Non-spending topics dominate final fight over state budget

Jun. 13—Abortion restrictions, gubernatorial emergency powers, an expansion of school choice and the teaching of racial diversity all will be debated vigorously over the next four days as legislators try to reach consensus on a two-year state budget.

Much of the spending in the $13.5 billion package is no longer in dispute.

During a friendly, no-drama meeting Friday afternoon, House and Senate Republican budget writers came to a deal on the main spending bill (HB 1).

"The budget is on the verge of passing, which is great," Gov. Chris Sununu said Thursday.

But the so-called budget trailer bill (HB 2), which contains the changes in state law that go with the budget, is quite another matter.

The House and Senate have a few dozen differences between them on this massive, 300-page bill, including a few main areas of contention.

"We've got the easy one down. Now comes the harder one," said House Finance Vice Chairman Lynne Ober, R-Hudson.

Sununu said he has kept in close contact with legislative budget writers, but he admitted last week it was unclear how lawmakers would resolve the emergency powers issue.

"I don't know how that's all going to work out," Sununu said.

The main bill itself was easy to close out once House budget writers agreed with the Senate to raise their estimates for state revenues by nearly $200 million.

"We were in a tight revenue position when we put our budget together, but thankfully now we have more money," said House Finance Committee Chairman Ken Weyler, R-Kingston.

'Investing' existing surplus

The trailer bill includes many specific spending items that aren't contained in the budget bill.

These include a new $30 million forensic hospital for psychiatric patients, a $25 million infusion into affordable housing projects and $10 million in relief for the victims of the Financial Resources Mortgage Ponzi scheme.

Greg Moore, state director of Americans for Prosperity, said Senate President Chuck Morse, R-Salem, artfully made many of these items "one-time investments," spending down an estimated $270 million budget surplus in the current fiscal year, which ends June 30.

"The Senate budget doesn't look like it spends much more than the House, until you look back at how much the Senate plowed spending into the current year," Moore said.

Some House conservatives were not happy about the maneuver.

"Shocked. The only word I can use is shocked," said Rep. David Binford, R-Bath, referring to the list of more than 30 spending items Senate budget writers added to the budget.

Many House conservatives were pleased the Senate revived the so-called freedom scholarships, which would give parents vouchers if they sent their children to alternative, private, religious, charter or public schools not in their neighborhoods.

A House version of the plan (HB 20) failed to get out of committee.

Opponents warn the vouchers would strip public schools of needed resources.

Family leave plan

The right-of-center House Republican Alliance (HRA) has taken aim at Sununu's plan in the Senate trailer bill to create a voluntary family leave program for state employees and any private business with at least 50 employees that wants to join.

"We were open to the possibility of reaching a compromise.... We were hopeful of finding a free-market based solution for those who would like to have access to such an insurance product. This proposal lacks sincerity," said Rep. Mike Sylvia, R-Belmont.

The HRA worries that participating businesses will be able to impose a "tax on income" of their workers to pay for the program, while state taxpayers would foot the cost of the benefit for state workers.

"This program violates both our Constitution and party platform in too many ways to get HRA support. As much as we'd like to pass a strong Republican budget, this piece is a serious threat," said Rep. Peter Torosian, R-Atkinson.

Sununu said the state Insurance Department has been working for two years on this model. He noted that it offers firms a business tax credit if they decide to provide the benefit.

Emergency powers

The battle over emergency powers looks to be an even bigger obstacle.

It would take only a dozen House GOP members to vote no on HB2 for it to fail, since no House Democrats will back it.

A small band of House GOP conservatives is determined that the final package dilute executive power in future emergencies.

The House version of the budget would end any state of emergency after 21 days and force the governor to secure permission from the Legislature to extend it.

"The only group that the Legislature is fooling is themselves, if after 63 weeks of authoritarian rule, they think we should continue this for another two years," said Rep. Kevin Verville, R-Deerfield.

"It is time to safeguard our citizens, uphold the N.H. Constitution, and make sure that we never go down this path again."

Sununu has called the House position a "non-starter" and is determined to fight it.

Broad abortion ban

A proposed ban on abortions after 24 weeks, except to save the life of the mother, has Sununu's support.

Some past and present medical providers said the ban was not the "mainstream" measure Sununu has characterized it as.

"It should not be up to politicians in the State House or to Governor Sununu to limit or dictate health care," said Dr. Wayne Goldner, a retired obstetrician.

"Elective abortions are not done in the United States in the third trimester."

State Sen. Tom Sherman, D-Rye, noted that unlike most states with late-term abortion bans, this proposal does not have exceptions for rape, incest or fetal abnormalities.

"This would make New Hampshire one of the least attractive states in the country to practice," said Sherman, a gastroenterologist.

"If this passes, this would be the last place I would come to practice maternal fetal medicine."

Teaching racial diversity

On the teaching of racial diversity, Sununu again has come down on the side of the Senate, whose majority leader, Jeb Bradley, R-Wolfeboro, crafted a watered-down version of the House plan to outlaw discussion of certain so-called "divisive concepts."

House conservatives particularly had taken aim at public schools teaching Critical Race Theory — the idea that racism is not just the product of individual bias or prejudice, but is embedded in legal systems and policies.

"That's a very dangerous slope to go down, creates real First Amendment issues," Sununu said of the House language. "The Senate did a very good job at strengthening our anti-discrimination laws that work very well."

Senate Democratic Leader Donna Soucy of Manchester attacked the House effort, which has been roundly criticized by civil libertarians and the leaders of some human services groups.

"To call this direct violation of our First Amendment rights an 'anti-discrimination' effort is an outrageous façade," Soucy said. "The only effect this legislation will have on discrimination in our state is it will prevent discussions around it."

klandrigan@unionleader.com