Video & Transcript Research : 'mandate'
Page 84 of 372
MN
Minnesota 2025-2026 Regular Session
House Education Policy Committee 2/19/25 - Part 1
Education Policy
Transcript Highlights:
- They are also lawful, and they are also now mandated under the new interpretation of Title IX, because
- They are also lawful, and they are also now mandated under the new interpretation of Title IX, because
- They are also lawful, and they are also now mandated under the new interpretation of Title IX, because
- They are also lawful, and they are also now mandated under the new interpretation of Title IX, because
- Uh, it seems to be an unfunded mandate of which your aisle typically tends to rail against if school
MN
Transcript Highlights:
- What happened in the bill that we're talking about is we did a one-size-fits-all mandate.
- What happened in the bill that we're talking about is we did a one-size-fits-all mandate.
- What happened in the bill that we're talking about is we did a one-size-fits-all mandate.
- What happened in the bill that we're talking about is we did a one-size-fits-all mandate.
- What happened in the bill that we're talking about is we did a one-size-fits-all mandate.
HI
Transcript Highlights:
- There’s also no express mandate for BLNR and other potential state actors not to enter into new leases
- I was happy to see the language in this bill expressly mandating that these lands should eventually be
- There’s also no express mandate for BLNR and other potential state actors not to enter into new leases
- I was happy to see the language in this bill expressly mandating that these lands should eventually be
- There’s also no express mandate for BLNR and other potential state actors not to enter into new leases
Summary:
The committee heard testimony on several bills. HB 114, concerning employment in the State Historic Preservation Program, drew support from DLNR, which said the measure would help retain qualified archaeologists, architects, and other professionals by preserving current pay levels for a limited number of positions. Members raised concerns about expanding exempt positions and the effect on union coverage, and DLNR said it was also working with DEHRD on longer-term reclassification issues. No vote was taken on the bill in the portion provided.
HB 12, relating to tort liability, drew strong opposition from the Hawaii Association for Justice, which argued the bill would create overly broad immunity for landowners, conflict with Hawaii’s comparative fault framework, and undermine existing recreational liability law. Supporters said it would reduce liability concerns and encourage landowners to allow hiking, hunting, search-and-rescue training, and firearms-related uses on private land. The committee then moved on without any recorded vote in the excerpt.
The committee also discussed HB 29 on counties, but no county representative was present, and members questioned whether the proposal should instead proceed through condemnation if it involved a forced sale. HB 175 on property maintenance received DLNR comments that the bill should be narrowed to noxious weeds and that fire-related provisions were more properly handled by county fire departments and the State Fire Marshal. HB 331 on permits drew support from several state agencies, but the Honolulu Board of Water Supply opposed it unless “repetitive construction” was defined more clearly; members and agencies discussed narrowing the bill to avoid unintended impacts on water and utility infrastructure. The committee also heard strong support for HB 3 on North Shore beach management, HB 309 on fish ponds, and HB 306 on water code penalties, though the Board of Water Supply raised concerns about increased fines and suggested an alternative governor’s bill and clearer administrative rules.
MN
Minnesota 2025-2026 Regular Session
Committee on Judiciary and Public Safety - 03/04/26
Judiciary and Public Safety
Transcript Highlights:
- The courts are going to have to pay for the mandated paid family medical leave.
- The courts are going to have to pay for the mandated paid family medical leave.
- The courts are going to have to pay for the mandated paid family medical leave.
- The courts are going to have to pay for the mandated paid family medical leave.
- The courts are going to have to pay for the mandated paid family medical leave.
MA
Massachusetts 2025-2026 Regular Session
Senate Session (Full Formal with Calendar) Jun 21st, 2026 at 11:00 am
Massachusetts Senate Floor Meeting
Transcript Highlights:
- In addition, Madam President, so that those protections are clear, this amendment would mandate written
- But we've only mandated universal reading screenings for K to third grade in 2023.
- You will use the state-mandated, monolithic, one-size-fits-all system.
- It will mandate total health care expenditure requirements to increase year over year and by 2030 be
Summary:
The Senate considered a series of amendments to a primary care health care bill and also took up a separate literacy bill. Several amendments were withdrawn, including one on artificial intelligence in health care and others related to cost controls, direct primary care, and provider studies. The Senate adopted amendments on preserving access to treatment for serious mental illness, modernizing the definition of primary care, clarifying payment rates for community health centers, excluding pharmaceutical spending from primary care expenditure calculations, and strengthening health equity reporting. Other amendments on rate bands, alternative payment systems, private equity reporting, scope of practice, and ownership disclosure were rejected. The Senate then approved the Ways and Means amendment and ordered the primary care bill to a third reading.
The chamber also took up final passage of An Act Relative to Teachers Preparation and Student Literacy, with senators describing it as a long-awaited compromise focused on improving early reading outcomes. Supporters said the bill requires evidence-based K-3 literacy curricula, regular student screening and family notification, dyslexia screening protocols, professional development for teachers, and a free state-developed curriculum option. Senators emphasized the need to address declining third-grade reading proficiency and equity gaps. The bill passed to be enacted by a unanimous roll call and was sent to the Governor.
After the literacy bill, the Senate returned to the primary care bill, where senators again debated cost containment, innovation, and access. The final version included the adopted amendments and was passed to be engrossed by a roll call vote of 35-4. The Senate then adopted an adjournment order and recessed, adjourning in memory of Henry Thomas III, former Representative Ben Swan, and Mr. Dennis Frane.
CA
California 2025-2026 Regular Session
Assembly Labor and Employment Committee Jun 10th, 2026
Labor and Employment
Transcript Highlights:
- question is whether there is a demonstrated need to impose a permanent, skilled and trained workforce mandate
- on an entire... need to impose a permanent skilled and trained workforce mandate on an entire private
- Yet this bill would impose a permanent mandate on all future and structure can...
- Yet this bill would impose a permanent mandate on all future construction, alteration, repair, installation
Summary:
The Assembly Labor and Employment Committee heard several bills focused on worker protections, enforcement, and technology in the workplace. SB 909 would strengthen enforcement of public works prevailing wage laws by raising contractor registration fees and penalties and directing part of penalty revenue back to enforcement; labor groups supported it as a way to deter wage theft, while contractor groups opposed the fee and penalty increases as burdensome and potentially costly for public projects. The committee members generally expressed support for stronger enforcement but also concern about the state’s backlog and capacity to enforce the law. SB 909 passed on a due pass vote and was re-referred to Appropriations.
The committee also considered multiple bills addressing AI and workplace rights. SB 951 would require 60-day notice when technology displaces 25 or more workers and would require reporting on AI-related job impacts; labor and education groups supported it, while business, public sector, and industry groups argued it was premature and overbroad. SB 947 would require human review of automated discipline, termination, or deactivation decisions and prohibit predictive behavior analysis; supporters said it would prevent algorithmic abuse, while opponents raised concerns about independent contractors, private rights of action, and forum shopping. Both bills advanced on party-line style votes to the Committee on Privacy and Consumer Protection.
The committee also approved SB 1149, which would expand bereavement leave to cover a “designated person” equivalent to family, with emotional testimony from a witness describing the loss of a long-term partner. Supporters said the bill reflects modern family structures, especially for LGBTQ and older Californians; there was no opposition. SB 1185, applying skilled-and-trained workforce standards to pharmaceutical facility construction, also passed despite opposition from contractors and business groups who said there was no demonstrated safety problem and warned of higher costs and fewer bidders. In addition, the committee approved consent-calendar bills SB 1316, SB 1046, and SB 1059, and left rolls open for absent members before adjourning.
KY
Kentucky 2026 Regular Session
House Standing Committee on Banking and Insurance. (3-25-26)
Banking & Insurance
Transcript Highlights:
- apply to this if cost deferral was triggered, and that's how it would be applied as with all other mandates
- ><00:09:48.640>
with <00:09:48.920>all <00:09:49.240>other <00:09:49.480>mandates - <00:09:50.120>
that applied as with all other mandates that applied as with all other mandates
WV
West Virginia 2026 Regular Session
Senate in Session Mar 14th, 2026 at 09:19 pm
West Virginia Senate Floor Meeting
Transcript Highlights:
- provisions of the bill with regard to record-keeping requirements, the effective date of the E-Verify mandate
- I have to tell you, again, it's currently mandated that they verify that their employees are authorized
- amendment to the Judiciary Committee's amendment, I think the Judiciary Committee amendment makes it, it mandates
- So there's nothing about mandating E-Verify that is going to help determine or help catch employers employing
Summary:
The Senate considered and passed House Bill 4245, the Department of Revenue rules bundle covering 27 rules from six agencies. Members withdrew the committee amendment, adopted a floor amendment making changes to two lottery rules and one tax rule related to pre-need cemetery companies, then passed the bill 30-1. The Senate also adopted a title amendment and made the bill effective from passage by a 31-0 vote. Later, when the House rejected the Senate’s amendments, the Senate receded from its amendments and again passed the bill, making it effective from passage.
The chamber also adopted several concurrent resolutions from the Rules Committee, including studies on school finance transparency, divorce grounds, the Southern West Virginia water crisis, athletic trainer access in public secondary schools, the eastern gray fox population, upland game bird stamp purchases, and the Public Service Commission. Senate Concurrent Resolution 50, calling for a study of the PSC, was also adopted. In addition, the Senate passed House Bill 5381, which expands the Office of Energy’s role to develop a comprehensive energy policy and grid stabilization plan, and House Bill 5412, the Future Ready Education Act, after amending it to require annual vocational and agriculture offerings unless not viable and to set science-of-reading training requirements for K-5 literacy teachers by 2028-29.
The Senate passed House Bill 845, a supplemental appropriation to the Governor’s Office Civil Contingent Fund, after concurring in a House amendment that reappropriated federal match grant funds and increased the civil contingency surplus fund from $15 million to $25 million; it was made effective from passage. The chamber also concurred in House amendments to House Bill 4106 on constitutional carry for 18- to 20-year-olds, House Bill 4004 creating the Recharge West Virginia training reimbursement program, House Bill 5453 revising the school aid funding formula for special education weighting, and other measures including House Bill 4009 on portable benefits, Senate Bill 164 on substitute teacher definitions, and House Bill 4606 on pretrial release for certain felonies.
A lengthy debate centered on House Bill 4198, the E-Verify Safe Harbor Act. The Judiciary Committee amendment would have required public and certain private employers to use E-Verify, while a further amendment from the Senator from Randolph would have limited the mandate to public employers and made E-Verify optional for private employers with liability protections for good-faith use. After extensive discussion about small business impacts, federal-state conflicts, and enforcement, the Senate adopted the Randolph amendment and then passed the bill 31-3, with a title amendment also adopted. The Senate later refused to concur in House amendments to House Bill 4010, concurred in House amendments to House Bill 5438, receded from amendments to House Bill 4765, and adjourned sine die.
AZ
Transcript Highlights:
- We want to make sure that this is not an unfunded mandate.
- discussion in the Health and Human Services Committee that we did not want this to be an unfunded mandate
- , so the mandate only goes into effect if...
- So the mandate only goes into effect if the federal government grants Arizona the funds to do it.
Summary:
The House convened with prayer, the Pledge of Allegiance, approval of the prior journal, and several guest introductions recognizing Disability Day at the Capitol, the Arizona Cattle Association, Nurse-Family Partnership nurses, Navajo Nation visitors, and others. Members also made personal privilege remarks on topics including a strike by ASU Aramark food service workers, Lent and Ramadan, and Black History Month. The chamber then adopted House Resolution 2006, a death resolution honoring Yvonne Glee Lyme Federson and her work with Childhelp, with a moment of respectful silence.
The House resolved into Committee of the Whole and then Additional Committee of the Whole to consider several bills. HB 2089, HB 2177, HB 2258, HB 2322, HB 2786, and HB 2825 were all recommended do pass, with HB 2177, HB 2322, and HB 2825 amended. HB 2074, dealing with abortion-related language, drew extensive debate over a floor amendment that removed a life-of-the-mother exception; the amendment was adopted and the bill was then recommended do pass as amended. HB 2104 and HB 2105, both relating to county property tax assessment procedures and inspections, were amended to address assessor concerns and then recommended do pass as amended.
After the committee reports were adopted, the House considered and passed several third-reading bills. HB 2173, HB 2203, HB 2223, and HB 2501 all passed 57-0. HB 2307, an emergency measure concerning dangerous and incompetent defendants and out-of-state treatment options, passed 37-20 but did not receive the required two-thirds vote to enact the emergency clause. The House then received announcements about upcoming committee meetings and adjourned until 10 a.m. on Thursday, February 19, 2026.
FL
Florida 2026 4th Special Session
January 28, 2026 - 01:00 PM
Transcript Highlights:
- Ultimately, though, mandating service to outside properties that would include large users such as water
- But I do have some concerns that I would like to share in regards to the mandate.
- really trying to get ahead of the impending growth, and we are concerned with the language of the mandate
- Lucie’s utilities planning is tied to our comprehensive land use, growth, and resiliency goals, and mandating
Summary:
The Economic Infrastructure Subcommittee considered a full agenda of transportation, utility, aviation, and energy bills. HB 4045, amending the Jacksonville Aviation Authority charter, passed without questions or debate. HB 1075, which would require municipal utilities to allow outside property owners to connect when capacity exists and fees are paid, drew testimony from local government and municipal advocates who warned about conflicts with existing agreements, long infrastructure payback periods, and the risk of subsidizing nonresidents; despite concerns from Rep. Smith and others about municipal boundaries and cost, the bill passed, with Smith voting no. HB 519, as amended, authorizes golf cart crossings at signalized intersections on designated golf cart roads; it passed unanimously after lighthearted debate about golf carts and pedestrian crossings.
The committee then took up HB 919, which creates a state definition for major commercial service airports and preempts airport naming authority, including renaming Palm Beach International Airport to Donald J. Trump International Airport subject to FAA, county, and trademark-related conditions. Palm Beach County supported the bill and an amendment clarifying implementation and trademark language, while Rep. Eskamani and others raised concerns about preemption and the timing of honoring a sitting president; the bill passed with several no votes, including Eskamani, Skidmore, and the ranking member. HB 1093, the Advanced Air Mobility and Infrastructure Act, would support eVTOL/vertiport development through tax exemptions, infrastructure funding flexibility, and statewide siting standards while preserving local zoning; supporters framed it as an economic-development and workforce bill, while Rep. Cheney raised taxpayer concerns. An amendment narrowing liability protections for vertiports co-located with public airports was adopted, and the bill passed with Cheney voting no.
Finally, HB 1461 established a regulatory framework for advanced nuclear reactors, assigning oversight roles to the PSC, DOH, and DEP. Supporters argued the bill would improve energy reliability, affordability, and Florida’s leadership in clean, advanced energy, while an opponent from Deploy US urged strong consumer protections and cautioned against overbroad deregulation. Rep. Eskamani emphasized preserving PSC prudency review for ratepayer protection, and the sponsor said the bill was refined through committee discussion. After an amendment fixing technical issues and clarifying that one section applied to all nuclear, the bill passed favorably. The meeting then adjourned.
CA
Transcript Highlights:
- It also broadens mandated reporting requirements, enhances employee training and revises relevant provisions
- It also mandates comprehensive training, requires abuse awareness education for students, and ensures
- reporting of egregious misconduct, amongst other mandates.
- As mentioned by the Senator, SB 848 will also broaden mandated reporting requirements.
CA
California 2025-2026 Regular Session
Assembly Utilities and Energy Committee Jun 3rd, 2025
Transcript Highlights:
- Building on that proposal, AB 825 will establish a task force with the mandate and authority to act..
- . ...will establish a task force with the mandate and authority to act on the analysis and assessment
- that our chair has been laser focused on affordability this year, which is, of course, one of the mandates
- and look at what really caused the cost to go up, you can actually undo that without putting more mandates
Summary:
The Assembly Committee on Utilities and Energy heard two bills focused on electricity affordability and utility costs. AB 745, by Assembly Member Irwin, would restructure the California Climate Credit by shifting it from lump-sum payments to direct reductions in volumetric electricity rates and moving the credit to the summer months when bills are highest. The author and UC Santa Barbara economist Dr. Kyle Meng argued this could significantly lower summer rates and better help households during extreme heat. Supporters, including UCS, NRDC, and some labor representatives, favored the concept, with some urging that the gas climate credit also be redirected. No opposition testimony was presented, and the bill passed 18-0 to the floor.
The committee then considered AB 825, also presented as an affordability package aimed at reducing electric bills by addressing wildfire mitigation costs, transmission financing, permitting delays, and a review of ratepayer-funded programs. The bill would authorize securitization for undergrounding expenses, remove the first $15 billion in undergrounding capital investments from the rate base for return purposes, create a public transmission financing program using Proposition 4 funds and IBank support, revive the California Power Authority as a public sponsor, and establish a task force to review energy efficiency and demand response programs. The author and witness Matt Friedman of The Utility Reform Network said the bill could save ratepayers billions over time through lower-cost public financing and securitization.
Testimony on AB 825 was mixed. Support came from several consumer and clean-energy groups, while utilities and labor raised concerns about the bill’s impact on utility financial stability, wildfire fund participation, liability, and whether the $15 billion securitization cap could discourage undergrounding. Some witnesses also objected to the task force’s potential effect on energy efficiency and demand response programs. Committee members discussed the need to balance affordability with utility creditworthiness and wildfire safety, and several asked for more analysis of market impacts and liability issues. Despite those concerns, AB 825 passed the committee 13-0 and was sent to the floor.
TX
Transcript Highlights:
- Thirty-four other states have some form of mandated coverage, as well as Texas Medicaid and TRICARE.
- HB 4635 remedies this by mandating a written disclosure of AI tools utilized in medical insurance determinations
- The committee substitute amends the bill to mandate.
- This is really a critical step in updating the Texas autism insurance mandate.
Keywords:
autism, health insurance, coverage, medical treatment, health benefit plan, HIV prevention, prescription drug, prior authorization, health benefits, insurance coverage, insurance, contract termination, property and casualty, insurance agents, discrimination, appraiser, umpire, licensing requirements, continuing education, admin penalties
FL
Transcript Highlights:
- background screening clearinghouse, streamlining the background check process for coaches, and the bill mandates
- The bill mandates that individuals serving as a coach, assistant coach, manager, or referee who are not
- We're not mandating anybody do anything; we're just saying, hey, if you'd like to do this in your community
- We're not mandating anybody do anything; we're just saying, hey, if you'd like to do this in your community
Summary:
The Senate convened with a quorum, opened with prayer and the Pledge of Allegiance, and recognized several guests and groups in the gallery, including students, business groups, and university basketball coaches. The chamber then moved through a long special order calendar, taking up a series of bills on trust law, school district reporting, debt collection, service of process, lodging and food service establishments, lien waivers, public records protections for Crime Stoppers personnel, foreign ownership/health care licensure issues, diabetes management in schools, platting, fentanyl testing, third-party reservation platforms, electronic landlord-tenant notices, leaving the scene of a crash, background screening for athletic coaches, surrendered infants, and affordable housing. Several bills were temporarily postponed, and multiple House companion bills were substituted where the measures were identical or had only drafting differences.
Debate focused on a few measures. Senators questioned the trust code bill’s effect on out-of-state attorneys general; the school reporting bill was described as strengthening arrest and misconduct reporting for instructional personnel; and the service-of-process and lodging bills were presented as technical and consumer-protection fixes. The fentanyl testing bill drew emotional support from the sponsor and families affected by overdose deaths. The surrendered-infant bill prompted opposition over safety, anonymity, and the limited use of baby boxes, while supporters argued it could save lives. The affordable housing bill, updating the Live Local Act, was amended to adjust parking reductions and allow certain properties to use the administrative approval process, with additional limits and exclusions added.
Most measures passed overwhelmingly, including the trust code bill, school reporting, debt collection, service of process, lien waivers, public records, foreign-country business interest restrictions, diabetes management in schools, platting, fentanyl testing, third-party reservation platforms, electronic landlord-tenant notices, leaving-the-scene restitution, athletic coach background screening, surrendered infants, and affordable housing. The day’s most divided vote was on the Department of Agriculture and Consumer Services bill, which drew extended debate over fluoride policy and other provisions; it passed 27-9. At the end of the session, the Senate agreed to immediately certify all bills passed that day to the House, recognized a Taiwan-related resolution for the journal, made additional announcements, and adjourned until the next scheduled meeting.
US
US Federal 2025-2026 Regular Session
Hearings to examine turning back time, focusing on locking the clock. Apr 10th, 2025 at 09:00 am
Commerce, Science, and Transportation Committee
Transcript Highlights:
- That one seemingly harmless government mandate...
- December, President Trump called to end daylight savings time and his Make America Healthy Commission's mandate
- Instead, permanent daylight savings time is a hidden mandate to wake Americans up an hour earlier. alarm
- So it clearly doesn't work for the federal. government to come and say this is a mandate of exactly what
Keywords:
daylight saving time, Sunshine Protection Act, health impacts, clock change, legislative discussion
Summary:
The committee meeting was dedicated to discussing significant legislative topics, focusing particularly on the implications of daylight saving time (DST). Senator Scott advocated for the Sunshine Protection Act, which aims to eliminate the twice-yearly clock changes and keep daylight saving time year-round. He emphasized the negative health impacts associated with DST, including increased risks of heart attacks and accidents immediately following the time changes. Various witnesses provided personal testimonies and expert opinions, highlighting the confusion and health disruptions caused by the current time change practices.
TX
Texas 89th 2nd C.S.
S/C County & Regional Government Apr 7th, 2025
Transcript Highlights:
- Currently, local government code mandates that counties manage surplus or salvage property, including
- This gives them the option of doing so and does not create a new unfunded mandate for counties to abide
- So it doesn't mandate that they do it. They just were given the authority if they choose to do it.
- Um, and Again, in, in order to get it over line, we're trying not to be too prescriptive, uh, in mandating
HI
Hawaii 2025 Regular Session
JDC, JDC DEFER Public Hearings 02-26-2025
Transcript Highlights:
- specifies that the license revocation period begins upon release from imprisonment, removing the mandated
- release from imprisonment<00:03:13.080>
removing <00:03:13.480>the <00:03:13.599>mandated - imprisonment removing the mandated imprisonment removing the mandated driver<00:03:14.360>
retraining
Summary:
The Judiciary Committee took up a series of Senate bills and generally advanced most of them, often with technical or substantive amendments. SB 15 on the definition of historic property was amended to narrow the definition to properties at least 50 years old that are culturally significant or otherwise significant for Hawaii Register purposes, and it passed. SB 97 on excessive speeding was amended to clarify felony penalty language, license revocation timing, and fingerprinting procedures, and passed. Other bills passed as is or unamended included SB 145 on water shortages, SB 108 on accessible parking enforcement, SB 660 on hospitality anti-harassment measures and panic buttons, SB 1662 on landlord application fees and tenant screening reports, SB 1421 on Department of Health provider arrangements, SB 1439 on DOH nuisance authority, and SB 1452 updating controlled substances law. SB 1454 on wage payment violations passed with technical amendments only, while SB 1481 on motorcycle instruction permits was deferred as not ready.
Several bills received more substantial changes. SB 253 on condominium association budget summaries was amended to require a single document and to shift the standard to substantial compliance; it passed. SB 371 on critical infrastructure damage was amended to remove a section affecting manslaughter law and to apply specifically to broadband and cable networks; it passed. SB 984 on water pollution liability for large landowners was advanced with a defective date. SB 1517 on public land leases for recreational residential use was amended to change the lease term to five years and add a defective date. SB 1074 on temporary continuation of challenged activities during environmental review was significantly amended to limit the provision to currently authorized activities, add a one-year limit with possible court extension, and clarify other terms; it passed. SB 1322 on emergency mental health transport was amended to restore provider-initiated transport language, require notice and coordination, remove special immunity provisions, and clarify court-ordered treatment procedures; it passed.
The committee also passed SB 1496 on disability access to information in public accommodations, with a request that the committee report discuss the Roe v. St. Pizza case and the distinction between physical and digital accommodations. SB 1255 on Uniform Information Practices Act record retention was deferred as not ready. At the end of the meeting, the chair noted that both agendas were completed and the committee adjourned.
NM
Transcript Highlights:
- It's not mandated, and I'm not sure you can mandate a lot of those things, but it's very well attended
- I'm not sure about mandating it because I have had 40 years of federally mandated training.
NH
New Hampshire 2026 Regular Session
House Health, Human Services and Elderly Affairs (02/11/2026)
Health, Human Services and Elderly Affairs
Transcript Highlights:
- mandate list.
- Uh, we removed the repeals mandate list.
- mandate structure and the reporting<05:51:56.080>
structure. - , advising against repealing this mandate, advising against repealing this mandate, which<06:01:43.360
- it's not really a mandate. it's not really a mandate.
NH
New Hampshire 2025 Regular Session
House Ways and Means (01/28/2025)
Transcript Highlights:
- Um, there was a comment made by my colleague that this is an unfunded mandate.
- There's no... yeah, there is no unfunded mandate. Thank you, Representative ORS. Thank you, Mr.
- There's no... yeah, there is no unfunded mandate. Thank you, Representative ORS. Thank you, Mr.
- c><00:28:35.559>
mandate <00:28:36.000>thank no unfunded mandate thank no unfunded mandate - Clearly, this is a mandate for individuals to spend money.
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.