committee feel that this bill in effect negates the need for and use of lease agreements. The amended version of this bill requires the landlord to give the tenant a written notice 30 days in advance of the termination date and orders the tenant to vacate the apartment at the end of the lease term. This bill is essentially a no-fault eviction. The timing of this bill could not have been worse given that we have a housing crisis with rents out of reach for the average renter, and with a historically low vacancy rate. The New Hampshire Housing Finance Agency's December 2020 Rental Market Report shows the median monthly gross rent for a 2-bedroom apartment to be $1,413 with an average state wide vacancy rate of only 1.8%. This bill creates bad policy and will increase housing insecurity and homelessness for our low-and moderate-income families who rent.
Majority Amendment (0361h) Amend the bill by replacing section 1 with the following:
1 New Subparagraph; Termination of Tenancy; Expiration of Term. Amend RSA 540:2, II by inserting after subparagraph (g) the following new subparagraph:
(h) For a lease or tenancy the original term of which is 6 months or longer, or for a lease or tenancy the term of which is less than 6 months but which has been renewed for a total period of 6 months or longer, the expiration of the term of the lease or tenancy, provided that the landlord has provided the tenant with written notice at least 30 days in advance of the termination date of the lease term that the lease will not be renewed and that the tenant must vacate the rental property at the end of the lease term. Majority committee amendment adopted.
The question now being adoption of the majority committee report of Ought to Pass with Amendment. DiLorenzo spoke against. Rep. Gordon spoke in favor. Rep. Harrington requested a roll call; sufficiently seconded.
YEAS 202 - NAYS 147
Aldrich, Glen Bean, Harry YEAS - 202 Comtois, Barbara Harvey-Bolia, Juliet Hough, Gregg BELKNAP Johnson, Dawn Lang, Timothy Littlefield, Richard O'Hara, Travis Ploszaj, Tom Silber, Norman Bordes, Mike Terry, Paul Trottier, Douglas Howard, Raymond Cordelli, Glenn Mackie, Jonathan Deshaies, Brodie Avellani, Lino Smith, Jonathan Sylvia, Michael McConkey, Mark MacDonald, John Umberger, Karen Hunt, John CARROLL Rhodes, Jennifer
Gomarlo, Jennie Davis, Arnold Crawford, Karel Santonastaso, Matthew Marsh, William
Craig, Kevin CHESHIRE
Qualey, James
COOS
Merner, Troy
Alliegro, Mark Berezhny, Lex GRAFTON Depalma IV, Joseph Folsom, Beth Sanborn, Gail Greeson, Jeffrey Ham, Bonnie Ladd, Rick Binford, David Simon, Matthew Gordon, Edward Massimilla, Linda
Lekas, Alicia Alexander, Joe HILLSBOROUGH Griffin, Barbara King, Bill Baroody, Benjamin Boehm, Ralph Burt, John Connors, Erika Ammon, Keith Cushman, Leah Kelley, Diane Smith, Denise Blasek, Melissa Erf, Keith Foster, William Griffin, Gerald Creighton, Jim Gorski, Ted DiSilvestro, Linda Gagne, Larry
Gould, Linda Graham, John Greene, Bob Gunski, Michael Harriott-Gathright, Linda Healey, Robert Homola, Susan Hopper, Gary Kelsey, Niki Kofalt, Jim Ober, Lynne Sanborn, Laurie Lanzara, Tom Lascelles, Richard Leishman, Peter Lewicke, John Marston, Dick Mayville, Mary McLean, Mark Mooney, Maureen Notter, Jeanine Nunez, Hershel Pauer, Diane Petrigno, Peter Plett, Fred Post, Lisa Prout, Andrew Ober, Russell Renzullo, Andrew Rice, Kimberly Rouillard, Claire Rung, Rosemarie Sheehan, Vanessa Somero, Paul Lekas, Tony Ulery, Jordan Warden, Mark Andrus, Louise MERRIMACK Cambrils, Jose Allard, James Klose, John McGuire, Carol Hill, Gregory Pearl, Howard Boyd, Stephen Schamberg, Thomas Moffett, Michael Soucy, Timothy Mason, James Walsh, Thomas Seaworth, Brian White, Nick Pitaro, Matthew Yakubovich, Michael Wells, Natalie Testerman, Dave Abrami, Patrick Wolf, Dan Acton, Dennis Abbas, Daryl Katherine Baldasaro, Al Bernardy, JD Ayer, Paul Copp, Anne ROCKINGHAM Dodge, Dustin Bershtein, Alan Doucette, Fred Elliott, Robert Dolan, Tom Gay, Betty Abramson, Max Harb, Robert Ford, Oliver Hobson, Deborah Belanger, Cody Katsakiores, Phyllis Harley, Tina Layon, Erica DeSimone, Debra Love, David Khan, Aboul Griffin, Mary Edwards, Jess McBeath, Rebecca Lynn, Bob McMahon, Charles Grote, Jaci Milz, David McBride, Everett Piemonte, Tony Janigian, John Pratt, Kevin Osborne, Jason Roy, Terry Litchfield, Melissa Soti, Julius Prudhomme-O'Brien, Sweeney, Joe Pearson, Mark Thomas, Douglas Spillane, James Tripp, Richard Melvin, Charles Tudor, Paul Torosian, Peter MacDonald, Wayne Potucek, John Welch, David Verville, Kevin Yokela, Josh Pearson, Stephen Weyler, Kenneth Sytek, John Fontneau, Timothy Bailey, Glenn True, Chris Horgan, James Ankarberg, Aidan Harrington, Michael Wallace, Scott Pitre, Joseph Groen, Fenton Kittredge, Mac Kaczynski, Thomas Vincent, Kenneth STRAFFORD Spilsbury, Walter Turcotte, Leonard Callum, John DeLemus, Susan McAleer, Chris Aron, Judy Smith, Steven Hayward, Peter Stapleton, Walter Newton, Clifford Bordenet, John Burroughs, Anita Wuelper, Kurt Fox, Dru Buco, Thomas Parshall, Lucius Woodcock, Stephen SULLIVAN Welkowitz, Lawrence
Abbott, Michael Rollins, Skip Dontonville, Roger Eaton, Daniel Muirhead, Russell Harvey, Cathryn NAYS - 147 Sykes, George Schapiro, Joe CARROLL Bergeron, Paul Laflamme, Larry Knirk, Jerry Cohen, Bruce Freitas, Mary Abel, Richard Ames, Richard CHESHIRE Heath, Mary Egan, Timothy Faulkner, Barry Klee, Patricia Murphy, James Ley, Douglas Berch, Paul Weston, Joyce Toll, Amanda Fenton, Donovan Mann, John Bouldin, Amanda Tucker, Edith Weber, Lucy Bouchard, Donald Cornell, Patricia Adjutant, Joshua COOS Goley, Jeffrey Fellows, Sallie Hyland, Stephanie Stavis, Laurel GRAFTON
Almy, Susan Hakken-Phillips, Mary Smith, Suzanne
Bouldin, Andrew HILLSBOROUGH Bradley, Amy Dutzy, Sherry Beaulieu, Jane Griffith, Willis Chretien, Jacqueline Schmidt, Janice Espitia, Manny Hamer, Heidi Jack, Martin Klein-Knight, Nicole Labranche, Tony Langley, Diane Laughton, Stacie-Marie Long, Patrick King, Mark Murray, Megan Mangipudi, Latha McGhee, Kat Moran, Melbourne Mullen, Sue Nutting-Wong, Allison O'Brien, Michael Pedersen, Michael Perez, Maria Piedra, Israel Porter, Marjorie Query, Joshua Newman, Ray Newman, Sue Shaw, Barbara Snow, Kendall Stevens, Deb Telerski, Laura Toomey, Dan Vail, Suzanne Van Houten, Constance Vann, Ivy Veilleux, Daniel Wilhelm, Matthew
Bartlett, Christy Caplan, Tony MERRIMACK Ellison, Arthur Gallager, Eric Lane, Connie McWilliams, Rebecca Pimentel, Roderick Richards, Beth Ebel, Karen Schuett, Dianne Schultz, Kristina Shurtleff, Steve MacKay, James Walz, Mary Beth Wazir, Safiya Woods, Gary Rogers, Katherine Wallner, Mary Jane
Altschiller, Debra Bunker, Lisa ROCKINGHAM Cali-Pitts, Jacqueline Cushing, Robert Renny DiLorenzo, Charlotte Gilman, Julie Grossman, Gaby Hamblet, Joan Cahill, Michael Loughman, Tom Maggiore, Jim Malloy, Dennis Edgar, Michael Paige, Mark Read, Ellen Simpson, Alexis Murray, Kate Ward, Gerald Meuse, David Somssich, Peter
Bixby, Peter Cannon, Gerri STRAFFORD Conley, Casey Ellis, Donna Fargo, Kristina Horrigan, Timothy Kenney, Cam Levesque, Cassandra Chase, Wendy Schmidt, Peter Rich, Cecilia Southworth, Thomas Grassie, Chuck Treleaven, Susan Wall, Janet Smith, Marjorie Spang, Judith