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Let the Sunshine In....Or Not.

by: Lucy Weber

Mon Feb 14, 2011 at 19:10:52 PM EST


(This diary goes to the heart of what is happening in Concord.
Sunlight is still the best disinfectant.
Thank you, Lucy. - promoted by Jennifer Daler
)

Today, in the House Judiciary Committee, we had the latest shining example of what open and transparent government really means to the current Republican majority.  

First, some background.  Early last week, the Judiciary Committee held an executive session on HB 199, which had to do with medical screening panels.  The committee voted the bill Ought to Pass with Amendment by a very strong bipartisan vote of 14-3.  As the person who made the motion, I wrote the blurb, and was surprised to see that the bill was not included in the calendar for this week.

Late last week, in the discussion of another bill also on medical screening panels, our Chair stated that we had been asked to retain both screening panel bills in committee, and that a motion for reconsideration had been made on HB 199.  Despite this announcement, the division voted 6-3 to recommend OTP to the full committee on the second bill, as well.

This morning, the reconsideration of HB 199 came up in committee.  Our Chair told us that we had been asked "as a courtesy" to retain both of the screening panel bills.  One of our Republican members made a very eloquent speech, arguing against reconsideration.  He stated that this was exactly the kind of behind the scenes "business as usual" in Concord that he had run against, that the committee had considered the issue and had voted, and in the absence of new information, the committee should stand by its vote.   He deplored the playing of games with the division process set up by the Speaker.  Several other people on the committee, including myself, also objected to this "do-over."  The reconsideration vote was 10 in favor of reconsideration, and 5 against.

Lucy Weber :: Let the Sunshine In....Or Not.
So the next motion was to retain the bill in committee until next year.  Along with others, I again argued against the retention, citing the policy reasons used by the committee in its vote the week before.  I also asked the committee Chair to whom we were extending the courtesy of retaining the bill, as this question certainly had never been addressed out in the open. Needless to say, my question was not answered.

Remember that in every public hearing, each person who speaks must identify himself or herself, and states whether they are testifying for themselves or for some other organization or business entity.  This is how we know what interests we are dealing with, and allows us to evaluate their testimony accordingly.  I wonder how many of those people might be offended by the committee extending courtesies to the unnamed.

Just before the vote was taken, at 11:50 am, the Chair decided that we needed to adjourn for lunch.  

When we returned to the committee room at 1:00 pm, a vote was taken with no further discussion.  The motion to retain HB 199 passed by a vote of 12 to 2.  Every one of the Republicans now voted to retain, including the one who had spoken so eloquently against such an action.  This was swiftly followed by a successful motion to retain the second screening panel bill as well, despite the strong recommendation it had been given by the division.

And while we are talking about transparency, let me follow up on the current state of executive sessions in the Judiciary Committee.  We were told today that because there may be time available on Wednesday, executive sessions on eleven Judiciary bills will be announced from the House floor tomorrow, Tuesday.  This procedure is certainly allowable under the House Rules.  However, it was used sparingly in the last four years, as the former Speaker insisted that calendar notice be given if at all possible.  So on Wednesday, we will be deciding up to eleven bills with no calendar notice to the citizens who care about them, and perhaps less than 24 hours notice after the announcement from the floor of the House.  

I sure hope those folks are all tuned in to the House audio feed tomorrow afternoon.  

Note:  This diary is, in part, a follow-up to Mike Emm's diary entitled Executive Session May Follow, and my comments in that thread.  As I do not want to be accused again of hijacking, I thought it best to start a new conversation, but those wanting to see my earlier comments may find them here.

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I find this very fishy. (4.00 / 2)
House leadership is dominated by lawyers.

These bills involve medical screening panels.

Hmmm....

birch paper; on Twitter @deanbarker


I deliberately left out the details (4.00 / 2)
of the bills in question.  But here is my take.  There are always screening panel bills.  Someone always frames them as doctors versus lawyers bills.  That is just wrong.  

On one side are doctors and attorneys representing doctors.  On the other side are people who have been injured, and attorneys representing people who have been injured.  The doctor may or may not have acted negligently, and the negligence may or may not have caused the harm to the injured person.  That's what the trial is all about.

HB 199 just streamlined the screening panel process by requiring the screening panels to act on written offers of proof instead of live expert witness testimony.  In my opinion, this saves money for everyone.  The other screening panel bill would have abolished the panels altogether.

The oddity here is that people like the Judiciary Chair, who have for years been saying they oppose the screening panel process and would like to do away with it, voted in favor of retaining both bills.  As a courtesy, of course.

The object of life is not to be on the side of the majority, but to escape finding oneself in the ranks of the insane. --Marcus Aurelius, courtesy of Paul Berch


[ Parent ]
One of my greatest worries... (0.00 / 0)
was that in this legislature, most of the decisions would be made out of the public eye, behind the closed doors of the Republican caucus.

What did they do to the eloquent Republican member that he made such a turn-around?  

JillSH


Did you ever find out (0.00 / 0)
The identity of the mystery person to whom courtesy was being extended?



"When you get to the end of your rope, tie a knot and hang on."  Franklin D. Roosevelt    


My assumption (0.00 / 0)
would be House leadership.  But I wouldn't be in a position to know.  Nor would I know who persuaded them not to support their own committee members.

The object of life is not to be on the side of the majority, but to escape finding oneself in the ranks of the insane. --Marcus Aurelius, courtesy of Paul Berch

[ Parent ]
Smoke filled rooms (0.00 / 0)
I remember hearing about them.  In this case, smoke filled lunch rooms.  

we still have a smoke filled room (0.00 / 0)
There actually is a smoke filled room in the legislative office building: a glassed-in smoking area in the basement.  Indoor smoking rooms are illegal in most other public places, but the state house complex operates by its own rules rather than by the laws we legislators make for the rest of the state.  (This sounds unfair, but there actually is good reason for this: it protects us from outside interference.)

I don't smoke, but I occasionally hang out there anyway, because the company is good and the room has nice tables and many electrical outlets (which makes it a good place to set up your laptop.)


[ Parent ]
This isn't a case where the General Court (4.00 / 1)
ignores its own rules.  (Not that that does not happen.)

RSA 155:66 lists the types of businesses in which smoking is prohibited.  The General Court is not on the list (except perhaps for the restaurant contained therein.)

Smoking may be permitted in workplaces not specifically on the list in enclosed and designated areas, with which requirement our very own smoke-filled room complies..

II. Smoking may be permitted in enclosed places of public access and publicly-owned buildings and offices, including workplaces, other than those listed in paragraph I, in effectively segregated smoking-permitted areas designated by the person in charge.

There may be some question about the "effectively segregated" part.  After all, the door has to open for folks to go in and out.

The object of life is not to be on the side of the majority, but to escape finding oneself in the ranks of the insane. --Marcus Aurelius, courtesy of Paul Berch


[ Parent ]
A vote to retain a bill (0.00 / 0)
On the one hand a "vote to retain" sounds like a bad thing if you favor the bill, sort of like sending the bill back to committee for more "study".

(3b)Retain in Committee
(Only used in the House
--1st year of session).
These bills are held for
debate the following year.
from NH General Court Legislative Guide

What is the strategy of delaying consideration? What in your experience are the meanings of this tactic?

thanks!  

whp


A vote to retain is used for many things. (0.00 / 0)
The most obvious one is that the bill needs more work, and there just is not enough time to get the work done before crossover, the date by which bills must be sent on to the Senate.  Retaining the bill allows it to be worked on over the summer and fall, so it can be voted on next January.  The process is useful if a bill is particularly complicated, or if there are several competing bills addressing the same or related issues.

And sometimes, as you have noted, it provides a soft landing for a bill that is just not going to be passed.  Or perhaps there is a real problem, but no satisfactory solution.  Or possibly even that someone thinks it will be a good issue for an election year.

The object of life is not to be on the side of the majority, but to escape finding oneself in the ranks of the insane. --Marcus Aurelius, courtesy of Paul Berch


[ Parent ]

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