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For more years than I can recall, early in our marriage Bruceand I began
playing games at the outset of our day. Initially we played cribbage faithfully
over breakfast every morning and taught our children to count by playing
card games with them. Lately, we tend to play triple Yahtzee over breakfast
– probably because it taxes our aging brains less and doesn’t require as
much strategizing as the sun comes up. We still play plenty of cards,
especially cribbage, as we did last evening over pizza with our youngest son
and his wife.
We’re a competitive family. Whether it’s darts (yes, I play a bit), horseshoes,
basketball, card or board games, or simply trying to recall somebody’s name
(something that we seem to be playing more of these days), we’ll turn it into
a competition. We’ve taught our children to compete, to lose graciously and
to win more graciously.
Our family isn’t unique in this. I dare say that competitiveness is a core
characteristic of our culture and our society. We like winners in our sports
teams, but we love a lively competition (didn’t we all breath a collective sigh
of relief when our beloved Red Sox finally broke their 86 year losing
streak??). We compete in our jobs for better positions. We compete in ways
big and small and some so petty that none of us want to acknowledge it –
who brings the most tasty or prettiest dish to a social gathering, who has the
cleanest house (I’m most decidedly NOT competing on this one), who is the
wittiest and on and on.
What we are seeing is not the marketplace of ideas or competition for sound
solutions. Rather, we are witnessing, as other regions of the world have
before us, the iron-fisted will of a supermajority to impose a dogmatic
ideology in which divergent views are not welcome.
How do we fight this? Generate ideas. Insist on ideas that are fully
articulated. Don’t walk away from a conversation in which someone wants
to give you a sound bite (i.e., smaller government gives you more freedom).
Ask what is meant by smaller government (seriously, is anybody for BIGGER
government?). Ask how that will solve infrastructure problems. Ask how
that will address the needs of the elderly, of children in poverty, of
environmental issues, of those who cannot obtain healthcare, etc., etc. Have
an idea party over glasses of wine and platters of cheese and crackers. Hold
an idea flea market at your place to exchange them.
Silly, maybe. A soapbox definitely. I know you came to the Alert to see the
legislation that is coming up, to hear what your legislators are up to and of
course, for my witty overview of the just past week and the upcoming week.
That’s all below. However, if we don’t start a discussion of the two ton gorilla
in the room we will keep coming back to fight this beast over and over again.
We need a larger conversation, folks. We need some vision of what we want
our state to stand for and to look like and to act like. We need a genuine
conversation of how to get there (wherever “there” is). The alternative is to
keep ceding ground to only one rigid approach tied to the rhetoric of lower
taxes, less spending, smaller government, more gun ownership, fend for
yourself getting us no closer to solutions that benefit ALL of our citizens.
What follows is a summary of the activity for the upcoming week in the
Senate and in the House, followed by a look at the antics of individual
legislators (this section has been moved to follow a discussion of legislation
in response to those who asked for legislation to be more prominently
positioned) and, then, by the calendar listings.
As always, for the full details of House and Senate calendars, please visit the
General Court website at http://www.gencourt.state.nh.us/. You may also
want to download the Journals from that same site for each chamber. In
those you can read the remarks made by legislators during debates on
legislation – always good nighttime reading entertainment! Additionally, the
Journals contain the roll call votes of each legislator. You will be able to see
how your legislator voted on any bill of importance to you.
The House and the outside interest groups are bound to bring intense
pressure on the Senate to keep as many of the provisions in the House
budget as they can get. The rest they will come back for in a committee of
conference (a rather dangerous legislative activity that will be fully explained
in an upcoming issue of the Alert). Additionally, there is considerable
backroom wrangling over other high priority bills.
Perhaps the most controversial bill coming to the Senate floor with a
recommendation of OTPA (ought to pass with amendment) is HB 474-FN, the
perennial “Right to Work” legislation. Senate Commerce sends this bill to
the floor with a 4-1 recommendation for passage.
Opposing the Right to Work Act were organized labor groups as well as the
Commissioner of Labor and the Commissioner of the Department of
Resources and Economic Development. Each of the Commissioners testified
that in their extensive experience with established businesses and
businesses considering relocating to New Hampshire that Right to Work was
not a factor in job creation. Facts aren’t something allowed to get in the way
of a good argument. Advocates claim jobs will be created, so it must be so.
Although the bulk of the attention will be on the public hearing for the
budget and a number of presentations by state agencies (see details below)
before the Senate Finance Committee, some twenty-seven bills will be heard
before other committees of the Senate in the week ahead. Three of the
highest profile matters in the upcoming week include the repeal of the
Regional Greenhouse Gas Initiative, the dismantlement of collective
bargaining and the rollback of provisions in New Hampshire’s anti-bullying
law.
Those testifying in favor of repeal were the typical climate change deniers
with all of the stock talking points put out by the American Legislative
Exchange Council. In fact, the sponsors of the bill were so intellectually lazy
that they adopted a canned bill from ALEC, changing only the name of the
state. After this came to light during the public hearing, the bill had to be
redrafted to conform to New Hampshire’s legal standards.
Supporters of the bill were in the clear minority of those testifying. Despite
the public plea to retain the program and re-work areas that might make the
program more equitable, the House voted for passage. Those opposing
repeal of RGGI will now make their case to the Senate. Rumor is currently
circulating that, although the Senate is likely to keep the program in place –
at least in name – changes being contemplated will lead to RGGI being
utterly ineffective. HB 519-FN will be heard before Senate Energy and
Natural Resources on Thursday, April 21 at 9 a.m. in Rm. 201-203,
LOB (Legislative Office Building).
An eleventh hour provision that was put into HB 2, the trailer bill to the
budget, and often referred to as the “Kurk Amendment” that could
effectively end collective bargaining in New Hampshire created a firestorm of
controversy. The NH Senate has indicated its intention to strip that section
out of HB 2. Little noticed on the day that the House passed HB 2 containing
that provision was HB 580 that was amended with the same provision. This
bill containing the collective bargaining changes as well as a number of
controversial changes to the New Hampshire Retirement System will be
heard this week. HB 580 will be heard before the Senate Executive
Departments and Administration on Thursday, April 21 at 10 a.m.in
Rm. 100, SH.
A bill that would roll back several provisions of New Hampshire’s recently
passed anti-bullying law, HB 370, will be heard before the Senate Education
Committee this week. Among the opponents of this bill is Governor John
Lynch. In a press release on April 4, Lynch cited his concerns with how the
bill would undo the progress in addressing cyber-bullying:
Hearings in the house drew dozens of opponents who asked that the recently
established antip-bullying law be given an opportunity to be fully
implemented and assessed. The only two supporters for weakening
provisions of the current law were co-sponsors of the bill. Parents, educators
and school administrators testified against the bill. The House passed it over
those objections. HB 370 will be heard before the Senate Education
Committee on Tuesday, April 19 at 1 p.m. in Rm. 305-307, LOB
(Legislative Office Building).
While most of the comments received on this section are positive and
receptive, some readers have indicated that it is extraneous to the
discussion of upcoming legislation or to understanding legislation and/or the
process. Others merely see it as humorous and I certainly don’t do anything
to discourage that. Clearly it is my opportunity to poke a bit of fun in an
otherwise deadly serious game of “Chicken” with the future of our state.
There is, though, a far more important side to profiling the words and actions
of our legislators. These are the people who claim to represent you.
These are the stewards of our state at the moment. These are the people
who are crafting the laws that will affect our family, friends and neighbors for
years to come. Their words and actions are the most concrete evidence of
how and how well they represent you, whether they are credible, thoughtful
stewards of our future and what their underlying motivation is for the laws
that they are passing. To my mind, this information is every bit as important
as the legislation itself. I hope that you agree.
A few priceless clips from the past week include the following:
The Found, The Partially Found and The Pretty Much Missing
Last week’s Alert contained a new section of profiling those who were
elected but who have failed to show up in Concord or whose attendance
record is dismal. Adding to that here we’ve uncovered some interesting
information.
If one of the above individuals was elected to serve your district you may
wish to call to your neighbors attention that s/he doesn’t appear to be doing
his/her job.
All of that work and the best objective estimate of the gathering was 400
(that from WMUR who has never been accused of leaning left). Most credible
sources put the number between 200 and 300. Once again, some folks
never let facts get in the way of a good story. Corey Lewandowski, youthful
and exuberant Executive Director of AFP, has learned early the art of
numerical manipulation. Throughout the day he kept ratcheting up his
rendition of the numbers, later in the day he thanked the 1,500 folks who
came to make this the “larget Taxpayer Tea Party Rall[y] in New Hampshire
history,” and by evening he was telling Fox Noise’ Greta Van Susteren that
2,000 attended the event.
Even House Majority Leader DJ Bettencourt couldn’t stop himself from saying
out loud and near others that attendance was “awful.”
New Hampshire was not unique in its tepid response to the rallying cry to
protest tax day. The inimitable Sarah Palin could only draw an estimated
6,000 in Wisconsin to celebrate Governor Scott Walker’s destruction of the
middle class. Even the 6,000 was said to include those who came to protest
her visit to the state.
MONDAY, APRIL 18
COMMISSION ON PRIMARY CARE WORKFORCE ISSUES (RSA 126-T:1), Room 305,
LOB
TUESDAY, APRIL 19
COMMERCE AND CONSUMER AFFAIRS (BANKING/BUSINESS DIVISION), Room 302,
LOB
10:00 a.m. SB 160-FN, relative to the definition and regulation of installment loans.
10:45 a.m. SB 54, relative to the definition of declarant under the condominium act and
the duties of the committee to study laws relating to condominium and
homeowners’ associations.
2:00 p.m. SB 50, making various changes to laws regulating trusts and trust companies.
2:45 p.m. SB 156-FN-L, authorizing retail vehicle dealers to act as agents of the
division of motor vehicles for vehicle registrations and title applications.
Work sessions on these bills may follow the public hearings.
10:00 a.m. Full committee work session. The Secretary of State will give a presentation
on recodification.
EXECUTIVE DEPARTMENTS AND ADMINISTRATION, Room 306, LOB
10:00 a.m. SB 104, relative to certain agricultural operations and certain bonds for
excavation and driveways.
11:00 a.m. SB 2, relative to adoption of spending caps by municipalities.
Executive session may follow.
RESOURCES, RECREATION AND DEVELOPMENT, Room 305, LOB
10:15 a.m. Subcommittee work session on SB 154-FN, reforming and renaming the
comprehensive shoreland protection act.
WEDNESDAY, APRIL 20
SPECIAL COMMITTEE ON EDUCATION FUNDING REFORM, Room 210-211, LOB
10:00 a.m. Full committee work session on SB 183-FN-L, amending the calculation and
distribution of adequate education grants, repealing fiscal capacity disparity
aid, and providing stabilization grants to certain municipalities.
THURSDAY, APRIL 21
COMMERCE AND CONSUMER AFFAIRS, Room 302, LOB
1:15 p.m. Executive session on SB 50, making various changes to laws regulating trusts
and trust companies, SB 54, relative to the definition of declarant under the
condominium act and the duties of the committee to study laws relating to
condominium and homeowners’ associations, SB 148-FN, relative to health
insurance coverage and declaring that the attorney general should join the
lawsuit challenging the Patient Protection and Affordable Care Act, SB 156-
FN-L, authorizing retail vehicle dealers to act as agents of the division of
motor vehicles for vehicle registrations and title applications, SB 160-FN,
relative to the definition and regulation of installment loans, SB 28,
establishing an exemption from the licensing requirements for nondepository
first mortgage bankers and brokers for persons providing loans for certain
seller-financed transactions, SB 57, relative to regulation of title loan lenders,
SB 62, relative to persons participating in the return to work program, SB
116, relative to the manufactured housing installation standards board, SB
162-FN, relative to federal health care reform 2010, SB 122, establishing a
committee to study the laws relating to electronic prescriptions, SB 89,
establishing a study committee on the procurement of health insurance by
employee leasing companies.
10:00 a.m. SB 90, directing the legislative oversight committee to study the
consolidation of school administrative units.
10:15 a.m. Public hearing on proposed amendment to SB 90, directing the legislative
oversight committee to study the consolidation of school administrative units.
The proposed amendment (No. 1418h) suspends the 180 day school
attendance requirement for the 2010-2011 school year only. Copies of the
proposed amendment are available from the Sergeant-at-Arms office.
10:30 a.m. SB 194, transferring all real and personal property from the former
department of regional community-technical colleges to the board of trustees
of the community college system of New Hampshire.
11:00 a.m. SB 172, relative to performance-based school accountability criteria.
1:30 p.m. SB 67, establishing a committee to study school vouchers and school choice.
Executive session may follow.
10:00 a.m. Executive session on SB 104, relative to certain agricultural operations and
certain bonds for excavation and driveways, SB 2, relative to adoption of
spending caps by municipalities.
10:00 a.m. Continued public hearing on SB 53-FN, relative to the definition of nursing
and establishing a nursing assistant registry fund administered by the board
of nursing.
Executive session may follow.
12:30 p.m. Executive session on SB 42, relative to the declaration of consideration for
purposes of the real estate transfer tax, SB 56-FN, authorizing the
department of revenue administration to accept credit card and debit card
payments of taxes, SB 130-FN-A, repealing the tax on gambling winnings,
SB 147-FN, relative to Medicaid managed care, SB 58-FN-A, adding
qualified community development entities to the definition of "qualified
investment company" under the business profits tax and the business
enterprise tax.
FRIDAY, APRIL 22
ASSESSING STANDARDS BOARD (RSA 21-J:14-a), Room 301, LOB
NH-CANADIAN TRADE COUNCIL (RSA 12-A:2-g), Upham Walker House, Park Street,
Concord
MONDAY, APRIL 25
COMMISSION ON HEALTH CARE COST CONTAINMENT (RSA 21-S:2), Room 307, LOB
TUESDAY, APRIL 26
HEALTH, HUMAN SERVICES AND ELDERLY AFFAIRS, Room 205, LOB
10:00 a.m. SB 195, naming the Manchester Airport Access Road for Raymond Wieczorek.
Executive session may follow.
10:15 a.m. Full committee work session on retained HB 311-FN, relative to solar
renewable energy and HB 543-FN, relative to biomass combined heat and
electricity facilities and the renewable portfolio standard.
10:00 a.m. Executive session on CACR 5, relating to the governor's power to reduce
appropriations. Providing that the governor shall have line item reduction
power of items in any bill making appropriations of money, SB 53-FN,
relative to the definition of nursing and establishing a nursing assistant
registry fund administered by the board of nursing, SB 125-FN-A, relative to
the business profits tax deduction for reasonable compensation.
THURSDAY, APRIL 28
COMMERCE AND CONSUMER AFFAIRS (INSURANCE/CONSUMER PROTECTION
DIVISION), Room 302, LOB
10:30 a.m. SB 171, relative to prescription drug benefits for the treatment of pain.
11:15 a.m. SB 179, relative to qualified purchasing alliances.
Work sessions on these bills may follow the public hearing.
10:00 a.m. Executive session on SB 82-FN, extending the state board of education's
authority to approve chartered public schools and relative to the funding of
chartered public schools approved by a school district.
10:30 a.m. SB 96, relative to amending the charter of The Pinkerton Academy.
11:00 a.m. SB 192, establishing a commission to identify strategies needed for
delivering a 21st century education.
1:30 p.m. SB 196, relative to the renomination or reelection of teachers and prohibiting
assessing teacher performance based solely on assessment scores.
Executive session may follow.
FRIDAY, APRIL 29
WORKERS' COMPENSATION ADVISORY COUNCIL (RSA 281-A:62), Rooms 305-307,
LOB
MONDAY, MAY 2
FISCAL COMMITTEE (RSA 14:30-a), Rooms 210-211, LOB
TUESDAY, MAY 3
COMMERCE AND CONSUMER AFFAIRS (BANKING/BUSINESS DIVISION), Room 302,
LOB
10:00 a.m. SB 197, regulating guaranteed price plans and prepaid contracts for heating
oil, kerosene, or liquefied petroleum gas.
10:45 a.m. SB 189, relative to the definition of mortgage loan originator.
1:15 p.m. SB 111, relative to short sales of a homeowner's residence.
2:15 p.m. SB 120, relative to alcoholic beverage advertising restrictions.
Work sessions on these bills may follow the public hearings.
1:00 p.m. HB 370, making changes to the pupil safety and violence prevention act.
EXECUTIVE SESSION MAY FOLLOW
1:00 p.m. HB 544, relative to state authority over firearms and ammunition.
1:15 p.m. HB 330-FN, relative to carrying firearms.
EXECUTIVE SESSION MAY FOLLOW
9:00 a.m. HB 519-FN, repealing New Hampshire’s regional greenhouse gas initiative
cap and trade program for controlling carbon dioxide emissions.
EXECUTIVE SESSION MAY FOLLOW
2:00 p.m. – 4:00 p.m. HB 1-A, making appropriations for the expenses of certain
departments
of the state for fiscal years ending June 30, 2012 and June 30, 2013.
HB 2-FN-A-L, relative to state fees, funds, revenues, and expenditures.
6:00 p.m. – 8:00 p.m. HB 1-A, making appropriations for the expenses of certain
departments
of the state for fiscal years ending June 30, 2012 and June 30, 2013.
HB 2-FN-A-L, relative to state fees, funds, revenues, and expenditures.
Please note: the following hearing will be streamed live via the
internet at the following web address:
http://www.gencourt.state.nh.us/houselivevideo.asx
1:00 p.m. HB 401, relative to postsecondary training for workers with disabilities.
1:20 p.m. HB 216, relative to the instructional authority of school boards.
1:40 p.m. HB 429, permitting a child 16 years of age or older to withdraw from school
with
parental permission.
EXECUTIVE SESSION MAY FOLLOW
1:00 p.m. HB 614, requiring a performance audit of the guardian ad litem board and
guardian ad litem services.
1:15 p.m. HB 634-FN, relative to payment of guardian ad litem and mediator fees in
marital
cases where the parties are indigent.
1:30 p.m. HB 490-FN, adopting the interstate compact for juveniles.
1:45 p.m. HB 597, revising the child support guidelines based on an income shares
model of calculating child support.
2:00 p.m. HB 225-FN, relative to the return of personal property confiscated by law
enforcement agencies from a person charged with a crime.
EXECUTIVE SESSION MAY FOLLOW