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Peeking Into Next Session: 1 - Social Issues

by: elwood

Mon Dec 13, 2010 at 06:20:00 AM EST
This week it's my turn to make sure we have fresh content on the front page each day - to "feed the beast," as we sometimes call it.

I'll use my week to highlight some of the bills that will come before the state legislature (the "General Court" is the formal name of our House and Senate). Republican leaders have solemnly declared that this session will be about fiscal issues: in particular, dealing with a budget shortfall variously estimated at $200 million to $800 million.  We'll see whether the rank and file is really on board with that disciplined view of the session ahead.

You may remember from Schoolhouse Rock that every law starts out as a bill. (The estimable Dave Frishberg wrote that.)  In New Hampshire, a bill starts out as a Legislative Service Request (LSR) - a title and brief description of the purpose of the proposed legislation, which the representative or Senator submits to the Office of Legislative Services.  Staffers in that office spruce it up: for example, they might propose language that clarifies the bill's effect on existing laws.
elwood :: Peeking Into Next Session: 1 - Social Issues
There are several windows in each session for legislators to submit LSRs.  The last window for calendar year 2010 just ended. You can take a look at the LSR submissions here; that's where I got the list I will use for my diaries this week.
When you look at the requests you quickly discover that they usually don't tell you much about the legislator's goal.  There is no draft language yet; the only thing posted so far (beside the bill number and sponsor names) is a frequently-ambiguous title.

For that reason and many others this peek into the upcoming session will be more anecdotal than statistically valid.  Many of the LSRs that I highlight may be quickly voted down. Sometimes ten LSRs will be introduced on the same topic, and legislators agree to blend them into one or two actual bills. I haven't attempted to compare the number and focus on the current batch of LSRs to the ones submitted two years ago, and I'm not trying to claim that this batch is worse or better than in previous years.

End of disclaimer: onto the LSRs themselves.

There are some 833 LSRs currently submitted, with more coming in January. I've selected seven buckets of interesting LSRs. I'm calling the first bucket "Social Issues." These are LSRs that, from the title, appear to be aimed at changing New Hampshire law to align with national conservative doctrine.  (I'll have a separate bucket for education later this week.)

Bill Prime Sponsor Title
2011‑H‑ 0008‑R Kathleen Souza Requiring parental notification before abortions may be performed on unemancipated minors.
2011-H-0014-R David Bates Relative to the definition of marriage.
2011-H-0024-R Carol McGuire Relative to the minimum wage.
2011-H-0040-R Leo Pepino Establishing that marriage between one man and one woman shall be the only legal domestic union that shall be valid or recognized in this state..
2011-H-0081-R Daniel Itse Relating to parental rights. Providing that the state shall not abridge the responsibility of parents for the health, education, and welfare of their children.
2011-H-0217-R David Bates Relating to the definition of marriage. Providing that the state shall only recognize the union of one man and one woman as marriage.
2011-H-0257-R Kathleen Souza Including "unborn child" in the definition of "another" for the purpose of first and second degree murder, manslaughter, and negligent homicide.
2011-H-0276-R Jerry Bergevin Banning abortions 20 weeks or later after conception.
2011-H-0277-R Jerry Bergevin Establishing the pain-capable unborn child protection act, preventing certain abortions.
2011-H-0348-R Peter Bolster Relative to domestic marriage and solemnization procedures.
2011-H-0273-L Jerry Bergevin Repealing certain tax and fee increases and the regional greenhouse gas initiative.
2011-H-0379-R Lucien Vita Relative to the regional greenhouse gas initiative and repealing a cap-and-trade program for controlling carbon dioxide.
2011-H-0475-R Richard Barry Repealing the regional greenhouse gas initiative.
2011-H-0072-R Steve Vaillancourt Requiring that New Hampshire join the lawsuit challenging federal health care reform legislation, and repealing the authority for state implementation of federal health care reform.
2011-H-0090-R Lars Christiansen Relative to mandated health insurance benefits.
2011-H-0166-R Lars Christiansen Relative to federal health care reform.
2011-H-0170-R Kenneth Weyler Applying to Congress to convene a convention proposing amendments to the United States Constitution.
2011-H-0267-R Andrew Renzullo Relative to health care choice.
2011-H-0280-R Jerry Bergevin Prohibiting state funding for public television or public radio.
2011-H-0335-R Kenneth Weyler Requiring the attorney general to file lawsuits challenging the Patient Protection and Affordable Care Act and the United States Environmental Protection Agency's cape and trade program.
2011-H-0389-R Steve Vaillancourt Prohibiting the university system of New Hampshire from using state appropriations to fund public television.
2011-H-0394-R Daniel Itse Ordering our federal senators to vote against the Law of the Sea Convention.
2011-H-0410-R David Campbell Bbanning corn-based ethanol as an additive to gasoline sold in New Hampshire.
2011-H-0436-R Andrew Renzullo Repealing the comprehensive shoreland protection act.
2011-S-0458-R Jeb Bradley Authorizing individuals and certain businesses to purchase health insurance from out-of-state insurance companies.
2011-H-0481-R Neal Kurk requiring the state of New Hampshire to opt out of the requirement that individuals purchase health insurance contained in the Affordable Care Act.
2011-H-0538-R Bruce Marcus In support of the Arizona immigration law.
2011-H-0539-R Bruce Marcus Relative to health insurance sold in New Hampshire.
2011-H-0609-R William Smith Relative to freedom of choice on whether to join a labor union.
2011-H-0684-R Norman Tregenza Urging Congress to pass legislation against losses in value due to recent increases in money supply by the federal reserve; restoring gold and silver money; and phasing out the federal reserve system.
2011-H-0685-R Norman Tregenza Prohibiting enforcement of federal health care legislation in this state.
2011-H-0686-R Norman Tregenza Urging Congress to withdraw from the North American Free Trade Agreement.
2011-H-0687-R Norman Tregenza Urging Congress to withdraw membership from the United Nations.
2011-H-0689-R Robert Huxley Relative to various state laws pertaining to illegal immigrants.
2011-S-0767-R Nancy Stiles Relative to the determination of residency for certain pupils.
2011-H-0786-R John Hunt Relative to "essential benefits" under federal health care reform.
2011-S-0810-R Jeb Bradley Reforming the comprehensive shoreland protection act.
2011-H-0816-R William Infantine Relative to workers' compensation for undocumented workers.
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Peeking Into Next Session: 1 - Social Issues | 17 comments
More to come - (0.00 / 0)
These are just the LSRs that struck me as more aligned with the national Tea Party Republican agenda and less aligned with the current problems facing New Hampshire.

I'll be covering education, voting and campaigning, and Constitution-centric pet projects over the week.

Like I say: this isn't scientific. But the prospects for a session focused on budget matters seem strained...

Nice Job, Elwood... (0.00 / 0)
...the adventure continues of the fight between those who want to take away human rights, and those who want to protect and expand them.

In the History of the Earth, is there anything new about that story?  

Kind of sad.  But therein lies our challenge as participants in government.  And that gives us opportunity and purpose.  

I feel compelled (4.00 / 1)
to point out that the voters of Albany/Madison/Eaton felt the need to replace the excellent and well respected Bob Bridgham, with Norm Tregenza - a John Bircher.

Contrary to all that OMG THE BUDGET! OMG - CUT SPENDING! OMG-CUT TAXES! OMG - JOBS! BUSINESS! - that we heard during the lead up to the election, Norm seems more interested in attempting to influence Congress than actually working for his constituents.  

Some of the names on this list are eye openers. (0.00 / 0)
Norman Tregenza, card-carrying member of the John Birch Society. Favorite quote:
I love liberty, America, the Founding Fathers, our Constitution and I love being a member of the John Birch Society.

David Bates, head of the Let NH Vote movement last year and fundamentalist/Christianist. Favorite quote:

Our national sins are a disgrace. We have no reason to expect blessing from God if we continue to call evil what God says good while embracing and affirming as good what God condemns as sin.

And Wild Willie Smith, a proud Tenther. Favorite quote (from his bill last year):

The ... state of New Hampshire declares that the federal law known as the Patient Protection and Affordable Care Act, ... is not authorized by the Constitution of the United States and violates its true meaning and intent as given by the Founders and Ratifiers, and is hereby declared to be invalid in this state, shall not be recognized by this state, is specifically rejected by this state, and shall be considered null and void and of no effect in this state.

The next 2 years are going to be a hell of a ride. Strap yourself in.

Tregenza seems to be King of the Wingnuts.... (4.00 / 1)
...the bright side is that if enthusiasm is generated for his pointless bills, and the committees can get bogged down in Regressive Waxing Eloquent, maybe they can run the clock out before the dangerous stuff with practical repurcussions gets discussed...
[ Parent ]
Campbell & ethanol (4.00 / 2)
You mixed in a liberal Democrat's LSR:

2011-H-0410-R David Campbell Bbanning corn-based ethanol as an additive to gasoline sold in New Hampshire.

Getting rid of gasohol is actually more of a liberal issue than a conservative one, even though we liberals were originally in favor of the stuff.  The ethanol requirement has driven up food prices, driven up gas prices, created a boondoggle for agribusiness magnates and increased auto maintenance costs (because the ethanol lowers the lifespan hoses and other non-metallic car parts.)

The real right wing "whackadoodles" would prefer to eliminate the regulations altogether so you could put as much ethanol or as little ethanol in gas as you want.

I asked Rep. Campbell about the bill, and he told me the requirement wouldn't kick in unless neighboring states passed similar legislation. (The gas in NH all comes from out of state.)  

In case you forgot, Campbell is one of the two Democrats who challenged Minority Leader Norelli at the party caucus a few weeks ago.

What is going to be substituted? (0.00 / 0)
Do you know what he wants to use in place of ethanol?  I have vague memories  (from Jay's time in the legislature) of the decision to use ethanol in NH. It was the only way NH could stop the use of reformulated gas with MTBE which was polluting our water supplies.  Unfortunately, parts of NH are included with the Boston/Worcester area in enforcement of the Clean Air Act.

"My name is Ozymandias, king of kings:
Look on my works, ye Mighty, and despair!"
[ Parent ]
Changing the minimum wage? (0.00 / 0)
This one's a head scratcher. Our state's minimum wage is $7.25, the same as the federal rate. Even if we eliminated the minimum wage in this state, (and I suspect the House will vote do so), the federal law will still keep the minimum wage at $7.25, so what's the point of this bill other than it's a chance to kick the poor on this state in the teeth when they are already down? Sheer gratuitous evil.

It would be nice if the sponsor of this bill was required to support her family for a year on the $14,500 or so she would earn if she was working  full-time at a minimum wage job.  

pegging it to the federal minimum wage... (0.00 / 0)
I have not seen the bill, but I have been told that Rep. McGuire's bill would merely peg the state minimum wage to the federal wage.  We have never, as far as I know, actually set our minimum wage above the federal level.
[ Parent ]
Really? (4.00 / 1)

RSA 279:21 says:

Unless otherwise provided by statute, no person, firm, or corporation shall employ any employee at an hourly rate lower than that set forth in the federal minimum wage law, as amended, or as follows, whichever is higher..
.

Ms. McGuire is a Free Stater. It is the position of this group that minimum wage laws are an unwarranted intrusion on private contract law and abridge our freedom to oppress our fellow Granite Staters. Or something. Somehow I doubt her bill simply repeats  what is already in the code. But who knows...

[ Parent ]
in 2007, NH minimum wage topped the federal rate... (4.00 / 3)
One of the first things the new Democratic majority did in 2007  was to pass HB 154, which raised the NH minimum wage.  The Congress was working on similar legislation.  As a result the timeline for raises was:

July 24, 2007--Federal rate raised to $5.85.

September 1, 2007--NH rate raised to $6.50, topping the feds.

July 24, 2008--Federal rate raised to $6.55, upping the ante by a nickel, but only for six weeks.

September 1, 2008--NH rate raised to $7.25. putting NH back on top.

July 24, 2009--Federal rate raised to $7.25, thus achieving parity.

The thought at the time was that we did not want to wait for Congress to act.

[ Parent ]
But some members of the new majority don't believe the feds (0.00 / 0)
...have the authority to impose a threshold in this area.  If you look at the list of LSRs, many of their bills are ones repudiating the authority of the federal government in many areas.  Health care reform and firearms regulation leap to my mind, but there are others as well.  
[ Parent ]
Oops...My comment on the new majority and federal preemption should have posted under Michael Marsh's comment about reducing the NH minimum being a head scratcher. (0.00 / 0)

[ Parent ]
Whoops...2007 minimum wage bill was HB 514 (4.00 / 2)
not 154.  I was interested to note that the vote in the NH House was 286-69, which means that the bill had significant bipartisan support, as the Dems were at around 240 then.  

I also note that the current list of LSRs include at least two titles regarding raising the minimum wage.

[ Parent ]
passed this on to LTE group (4.00 / 1)
I've passed this along to LTE writers group. Good "big picture" view to begin campaign.  THANKS!

"No problem can be solved from the same level of consciousness that created it." Albert Einstein
I thought the deadline for LSRs this year had passed - (0.00 / 0)
I was wrong - more have been filed since Monday.
LSR deadlines differ for the House and Senate. (4.00 / 1)
This is because each chamber sets its own rules.  The Senate has a later deadline than the House does.  It is also appears to me to be easier for Senators to introduce bills after their filing deadline.  

And I have not examined how long it takes between the time a legislator walks into the Legislative Services office and says "I want to file something..." and when it actually appears on the General Court web site.  The drafting attorney has to give the request an LSR number and a title, and then the number and title have to be posted to the web site.  I'm not sure the exact number of drafting attorneys there are, but I think it is seven, counting the director of OLS, and they do ALL the drafting for 424 members, some of whom submit more than 20 drafting requests.  They are true heroes.

There may well be more LSRs yet to come.

[ Parent ]
Peeking Into Next Session: 1 - Social Issues | 17 comments

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