The House, Thursday, February 1, 2024

Speaker PackardRep. Bernardy offers floor amendment (0385h). It's in your seat pockets. The Chair recognizes Rep. Bernardy.

Rep. JD Bernardy (R - Rock 36)Thank you, Mister Speaker. I rise to support this amendment. Let me just read it for you. It's very simple. Neither slavery nor involuntary servitude, except as a punishment for a crime whereas the party shall have been duly convicted, shall exist in the State of New Hampshire or any other place subject to its jurisdiction. Now, you may recall that this language is identical to the 13th Amendment of the United States Constitution, except substituting New Hampshire for United States. Adopting this identical language and having this hearing on this bill helps tie us to the historical precedent of all the past cases where this issue is litigated. Most particularly the issue of involuntary servitude. I would just like to digress for one moment to talk about the 13th Amendment and how it was passed. In the Senate, the vote was 38-6. All the Republicans and only 2 Democrats voted for it. In the House, the vote was 119-56. All the Republicans and 14 Democrats voted for it. I'm hoping that we'll have a broader bipartisan response to this particular version. It was submitted for ratification on the 1st of February, 159 years ago today. It's the only amendment that was signed by the President. President Lincoln signed it before he sent it out. New Hampshire was the 23rd of the 27 states required to ratify it. It makes sense to adopt this because it is parallel language to the U.S. Constitutional Amendment and that, again, carries in all the history of all litigation and all the hearing that have been conducted on this subject. If we just adopt the current version that has been proposed, we are starting as if it was from ground zero. Now, you may ask why would we want to do that. You know, we all know, the Claremont case was decided by the meaning of the word `charity' written in our constitution from 1784. Excuse me, `cherish' not charity. So, what we see is evidence that historical precedent, historical language is looked at by the courts when they examine the meaning of a particular law or constitutional amendment. Most importantly, the issue of involuntary servitude was raised in the Dobbs decision. Pregnancy being carried to full term was proposed to be involuntary servitude. The court rejected that finding. We bring that history into our decision today if we adopt the full language as it is proposed in this amendment. That same logic of having pregnancy being considered involuntary servitude in my mind is similar to saying parents are involuntary servants to their children until the age of 18. This is just not logical, yet it is out there, and it is a case that people are talking about bringing forward. So, I urge bipartisan passage of this amendment. I'd like to see everyone vote for elimination of banning of both slavery and involuntary servitude in New Hampshire. Thank you, Mister Speaker.

Speaker PackardDoes the member yield to questions? The member does not yield. The Chair recognizes

Rep. Jonah Wheeler (D - Hills 33)Thank you, Mister Speaker. Colleagues, 159 years ago to the day, we had the debate in the United States Congress around the issue of slavery. 159 years ago, to the day, January 31st 1965. I think it is prescient that we are here today discussing this same debate, having this same debate that they had in 1965. The debate before us is whether or not to approve this amendment and I'd like to speak for a second about that. The State-Federal Relations Committee approved the language of the original bill 20-0 and there were some concerns brought up by the Chairman around prisons and what the position of Commissioner, the Commissioner of our prisons and what their position would be about this legislation. They came and offered a letter of support of the bill as it stood originally and that was because Commissioner Hanks, the Commissioner of our prisons and ourselves understand that slavery is a moral wrong. It's an excuse for something that doesn't exist anymore and folks, this is a tough issue and all of us here, you know, think, I think some of us might think this issue has already been solved. But I would like to pause at that. The hearing on this bill happened on National Human Trafficking Awareness Day and I think that was another one of the coincidences in this bill which point to support. There are 1.1 million people in the United States right now who are classified as being enslaved, enslaved in either sexual servitude or forced labor, human trafficked. At one point, 1 million people is the estimate of how many people right now in the United States are enslaved and that's why there are days like Human Trafficking Awareness Day. That's why we care so much about human trafficking because this has been recognized as an issue that is a moral wrong. So, the amendment before us here today would reauthorize the same language that's currently in the United States Constitution 13th amendment. The problem with that language is it leaves there an excuse for slavery and, in my opinion, as someone as a student of history, there should not be any exemption for slavery. Slavery in any form is wrong and Commissioner Hanks agrees with that, the 20 members of the committee agreed with that. When you have an issue where the Liberty Alliance and leftwing activists are together on the same issue and then you have some centralists in the same, who are on the same issue, I think that's an issue worth support because people on all sides of the aisle, wherever you fall on the economic spectrum or the social spectrum agree that servitude, involuntary servitude for another is a moral wrong. As we stand here, 159 years ago to the day of when the Congress of the United States debated this amendment. As I stand under Abraham Lincoln who helped pass this amendment and saved our Union in that moment. As I sit in my seat as someone who would not have been allowed in this building not that long ago, within some of our lifetimes here, I think for me this is one of those, this is legislation that is clear to support. I understand the concerns that were brough forward and I have to say that legislative intent is an important thing. The legislative intent of the committee had nothing to do with the other things that were brought up by my friend as the other dais. The legislative intent of the committee had to do with abolishing slavery once and for all. So, this didn't have to do with abortion. This didn't have to do with any other issue other than slavery and I think trying to dilute it by bringing up those other issues does this legislation a disservice. So, my friends and colleagues, I would ask you again just as the United States Congress did 159 years ago to vote against this amendment and vote for the bill as Ought to Pass because slavery is a moral wrong. All of us in the building understand that and there is no exception to that. So, thank you very much. Mister Speaker, I appreciate the time you have lent me today, colleagues.

Speaker PackardRep. Bouldin has requested a roll call. It is sufficiently seconded. Members will take their seats. This will be a roll call vote. The question before us is on the amendment itself. The amendment is (0385h). This is a roll call vote. The Chair recognizes Rep. Bernardy for a parliamentary inquiry.

Rep. JD Bernardy (R - Rock 36)If I know by adopting this amendment. If I know by adopting this amendment, we are adopting a parallel amendment to that of the 13th Amendment to the United States Constitution, which has served us well for 159 years, would I now press the green button?

Speaker PackardThe Chair recognizes Rep. DiLorenzo for a parliamentary inquiry.

Rep. Charlotte DiLorenzo (D - Rock 10)Thank you, Mister Speaker. Mister Speaker, if I know that no committee has ever reviewed or considered this amendment, and no public hearing has occurred. And if I know that the committee passed the underlying bill 20-0 in unanimous participant support, I mean bipartisan support. If I know that the Department of Corrections supports the bill as is and that no one spoke against this bill during the public hearing, then would I now press the red button to oppose the unreviewed, eleventh-hour amendment so we can proceed to pass the approved language? Thank you, Mister Speaker.

Speaker PackardThe motion before us is the Bernardy floor amendment (0385h). 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, 201 voting Nay, the amendment fails. We are now on to Ought to Pass on CACR 13. I have been informed that there is no debate on the bill. Rep. Bouldin has requested a roll call, and it has been sufficiently seconded. Members will take their seats. The motion before us is Ought to Pass on CACR 13. 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 are open for 30 seconds. Have all members had an opportunity to vote? The House will attend to the state of the vote. 366 voting Yea, 5 voting Nay, the committee report was adopted.