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House Session This Week

by: Lucy Weber

Wed Mar 02, 2011 at 18:28:26 PM EST


(Thank you for this report on today's session, Lucy. It seems there are some cracks in the majority veneer.
"ITL" means Inexpedient to Legislate or kill the bill.
(Part put below the fold by me) - promoted by Jennifer Daler
)

For those keeping score, I thought I'd give a summary of how the House session went today.  We had eleven bills on the regular calendar, plus four bills removed from the consent calendar.

In hindsight, it is a good thing that we started with the bill naming a bridge in Merrimack in honor of Corporal Timothy Gibson, U.S.M.C, who was killed in action in Iraq in 2005. That was an accomplishment.

The proceedings quickly got more difficult.  All three bills on the regular calendar from Criminal Justice were recommitted.  This means they were sent back to the committee for more work.  By way of explanation, recommittal used to be a relatively rare occurrence, used when new information was brought to the committee's attention after the bill had been sent to the floor, or when an "unintended consequence"  was suddenly discovered to the dismay of the committee.   Three in one day is unusual.

Lucy Weber :: House Session This Week
The next bill, from Election Law, was recommended Inexpedient to Legislate (ITL). Those members of the majority party who had not gotten their way, mounted a huge floor fight to get the bill recommitted to the committee so they could try again.  The debate took 25 minutes, and featured an explanation of how voting is done in Australia, which I gather was important for us to understand because this bill does not use that method. The motion to recommit was eventually defeated, 68-272, after which the bill was ITLed, 303-44.

The Fish and Game bill was recommitted.

At this point, for some reason I missed, we jumped to one of the bills removed from the consent calendar.  These are usually heard at the end of the session.  This was a bill that had been recommended ITL, but again, those members of the majority who favored the bill wanted to overturn the committee report so they could offer a floor amendment.  Eventually the ITL was approved by a vote of 241-102.

Back on the regular calendar, the Judiciary bill passed on a voice vote.

Then two more ITLs, and then two bills actually passed, one having to do with boating accidents and one with boat exhaust systems.

From the consent calendar, another recommit request from Criminal Justice, and then a Republican actually got an ITL recommendation overturned, after which (you guessed it) the bill was recommitted.

The final two bills were ones I removed from the consent calendar, not because of substance, necessarily, but because I could not tell from the blurb in the calendar what the bills actually did.

The first blurb said that only one word in the statute had been changed, but a reading of the proposed amendment showed that a whole new section had been added in to the statute.  No mention of this new addition was made in the blurb at all.  The second bill was described as a housekeeping bill, which is always a red flag.  When the dust settled, the committee Chair had explained the first bill, and it passed, but he wound up asking that part of the housekeeping bill be voted down, as it might have some problems which had not been spotted before.

So, of 16 bills total, 6 were recommitted, 3 ITLs, and 6 bills passed in three hours and 45 minutes.

Almost all the floor fights were between Republicans.  Oh, did I fail to mention that none of the bills that actually passed appear likely to affect either jobs or the economy?  But some of us will be spending more time studying the carrying of crossbows, rifles and shotguns in automobiles.

I am told we still have 381 House bills to be acted upon by the end of the month.

Now that is focused like a laser.  Stay tuned.

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House Session This Week | 36 comments
6 recommitted out of 16? (4.00 / 1)

That is one fine set of committee chairs and vice chairs you picked, Boss O'Brien!

This really speaks to the fact that O'Brien chose ideology over competence when he selected his leadership team. But with Baldasaro, Mirski, Itse, Weyler, and others, that was pretty obvious already. To read some of the blurbs that are coming out in journal is to be ashamed of the people's asembly.


an odd vote (and also an even vote) on HB 29 (0.00 / 0)
Oddly, I cast a pro-gun vote which O'Brien canceled out, in a rare vote by the Speaker.  HB 29 is a bill "permitting a person to petition the superior court for any action pertaining to a pistol or revolver license."  Basically, if you get your license application turned down (which rarely happens), you can now only appeal to district court; this bill would give you the choice of appealing to the superior court.  I had no problem with that change, and I crossed over and voted "Nay" on Inexpedient To Legislate" (which means I voted for the bill.)  

The vote on ITL ended up 167-168: 85 R's and 82 D's voted Yea on ITL; 164 R's and 4 D's voted Nay.  (The 1 Independent was a noshow.)  So the motion would have been killed, but for some reason O'Brien exercised his privilege of voting to break--- or create--- a tie.  And he voted "Yea."  

Voting to break the tie in this instance had no effect: a tie kills the motion.  I have no idea why he did it, especially since he took a recorded vote which will presumably displease the gun nuts, and which placed him on the same side as the Democrats.  I assume there is some strategic reason for it.

The alternative motion was, of course, a recommit.  That went through on a voice vote.


[ Parent ]
Confused (4.00 / 1)
According to today's UL, 168-167 vote would have killed the bill, but O 'Brien's vote to tie kept it alive for the vote to recommit. Which would mean the Speaker's vote did have a purpose, and helped the bill.  Not being there, I'm not sure which of you is wrong or right. Any clarification?



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


[ Parent ]
I think you need a majority (0.00 / 0)
If I recall correctly, you need a majority of at least one to pass a motion.  A tie kills the motion.  The motion was already dead after the 167-168 vote, but O'Brien went ahead and created a 168-168 tie.  The only thing I can think of was that he was doing this as a precaution in case someone was in the hall and did not vote.  (In that case, the rules state that everyone is supposed to laugh at him or her while he or she goes up front and whispers his or her vote to the journal clerk.)

[ Parent ]
thanks n/t (0.00 / 0)




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


[ Parent ]
Tim's right (0.00 / 0)
The vote was 167 aye-168 nay on the motion of ITL, so the motion failed.  The actual wording of House Rule 5 says "The Speaker shall not be called upon to vote unless the vote would be decisive."  So the Speaker should not have voted in this case, because his vote created a tie, and the motion still failed, so his vote was not decisive.  However, given that his vote was not decisive, no harm, no foul.

The vote would have been decisive if he used it to break a tie, which turns a failing vote into a passing vote, or if the motion WINS by one vote, in which case the Speaker's vote can turn a passing margin of one vote into a tie which causes the motion to fail.

I shall not delve into motivation.


[ Parent ]
Ohhhhh Lucy -- Wonderful Report... (4.00 / 6)
...on inaction by the House.  So, doesn't look like any new jobs were created today, or work accomplished on the budget or the economy.  

At least you helped keep bad things from happening.  When Dudley Dudley was the lone Democrat on the Governor's Council during Mel Thomson's days, she'd usually be able to point to something at the end of the day that she had PREVENTED from happening that would have hurt people.

As a side note, I'm pleased to note a bridge was named after a real hero, instead of some politician.  It would be good if we stopped naming any building or bridge or highway after elected officials, but I guess politicians do like to see their names in bronze or metal.  


What happened to the same-sex marriage repeal bills? (0.00 / 0)
I thought they were supposed to be voted on in committee yesterday but I've seen nothing about them.

Let the Sunshine In, Part Three (4.00 / 7)
...or I'm Glad You Asked, jpmassar.

Those bills, along with more than twenty others, were noticed for executive session for yesterday, Tuesday, March 1.

Of course, we were not going to get to all those bills in one afternoon, so there was also a calendar notice for tomorrow, Thursday, March 3, as a continued executive session on all the bills, if needed.

Just in case we don't finish up tomorrow, the bills are also in the next calendar to be heard on Wednesday, March 9th.

And also on Thursday, March 10th.

Technically, I suppose this complies with the notice requirements both under House Rules and under the Right-to-Know law.  But if notice is given for four different days, aren't we really just preventing the public from having any idea of when we are going to decide on the bills of the most interest to them?

Not to mention how does the press figure out when any of the hot-button issues are being decided.  And pity the lot of the poor lobbyists.  They are often tracking multiple bills in multiple committees, as are the press.  Currently, being in the right room at the right time is pure accident.

This is a real loss, because sometimes in an executive session, a new question comes up, and it is both helpful and efficient to have all the interested parties in the room to answer questions or to react to a new suggestion which was not discussed at the public hearing.

The current practice just lends itself to unproductive sessions like the one we had today.

And to making bad law.


[ Parent ]
Thanks for the info and insights! (0.00 / 0)


[ Parent ]
So let's say one of these bills somehow makes (0.00 / 0)
it out of committee this year and has to be voted on.

Can the bill be amended?  E.g., suppose the House leadership really didn't want to take a vote on the bill but was forced to because of your legislative rules.  Could they propose an amendment to the bill which would essentially obliterate it (e.g., replace the entire text of the bill with an ode to apple pie?)

In other words, as I understand it, your rules say bills have to be voted on eventually.  But can that be circumvented by proposing (and passing) amendments to such bills that render the bill impotent or meaningless or whatever)?


[ Parent ]
Wow. Another example of failure by design, apparently (0.00 / 0)
incorporated in the rules.

[ Parent ]
Passage of bills from committee to floor (4.00 / 3)
All bills eventually get a vote, but here are the options, or at least the major ones.

In the first year of the biennium, which is where we are, the committee can vote to send a bill to the floor with any of the following recommendations:

Ought to Pass--the bill should pass as it was introduced.

Ought to Pass With Amendment--this would be a specific amendment which the House would vote on  before voting on the bill.

Inexpedient to Legislate--a politer form of saying just kill the bill.

The committee may also, in the first year, vote to simply retain the bill for work over the summer, which puts off the floor vote til next year.

After the committee votes, they send a committee report to the full house, with their recommendation as to how the full House should act.  This recommendation becomes the motion the House votes on.

What happens on the House floor is a vote on the committee recommendation, NOT a direct vote on the content of the bill, which is why our voting records can be confusing.  If a bill is recommended Inexpedient to Legislate, My floor vote of "Yea" means I am AGAINST the bill and FOR the committee report.  If I vote "NAY" on an ITL motion, I am voting FOR the bill and AGAINST the Committee report.

On the House floor, the House may amend the bill further by a floor amendment. Or the House could overturn the committee recommendation, and then make a different motion.  We don't do the ode to apple pie route.  If a bill is recommended Ought to Pass, and we don't like the bill, the procedure is to vote against the OTP motion.  If a majority votes against OTP, then a new motion may be brought, and someone could offer a motion of Inexpedient to Legislate.


[ Parent ]
Thanks for the explanations. (0.00 / 0)
But I don't get it.

If "On the House floor, the House may amend the bill further by a floor amendment." then why can't they amend the bill into oblivion, i.e., "do the ode to apple pie route" ?

So suppose same-sex marriage repeal comes out of committee with a OTP recommendation.  House leadership doesn't want to vote on it (as they've stated), but knows that if it comes to a vote as is it will pass, because the R's can't afford to offend the base.

Instead, they have someone offer an amendment to substitute for the text of the bill an ode to apple pie.  No one wants to vote against apple pie, so the amendment passes. Now the bill as amended comes to a vote, and again no one wants to vote against apple pie, so the bill passes.  Legislators and leadership have now managed to avoided taking a vote on a controversial issue while following the rule that all bills must be voted on.

You're saying this just isn't done -- because of tradition or because it is somehow prohibited?


[ Parent ]
What you describe can and has been done (4.00 / 1)
Yes, the full House can vote to replace the entire text of a bill with something completely different.  That doesn't happen very often, but it does happen.

Traditionally, the House has not replaced the text with something completely different like you suggest.

More likely, the text of a bill would be replaced with text that would create a committee to study the issue.  

Help keep marriage equality in NH.  Make a monthly donation to NH Freedom to Marry.   www.nhftm.org


[ Parent ]
So, basically (0.00 / 0)
a bill can be amended into oblivion (e.g., replace the text with language to create a committee to study the issue).  It is just done in some way which is 'relevant' to the actual bill, as opposed to being completely in-your-face.

The main point of all this is that, I believe we have concluded, that even though the same-sex marriage repeal bills have to be voted on next year, same-sex marriage repeal does NOT have to be voted on; the bills could be amended to make them impotent.

Do I have that pretty much right?


[ Parent ]
That's correct (4.00 / 1)
Although highly unlikely.  There are people in leadership who REALLY want these bills to pass and may well be willing to risk the consequences.

Don't forget that Rep. Bates is fond of saying that leadership has assured him of their full support next year.

Help keep marriage equality in NH.  Make a monthly donation to NH Freedom to Marry.   www.nhftm.org


[ Parent ]
It's going to get a vote either way. (0.00 / 0)
House Rules forbid non-germane amendments, and why would you bother to talk about apple pie when you can just vote Inexpedient to Legislate?

If a bill becomes something completely different, the House is supposed to have a new hearing on it.

The Senate, does not have this requirement.  Teh most obvious case is when the Senate took HB 73, a bill I filed on the solemnization of marrriage, and amended it in its entirety to incorporate the Governor's requirements for passing marriage equality.


[ Parent ]
Is an amendment to have a commission (0.00 / 0)
study the issue for a year and report back, non-germane?

[ Parent ]
We were arguing the opposite point (4.00 / 1)
in my committee today.  I would argue that going from a bill proposing a change in statute to a study committee on the same subject is not a problem, after all, you are studying something, not passing a specific statute.  People can come to the study committee meetings, and you will have to introduce a whole new bill to actually change the statutes after the study committee does its work.

Today, I argued that if you want to change a study committee bill into an amendment of a specific statute, you need a new hearing, because the public needs the know that you are now going to actually change the law, and they had no notice that you were intending to do that.  I'll bet the rulings on this issue have come out all over the lot, though.    


[ Parent ]
Ah, now I know who... (0.00 / 0)
I wondered why the study committee for issues of standing didn't get turned into the taxpayer standing amendment that Douglas proposed.  No harm.  I actually agree with you here.

[ Parent ]
Well (0.00 / 0)
 
why would you bother to talk about apple pie when you can just vote Inexpedient to Legislate?

I assume because it's a lot easier to vote for a bill that actually promotes apple pie and motherhood, even if was supposed to be about same-sex marriage repeal, than it is to vote 'ITL' on a bill that contains language to repeal same-sex marriage, if you are a Republican.

My conception is that this kind of tactic is an 'out' -- an R legislator can say that he didn't ever vote against a bill to repeal same-sex marriage to his base, while he can say that he didn't ever vote to repeal same-sex marriage to the other 60% of NHites that don't want it repealed.

In any case, thanks for the info about how bill amendments that are not germane are not supposed to be introduced, and that if a bill becomes something completely different, it is supposed to have a new hearing.  I assume that any of these procedural rules can be overcome by the leadership or by a majority vote though, eh?


[ Parent ]
Suspension of the Rules (0.00 / 0)
In most cases, Suspensions takes 2/3 majority.  If you have 2/3rds aligned on any given issue, you can introduce a new bill as easily as anything else, so it's unlikely to be used to merely deal with a nongermane amendment.  I've done more than a few amendments so far this year, one was rejected for being nongermane (it was pushing the envelope honestly but I tried), and one was just accepted which entirely replaced a multiple page bill with 1 new paragraph - but it was on the same section of law, so it was certainly germane, and it had the support of the original sponsor.

[ Parent ]
More detail would be very helpful (0.00 / 0)
I am doing my very best to keep up with the bills before the Legislature, with limited time.
I appreciate very much this summary and all of the work that went into putting it together. But I would appreciate it even more if instead of reporting on categories of bills, the bill #'s and brief names could be included in your report, including the summaries of bills that passed, were inexpedient to legislate, etc.

Information in that form would also be much easier for me and others to pass on to fellow residents/citizens, - so they could perhaps get more involved in what is going on.


The house website (0.00 / 0)
The house website contains a lot of information; I highly recommend perusing the most recently posted house calendar to see what is scheduled, to read the little blurbs on the bills , find out what committees are meeting and why. Like you, I don't have a lot of time, and I find this to be a valuable time saving resource.

http://www.gencourt.state.nh.u...

 



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


[ Parent ]
State House Bulletin (0.00 / 0)
Several organizations also provide weekly state house updates, which can help cut through to the real meaning of bills fairly quickly. For example, AFSC follows a lot of economic justice bills, they are a great go-to source for that topic.

Here's a link to the Granite State Progress edition; this is a new project for us (full post coming this weekend) but we're basically pulling out some of the most controversial bills. This week's edition didn't comment on floor votes, but most of them will.

Zandra Rice Hawkins (Granite State Progress)


[ Parent ]
Transparency efforts (0.00 / 0)
We've recently added a database dump of all bills including statuses and next hearings/etc, and all roll calls votes.  Updated daily at 5pm I think (click on 'downloads' and you'll find it there).  Some real geek skills required to truly use it, but anyone with a serious interest in bill tracking is in heaven.  Kudos to the GC IT guys for making it happen, in response to our inquiries asking for this.

Transparency is non-partisan, and the data is public, so anyone can use it.  We might disagree about which roll call votes are meaningful, but the data itself is neutral.

There is already someone (a member of the public) using it to generate Facebook entries for each bill, for example.



[ Parent ]
All efforts to make the GC more transparent (4.00 / 1)
are welcome and a great service to the public.  One of the lobbyists was talking about it with appreciation last week.

Unless I am mistaken, let us make it clear that this is making the same information which is currently available on the web site available in a more manipulable format, for those who have the requisite level of geekitude to be able to put it to use.

Let us not minimize that accomplishment.  The GC Information System is old and cranky, and is kept alive by some truly wonderful people, with more links to more data being added all the time.  When I say old and cranky, let me say that when our committee assistant emails new notices of hearings or execs out to committee members, I cannot open the notices on my iPhone, because the notices are sent using Word 97, and no app has been developed to enable the iPhone to open it.

But I do not think the data dump addresses the transparency issues I am most concerned about.  The current problem with transparency is exemplified by the marriage bills.  Calendar notice was given for all three of these bills for March 1, with a continued notice for all bills from March 1 to March 3, if needed.  All three were also later noticed for March 9 with a possible continuation til March 10. How does this tell a member of the public know when to show up to see what direction their life may take?

My take is that the database dump is a great boon to those who want to keep score of what has happened, but not so much for those who actually want to be there to see it done.

For that, I am seeing wider use of what I am now going to dub "handbag notice."  Here's how it works.  Someone comes up to me in the hall, and hands me a business card or a sticky note with several numbers on it, saying,"here's my cell number--call me when my bill comes up?"  I now have a small collection of them in the front pocket of my handbag.


[ Parent ]
Data dump info (0.00 / 0)
Yes, the info in the dump is the same as what you can get online... but for example, you can get all of the roll calls at once, instead of one at a time.  All of the bill statuses (updated daily) at once.  Etc.  If you only care about one bill, you can follow that without much effort using the existing website... Following a half dozen is a lot of work, and following a dozen much more... try following a hundred bills, or even just a entire committee's worth.

There is potential for a lot of this to be done independently using the data dumps, so any group can build a solution (want to get tweets when your followed bills get scheduled? When your pet bill gets a date, do you want your mailing list of 10,000 people to get an email, and so on...?) to custom fit them.

Lots more work to be done, including, as you pointed out, the House using word documents, lack of calendar notices, amendments, and so on.  And that's just for the House/Senate tracking... now imagine transparency similar through the rest of government... and again, this is nonpartisan.


[ Parent ]
Thank you, Lucy (4.00 / 3)
...for being so lucid.  

thank you Lucy (0.00 / 0)
This is such valuable commentary. Thank you for taking the time (I know how little you have) to post here. Your clear language and explanations are a gift.  

Not a criticism (0.00 / 0)
I've been to the House site and others. This summary was especially useful in the way it was organized, but would have been a better tool, for others who weren't there, to use and not just get angry about, if there had been more specifics tucked into it. I wasn't thinking that any extra research would be needed for this. Lucy obviously was totally on top of the bills that were heard.

No criticism inferred... (4.00 / 1)
...and no offense taken.  But for a look at my reality, I wrote about my time management issues here.  

I was also typing on my lap in a hotel room directly on a laptop keyboard I do not normally use, having decided to stay over in Concord because this week I had to be in all five days.  Plus a meeting in Manchester on Saturday, but who's counting?  After all, it's a part time job.

The specifics of the bills had nothing to do with the point I was trying to convey, which is about process.  I just do not have the time, energy or interest to create anything like a digest of what is happening.  That's what the House Calendar is for.


[ Parent ]
Good description of the day... (0.00 / 0)
I think you did a good overview, even if I'd nitpick a few things from my own viewpoint which is to be expected, being one of those in majority and causing/supporting some of the floor fights.

[ Parent ]
and yes, being in all 5 days this week... (0.00 / 0)
Who told us it was a part time job?  8:00am-5pm (or later) 5 days a week for $100 a year... talk about ultra minimum wage. (The 5 days is really just a few weeks of the year though.. but still...)

[ Parent ]
House Session This Week | 36 comments

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