Cook on Concord: Busy legislative sessions

Representatives and senators file over 1,000 bills in a typical second year

Brad Cook

For the last few decades, the New Hampshire legislature has split its 90 “legislative days” equally between the first and second years of the two-year legislative term.

Before that, the majority were reserved for the first year when the state budget was the focus, and a few were reserved for emergencies that could be taken up during the second year. Now, the Legislature meets about an equal length of time each year.

During the second year, with no budget to consider, one might think there was less work to do. However, the 424 representatives and senators still file over 1,000 bills in a typical second year, each of which has to have a hearing and vote.

The second year provides opportunity for legislative mischief. Proposals to return to having the Legislature meet every other year have gone nowhere.

This year is no exception. Hosts of bills have been proposed, those left over from last year have been considered already, and the Legislature is active in trying to plow through its work.

Already, the Legislature has rejected a proposal to cap school district spending, opponents suggesting the state would be interfering with local decision-making.

A proposal to redistrict New Hampshire’s two congressional districts, facing opposition from Gov. Kelly Ayotte, notwithstanding the urging of President Trump here, as in other states, has been transformed into a proposal to have voters vote on spending caps on local budgets periodically.

Rep. Ross Berry, R-Manchester, argues that property taxes are too high, people are complaining about them, and the spending should be capped.

At a hearing held in January, opponents such as the Municipal Association, argued this would be against local control, costs for localities are largely out of the control of the local governments, and capping spending would deprive citizens of needed services, with the layoff of police, fire and education employees.

This proposal again raises the issue of how New Hampshire raises money, whether our over-reliance on property taxes, the most regressive of taxes, makes any sense in 2026, and why costs are rising so much.

Legislators were reminded that they are partly to blame for the increased costs for localities, as many of the costs paid for by the state directly or by aid to towns and cities, has been reduced as the state has had to deal with its own budget issues.

Those issues were partly created by the repeal or reduction in taxes, largely the Interest and Dividends tax, so the problem was self-inflicted. Having the state legislature, which reduced the aid, now impose caps on local spending, it is argued, would not only squeeze towns and cities, but also would be hypocritical.

One of the problems with all this is that it appears to be intentional, at least from certain legislators who are hostile to all government, believe government services largely are improper, and are anti-public schools. The anti-government, anti-public school efforts have shown up other proposals.

Among other issues before the Legislature this year are proposals to legalize marijuana, make child care more available and affordable, repeal portions of the parent’s bill of rights to enable the broadcasting of school sports (a measure to correct an inadvertent effect of the law requiring parental consent before the filming of children in schools or by governmental units), limiting hospital executive compensation in certain circumstances, increasing state education aid in response to court decisions, increasing penalties for assaulting emergency room employees, and providing oversight of AI.

Repeat topics under consideration in other bills are those seeking to limit local governments from imposing restrictions on housing, allowing auxiliary housing units, and others claiming to encourage “affordable” housing, creating new housing zones, restricting lot-size requirements.

Several bills relate to property tax exemptions given to religious and charitable organizations. In a state so reliant on property taxes, this is a legislative topic that has been around forever. Also in the housing, zoning and planning category are bills relative to membership on regulatory boards, zoning variance criteria, appeal periods after zoning decisions, prohibiting development restrictions and many more.

National and international topics also are addressed by many bills, raising the question of whether New Hampshire laws can have any effect on national and international trends. One, prohibiting the construction of data centers in the state and creating a committee to study such centers, raises interesting issues of energy use, intellectual property evolution and AI.

All of this reinforces the question of whether annual consideration of these things is necessary. It also points out the importance who is elected to the 424 positions. All voters in New Hampshire should study the candidates and know their positions before sending them to Concord.

Our state and its future depend on it.

Brad Cook is a Manchester attorney. The views expressed in this column are his own. He can be reached at bradfordcook01@gmail.com.