Thank you, Mister Speaker. For the third time this Session the Transportation Committee has veered out of its lane into federal immigration policy rather than our remit of state transportation.…
Speaker PackardThe committee amendment is (1934h). There is no debate. Members take your seats. This will be a division vote on the amendment. The motion before us is the committee amendment (1934h). The house will be in order. It's on the committee amendment (1934h) printed in record 26 page 25. This is a division vote on the amendment. If you're in favor, you'll press the green button. If you're opposed, you'll press the red button. Voting stations are open for 30 seconds. Have all members present had an opportunity to vote? The House will attend to the state of the vote. 183 voting Yay; 163 voting Nay, the committee amendment is adopted. We are now on Ought to Pass as Amended. The Chair recognizes Rep. Miller.
Rep. Seth Miller (D - Straf 21)Thank you, Mister Speaker. For the third time this Session the Transportation Committee has veered out of its lane into federal immigration policy rather than our remit of state transportation. Through each of these debates I found myself struggling to understand the motivations, the reasoning behind the proposed policies. Our committee has been repeatedly informed that it is not xenophobia nor racism that drives these, yet proponents also repeatedly acknowledge that these bills are not about the safety on our roads nor in our communities. Instead what we hear each time is that these bills are about being fair. Now, growing up as a teenager, my mother often reminded me that life isn't fair and I imagine she'd try to offer me the same advice today were I to lodge such a complaint, but I can't help myself. I continue to wonder what is fair. The committee chair asked us, during the executive session for this bill, if it is "fair for everyone in the state who follows the law and abides by the law for us to give people a privilege to drive, which is a pretty important privilege, before we know they're here legally." We are choosing with this bill to wholesale ignore that the federal government has already made that determination. That the affected residents can remain legally in the United States and indeed in New Hampshire while their asylum claim awaits adjudication. It is indeed a bit like a game of Calvinball where the rules are made up as we go along, not to suit our fancy, not rooted in fact, nor sound policy. We are very clearly choosing not to care whether they are here legally. We are declaring that they are not, and we are doing it in an abhorrent manner. No hearings, no appeals, just a blanket decision by this body that every single person with that pending asylum claim is a liar who broke the law. That is not fair. The federal government also determined that many of the residents that this bill, as amended, affects have the right to work in the United States and for better or worse, holding down a job in New Hampshire means needing to drive a car. We are telling these people, the workers who contribute to our economy, our communities and our tax base far in excess of the services they consume, that they can no longer have a job here. To whom is that fair? Which of our constituents benefits from this policy? Certainly not the business owners losing their staff. Certainly not the local shopkeepers who are losing their customers. And it's not lost on me as we sit in this Chamber, we hold the lives of our constituents in our hands. We are in effect playing a role of sort of a little g God. And I'm not a particularly religious person, although I grew up with a bit of that, and considering this bill I found myself thinking back and pondering a particular verse, Deuteronomy 24:6, no man shall take the mill or upper millstone to pledge for he takes a man's life to pledge. Extrapolated for the modern age that it basically is saying that taking away someone's ability to work is the equivalent of taking that millstone away. We are choosing today whether to take away not just their ability to work and participate in our communities, but to live thrive and survive. And with no upside to the Granite State. Our society is not a zero-sum game. These residents are not taking away anything from other Granite Staters simply by existing and driving in our state. Indeed, quite the opposite. They are active members of our communities and our workforce. They deserve all the same opportunities and protections each of us enjoy sitting here today. That is what it means to be fair. And so as we play God with their lives, let us choose to play the humble, compassionate, generous, welcoming and even perhaps the economically sound version of that role, not the one that this bill represents. Mister Speaker, I request a division vote.
Rep. Daniel Veilleux (D - Hills 34)Thank you, Mister Speaker. Mister Speaker, I rise in opposition to SB 13, as amended. I understand why this bill may appeal to some people who feel the immigration system is broken and want stronger enforcement. It sends a clear signal. Immigrants are not welcome here. But we should ask ourselves not just what statement it makes, but what happens when the statement becomes law. Because if this bill passes, it carries the full weight of enforcement, litigation and constitutional scrutiny just like any other statute. As amended, the bill does far more than its title suggests. It would invalidate out of state driver's licenses issued to undocumented immigrants even when those licenses were issued lawfully under the laws of another state. It criminalizes the act of driving in New Hampshire for individuals holding those licenses. It prohibits asylum seekers even those with federally authorized work permits from obtaining or renewing a New Hampshire driver's license until they are granted permanent residency or green card, a process that can take years under the best circumstances. Only one state, Connecticut, currently issues the type of license this bill targets. Obviously, this is not a broad public safety measure. It's a narrow symbolic act that makes a political point but does little to advance prudent policy or public safety. If the goal is to deter crime, we should be honest why are we targeting people who have followed the law? Undocumented immigrants who have come forward, complied with documentation requirements, and obtained licenses designed to ensure roadways are safe, those are the people this bill singles out. Asylum seekers with valid work permits have done exactly what the federal government has asked of them. They have applied, waited, received authorization and are working, paying taxes and contributing to their communities. This bill does not respond to
lawbreaking, it penalizes those who followed the process. It does not enhance public safety, it creates legal risk for law enforcement, operational confusion for DMV and hardship for families, employers and entire sectors of our economy. It also undermines New Hampshire's obligations under the Interstate Driver Compact, Driver License Compact, an agreement based on mutual recognition and trust between states. By carving out a politically charged exception, we begin to chip away at the shared standards that make this agreement work. This bill places our state agencies in roles they were never meant to fill. Law enforcement officers and DMV staff will be expected to evaluate immigration status and interpret federal documents. These are not their responsibilities. Yet this bill calls on them to enforce federal immigration law without giving them the tools, training or legal authority to do so. Let's be clear, individuals with pending asylum claims who have received federal work authorization are lawfully present in the United States. That's not a loophole, that's simply the law denying them the ability to drive while expecting them to work is inconsistent, unproductive and harmful. This bill does not strengthen public safety, it weakens it. Litigation is a certainty. It will consume state resources for little gain regardless of the outcome. Mister Speaker, I understand this bill may pass today, but let's be realistic. This is a tremendous amount of effort for very little gain. It burdens our state agencies, compromises our legal position and punishes people who are doing what the law requires of them. I urge my colleagues to vote no on SB 13. Thank you.
Rep. Thomas Walsh (R - Merr 10)Thank you, Mister Speaker. I wasn't going to re-debate this whole thing. We actually debated it about a month ago and basically the committee amendment we just adopted is a current House position that we're sending to our colleagues back on the other side of the wall for further discussion. But just briefly, let's remind ourselves why we're doing this. For four years, under the Biden/Harris administration, with their lead Mayorkas in charge of our borders, we watched them open it up to millions and millions of people. Twenty is the latest number I've heard, million. Most of which came here claiming asylum. You've probably heard this before. 180 countries, most of which are not even eligible under our third safe country doctrine and treaties. Hold on a second. And actually, I just lost my whole train of thought. I apologize for that Mister Speaker. Anyway, we've heard all the debate before. The fact of the matter is our borders are - Tom Homan has estimated that nine out of ten of these asylum claims are illegitimate. Another study I saw, a third, a third would be considered legitimate enough to hear. The bottom line is this bill is pretty simple. We have no idea who claimed asylum and then knowing that many, many could be not even legitimate or from legitimate countries, it only makes sense to put the brakes on who we give our driver's licenses to. It is a privilege and that's all this bill does. When you get adjudicated in the immigration courts and you can prove that you can stay here legally, because keep in mind folks if you lose your case in the immigration courts and your asylum claim is rejected, you are ordered deported. So to give somebody a privilege is putting the cart before the horse. I feel bad for the legitimate asylees and all this because they're the ones that are going to have to get stuck waiting because of all the other people that took advantage. Again, this bill, SB 13 with now the amendment, which comes from HB 452. It just holds other drivers from other states to the same standard as the committee amendment establishes. So please support the majority committee report of ought to pass on SB 13. Thank you, Mister Speaker.
Speaker PackardRep. Walsh 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 ought to pass as amended on SB 13. This is a roll call vote. The Chair recognizes Rep. Veilleux for a parliamentary inquiry.
Rep. Daniel Veilleux (D - Hills 34)Thank you, Mister Speaker. Mister Speaker, if I know that SB 13 sends a message but serves no objective legal purpose. And, if I know that this bill targets people who are doing their best to follow the law. And finally, if I know that this bill will tie up state resources and extensive legal challenges for very little gain, would I now press the the green button to defeat? Red button, red. I swore I would never do that. I swore I would never do that, but there I go. Thank you very much over here. Would I now press the red button to defeat the motion, so another motion can be made? Thank you.
Speaker PackardThe Chair recognizes Rep. Gorski for a parliamentary inquiry.
Rep. Ted Gorski (R - Hills 2)Thank you, Mister Speaker. Mister Speaker, if I know that this bill clarifies that immigrants claiming asylum cannot get a driver's license until a claim has been adjudicated by the court. And, if I know that other states who provide driver's licenses to asylees and illegal immigrants do not conduct the proper in-depth vetting on them, which allows them to pass out driver's licenses like candy, then would I press the green button...
Rep. Ted Gorski (R - Hills 2)to support the motion of OTP? Thank you, Mister Speaker.
Speaker PackardThe motion before us is the majority committee report of ought to pass as amended on SB 13. This a roll call vote. If you're in favor, you'll press the green button. If you're opposed, you'll press the red button. Voting stations are open for 30 seconds. Have all members present had an opportunity to vote? The House will attend to the state of the vote. 192 voting Yay; 164 voting Nay, the committee report is adopted. REGULAR CALENDAR CONT'D
SB 157-FN, relative to inspection and registration of certain fleet vehicles and necessary amendments and administrative rules regarding the state implementation plan. OUGHT TO PASS. Rep. Matthew Pitaro for Transportation. This bill would allow vehicle rental companies with 50 or more fleet vehicles to be a part of a registration program where vehicles purchased during the vehicle's model year, or the year prior can obtain an initial inspection which would be valid for the common annual expiration date in the second year after purchase. The fleet vehicles would then resume an annual inspection schedule. The commissioner of the department of safety will be tasked with creating a set of rules for the program and the department of environmental services will submit an amendment to the state implementation to the U.S. Environmental Protection Agency for approval. This is a business-friendly bill that recognizes an avenue to increase efficiency and participation among one of the businesses within New Hampshire's tourism industry. Vote 15-0.
The question being adoption of the committee report of Ought to Pass. Rep. Layon offered floor amendment (2262h).
Floor Amendment (2262h)
Amend RSA 261:40-b, V as inserted by section 1 of the bill by replacing it with the following: V. The director of the division of motor vehicles shall adopt rules pursuant to RSA 541-A regarding enroll-
ment and cancellation of enrollment in the program, filing, invoicing, and payment procedures under the program. Amend the bill by replacing section 3 with the following:
3 Contingency. Sections 1 and 2 of this act shall take effect when the commissioner of the department of environmental services certifies to the director of the office of legislative services and the secretary of state that the United States Environmental Protection Agency has approved amendments to the state SIP as it relates to the rental fleet registration program established in RSA 261:40-b.
The question being adoption of floor amendment (2262h). Rep. Layon spoke in favor. Floor amendment (2262h) was adopted.
The question now being adoption of the committee report of Ought to Pass with Amendment. Committee report was adopted, and the bill was ordered to third reading.
SB 272-FN, relative to electric-vehicle charging station funding. MAJORITY: INEXPEDIENT TO LEGIS- LATE. MINORITY: OUGHT TO PASS. Rep. Henry Giasson for the Majority of Transportation. The underlying issue is that this bill addressed two issues, one being the ability for municipalities to create revolving funding pools to install and maintain charging stations that were taxpayer funded, and the other relative to enforcement of parking in a spot or charging station reserved for electric vehicles (EVs). While the committee supported the parking enforcement portion of this generally, there was concern that it was too broadly written and open to interpretation with further questions about the application of penalties, enforceability, and practicality. The first part of the bill, with regard to establishing funding pools using tax revenue was opposed by the majority as an overreach into the private market and a potential tax increase on the citizens of municipalities that chose to adopt this, and an expense that does not benefit all residents. Vote 8-7. Rep. Seth Miller for the Minority of Transportation. This bill serves two purposes, ensuring local control over infrastructure investment, while not mandating any expenses. The first is simple enabling legislation allowing towns to establish a revolving fund for building electric vehicle (EV) charging stations. As with other revolving fund infrastructure investment decisions, this would be left to the voters of that municipality to decide whether to actually fund the work or not. The second half of the bill is, again, enabling legislation allowing private and public entities to mark dedicated spaces for EV charging and establishing penalties for parking there when not actively charging. This ensures that facility owners and Granite Staters will benefit from the investment in this infrastructure.
The question being adoption of the majority committee report of Inexpedient to Legislate. Rep. Miller spoke against. Rep. Giasson spoke in favor. Rep. Granger requested a roll call; sufficiently seconded.
YEAS 195 - NAYS 163
Aldrich, Glen Bean, Harry YEAS - 195 Bordes, Mike Comtois, Barbara Dumais, Russell Harvey-Bolia, Juliet Nagel, David Ploszaj, Tom BELKNAP Toner, Travis Varney, Peter Bogert, Steven Freeman, Lisa Terry, Paul
Avellani, Lino Belcher, Mike CARROLL Hamblen, Joseph MacDonald, John Smith, Jonathan Brown, Richard Taylor, Brian Cordelli, Glenn Peternel, Katy Murphy, Denis Qualey, James Hunt, John CHESHIRE Nalevanko, Rich Rhodes, Jennifer Davis, Arnold Mattson, Rita Morency, Pete King, Seth Durkin, Sean Thackston, Dick Tierney, James Bjelobrk, Marie Louise Barton, Joseph COOS Sellers, John Franz, Linda Beaulier, Calvin Ladd, Rick Korzen, Lori Barbour, Liz Alexander, Joe Valerino, Brian Corcoran, Travis Berry, Ross Ammon, Keith Drew, Matt Creighton, James Boehm, Ralph GRAFTON Flanagan, Jack Dumont, Dillon Kelley, Diane Gorski, Ted Griffin, Gerald Dupont, Pierre Berezhny, Lex Kofalt, Jim Gould, Linda Gagne, Larry McFarlane, Donald Mazur, Lisa Labrie, Brian Kenny, Catherine Noble, Kristin Miles, Julie Lascelles, Richard HILLSBOROUGH Pauer, Diane Notter, Jeanine Mooney, Maureen Prout, Andrew Peeples, Raymond Ohm, Bill Boyd, Bill Scully, Kevin Raymond, Heather Presa, Adam Colcombe, Rich� Slottje, Jeremy Seidel, Sheila Reinfurt, Sherri Daniels, Gary Warden, Mark Suiter, John Sheehan, Vanessa Erf, Keith Wherry, Robert Tenczar, Jeffrey Giasson, Henry Kesselring, Steven Andrus, Louise Murphy, Mary Cambrils, Jose Morton, Jonathan Hill, Gregory Panek, Sandra Pitaro, Matthew Proulx, Mark Seaworth, Brian Schneller, John Wood, Clayton Sirois, Shane Mannion, Tom Ball, Lorie Mannion, Dennis Aures, Cyril MERRIMACK McGuire, Carol Drago, Mike McGuire, Dan Gonzalez, Ernesto Guthrie, Joseph Mehegan, Peter Aylward, Deborah Morse, Bryan Katsakiores, Phyllis Plante, Raymond Devoid, Ricky Boyd, Stephen Layon, Erica See, Alvin Moffett, Michael Thibault, James Pearson, Mark Polozov, Yury McMahon, Charles Walsh, Thomas Nelson, Jodi Popovici-Muller, Daniel ROCKINGHAM Pearson, Stephen Spillane, James Bennett, Cindy Bernardy, JD Bryer, Scott Tripp, Richard DeVito, Sayra Vose, Michael Thomas, Douglas DeSimone, Debra Ford, Mary Janigian, John Bailey, Glenn Dunn, Ron Foote, Charles Miner, Laurence DeRoy, Susan Lynn, Bob Kaczynski, Thomas Guzofski, James Harb, Robert McGrath, Linda Walker, David Nadeau, Brian Khan, Aboul Kuttab, Katelyn Perez, Kristine Drye, Margaret Roy, Terry Aron, Michael Litchfield, Melissa Love, David Soti, Julius Sytek, John St. Clair, Charlie Markell, Jay McDonnell, Valerie Verville, Kevin Wilson, Vicki Melvin, Charles Milz, David DeLemus, Susan Osborne, Jason Brown, Pam Harrington, Michael Turcotte, Len Porcelli, Susan Potucek, John
Sabourin dit Choini�re, Matt Selby, Donald
Summers, James Sweeney, Joe
Tudor, Paul Vandecasteele, Susan
MacDonald, Wayne Weyler, Kenneth
Burnham, Claudine STRAFFORD Farrington, Samuel Potenza, Kelley DeDe-Poulin, Denise Granger, Michael Hall, Robley
Grant, George SULLIVAN Aron, Judy Rollins, Skip Spilsbury, Walter Hemingway, Wayne Smith, Steven
NAYS - 163 BELKNAP Burroughs, Anita Paige, David CARROLL
McAleer, Chris
Ames, Dick Berch, Paul CHESHIRE Fox, Dru Germana, Dylan Faulkner, Barry Jacobs, Samantha Jones, Philip Germana, Nicholas Harvey, Cathryn O'Rorke, Terri Parshall, Lucius Weber, Lucy Gruber, James Newell, Jodi
Almy, Susan Baldwin, Heather GRAFTON Cormen, Thomas Fellows, Sallie Fracht, David Sullivan, Jared Lovett, Peter Lucas, Janet Bolton, Bill Oppel, Thomas Rockmore, Ellen Spahr, Terry Hakken-Phillips, Mary Stringham, Jerry Sykes, George Muirhead, Russell Stavis, Laurel
Murray, Alissandra Beauchemin, Paige HILLSBOROUGH Booras, Efstathia Budathoki, Suraj Chourasia, Manoj Cornell, Patricia Darby, Will Dargie, Paul Bergeron, Dan Elberger, Susan Davis, Fred Foss, Lily Chretien, Suzanne Gregg, Alicia Grill, Jessica Harriott-Gathright, Linda DiSilvestro, Linda Hegner, Karen Herbert, Christopher Jack, Martin Georges, Mary Juris, Louis Kerwin, Erin Kluger, Lee Ann Hartnett, Tim Leapley, Nicole LeClerc, Daniel Leishman, Peter Jeudy, Jean Long, Patrick Howard, Molly Murray, Megan Foxx, Loren Manohar, Sanjeev McGhee, Kat Murphy, Nancy Lloyd, Christal Plamondon, Marc Preece, David Newman, Ray MacKenzie, Mark Rung, Rosemarie Ryan, Linda Newman, Sue Petrigno, Peter Seibert, Christine Sofikitis, Catherine Spier, Carry Rombeau, Catherine Swanson, Dale Telerski, Laura Tellez, Trinidad Salvi, Santosh Veilleux, Daniel Thomas, Wendy Wheeler, Jonah Staub, Kathy Vail, Suzanne Wilhelm, Matthew
Bricchi, Tracy Caplan, Tony MERRIMACK Kelly, Eileen Ebel, Karen Gallager, Eric Hicks, Matthew Lane, Connie Luneau, David Colby, Eleana MacKay, James Newsom, James Roesener, James Gibbs, Merryl Schamberg, Thomas Snodgrass, Jim Soucy, Timothy Hall, Muriel Woods, Gary Sargent, Gregory Wallner, Mary Jane
Balboni, Peggy Cahill, Michael ROCKINGHAM Donnelly, Tanya Edgar, Michael Gilman, Julie Haskins, Linda Murray, Kate Knab, Allison de Vries, Erica Maggiore, Jim Malloy, Dennis Manos, Zoe Grote, Jaci Muns, Chris Raynolds, Ned Scherr, Buzz Paige, Mark Sorensen, Carrie Turer, Eric Vallone, Mark Meuse, David Weinstein, Toni Simpson, Alexis Ward, Gerald
Bay, Luz Bixby, Peter STRAFFORD England, Myles Gilmore, Gary Howard, Heath Howland, Allan LaMontagne, Jessica Larochelle, John Burton, Wayne Smith, Marjorie Malone, Amy Miller, Seth Horrigan, Timothy Selig, Loren Southworth, Thomas Stone, John Levesque, Cassandra Wall, Janet Schmidt, Peter Wade, Alice