Thank you, Mister Speaker. Having voted on the prevailing side, I move reconsideration on that last vote and urge the members to vote yes and request a roll call vote.…
Speaker PackardRep. Belcher moves Ought to Pass. Committee amendment (0654h). Are you ready for the question on the committee amendment? All those in favor, say Aye; those opposed, Nay. A division has been called. Only members in the chamber can vote. Members need to be in your seats. Only members in the chamber can vote. The question is on the amendment (0654h). This is for clarification. 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 present had the opportunity to vote? The House will attend to the state of the vote. 181 voting Yea, 182 voting Nay, the motion fails. For what reason does the member rise?
Rep. Jason Osborne (R - Rock 2)Thank you, Mister Speaker. Having voted on the prevailing side, I move reconsideration on that last vote and urge the members to vote yes and request a roll call vote.
Speaker PackardWe've moved on and it's allowed. Now we are going to a roll call vote. This is a motion for reconsideration on the amendment. The motion before us is reconsideration on HB 1305. This is on the amendment which is (0654h). This is a roll call vote. If you are in favor of reconsideration, 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 the opportunity to vote? The House will attend to the state of the vote. 189 voting Yea, 183 voting Nay, reconsideration passes. We are now back on the amendment. Are you ready for the question? Division? A division has been requested. Members take your seats. You should be in them anyway. The motion before us is on the amendment (0654h). This is a division 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 the opportunity to vote? The House will attend to the state of the vote. 192 voting Yea, 182 voting Nay, committee amendment is adopted. The bill is on second reading and open to further amendment. Rep. Popovici-Muller offers floor amendment (1094h) and is recognized to speak to his amendment.
Rep. Daniel Popovici-Muller (R - Rock 17)Thank you, Mister Speaker. I rise to support amendment (1094h). When I started working on this bill, I engaged with policy representatives from the beginning, and I continue to work with them through all of this time. The minority report states that the bill does nothing toward any feedback from the University System even though when I tabled HB 516 last year, I told everybody here that the University System had required a change to limit their financial liability. That change has been made in HB 1305, as amended. So, I have to correct the record and say that the bill, as filed, already had feedback including feedback from the University System. We just adopted 0654h, same process. Somebody raised concerns with the civil rights unit of the Attorney General. I worked with them to address their concerns. The amendment literally contains the line which the Attorney General suggested to fix this bill. It had been adopted by the committee. Same process was used to come up with this amendment. I continue to work with the university representatives, and we found two minor changes that, if made, would make the bill more palatable to them. First, we add two words in the first paragraph to the amendment to clarify that while the bill does protect the rights of the members of the campus community, it does not extend the same level of protections to people unassociated with the university that would just walk in from the street. That was a reasonable concern, and I was happy to work with them to make it better. It also, at their request, adds two instances where we refer to reasonable time, place and manner restrictions to clarify that those restrictions apply at all times. I originally felt that my bill language made that clear to start with, but after hearing them telling me that it would be better this way, I was happy to address that. I am not claiming, by the way, that they will support this bill, as amended. If they did, we would have a much smaller floor discussion, but they definitely prefer the bill, as amended, here to the current language of the bill. They do support the amendment (1094h) so please show your support for the University System by supporting amendment (1094h), which is filed at their request. Thank you, Mister Speaker and I'm not taking any questions and I request a roll call vote.
Speaker PackardRep. Popovici-Muller has requested a roll call. Is that sufficiently seconded? It is sufficiently seconded. This will be a roll call vote. Members take your seats. The motion before us is the Popovici-Muller floor amendment (1094h). This is going to be a roll call vote. The Chair recognizes Rep. Luneau for a parliamentary inquiry.
Rep. David Luneau (D - Merr 9)Thank you, Mister Speaker. If I know that this bill has a lot of problems with it. And if I know that this amendment doesn't fix any of them, then wouldn't I press the red button to defeat the amendment? Thank you.
Speaker PackardThe Chair recognizes Rep. Popovici-Muller for a parliamentary inquiry.
Rep. Daniel Popovici-Muller (R - Rock 17)Thank you, Mister Speaker. If I know that this amendment was requested by the University System, would I press the green button to show my support for them? Thank you.
Speaker PackardThe motion before us is floor amendment (1094h). 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 present had the opportunity to vote? The House will attend to the state of the vote. 197 voting Yea, 175 voting Nay, the floor amendment was adopted. Now we are on to Ought to Pass as Amended. The Chair recognizes Rep. McDonnell.
Rep. Valerie McDonnell (R - Rock 25)Thank you, Mister Speaker. Thank you, honorable colleagues for allowing me to speak today. I like to talk. A lot and both the New Hampshire and US Constitutions uphold that right. Moreover, 1st Amendment protections expand far beyond speech and cover five freedoms, two of which are the subject of HB 1305, speech and association. More specifically, HB 1305 relates to New Hampshire college students, however, we are all students of history and as many statemen who came before us have noted, "I may disagree with what you say, but I will defend your right to say it." As we gather in this historic chamber representing the multitude of viewpoints that encompass the Granite State, these words are relevant today. However, student organizations are incentivized to do the opposite. Any person's misbehavior at an event, penalizes the student group hosting the event, therefore the hecklers veto prohibits future events. In other words, the student organization loses their rights through no fault of their own. Not only is this unfair, but this is also un-American. The absolute violation of both of our constitutions renders the University System open to expensive lawsuits. Therefore, HB 1305 is paramount to protecting taxpayers from financial risk. Considering it is the second most expensive state university nationwide, the University of New Hampshire is already a financial burden. Needless to say, litigation reduced instructional resources, increases tax liability and is not conducive to learning. After all, the purpose of college is to get an education. Furthermore, HB 1305 aligns with supreme court rulings by prohibiting free speech zones. In other words, speech should not be limited to the back corner of the parking lot and prohibited everywhere else. Finally, last year a similar bill was laid on the table so not debated. Today, New Hampshire students are not only listening to this debate, but also want to know which representatives defend freedom. So, Mister Speaker, on their behalf, I request a roll call vote. Thank you.
Rep. Jonah Wheeler (D - Hills 33)Thank you, Mister Speaker. I rise before you today because the prime sponsor of the bill asked me, as a co-sponsor, to come speak before you today about the importance of freedom of speech. Mister Speaker, it's a pleasure to finally be able to get to speak on the same side of the aisle as my friend from Salem. She's a passionate individual young person who has spent a lot of time here and it's a great thing to be able to get to speak with her. This bill is very simple. There is a problem in our schools right now that students have been reporting for unfortunately a long time. Their free speech has been hampered and this is students both conservative students, liberal students, socialist students and libertarian students. People have had their ability to speak on issues tampered by college administrators who are trying their hardest to keep things nice. Unfortunately for those who want to keep things nice and calm and respectful, sometimes freedom of speech requires us to be a little bit passionate. It requires us to say something that the majority of the people in the room might disagree with. In fact, that is what protest is all about. Mister Speaker, this bill was worked on extraordinary hard for the last biennium as a matter of fact. It was introduced in the beginning of this biennium and now we are here towards the end of it debating the final version of this bill. The sponsor worked with the civil rights division of the AG's office to make sure that it fits and is compliant with what they need to do in that office, making sure that it doesn't have any civil rights violations in it, and they worked very hard with the University System to make sure that it met their concerns. And this is important because this government, this country in this world depends on the constitution that we have here in the United States of America. There are many countries in this world that don't have basic foundational constitutional rights and they look to the United States of America, our red, white and blue stripes, for inspiration for those constitutional rights. If we here in this body today don't say that our students at the institutions where they are learning have those constitutional rights, freedom of association, freedom of speech, we all know the gambit, then I think we are failing them. Our institutions of educational learning, especially our higher education institutions should be places where we can vociferously debate these issues. Where everybody from every side can come and tell why or why not they have the beliefs that they do and yes, sometimes those beliefs will be abhorrent to most of us. That's what freedom of speech is about. The founders were smart, they were intelligent, and they knew that the minority view needed to be protected in a constitutional republic if it was to survive. The 1st Amendment isn't for things that we all agree about. I don't need the 1st Amendment to protect me from my right to say that puppies are cute. I think most of us agree that puppies are cute. I need my 1st Amendment rights to protect me from people who would prosecute me for my position on something that they don't agree with, someone prosecuting a minority view. So, Mister Speaker, to protect our educational institutions and make sure that speech and debate is had in a full-throated way and understanding the very diligent work that was put into this bill, I urge you to join me, Representative McDonnell, the young people of this body and everybody in here who loves freedom of speech in supporting the Ought to Pass motion on this legislation. Thank you.
Rep. David Luneau (D - Merr 9)Thank you, Mister Speaker. I'm here to speak in opposition to HB 1305. Make no mistake, I'm in favor of free speech and free speech on our college campuses. While the bill has some good aspects, they are already being done throughout the state's university and community college systems and are included in free speech policies at UNH, Plymouth, Keene and all the community colleges. UNH is ranked third in the country among all colleges and universities for its policies on free speech and expression and all of our state's four-year institutions received green lights from the Foundation for Individual Rights and Expression. This bill is unnecessary. But most importantly, the bill overreaches far beyond speech and expression. We haven't talked about this yet. It requires our state colleges and universities to recognize student organizations that discriminate on the basis of race, gender, religion and political ideology. The bill would require UNH and the other colleges and universities to fund these groups, some of them being hate groups with money coming from taxpayers, tuition and fees. Are you kidding? Really? Is this what New Hampshire is all about? This bill fuels a divisive environment on campus, and it violates our state's own anti-discrimination laws and federal law such as Title IX. Taxpayers and families expect better. The sponsors ignored input and feedback from the universities and community colleges. Bills like this would promote discrimination and hate speech and should be resoundingly rejected. Press the red button if you support antidiscrimination. You know, there's a lot of UNH graduates here in New Hampshire and they want to know what side you're on so I'm going to stand by and request a roll call vote on this as well, Mister Speaker, so that they know. Thank you.
Speaker PackardThe Chair recognizes Rep. Popovici-Muller.
Rep. Daniel Popovici-Muller (R - Rock 17)Thank you, Mister Speaker and distinguished colleagues. I rise today to correct a lot of misinformation about this bill. I shared a package of documents and videos with all of you ahead of time. I don't need to keep my cards close to my chest. I'd rather give you the time to consider everything at length. I could address the minority report point that we are doing great, and we are ranked 3rd by FIRE, but our FIRE score is only 72/100 which is a rather mediocre C minus. I think it's perfectly reasonable to ask our university to do better. I could remind you that UC Berkeley went from being the heart of the free speech movement to suffering from repeated cases of violence being used to suppress speech, just like UPenn went from being against free speech to being for free speech and then back again to being against free speech. We have a duty to set standards and make sure that our institutions respect free speech permanently, so this legislation is needed. I could spend time to address the puzzling claim that HB 1305, and I quote "violates our state's own non-discrimination laws and federal law." But to take that claim seriously, you'd have to believe that nobody noticed it until now, because nobody testified against it in committee. You'd have to believe that the ACLU endorsed this bill two years in a row because they just didn't notice it was dismantling our anti discrimination laws which the ACLU is defending so staunchly, and you'd have to believe that the director of the civil rights unit, after a thorough review of this bill also failed to notice that this bill dismantles the statutes that the civil rights unit is designed to protect. Yeah, right. So why the opposition to this bill? If you took the ten minutes that I asked you for when I sent you that email yesterday to watch the videos, you already know. This publicly stated desire to ban student associations whose beliefs one finds repugnant is very understandable, its human nature, but acting on such desires is unconstitutional, and a terrible policy. We cannot and should not punish people based on the content of their lawful speech, regardless of how repugnant we may find it. Free speech is the cornerstone of our nation. Tampering with it is foolish. I want to remind you that a lot of commonly accepted beliefs today have been considered repugnant at the beginning. Abolitionism was considered repugnant and was attacked because of claims of emotional harm against the slave owners. Women's rights were considered a repugnant idea. How dare they? Gay rights were so radioactive in the 50's that the ACLU refused to even represent them. It took another decade until the ACLU was comfortable enough. So many ideas are strong today because someone protected them, the 1st Amendment, against the people who wanted to silence them until they grew into the supported ideas they are today. The freedom of association bans all comers policies, which would require every student association to accept every member. Those policies are discriminatory in intent and in application, because to apply them literally, the way they are written would require every university to remove every safe space, because every safe space is discriminatory. That way you don't allow everybody in. Nobody intends to do that, and they shouldn't. All we are asking for is the same treatment for everybody to have their own safe spaces to meet. Should apply to everyone. Same thing with the minimal funds that they get from the university. Which, by the way, come from student activity fees. Not from taxpayer money, not tuition funds, student activity fees from the people who attend. There is no requirement for the university to offer any funds to any student associations. The bill simply says that if you do it, you have to give it to everybody equally. You don't have to, if you find that objectionable. Equal protection under the law, equal rights for everyone. That is all we are asking for. The minority report also appears to consistently confuse discrimination, which is legal and good, with illegal discrimination, which is based on belonging to a protected class, which is bad and illegal. UNH discriminates against every student they reject. Should they accept everybody who applies? Does the school discriminate against athletically challenged students by not letting a 5-foot student who is weighing 100lb play nose tackle, or center on the basketball team? How dare you discriminate. And please, try to imagine a world in which you would be legally required to date anybody who asks you out because to deny somebody is discriminatory. Of course, it's not illegally discriminatory, thank God. Nobody is suggesting those policies are good, but by the same token, all comers policies are terrible, so we should make sure they don't come in. But for the record, illegal discrimination is still a red herring. Every example of undesirable student associations discussed in hearings both in 2023 and 2024 was based on their beliefs, speech and expression, whether it was their purported support for genocide, or their neo nazi membership, white supremacists or anti semitic. If even members of the Education Committee cannot resist the unconstitutional desire to ban certain student associations in order to suppress speech, they find repugnant, what chance does the faculty, staff and student membership have to resist the same temptations? This by the way is precisely the type of student association ban that victims testified about in 2023, and I am dismayed by the fact that people who watched this testimony are trying to oppose the bill that is trying to prevent further abuses. And by the way, another one of those situations happened later in 2023, reminding us of the need to pass this bill to make it crystal clear to everyone that we do not tolerate such actions in the State of New Hampshire. I am asking you all to reject these attempts to enable oppression of minorities based on their beliefs, lawful beliefs and speech and protect all members of the campus community by supporting the OTP motion for this bipartisan bill. Thank you, Mister Speaker. I will not be taking any questions, and I do also request a roll call vote. Thank you.
Speaker PackardI was just going to ask if the member yielded to questions. No, member does not yield. The motion before us is Ought to Pass as Amended on HB 1305. A roll call has been requested. Is that sufficiently seconded? It is sufficiently seconded. This will be a roll call vote. Members will take their seats. The motion before us is Ought to Pass as Amended on HB 1305. This is going to be a roll call vote. The Chair recognizes Rep. Damon for a parliamentary inquiry. Representative Damon: Thank you, Mister Speaker. If I know that the university and community college systems in New Hampshire already have effective policy standards for free speech and expression and are highly ranked nationally for their fair application of those policies. And if I know that this bill would require our state colleges and universities to recognize and fund organizations that discriminate on the basis on race, gender, religion and political ideology. And if I know that despite its title, this bill actually violates our state's nondiscrimination laws, would I now press the red button? Thank you.
Speaker PackardThe chair recognizes Rep. Lynn for a parliamentary inquiry.
Rep. Bob Lynn (R - Rock 17)Thank you, Mister Speaker. Mister Speaker, if I know that freedom of expression and freedom of association are under attack in this country, particularly in our academic institutions which should be the last place we would expect this to occur. And if I know that although New Hampshire public colleges and universities fair better in this regard than private colleges and universities, and those in some other states, our public institutions of higher learning have not been immune to the scourge of political correctness. And if I know that championing diversity is the cause c�l�bre in the academic world as to all things but one. That exception being diversity of thought. And if I know that HB 1305 enhances freedom of expression and freedom of association on our public university campuses while giving administrators ample authority to impose reasonable time, place and manner limitations on these rights. And finally, Mister Speaker, if I know that this bill does not and could not under the supremacy clause authorize the university system to sanction unlawful discrimination based on race, sex or any other protected class, then would I support the OTP motion by pushing the green button? Thank you, Mister Speaker and I also request a roll call vote.
Speaker PackardThe motion before us is Ought to Pass as Amended on HB 1305. 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 present had the opportunity to vote? The House will attend to the state of the vote. 206 voting Yea, 169 voting Nay, the committee report is adopted.