Senate rejects marine habitat fee, advances health facility licensing and electioneering change in extended session

CONCORD, N.H. — The New Hampshire Senate concluded an extended session that produced several formal outcomes on bills ranging from a proposed marine habitat fee to changes in electioneering rules and residential care licensing.

The most contested item, Senate Bill 159, which would have authorized a marine habitat fee to raise dedicated funds for coastal and marine habitat projects, failed when the Senate adopted a motion of “inexpedient to legislate” 16-7 after extended floor debate. Supporters, led by Senator Waters, urged the chamber to allow Fish and Game to establish a small per-license fee (approximately $2.50 was discussed) to create matching funds for restoration and to help the agency compete for federal grants. Opponents, including Senator Lang, argued the timing was wrong amid inflation and that adding fees could discourage recreational fishing.

The Senate moved other bills along the legislative process. Senate Bill 37, a Department of Health and Human Services request that revises residential care and health facility licensing requirements, passed out of committee with amendments and was ordered to third reading. The bill, presented by Senator Long, requires licensed residential care facilities to implement quality assurance programs, post the results of investigations and life-safety inspections, and adjusts training terminology in licensing rules. A floor amendment from Senator Pearl changed the requirement to post investigation results from being physically posted in facilities to being posted on the Department of Health and Human Services website; that amendment was adopted.

On election law, the Senate approved an amended version of Senate Bill 43 that narrows a ban on political apparel inside polling places by allowing voters who are "in the act of voting" to wear clothing with political messages. Supporters said the change aligned New Hampshire practice with the U.S. Supreme Court’s guidance in Minnesota Voters Alliance v. Mansky (2018). Dissenting members, led by Senator Altschuler, said the bill lacked the needed precision and risked creating an environment that could intimidate or influence other voters.

The body also handled several finance and committee matters. The Finance Committee recommended Senate Bill 240, a non-lapsing appropriation of $15 million for fiscal year 2026 and $15 million for fiscal year 2027 for eligible wastewater projects under the state aid grant program; the committee recommended passage, but the bill was later laid on the table on the floor. Senate Bill 106, addressing participation by large customer generators in net energy metering, was reported out by the Energy and Natural Resources Committee with an amendment and ordered to the committee on finance; the measure would require generators between 1 and 5 megawatts to consume at least 33% of their own generation while exempting low- and moderate-income customers.

Other actions: the Senate adopted the consent calendar; Senate Bill 76 (changes to the Office of the Child Advocate) was reported inexpedient to legislate by the Committee on Children and Family Law and the Senate adopted that recommendation; Senate Bill 60 (advance deposit account wagering) and Senate Bill 73 (bingo prize limits) were advanced to third reading after committee and floor amendments; and Senate Bill 71 (cooperation with federal immigration authorities) was re-referred back to Senate Finance.

Floor debate included both technical and policy-focused concerns. On SB 76, Senator Abbas said committee members opposed the bill chiefly because its language appeared to expand the Office of the Child Advocate’s authority to review and obtain records (including going back three years) without adequate checks and would effectively make many records exempt from RSA 91-A public access requests. On SB 159, Senator Waters delivered an extended floor statement describing coastal warming trends, threats to shellfish and fisheries, and the need for habitat restoration funding; Senator Lang and others urged caution about adding fees during economic pressure on residents.

The Senate recessed at points for joint convention business and to introduce guests, and it adjourned its early session and moved into a late session where the listed actions were completed. The body recessed to the call of the chair at the session’s close.

Votes at a glance - SB 159 (marine habitat fee): Motion of Inexpedient to Legislate adopted; recorded roll-call: 16 yes, 7 no. (Sponsor: committee presentation by Senator Murphy; floor debate led by Senator Waters.) - SB 76 (Office of Child Advocate): Committee recommended Inexpedient to Legislate; motion adopted. (Committee presentation: Senator Abbas.) - SB 37 (residential care/health facility licensing): Ought to pass with amendment adopted; ordered to third reading. (Committee presentation: Senator Long; floor amendment by Senator Pearl to post results on DHHS website adopted.) - SB 43 (electioneering apparel): Ought to pass as amended; ordered to third reading. (Committee presentation: Senator Lang; floor debate included Senator Altschuler.) - SB 240 FNA (DEP water projects appropriation): Committee recommended ought to pass; the bill was laid on the table on the floor. (Committee presentation: Senator Lang.) - SB 106 FN (net energy metering/customer generators): Ought to pass as amended; ordered to Senate Finance. (Committee presentation: Senator Waters; Senator Perkins Quilka declared a conflict and did not participate.) - SB 60 FN (advance deposit wagering): Ought to pass as amended; ordered to third reading. (Committee presentation: Senator Lane.) - SB 73 FN (bingo operation/prize limits): Ought to pass as amended; floor amendment adopted to retain current cap for smaller operators; ordered to third reading. (Committee presentation: Senator Rosenwald; floor amendment by Senator Sullivan.) - SB 71 FN (cooperation with federal immigration authorities): Re-referred to Senate Finance on motion; no final passage recorded.

Note: Where roll-call tallies were recorded in the transcript, they are listed above. Other committee recommendations and voice votes were recorded as adopted on the floor without individual roll-call tallies in the transcript.