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Jackie Cilley's Legislative Action Alert, Week of 4/18/11

by: Dean Barker

Tue Apr 19, 2011 at 05:33:02 AM EDT


(The latest in Jackie Cilley's invaluable series of legislative alerts; contact her at jcilley AT aol DOT com to subscribe by email)

For more years than I can recall, early in our marriage Bruce and 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.

The one area in which competition seems to be changing is in the political arena. We --
both parties -- used to compete on ideas -- who could put forward the most rational plan
for solving society's thorny problems. The goals, even between the parties, were not so
different such a short time ago. There was general agreement on such things as don't
leave the elderly on a street corner with a tin cup in their hand, don't leave individuals
with mental illness, physical or developmental disabilities behind (yes, we did have our
dark period of warehousing these folks, but I thought we learned something from our
sorry mistakes), and educate our children well because they are our future.

This spirit of competitiveness in ideas and solutions seems to be changing in profound
ways, not for the better, these days. Winning appears increasingly to be the sole
objective, regardless of positions on issues. Increasingly, we don't even want to hear
one another's ideas.

Of all of the disturbing things coming out of Concord these days one central theme
that is most disconcerting is the unwillingness of those who represent us to listen to
experts and citizens who come to testify on important legislation. Increasingly and on
a daily basis, I am receiving reports of e-mails sent by legislators or discussions held with legislators in which they actually say such things as "Save your breath. I already
know how I'm voting." Or, they write back to constituents and say that while they
may want to vote differently, they have been told by leadership how to vote. Those in
the best position to know, say their facts and figures fall on the deaf ears of those so
ideologically driven that they refuse to allow in any conflicting information.

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.

Dean Barker :: Jackie Cilley's Legislative Action Alert, Week of 4/18/11
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.

Thar's my rant for the day. Now, on to the business at hand.

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.

All Eyes are Now on the Senate

The Senate is receiving considerable attention these days as some of the most high
profile and controversial pieces of legislation are now in that chamber. The infamous
and misleadingly titled "Right to Work" bill comes to the floor of the Senate this week,
the repeal of the Regional Greenhouse Gas Initiative will be heard in committee as will
a bill to weaken the provisions of New Hampshire's recently passed anti-bullying bill and
yet another bill to gut collective bargaining. These are discussed in detail within this
section.

As it continues to crank out the House bills that it has worked on in respective
committees, twenty-nine bills will come to the Senate floor for a vote on Wednesday,
April 20. Two of these bills received an ITL (inexpedient to legislate/kill the bill)
recommendation from the committee before which they were heard. Otherwise, the
Senate is wholly or at least nearly in agreement with the House as illustrated by the
OTP (ought to pass) recommendations and OTPA (ought to pass with amendment)
recommendations from committees.

Despite some areas of agreement, the House is reportedly VERY unhappy with their
Senate counterparts. On the one hand, tensions between the chambers, regardless of
who is in the majority, are not uncommon. The current interfamilial enmity, however,
is rumored to be at historic highs. The House wants THEIR budget bill passed without
any changes. The Republican Liberty Caucus of NH is pushing hard to get folks to call
their Senators and tell them "It is important that the Senate not amend the budget and
undo the hard work that was done in the house." The RLCNH is also running radio ads
to let citizens know "how responsible" the House budget is - check out "A New Day of
Prosperity is Dawning" at http://rlcnh.org/news/rlcnh-be... Hey
New Hampshire - are you feeling prosperous yet??

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.

Predecessors to HB 474 have been taken up by the NH Legislature numerous times
prior to this year under both Republican and Democratic majorities. In every instance
previously, this legislation has been resoundingly defeated. The policy is one that
is a high priority of such groups as Cornerstone Policy Research and the American
Legislative Exchange Council, a group backed by such formidable interests as Phillip
Morris, Exxon Mobile, Coors Beer and the Koch (pronounced coke) Industries.

Numerous examples from this legislative session provide ample evidence that
these groups heavily influence our current legislature. In fact, in a recent issue of
Cornerstone's newsletter, the organization touted that:
This Legislature has put
our money where their mouth was...And we should thank them for it! [Emphasis
Cornerstone's.]

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.

The volume of misinformation surrounding HB 474 has frustrated those in opposition.
Although advocates claim that it is a "worker freedom," suggesting that workers are now
forced to join unions against their will, current law already protects employees from such
practices. Further, current law prohibits union dues (as distinct from agency fees) from
being extracted against an employee's will from his/her paycheck.

If an employee works in a unionized company or agency, s/he does pay an "agency
fee." This fee covers expenses incurred by a union in negotiating benefits for that
employee. Under current law any benefits, including increased wages, enhanced
healthcare benefits and the like, must be extended to non-union workers as well. The
agency fee, then, is designed to cover the negotiation work that the union does on
behalf of all workers. This money cannot be used for political activities.

It is unclear at this time whether there are sufficient votes to pass HB 474. If it does
pass, it almost certainly faces a gubernatorial veto. Should that happen it does not
appear currently that there would be the two-thirds necessary, at least in the House, to
override the veto. The bill passed the House 221 - 131, falling just short of a veto-proof
majority.

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.

Driven by pure ideology, HB 519-FN will repeal New Hampshire's regional greenhouse
gas initiative cap and trade program for controlling carbon dioxide emissions. In the
hearings in the House dozens of opponents turned out to testify that the repeal of this
program would harm New Hampshire in myriad ways including costing approximately

$26 million in grants to residents and small businesses for energy efficiency projects,
job creation around new technologies and energy efficiency and increased air pollution.
There was also ample testimony that New Hampshire's electric ratepayers would not
see a substantive decrease in their electric rates due to the fact that New Hampshire
participates in a ten-state grid on which rates are based. Thus, ratepayers would
continue paying the costs of the program in which nine other states participate but
would not be able to participate in the upside from the sale of RGGI allowances.

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:

"Cyber-bullying is a relatively new phenomenon, but we must take action to make it
clear it will not be tolerated," Governor Lynch said. "Through the use of cell phones,
social networking sites and e-mail, bullying can be taken to a whole new level - very
often out of sight of adults, parents and teachers. We need to be clear and send a
strong message that we will not tolerate bullying in any form - whether it is on the
schoolyard or over the Internet."

"By undoing requirements to address cyber-bullying, the legislation that passed the
House sends the wrong message, allowing bullies to hide in the shadows of cyber-
space," Governor Lynch said.

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).

No week would be complete in the current legislature without a couple of firearms
bills and in that, there is no disappointment in the upcoming week. One, HB 544, is
not so much a firearms bill as one that places knives in the same category of state
authority. The other, HB 330-FN permits any person otherwise not prohibited to carry
a firearm openly or concealed, loaded or unloaded, on or about his or her person or
upon or in a vehicle. It also removes, under certain circumstances, the requirement that
nonresidents obtain a license to possess a firearm while in New Hampshire. Ironically,
it does prohibit the carrying of a firearm while hunting during hunting season unless
the bearer also holds a hunting permit. HB 330 will be heard before the Senate
Judiciary on Wednesday, April 20 at 1:15 in Rm. 100, SH (Statehouse).

The Senate Finance Committee will hold a public hearing on the budget bills
on Thursday, April 21 from 2 - 4 p.m. and from 6 - 8 p.m. The schedule for each
department is contained in the calendar list below. Senate Finance meets in Rm. 103,
SH (Statehouse)

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.

I would encourage you to have conversations with co-workers, neighbors, and friends
about the words and actions of those who represent you. Some are satisfied with that
representation. Many more are appalled. Too many have no idea who they voted into
office and they should be made aware. You can have an impact in these conversations
and you can help to educate those around you.

A few priceless clips from the past week include the following:

In response to a constituent's questions about why he did not read the budget
bill he voted on, Rep. John Sytek, r, Salem explained: "HB 2, which among
many other provisions includes changes in collective bargaining and pension
benefits, is 146 pages long, not 16 as you state. The House budget runs over
900 pages. We received both the weekend before the vote. These important
bills were in addition to our normal committee work, of course. I never said that
I didn't feel like reading these bills. In fact, while I did not read them in their
entirety (something I did say), I did review key aspects regarding collective
bargaining and retirement." So what's a page or two or ten or 900 or so
between friends?? We're only talking about what will become law in New
Hampshire so I'm sure that our citizens can understand that reading it all
just isn't necessary - NOT.
• In a moment of rare complete candor one State Representative Bob Elliott,
r, Salem, explained why he voted for HB 2 despite "disliking" the bill. "Last
November, the people threw those tax and spend people OUT, and elected
153 brand new ,first time , ULTRA Conservative reps who promised to change
things and they meant it. I tried to warn my constituents there were some horrific
changes coming, but few could imagine how drastic those changes would be.
That's what I meant when I said "There's a new sheriff in town", ( Speaker
O'brien)( and he's very determined to undo everything the Democrats did. I kid
you not. P.S. The Majority leader ( DJ) had a meeting this morning and made
PERFECTLY clear how we were to vote on HB2. 153 new reps will agree with
him. The bill will pass by a HUGH majority, which is what they think the people
want." You'd think that a job that paid only $100 per year ought to at least
allow for having some integrity to serve the folks who elected you!

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.

• Found - Rep. Ronald Belanger, r, Salem, NH - but not at the Statehouse.
Despite being duly elected by the citizens of Rockingham, District 4, Rep.
Belanger has not been present for a single vote that we can find. Despite
that, he enjoys the privileges of legislative license plates (reportedly on his Ford
Taurus and his Ford Mustang). Rep. Belanger was stopped recently for "Failure

to Use Turn Signal," was rumored to be discourteous to the officer at the time,
and filed a complaint about the violation. He has been observed running a food
truck at the Salem Flea Market on weekends. There may be plenty of valid
reasons for not being able to serve once elected, but if it is not possible to do so,
then one should step down and allow the citizens of his district to be represented
by someone who can fulfill the duties of office. Oddly, the House Commerce
and Consumer Affairs Committee, on which Rep. Belanger sits has
designated a chair for him that they will not allow anyone else to occupy.
Could someone in Rockingham, District 4 suggest to Rep. Belanger that
it isn't nice to use the perks of office and the check the taxpayers paid for
representation if they're not going to receive the benefit of that.

Partially Found - Rep. Karen Hutchinson, r, Londonderry was none too happy
when a constituent both challenged her attendance record (she's missed 89 roll
call votes thus far this year) and her voting record when she did manage to make
it to Concord. He suggested that she might want to consider resigning. She
fired back this response: "...My vote does not represent everyone's views, so for
many, I am sure I am not their 'representative'....I am not resigning if for no other
reason than because you suggested it. Give me your list of accomplishments,
daily schedule and responsibilities so I will have an opportunity to creteque
that. We are a volunteer legislature. I am on the Education committee which
often meets twice a week, and I believe that we are more effective killing
legislation in committee that we are effective on the floor of the House. We
can decide not to like each other. That's ok." Could someone point out
the esteemed Education Committee member that "creteque" should be
spelled "critique?" Hey, we all make mistakes.

• Maybe Found - Rep. Thomas Beattie, r, Manchester hadn't shown up all
session until March 30 on which he cast nine votes. He went missing again on
March 31, the day that the budget was voted upon. On April 13 he resurfaced
again.
Perhaps someone showed him the way to the Statehouse?
Welcome aboard Rep. Beattie.

Gone Missing Again - After having been reported as missing in action by the
Union Leader, Rep. Sean Coughlin, r, Amherst finally showed up on February 23,
but missed the first 5 roll call votes of the day. He went missing again on March
2, March 16, March 17 and for the first six votes of March 30. He's missing again
- nowhere to be found on March 31 and April 13.

Still Missing - Rep. Timothy Hogan, r, Nashua was also reported by the UL as
not having attended a session day this term. He didn't cast a roll call vote, nor
was he excused, but he did surface on March 15. Alas, he was gone again on
March 30 and March 31. He was still missing on April 13.

• Surfaces Occasionally - Rep. Marie Sapienza seems to have difficulty with
consistency. She started off reasonably well in showing up on February 9, 15
(for a while) and 16, missed a session day and returned for March 2, then went
missing for the boatload of important bills including the budget and resurfaced on
April 13.

Odd Absence - Rep. Thomas Keane, r, Bow, NH generally has an admirable
attendance record. Rep. Keane sits on the House Finance Committee,
Division III. That Division has the distinction of having included the most
noxious provisions of the budget that ended up drawing 5,000 protestors to the
Statehouse lawn. Interestingly after having helped to craft that controversial bill
and after exhorting his finance colleagues to vote for the budget, Rep. Keane did
cast one vote on either March 30 or March 31 on HB 1 or HB 2.

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.

Sponsored by the New Hampshire Chapter of American for [Billionaire's] Prosperity,
the Koch-funded special interest front group and local tea party groups, a rally was held
on the Statehouse plaza to protest tax day on Friday, April 15. Everything that could
be done to entice folks to come out was done. Not one, not two, but four prospective
presidential candidates, including Rick Santorum, Tim Pawlenty, Herman Cain and
Buddy Roemer, were expected to be huge draws for the crowds. Local dignitaries such
as NH Senator Kelly Ayotte, Ovide Lamontagne, gubernatorial wannabe John Stephen
and our very own NH Speaker Bill O'Brien were added inspirations for attendance. AFP
pushed robo calls and e-mails trying to drum up attendance in the days leading up to
the event.

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.

Might it be that now that average citizens have a better grasp of both the
consequences of the no-government cabal's ideology as well as their tactics,
voters are feeling buyer's remorse?

HOUSE COMMITTEE MEETINGS

MONDAY, APRIL 18

COMMISSION ON PRIMARY CARE WORKFORCE ISSUES (RSA 126-T:1), Room 305, LOB

Organizational meeting.

SPECIAL COMMITTEE ON PUBLIC EMPLOYEE PENSIONS REFORM, Rooms 306-308, LOB

Full committee work session on SB 3-FN-A-L, making comprehensive changes to the
state retirement system, SB 75-FN, relative to clarification of part-time service in the
state retirement system.

TUESDAY, APRIL 19

COMMERCE AND CONSUMER AFFAIRS (BANKING/BUSINESS DIVISION), Room 302, LOB

SB 160-FN, relative to the definition and regulation of installment loans.
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 50, making various changes to laws regulating trusts and trust companies.
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.

CONSTITUTIONAL REVIEW AND STATUTORY RECODIFICATION, Room 206, LOB

Full committee work session. The Secretary of State will give a presentation on
recodification.

EXECUTIVE DEPARTMENTS AND ADMINISTRATION, Room 306, LOB

SB 92, establishing an economic strategic commission to review the relationship
between business and government.
SB 166, relative to medical benefits for beneficiaries of a police officer or firefighter killed
in the line of duty.

SB 170, relative to the New Hampshire Medical Malpractice Joint Underwriting
Association.
HJR 4, prohibiting the implementation of certain rules of the board of medicine.
Executive session may follow.
Executive session on SB 33-FN, relative to retired state employee contributions for
medical benefits costs, SB 40, making technical corrections to meals and rooms tax
laws, SB 68, relative to records of disciplinary actions taken by the electricians' board,
SB 76-FN, relative to the authority of the department of revenue administration to adopt
rules and to administer state tax laws, SB 81-FN, relative to powers and duties of
commissioners of executive branch agencies, and relative to the extension of the expired
term of a commissioner or agency head, SB 92, establishing an economic strategic
commission to review the relationship between business and government, SB 152-FN,
relative to participation in state employees' group insurance by members of the general
court, SB 153-FN, relative to the regulation of real estate appraisers by the New
Hampshire real estate appraiser board, SB 157-FN, relative to the division of weights and
measures and fees for licensing weighing devices and the definition of service technician,
SB 161-FN, relative to procedures for adoption of agency rules under the administrative
procedures act, SB 166, relative to medical benefits for beneficiaries of a police officer or
firefighter killed in the line of duty, SB 170, relative to the New Hampshire Medical
Malpractice Joint Underwriting Association, SB 173, proclaiming January 24, 2012 as
Granny D. Day.

HEALTH, HUMAN SERVICES AND ELDERLY AFFAIRS, Room 205, LOB

Subcommittee work session on SB 151-FN, relative to contracts of the department of
health and human services.

SB 176, relative to marriage licenses.
SB 63, relative to the list of bail bondsmen and prohibiting law enforcement and
corrections officers from indicating preferences for bail bond companies.
Executive session may follow.

MUNICIPAL AND COUNTY GOVERNMENT, Room 301, LOB

SB 104, relative to certain agricultural operations and certain bonds for excavation and
driveways.
SB 2, relative to adoption of spending caps by municipalities.
Executive session may follow.

RESOURCES, RECREATION AND DEVELOPMENT, Room 305, LOB

Subcommittee work session on SB 154-FN, reforming and renaming the comprehensive
shoreland protection act.

TRANSPORTATION, Rooms 201-203, LOB

SB 27, relative to speed limitations for boats.

Executive session may follow.
Executive session on SB 98, revising the international registration plan, SB 99, relative to
trailer brakes.

WAYS AND MEANS, Room 202, LOB

Agency revenue updates.

WEDNESDAY, APRIL 20

SPECIAL COMMITTEE ON EDUCATION FUNDING REFORM, Room 210-211, LOB

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

Banking/Business Division subcommittee work session on 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.

Insurance/Consumer subcommittee work session on 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 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.

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.

COMMISSION TO STUDY REQUIREMENTS FOR SAFE AND SECURE LANDFILLS (HB 672, Chapter
252:1, Laws of 2007), Room 304, LOB

SB 90, directing the legislative oversight committee to study the consolidation of school
administrative units.
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.
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.
SB 172, relative to performance-based school accountability criteria.
SB 67, establishing a committee to study school vouchers and school choice.
Executive session may follow.

MUNICIPAL AND COUNTY GOVERNMENT, Room 301, LOB

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.

SPECIAL COMMITTEE ON PUBLIC EMPLOYEE PENSIONS REFORM, Rooms 305-307, LOB

Full committee work session on SB 3-FN-A-L, making comprehensive changes to the
state retirement system, SB 75-FN, relative to clarification of part-time service in the
state retirement system.

WAYS AND MEANS, Room 202, LOB

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.
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

Organizational meeting.

NEW HAMPSHIRE RAIL TRANSIT AUTHORITY BOARD OF DIRECTORS (RSA 238-A:2), Room 201,
LOB

MONDAY, APRIL 25

COMMISSION ON HEALTH CARE COST CONTAINMENT (RSA 21-S:2), Room 307, LOB

HISTORICAL COMMITTEE (RSA 17-I), Room 208, LOB

OIL FUND DISBURSEMENT (RSA 146-D:4), Room 305, LOB

TUESDAY, APRIL 26

HEALTH, HUMAN SERVICES AND ELDERLY AFFAIRS, Room 205, LOB

Executive session on SB 51, relative to the establishment of a state leadership team to
address issues concerning certain adults with developmental disabilities who may
present a substantial risk to the community, SB 72-FN, establishing a comprehensive
cancer plan fund, SB 93, relative to pharmacist administration of vaccines, SB 151-FN,
relative to contracts of the department of health and human services.

PUBLIC WORKS AND HIGHWAYS, Room 201, LOB

SB 195, naming the Manchester Airport Access Road for Raymond Wieczorek.
Executive session may follow.

SCIENCE, TECHNOLOGY AND ENERGY, Rooms 302-304, LOB

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.

SPECIAL COMMITTEE ON PUBLIC EMPLOYEE PENSIONS REFORM, Rooms 306-308, LOB

Full committee work session on SB 3-FN-A-L, making comprehensive changes to the
state retirement system, SB 75-FN, relative to clarification of part-time service in the
state retirement system.
Executive session on SB 3-FN-A-L, making comprehensive changes to the state
retirement system, SB 75-FN, relative to clarification of part-time service in the state
retirement system.

WAYS AND MEANS, Room 202, LOB

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

SB 171, relative to prescription drug benefits for the treatment of pain.
SB 179, relative to qualified purchasing alliances.
Work sessions on these bills may follow the public hearing.

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.
SB 96, relative to amending the charter of The Pinkerton Academy.
SB 192, establishing a commission to identify strategies needed for delivering a 21st
century education.
SB 196, relative to the renomination or reelection of teachers and prohibiting assessing
teacher performance based solely on assessment scores.
Executive session may follow.

JOINT COMMITTEE ON EMPLOYEE CLASSIFICATION (RSA 14:14-c), Room 209, LOB

REDRESS OF GRIEVANCES, Room 104, LOB

Petition #4 - Petitioner Representative Dan Itse of Fremont, on behalf of Vincent Milano.
Petition #2 - Petitioner Dan Itse of Fremont, on behalf of Elena Katz, Arnold Goodman,
and their daughter.

Petition #3 - Petitioner Representative Dan Itse of Fremont on behalf of Michael
Brewster.

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

SB 197, regulating guaranteed price plans and prepaid contracts for heating oil,
kerosene, or liquefied petroleum gas.
SB 189, relative to the definition of mortgage loan originator.
SB 111, relative to short sales of a homeowner's residence.
SB 120, relative to alcoholic beverage advertising restrictions.
Work sessions on these bills may follow the public hearings.

SCIENCE, TECHNOLOGY AND ENERGY, Room 304, LOB

Telecom market regulatory briefing from NH PUC.
SB 22, relative to alternative regulation of small incumbent local exchange carriers.
Executive session may follow.

Senate Hearings

Monday, April 18:
ONDAY, APRIL 18, 2011
FINANCE, Room 103, SH
Sen. Morse (C), Sen. Odell (VC), Sen. Barnes, Sen. Bragdon, Sen. D'Allesandro, Sen. Forrester, Sen.
Gallus

AGENCY PRESENTATIONS ON THE BUDGET AS PASSED BY THE HOUSE

9:00 a.m.
Community Technical College System
9:30 a.m.
Public Utilities Commission with Consumer Advocate
10:00 a.m.
Post Secondary Education
10:15 a.m.
Community Development Finance Authority
11:00 a.m.
University System of New Hampshire
12:00 p.m. to 1:00 p.m. BREAK
1:00 p.m.
Liquor Commission
1:30 p.m.
Department of Education
2:15 p.m.
Department of Labor
2:30 p.m.
McAuliffe-Shepard Discovery Center

2:45 p.m.
NH State Office of Veterans Services
3:00 p.m.
Pease Development Authority
3:30 p.m.
NH Retirement System
EXECUTIVE SESSION MAY FOLLOW

Tuesday, April 19:
TUESDAY, APRIL 19, 2011
COMMERCE, Room 102, LOB
Sen. Prescott (C), Sen. White (VC), Sen. De Blois, Sen. Houde, Sen. Sanborn

HB 424, relative to surplus lines tax collection.
HB 175, relative to technical changes in life, accident, and health insurance.
HB 31, relative to insurance payments for ambulance services.
HB 405, relative to dissolving corporations.
EXECUTIVE SESSION MAY FOLLOW

EDUCATION, Rooms 305-307, LOB
Sen. Stiles (C), Sen. Forsythe (VC), Sen. Carson, Sen. Kelly, Sen. Prescott

HB 370, making changes to the pupil safety and violence prevention act.
EXECUTIVE SESSION MAY FOLLOW

PUBLIC AND MUNICIPAL AFFAIRS, Room 101, LOB
Sen. Barnes (C), Sen. Forrester (VC), Sen. Boutin, Sen. Merrill, Sen. Stiles

HB 56, relative to proper observance of September 11, 2001.
HB 181, permitting the charter of a city, town, or school district which is in statute to
revert to the control of the voters.
HB 198, relative to the investment options for county funds.
HB 251, relative to absentee ballots.
HB 274-FN, relative to voting procedures.
HB 316, relative to penalties for failure to file a property tax inventory blank or
for refusing inspection of property. (The previous hearing for H B 316 was recessed
on A pril 12th in order for the C ommittee to hear testimony on Amendment
#1326s)
EXECUTIVE SESSION MAY FOLLOW

WAYS AND MEANS, Room 100, SH
Sen. Odell (C), Sen. Luther (VC), Sen. Boutin, Sen. D'Allesandro, Sen. Morse, Sen. Rausch

Revenue Information Briefing By Michael Kane (LBAO)
HB 209, establishing a study committee to recommend a continuing revenue estimating
process to produce revenue forecasts.
HB 579, exempting department of revenue administration guidelines from the right-to-
know law.
EXECUTIVE SESSION MAY FOLLOW

Wednesday, April 20:
EDNESDAY, APRIL 20, 2011
JUDICIARY, Room 100, SH
Sen. Houde (C), Sen. Carson (VC), Sen. Groen, Sen. Luther

HB 544, relative to state authority over firearms and ammunition.
HB 330-FN, relative to carrying firearms.

EXECUTIVE SESSION MAY FOLLOW

Thursday, April 21:
HURSDAY, APRIL 21, 2011
ENERGY AND NATURAL RESOURCES, Rooms 201-203, LOB
Sen. Odell (C), Sen. Gallus (VC), Sen. Bradley, Sen. Lambert, Sen. Merrill

HB 519-FN, repealing New Hampshire's regional greenhouse gas initiative cap and trade
program for controlling carbon dioxide emissions.
EXECUTIVE SESSION MAY FOLLOW

EXECUTIVE DEPARTMENTS AND ADMINISTRATION, Room 100, SH
Sen. Carson (C), Sen. Groen (VC), Sen. Larsen, Sen. Luther, Sen. White

HB 331-FN, relative to posting agency expenditures on the state transparency
website.
HB 418-FN, relative to the use of open source software and open data formats by
state agencies and relative to the adoption of a statewide information policy regarding
open government data standards.
HB 450, relative to the regulatory authority of the board of barbering, cosmetology, and
esthetics.
(the previous hearing for H B 450 was recessed on A pril 14th)
HB 580-FN-L, relative to the New Hampshire retirement system, and relative to
continuation of provisions of a collective bargaining agreement following the end of the
term of the agreement.
EXECUTIVE SESSION MAY FOLLOW

FINANCE, Representatives' Hall, SH
Sen. Morse (C), Sen. Odell (VC), Sen. Barnes, Sen. Bragdon, Sen. D'Allesandro, Sen. Forrester, Sen.
Gallus

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.u...

HEALTH AND HUMAN SERVICES, Room 102, LOB
Sen. Bradley (C), Sen. De Blois (VC), Sen. Kelly, Sen. Lambert, Sen. Sanborn

HB 284-FN, relative to contact lens prescriptions.
HB 504-FN, licensing reverse distributors of drugs and requiring manufacturers,
wholesalers, distributors, service distributors, and brokers to report changes in
ownership.
1:30 p.m. HB 479-FN, relative to receivership of nursing homes and other residential health
care facilities.
EXECUTIVE SESSION MAY FOLLOW

JUDICIARY, Room 100, SH
Sen. Houde (C), Sen. Carson (VC), Sen. Groen, Sen. Luther

HB 431, relative to psychiatric evaluations.

HB 52, relative to grounds for modification of parental rights and responsibilities.
HB 313, requiring parental consent for court referral of a minor to a juvenile
diversion program.
HB 329-FN, requiring parental notification before abortions may be performed on
unemancipated minors.
EXECUTIVE SESSION MAY FOLLOW

Monday, April 25:monday , april 25, 2011
FINANCE, Room 103, SH
Sen. Morse (C), Sen. Odell (VC), Sen. Barnes, Sen. Bragdon, Sen. D'Allesandro, Sen. Forrester, Sen.
Gallus

AGENCY PRESENTATIONS ON THE BUDGET AS PASSED BY THE HOUSE
8:45 a.m.
Secretary of State
9:00 a.m.
Department of Safety
10:00 a.m.
Police Standards and Training
10:30 am.
Fish and Game
11:00 a.m.
Department of Agriculture
11:30 a.m.
Joint Board of Licensure and Certification
12:00 p.m. to 12:45 p.m. BREAK
12:45 p.m. Human Rights Commission
1:00 p.m.
Department of Environmental Services
1:30 p.m.
Lottery Commission
2:00 p.m.
Banking Commission
2:30 p.m.
Employment Security
2:45 p.m.
Department of Resources and Economic Development
3:15 p.m.
Department of Information Technology
EXECUTIVE SESSION MAY FOLLOW

Tuesday, April 26:
TUESDAY, APRIL 26, 2011
EDUCATION, Room 103, LOB
Sen. Stiles (C), Sen. Forsythe (VC), Sen. Carson, Sen. Kelly, Sen. Prescott

HB 401, relative to postsecondary training for workers with disabilities.
HB 216, relative to the instructional authority of school boards.
HB 429, permitting a child 16 years of age or older to withdraw from school with
parental permission.
EXECUTIVE SESSION MAY FOLLOW

Thursday, April 28, 2011
HURSDAY, APRIL 28, 2011
ENERGY AND NATURAL RESOURCES, Room 102, LOB
Sen. Odell (C), Sen. Gallus (VC), Sen. Bradley, Sen. Lambert, Sen. Merrill

HB 205-FN, relative to notice to owners of upstream dams.
HB 468-FN, relative to assessments for aquatic resource compensatory mitigation.
EXECUTIVE SESSION MAY FOLLOW

JUDICIARY, Room 101, LOB
Sen. Houde (C), Sen. Carson (VC), Sen. Groen, Sen. Luther

HB 614, requiring a performance audit of the guardian ad litem board and guardian ad
litem services.
HB 634-FN, relative to payment of guardian ad litem and mediator fees in marital

cases where the parties are indigent.
HB 490-FN, adopting the interstate compact for juveniles.
HB 597, revising the child support guidelines based on an income shares model of
calculating child support.
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

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Clarification on HB 474 - Right To Work (0.00 / 0)
If an employee works in a unionized company or agency, s/he does pay an "agency
fee."

if an employee works in a unionized company where employees and employers have agreed on the existence of an "agency fee" they would pay that fee.

Under current law, the existence of any such fees are locally negotiated - some places have them, others do not. It varies depending on the terms and conditions of the contract.

It should be interesting to see how Senate President Peter Bragdon votes on this one -- he was telling constituents that his primary objection to the 'Evergreen" law was that it interfered with local control, and he felt if employees wanted such a clause, it should be negotiated locally with their employers.

Since the presence of an "agency fee" is locally negotiated without any State involvement, it should be very interesting to see if he comes up consistent with "local control" or if he comes up consistent with "anti-public employees"...


Jackie (0.00 / 0)
is doing so much to keep people informed, we all owe her an enormous vote of thanks!  This weekly communication goes out all over the state now, and surely beyond as well.  She speaks to any group who asks about what they can do to fight back.  She's organized, very smart, cares deeply, and never sleeps, apparently.  
And we need to thank Bruce Cilley as well, he is an enormous support-system.  That's a team I can believe in.


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