Video & Transcript Research : 'retroactive ratification'

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CO

Colorado 2026 Regular Session

Colorado Senate 2026 Legislative Day 111 May 4th, 2026

Colorado Senate Floor Meeting

Transcript Highlights:
  • Um, may I retroactively have a moment of personal privilege, Mr. President?
  • Senator Kip will be fined $1 for retroactively requesting a moment of personal privilege, and an additional
Keywords: 981, all
Summary: The Senate came to order, established a quorum, and approved the journal. It then took up several introductions and resolutions, including House Bill 1139 on artificial intelligence in healthcare and House Bill 1263 on requirements for conversational AI services, both referred to the Business, Labor, and Technology Committee. The chamber also moved out of order to consider resolutions and adopted Senate Joint Resolution 25, recognizing the 150th anniversary of the Colorado Mining Association and its role in Colorado’s history and economy. The resolution passed 34-0, and the current roll call was added as co-sponsors. The Senate also adopted House Joint Resolution 1030, designating a portion of Colorado Highway 14 in Weld County as Mono and Matt Road in memory of Eduardo Mono Hernandez and Matthew Garcia. Supporters described the resolution as a tribute to the two Greeley Central High School student-athletes and to the community’s response after their 2014 deaths. The resolution passed 34-0, and the current roll call was added as co-sponsors. Later, the Senate considered a gubernatorial appointment to the Transportation Commission: Juan Marano of Aurora, to represent the Third Transportation District. The appointment was confirmed on a 19-16 vote. The chamber then took up the third-reading consent calendar and passed House Bill 1235 on medical assistance updates, House Bill 1299 on reducing regulatory burdens on local education providers, and Senate Bill 175 on workers’ compensation experience modification factors. House Bill 1235 passed 31-4, House Bill 1299 passed 35-0, and Senate Bill 175 passed without recorded opposition. On final passage, the Senate adopted a technical third-reading amendment to House Bill 113 on election law changes, then passed the bill 23-12 after debate over election-related vulnerabilities. It also passed House Bill 1346, allowing the Department of the Treasury to sell unsold insurance premium tax credits to non-insurance entities, by 23-12; House Bill 1252, updating state entities responsible for emergency response, by 33-2; House Bill 1010, increasing support for older adults in the workforce, by 23-12; and Senate Bill 177, concerning limited access to adjoining property for repairs, after extended debate in which Senator Kirkmeyer argued the measure infringed on private property rights and should be rejected.
WY

Wyoming 2026 Regular Session

House Floor Session-Day 11, February 21, 2026-PM

Wyoming House Floor Meeting

Transcript Highlights:
  • Lack of monitoring increases the risk of vendor audit penalties, retroactive license compliance payments
  • Lack of monitoring increases the risk of vendor audit penalties, retroactive license compliance payments
  • Lack of monitoring increases the risk of vendor audit penalties, retroactive license compliance payments
Keywords: 916, all
CA

California 2025-2026 Regular Session

Assembly Floor Session May 26th, 2026

California House Floor Meeting

Transcript Highlights:
  • Second, this bill protects three-month retroactive reimbursement for new Medi-Cal patients.
Keywords: 988, house, all
Summary: The Assembly convened in session, established a quorum, offered a prayer and pledge, and then moved through a very large third-reading file while urging members to be at their desks for their bills. The day featured many support measures on housing, health care, public safety, local government, labor, education, and consumer protection, with repeated reminders that absent authors would have their bills skipped. Several bills were passed temporarily or retained on file, but the chamber spent most of the time taking up individual measures and voting on them. Among the bills discussed were measures on land surveying, nurse midwifery access, historic-district transit zoning, EV charging infrastructure, foreclosure equity protections, tribal inclusion in interstate cannabis commerce, outdoor advertising permitting delays, commercial building permit timelines, DUI penalties, farmworker disadvantaged-community designation, restaurant reservation bots, open-space tax exemptions, pop-up business permits, anti-hate training for officials, sideshows and street takeovers, utility rate transparency, CalWORKs eligibility, dynamic electricity rates, interior designer licensure, compost contamination, modular housing standards, small claims limits for businesses, Native American Day as a paid state holiday, rural maternity care funding, protective orders tied to defendant release, immigrant service provider privacy under Safe at Home, mentally disordered offender evaluations, compounded weight-loss drug regulation, plasma donation center rules, missing persons DNA database updates, AI chatbot safeguards for children, an official state apology to California Native peoples, foster youth housing navigation, CTE teacher credentialing, Medi-Cal protections against federal cuts, CalFresh protections, public hospital physician employment authority, child care, and film tax credit changes for post-production work. Testimony was generally supportive from authors, who framed the bills as cleanup, modernization, consumer protection, or targeted equity measures. A few measures drew notable opposition or debate, especially AB 2624 on Safe at Home privacy protections for immigrant service providers, where opponents argued it could chill journalism and transparency while supporters said it was needed to protect people facing doxing and threats. AB 2208 and AB 2299 were presented as responses to federal HR 1 impacts on Medi-Cal and CalFresh, and AB 2023 on AI chatbots drew emotional support centered on child safety and a reported suicide case. The chamber also heard strong advocacy for Native American recognition bills, rural health access, and housing affordability. Most bills passed with little or no opposition, often unanimously. Recorded votes included AB 1933 (48-0), AB 1696 (49-0), AB 2415 (54-0), AB 1820 (50-0), AB 1957 (53-0), AB 2506 (60-0), AB 2024 (58-0), AB 2418 (61-0), AB 1578 (44-17), AB 1600 (46-9), AB 1661 (44-10), AB 1715 (46-7), AB 1755 (66-0), AB 1787 (43-5), AB 1796 (45-6), AB 1812 (47-1), AB 1815 (57-0), AB 1827 (59-0), AB 1841 (64-0), AB 1868 (61-0), AB 1882 (64-0), AB 1889 (69-0), AB 2624 (49-19), AB 1897 (57-1), AB 1990 (52-0), AB 2009 (65-0), AB 2018 (60-0), AB 2023 (58-8), AB 2115 (65-0), AB 2162 (60-0), AB 2206 (62-0), AB 2208 (42-17), AB 2237 (54-0), AB 2241 (62-0), AB 2246 (56-1), AB 2249 (51-0), AB 2299 (51-1), AB 2311 (65-0), and AB 2314 (68-0). The session ended with the Assembly still working through the file, including the opening of AB 2319 on film tax credits.
CA

California 2025-2026 Regular Session

Assembly Floor Session May 26th, 2026

California House Floor Meeting

Transcript Highlights:
  • Second, this bill protects three-month retroactive reimbursement for new Medi-Cal patients.
Summary: The Assembly convened, established a quorum, and proceeded through a large House of Origin floor file, with the Speaker repeatedly urging members to be at their desks and keep support bills brief. Early actions included dispensing with the journal, re-referring AB 2285 to the Banking and Finance Committee, and then taking up dozens of third-reading items, with many bills passed by voice or recorded vote and others passed temporarily or retained on file. The floor debated and passed a wide range of measures on land use, housing, labor, public safety, health care, utilities, taxation, and consumer protection. Among the bills approved were measures on land surveyor review (AB 1933), nurse midwife access for pregnant and postpartum patients (AB 1696), historic-district transit zoning flexibility (AB 2415), EV charging infrastructure fees and timelines (AB 1820), foreclosure bidding protections (AB 1957), tribal cannabis commerce (AB 2506), outdoor advertising permitting (AB 2024), commercial building permit timelines and third-party plan checkers (AB 2418), DUI penalties (AB 1685 and AB 1687), utility rate transparency (AB 1715), CalWORKs work-penalty changes (AB 1755), dynamic electricity rates (AB 1787), interior designer licensure (AB 1796), compost labeling and contamination rules (AB 1812), modular housing standardization (AB 1815), small claims limits for businesses (AB 1827), Native American Day as a paid state holiday (AB 1841), hospital staffing and maternity access bills (AB 1868 and AB 1882), protective orders tied to release dates (AB 1889), and a series of public health, missing persons, and teacher credentialing measures later in the file. Several high-profile bills drew extended debate. AB 2624, expanding Safe at Home privacy protections to immigrant service providers, prompted sharp disagreement over free speech and alleged limits on online posting, but supporters said it protected workers facing threats and doxing; it ultimately passed 49-19. AB 2023, creating a framework for regulating AI chatbots used by children, was framed as a child-safety measure after testimony about chatbot-related harms and suicide risks, and passed 58-8. Other notable votes included AB 2208 on Medi-Cal protections against federal cuts, AB 2299 on CalFresh/SNAP losses, AB 2115 apologizing to California Native peoples for historic state harms, and AB 2311 on public hospital physician employment; the transcript ends as the Assembly continues working through the remaining file.
NH

New Hampshire 2026 Regular Session

House Finance (04/13/2026)

Finance

Transcript Highlights:
  • will say that one aspect of HR1 that was not positive for nursing homes is the ability to bill retroactively
Keywords: 1189, house, all
TX

Texas 89th 2nd C.S.

Health and Human Services Apr 8th, 2026

Health & Human Services

Transcript Highlights:
  • They initially pay $150, but months later they adjust the claim retroactively.
Summary: The Senate Committee on Health and Human Services convened to discuss interim charges regarding fraud, waste, and abuse in Texas human services, particularly focusing on Medicaid and childcare programs. The meeting highlighted the importance of preventing misuse of taxpayer funds, with testimony from various stakeholders emphasizing the need for increased oversight and accountability in these programs. Key points included the alarming rise in healthcare fraud in other states, the necessity for Texas to enhance its fraud prevention measures, and the potential financial repercussions of failing to meet federal compliance standards. Several committee members expressed concerns about the impact of fraud on vulnerable populations, particularly those relying on Medicaid services. Testimonies from experts underscored the effectiveness of Texas's Office of Inspector General (OIG) in combating fraud, yet pointed out existing vulnerabilities, such as inconsistent enforcement and the need for better data sharing among agencies. The discussion also touched on the challenges faced by hospice care providers, with a significant increase in the number of hospices in Texas raising concerns about quality and oversight. The committee heard from various witnesses, including representatives from health plans and advocacy organizations, who provided insights into the complexities of managing Medicaid and the importance of maintaining program integrity. The meeting concluded with a commitment to further explore legislative solutions to enhance oversight and ensure that resources are directed to those in genuine need.
MD

Maryland 2026 Regular Session

Senate Floor Session, 3/3/2026 #1

Maryland Senate Floor Meeting

Transcript Highlights:
  • So this basically makes the bill retroactive.
Summary: The Senate convened with an invocation, journalized the prayer, and recognized Read Across America Day with a special resolution congratulating the Maryland State Education Association on the program’s 28th anniversary. Senators also welcomed several guests and student groups, including Eleanor Roosevelt High School students, Maryland Federation of Republican Women members for Red Scarf Day, medical shadows from Johns Hopkins, a student page prospect, and a group from Matthew Henson Elementary School. The chamber then took up multiple Finance Committee consent calendars and individual local alcohol-related bills, all of which were reported favorably, adopted without objection, and ordered printed for third reading. Measures included changes to alcohol license fee refunds for uniformed service members, Anne Arundel County license classifications and compensation for liquor board officials, a Baltimore City racetrack license extension, a Cecil County license quota change, and new or expanded licenses for golf courses, sports venues, and barber shop/beauty salon establishments. The Senate also advanced bills on social work licensing, a rural readiness economic development program, a Maryland-Ireland Trade Commission extension, peer-to-peer car sharing insurance rules, telematics-based auto insurance disclosures and appeals, and veteran status notation on public profiles. Several bills were amended before being advanced, generally with technical or clarifying changes and no recorded opposition. Senate Bill 18 would create a provisional social work license; Senate Bill 351 would regulate insurer use of vehicle telematics data; Senate Bill 395 would revise insurance and liability rules for peer-to-peer car sharing; and Senate Bill 197 would alter comprehensive plan elements in land use law. Senate Bill 439, protecting fire and rescue public safety employees from adverse action based on medical cannabis certification, also moved forward without amendment. One measure, Senate Bill 69, which would make permanent the nonprofit navigator position in the Department of Commerce, was discussed at length after a member raised concerns about oversight of nonprofit grant funding. On request, the bill was special ordered to the next day for further consideration. All other bills discussed in the transcript were advanced to third reading by unanimous or near-unanimous voice action, with no recorded roll-call votes.
HI

Hawaii 2026 Regular Session

WAL Public Hearing - Thu Feb 5, 2026 @ 9:00 AM HST

Water & Land

Transcript Highlights:
  • I also want to add that we support the retroactive rehabilitation and long-term care agreement provision
Summary: The committee first heard HB 1527 relating to gambling. The chair outlined hearing rules, including a two-minute limit and a warning that bills not heard would die. Testimony was overwhelmingly in support from a prosecutor, Honolulu Police Department, and Stop Predatory Gambling, all arguing that casinos and sports betting increase crime, sex trafficking, harassment of athletes, and broader social harm. No opposition testimony was presented, and the committee moved on without questions or action taken on the bill. The committee then heard HB 1823 relating to coastal zone management and HB 2490 relating to coastal resilience. For HB 1823, DLNR, the Office of Planning, and Maui County testified, with Maui County supporting the measure and its proposed amendments. For HB 2490, DLNR expressed concern about exempting a proposed Mokuji Bay pilot project from permits and regulation before a long-term plan is finalized, while the County of Maui, the Mokuji Soto Zen Mission, and the Office of Planning supported the bill as a coastal resilience pilot. The mission described severe erosion, sea-level rise impacts, and years of unsuccessful efforts to stabilize the shoreline; its consultant said the study is leaning toward nature-based and hybrid solutions. In questioning, members and DLNR discussed whether the bill should say the project “shall” or “may” be exempt, and the chair indicated the language would be adjusted to preserve DLNR discretion and to change the lead agency reference to OPSD. No vote was taken in the transcript. Finally, the committee took up HB 2223 relating to historic preservation reviews. SHPD said it stood on its written comments, while OPSD and DHHL supported the bill. DHHL argued the measure would streamline reviews, improve transparency, and help address long wait times for its projects, saying it could alleviate burden on SHPD and better serve beneficiaries. Representative Shimizu questioned whether the bill would create redundancy and expand government rather than strengthen SHPD, noting a separate staffing bill already exists. SHPD responded that DHHL is uniquely subject to 6E review and that the bill would not waive federal or state historic review requirements; the discussion also touched on possible federal-style grant support and the existing memorandum of agreement between SHPD and DHHL. The transcript ends during questioning, with no final committee action shown.
MS

Mississippi 2026 Regular Session

Finance - Room 216, 20 January, 2026; 10:30 AM

Finance

Transcript Highlights:
  • And we made it retroactive. We went back in time to people that already retired.
Summary: The committee heard an update from PERS Executive Director Higgins, who reported that the system has about $38 billion in assets, earned roughly 11.7% last fiscal year, and is about 57% funded. He thanked lawmakers for a newly passed $1 billion funding bill and emphasized that funding the existing system remains the top priority. Higgins also noted that the board’s actuarially recommended contribution is about 26% of payroll, while the system is currently receiving about 18.4%, and said PERS will return later in session with a few requested bills. Higgins addressed several policy topics under discussion this session, including return-to-work rules, first responders, and Tier 5. He said return-to-work changes are possible if the law is changed and funding implications are addressed. For first responders, he said any special treatment should be done within PERS rather than by creating a separate system, with the affected group and parameters clearly defined and fully funded. He also said the new Tier 5 hybrid plan is being implemented on track for March 1 and is projected to improve the system’s long-term financial position by reducing future liabilities and helping pay down the unfunded liability. Members then questioned Higgins about the system’s funding policy, the 30-year closed amortization period used in the ADC calculation, and whether that approach should be revisited in light of recent funding actions and changes in assumptions. Higgins said the board reviews the policy annually, that the closed amortization approach was chosen to better pay down the unfunded liability, and that the annual valuation and experience studies already incorporate recent funding changes, Tier 5, and the phased employer-rate increases. He acknowledged that a significant new infusion of funding could justify reviewing the amortization period, but cautioned against changing it too often because it could undermine progress toward paying down the unfunded liability.
NH
Transcript Highlights:
  • so the Elliot Hospital transferred her to Brigham and Women's Hospital in Boston, and the MCO retroactively
Keywords: 928, house, all
Summary: The Committee to Study Long-Term Managed Care met to approve prior minutes and outline its schedule, with meetings set for September 24 and September 29 ahead of an October 1 report deadline. The chair said the committee would use the first two meetings to digest testimony, likely ask follow-up questions of DHS, and then work toward conclusions and a report format. The minutes from the previous meeting were approved unanimously. The main testimony came from Sharon Alexander of Amera Health, who argued in favor of moving from fee-for-service Medicaid long-term services and supports to a managed LTSS model. She described managed LTSS as a capitated, quality-driven system used in about 26 states, and said it can improve care coordination, accountability, access to home- and community-based services, and budget predictability. She cited Amera Health’s experience in Pennsylvania and Delaware, including care coordination, housing and transportation support, caregiver programs, and quality benchmarks tied to state oversight. She also said nursing facilities would remain an important option for people who need that level of care. Committee members asked about how the programs are administered, how rates are set, how care managers work, and how quality is measured. Alexander said states contract with managed care organizations at actuarially sound capitated rates, with annual contracts, reporting, and oversight. She explained that care managers typically conduct quarterly assessments and follow up after trigger events such as hospitalization, and that housing coordinators may assist with transitions to the community. On quality, she said states use CMS-related and HCBS benchmark measures covering service timeliness, care planning, transitions, and other outcomes, and that New Hampshire could build on existing metrics rather than starting from scratch. She also noted that rural areas face workforce and transportation challenges, which managed care plans try to address through technology and self-direction options.
MN
Transcript Highlights:
  • This retroactively delays until 2029 the implementation and enforcement of the current law requirement
Keywords: 1187, senate, all
TX

Texas 89th Regular

89th Legislative Session May 8th, 2025

Texas House Floor Meeting

Transcript Highlights:
  • Louisiana, the Supreme Court held that the Miller case was not prospective; it is retroactive.
Bills: SB17, SB1569, SB2420, HB5138, HJR161, HB1937, HB3334, HB5444, HB5137, HB361, HB321, HB5447, HB464, HB678, HB2294, HB4172, HB3225, HB1769, HB5394, HB1837, HB1787, HB2271, HB2440, HB5134, HB5149, HB2151, HB2073, HB2186, HB2025, HB1936, HB1777, HB1663, HB 1306, HB 1290, HB1527, HB4802, HB3462, HB2963, HB2462, HB2560, HB644, HB2725, HB2621, HB2588, HB1443, HB1403, HB3032, HB1557, HB1664, HB2811, HB2088, HB2598, HB3062, HB3134, HB3940, HB4027, HB4097, HB4862, HB4170, HB4157, HB4205, HB4279, HB4377, HB4838, HB5424, HB5294, HB4870, HB4763, HB5639, HB4112, HB2275, HB1677, HB5014, HB3848, HB3797, HB3727, HB3709, HB3177, HB3057, HB4176, HB4202, HB2180, HB3528, HB3658, HCR76, HCR127, SB906, SB1229, SB855, SB703, SB1025, SB888, SB1119, SB1080, SB929, SB1355, SB2231, SB1877, SB1998, SB552, SB17, SB1569, SB2420, HB2697, HB3801, HB3488, HB3477, HB3466, HB3469, HB2594, HB2564, HB2298, HB5331, HB5646, HB5247, HB5323, HB4384, HB3896, HB4014, HB3627, HB3594, HB2524, HB510, HB561, HB 1181, HB3963, HB5111, HB2785, HB1661, HB200, HB1803, HB249, HB721, HB851, HB 1128, HB1904, HB30, HB1916, HB541, HB5560, HB3071, HB5627, HB5435, HB2688, HB3045, HB3483, HB4213, HB4226, HB783, HB175, HB4735, HB5155, HB5057, HB4813, HB5339, HB5196, HB5033, HB3486, HB4211, HB74, HB4730, HB4743, HB4463, HB4139, HB4752, HB4486, HB4437, HB4426, HB4396, HB4263, HB3487, HB3418, HB2266, HB2229, HB2189, HB5224, HB5195, HB3947, HB3358, HB3370, HB3745, HB3697, HB2001, HB1968, HB3371, HB3909, HB4944, HB2284, HB4506, HB3317, HB4166, HB3913, HB1768, HB4603, HB2494, HB3099, HJR138, HB133, HB3832, HB1988, HCR34, HB3421, HB3892, HB5138, HJR161, HB1937, HB3334, HB5444, HB5137, HB361, HB321, HB5447, HB464, HB678, HB2294, HB4172, HB3225, HB1769, HB5394, HB1837, HB1787, HB2271, HB2440, HB5134, HB5149, HB2151, HB2073, HB2186, HB2025, HB1936, HB1777, HB1663, HB 1306, HB 1290, HB1527, HB4802, HB3462, HB2963, HB2462, HB2560, HB644, HB2725, HB2621, HB2588, HB1443, HB1403, HB3032, HB1557, HB1664, HB2811, HB2088, HB2598, HB3062, HB3134, HB3940, HB4027, HB4097, HB4862, HB4170, HB4157, HB4205, HB4279, HB4377, HB4838, HB5424, HB5294, HB4870, HB4763, HB5639, HB4112, HB2275, HB1677, HB5014, HB3848, HB3797, HB3727, HB3709, HB3177, HB3057, HB4176, HB4202, HB2180, HB3528, HB3658, HCR76, HCR127
MN

Minnesota 2025-2026 Regular Session

Committee on Commerce and Consumer Protection - 03/25/25

Commerce and Consumer Protection

Transcript Highlights:
  • cemeteries that offer these services would have to comply with the requirements, but it wouldn't be retroactive
Keywords: 1187, senate, all
MN

Minnesota 2025 1st Special Session

House State Government Finance and Policy Committee 3/4/25

State Government Finance and Policy

Transcript Highlights:
  • There was an OA audit that highlighted issues with retroactive pay adjustments last spring and summer
Bills: HF10
MN

Minnesota 2025 1st Special Session

House Children and Families Finance and Policy Committee 1/21/25

Children and Families Finance and Policy

Transcript Highlights:
  • Currently, Minnesota, like a lot of other states, pays child care providers retroactively.
Keywords: 1183, house
Summary: The committee met for an introductory overview of its jurisdiction and budget, with the chair emphasizing the committee’s role over a large portfolio of children, youth, and family programs and the new Department of Children, Youth, and Families (DCYF). House Research and House Fiscal staff explained their roles and described the 2023-24 reorganization that transferred many programs from DHS, DPS, MDH, and MDE to DCYF, along with a statute recodification and a crosswalk resource for members. Doug Berg then walked through the committee’s budget structure, explaining the difference between all-funds and general fund views, the major funding sources, and how forecasted programs and grant bases roll forward. He highlighted that the committee’s general fund base is a little over $2.1 billion for the biennium, with large federal components such as SNAP and TANF, and noted smaller accounts including child protection-related opioid funds and federal reimbursement offsets (FFP) for administrative costs. Members asked several questions about federal financial participation, TANF, and the effect of the repeal of the Diversionary Work Program (DWP). Staff explained that FFP generally applies to administrative costs for federally related programs and usually does not change much unless program activity changes, while TANF is a block grant that has been stable for years. On DWP, staff said the program was sunsetted effective March 1, 2026, and that the associated funding and administrative costs were being reworked rather than simply removed. A member also asked about federal funding fluctuations; staff said no changes were currently factored in, though SNAP or other federal policy changes could alter future numbers. Danielle Penelli then presented on economic assistance and employment supports transferred to DCYF, focusing first on MFIP, Minnesota’s state-supervised, county-administered welfare program jointly funded by state and federal dollars. She explained that MFIP provides cash and food assistance, employment and training services, and related supports, with a 60-month time limit and certain exemptions for illness, incapacity, or other barriers to employment. She also described the program’s income and asset standards, including a $10,000 asset limit with exclusions for homesteads and one vehicle per assistance unit member age 16 or older. Members asked clarifying questions about how the time limit applies and what assets count, and staff responded that the limit applies to the caregiver and does not restart with additional children. Penelli also introduced support services grants, which fund employment services for MFIP, DWP, and SNAP participants through workforce centers, counties, tribes, and community agencies, and help cover some county and tribal administrative costs. She began outlining nutrition programs under DCYF, including SNAP, the Minnesota Food Assistance Program, the Minnesota Food Shelf Program, the Emergency Food Assistance Program, and the American Indian Food Sovereignty Program. No formal votes or bill actions were taken during this meeting; it was primarily an informational staff briefing and question-and-answer session.
MN

Minnesota 2025-2026 Regular Session

Committee on Taxes - 01/15/25

Taxes

Transcript Highlights:
  • the general IRC dates in the Minnesota tax code, and the federal conformity update was effective retroactively
Keywords: 1187, senate, all
NH

New Hampshire 2025 Regular Session

House Ways and Means (01/28/2025)

Transcript Highlights:
  • We announce the changes; we don't make them retroactive, and we could decide what's appropriate for a
  • We announce the changes; we don't make them retroactive, and we could decide what's appropriate for a
Keywords: 928, house, all
Summary: The committee held a public hearing on HB 135, introduced by Representative Michael Harrington. He said the bill would codify a portion of the New Hampshire Constitution to bar New Hampshire businesses from being required to collect sales or use taxes for other states unless Congress mandates it, arguing that the U.S. Supreme Court’s Wayfair decision created an onerous compliance burden for businesses. He described the patchwork of state and local sales tax rules, thresholds, and product exemptions as extremely complex and said the bill was intended to push the issue back toward Congress and the courts. Members questioned whether the bill’s reference to a “foreign government” would apply to other U.S. states, whether the proposal would conflict with the Supremacy Clause, and whether it would create standing for businesses to challenge Wayfair. Harrington responded that “foreign government” meant any government other than New Hampshire, that he believed the state could challenge the decision in court by passing a law contrary to Wayfair, and that businesses were already being harmed by compliance costs. Some members raised concerns about whether the bill was an unfunded mandate or simply a private compliance burden, and Harrington argued that the state itself would not be collecting the taxes, but businesses would still face recordkeeping and administrative costs. Sam Garland of the Department of Justice then testified. He said the department was not taking a formal position on the bill, but offered technical comments. Garland acknowledged that Wayfair created significant compliance burdens and noted that states have become somewhat more uniform, with all states now having a $100,000 economic nexus threshold, though not all use the 200-transaction threshold and local tax variation remains substantial. He said the department’s concerns were legal, describing the issue as uncharted constitutional territory involving both vertical and horizontal federalism. No vote or final action was taken during the hearing.