News and Views

The Parker Group LLC - Government Relations Consultants,
In affiliation with Douglas, Leonard and Garvey, P.C.

THE PARKER REPORTFLUNKING GRADE…In what is being described as a major legislative defeat for Governor John Lynch, the NH House voted to reject a proposed constitutional amendment to make it easier for the state to target school aid to needier cities and towns. The House voted 253-105 against the amendment, and a motion to Indefinitely Postpone until 2009 any action on the issue passed 187-176. The amendment needed 239 votes to pass, and most political observers thought the vote would be close with at least a majority voting in favor of the amendment. The amendment would have given the Legislature the authority to define reasonable school standards, determine the level of state funding, and establish standards of accountability. School funding has been on the legislative agenda since the 1997 State Supreme Court decision, which found the state’s reliance on the various local property tax to fund education unconstitutional. In a surprise move after the House decision, the State Senate voted to suspend its rules and take up an amendment similar to the one the House voted down. The Senate Leadership is hoping that continued dialogue might produce a change of heart in the House, but the House Leadership indicated that they were never consulted prior to the Senate’s action. It would now take a two-thirds vote of the House to take up any new bill that would come over from the Senate.

TOTALLY ADEQUATE…The State Senate has now decided what should constitute an adequate education, and it will include funding of kindergarten in the definition. The State Legislature is facing a July 1, 2007 deadline set by the State Supreme Court to for define an adequate education. The House and Senate will now have to appoint a Conference Committee to work out their differences and come up with a final version. Once the Legislature agrees on a definition, the next step will be to figure out how to pay for it. No doubt, this is will be a major political issue in the 2008 session. Both the House and Senate definitions focus on core subject areas. The House version includes one-half day kindergarten while the Senate proposal seeks a full day. As expected, the debate and the Senate vote were along party lines, with Republicans warning that the Democratic proposal will force the State to spend more money on education, and the cost should be determined together with the definition.

MORE THAN LESS…By a 16-8 vote, the State Senate approved a $10.3 two-year budget. For the most part, the vote went along party lines, with only two Republicans voting with the majority. Since the Senate budget differs from the House passed version, a Committee of Conference will be appointed to resolve their spending differences. Both the Senate and House versions have close to a $10 million surplus. One of the key areas of difference in spending is over LCIP. The Senate budget plan calls for spending $6 million, which is half of what Governor Lynch proposed and the House budgeted. Republicans agued that the budget spent too much and was out of balance. The Senate budget spends about $40 million less in state dollars than the House plan does.
STAYING ON TRACK…The NH House gave its blessing to legislation that would establish a south central New Hampshire rail transit authority that will be resonsible for developing and providing commuter rail from Lowell, Massachusetts up to Nashua and on to Manchester. The rail transit authority will be charged with a variety of tasks among them seeking Federal funds and planning operating schedules for the service that would will not begin until 2010. In the late 1970’s, rail service did run from Concord to Lowell as part of a Federal pilot project. Opponents of the bill cited unknown future cost liabilities that the taxpayers would be liable for should the measure pass. Proponents pointed to the need to address the growing problem of car pollution and traffic congestion with such a plan. The House voted 193-117 to pass the measure.
SIXTEEN PLUS TWO…The House voted to approve moving the school dropout age from 16 to 18. The bill, which had the strong backing of Governor Lynch, will now be sent to him for his signature. More than a dozen states now require students to stay in school until the age of 18. Presently, students can leave school at age 16 simply by meeting with the school’s principal and getting a signed letter of approval from either a parent or guardian. The new law will require students to have a plan for completing their education before leaving traditional classroom instruction. The plan could include work-study, night school, preparing for a high school equivalency exam or participating in alternative school programs. Superintendents could still allow students to drop out. The bill would exempt home-school children. Opponents argued that the legislation would take away a parent’s right to decide when their children should be allowed to leave school and give it to the schools. The House vote was 201-156.

ENDING A HEALTHY MARRIAGE…The NH House gave its blessing to extending health insurance coverage to people who lose their health coverage when their marriages end. The bill requires insurance companies to let divorced spouses remain on the ex-spouses policies for up to three years or until the spouse remarries. Under existing state and federal laws, ex-spouses may buy extend coverage under those polices for three years after they divorce, but critics point to the prohibitive cost factors. Insurance industry representatives had opposed the bill, warning that the legislation would bring higher cost to employers. The bill needs to return to the State Senate for concurrence.

THEY SAID IT…

“I feel confident there exists a desire to keep options open.
Senate President Sylvia Larsen (D-Concord) responding to the Senate vote to suspend its rules to take up an amendment similar to the education amendment defeated by the House of Representatives. (Nashua Telegraph)

“I would tell them your future got brighter because you aren’t always gong to sit stuck in a car going somewhere.” (Nashua Telegraph)
Representative James Ryan (D-Franklin) speaking in support of legislation creating a Southern NH Rail Authority.

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For more information please contact Denis Parker at 603-860-7197 or email at TheParkerGroupLLC@comcast.net

The Parker Group LLC - Government Relations Consultants,
In affiliation with Douglas, Leonard and Garvey, P.C.

THE PARKER REPORT

CORRECTION GETS CORRECTION…Senate budget writers moved too quickly with the Department of Corrections budget when they decided to reduce the agency’s spending by $7 million over the next biennium. It appears that plan to reduce DOC spending by requiring the agency to keep 108 positions vacant would have resulted in layoffs. The move would have restricted the department’s ability to use the vacant position funds to pay overtime in order to operate the prison system. Budget writers normally abolish or leave unfunded vacant positions as a way of balancing the budget. Prison officials said that vacant positions were needed to pay for necessary overtime and to hire employees to meet a court order to create a residential treatment unit at the prison for inmates with mental health issues. In the end, the committee chose to require the department to leave vacant 21 positions, cut money from a contract for psychiatric services, and cut medical and dental spending. The total cut comes to $2 Million verses the $7 Million originally sought by the committee.

SMOKING LAMP IS OUT…The Granite State will be joining other New England states in banning smoking in bars and restaurants. Last week, the House approved a smoking ban bill that now goes to Governor Lynch for his signature. The bill takes effect 90 days after passage. Opponents argued in favor of more education on the dangers of smoking and secondhand smoke. They said that restaurant and bar owners should decide, not the state, whether to ban smoking in their restaurants. An effort to allow for special smoking rooms in eating and drinking establishments failed. Supporters hailed the passage of the bill to have New Hampshire join dozen of states and hundreds of cities in banning smoking.

FOOT LOOSE AND FANCY FREE…The State Senate kept New Hampshire as the only state in the union that does not require adult drivers and passengers to buckle up in their vehicles. On a 16-8 vote, the State Senate voted down the measure that had passed the House by a narrow 153-140 vote. The bill, supported by various law enforcement and medical organizations, would have allowed a police officer to stop and ticket any driver for either not wearing a seatbelt or carrying unbelted passengers. Supporters described the bill as life saving, while opponents said the bill was another example of government restriction on individual freedom. Current New Hampshire law does require everyone up to 18 years of age to wear seatbelts. After killing the bill, the Senate did pass legislation to set up a 25-member commission composed of legislators, state officials, and other representatives from interested groups to study various ways to increase the use of seatbelts in New Hampshire. Governor Lynch who had not weighed in on the debate said that he supported the study commission.

SETTLING ON SENATE NUMBERS…Senate budget writers are done. They have finished the laborious task of trying to come up with a two-year, $10 billion spending plan for the state. Considering the number of programs and their supporters with their hands out seeking money this was no easy task. As expected, there are differences in spending priorities between the Senate and House versions. Some areas of spending differences can be found in funding the popular Land and Community Heritage Investment Program (LCHIP) and the shifting of the state’s share of nursing home cost to county taxpayers in exchange for the state assuming a variety of other costs, which counties now pay. The propose Senate Finance plan would leave the State with a $10 million surplus at the end of the next biennium. The Senate is expected to take up the budget and it’s traditional trailer bill this week followed by a Committee of Conference with the House to work out a final compromise agreement settlement before sending the proposed budget to the governor for his signature.

AMENDING THE AMENDMENT…Nothing ever comes easy in the debate over schooling funding. Cleary, this Legislative session proved no exception to the rule. After numerous hours of public testimony and debate, the House Finance Committee voted for a constitutional change to make it easier for the state to target most state school aid to needier communities. The full House now must approve the amendment by a three-fifths margin, and then the Senate must agree to changes made by the House by the same margin before it can be placed on the 2008 ballot for voters to approve or reject. The amendment says the Legislature shall have the authority to reasonably define education standards, determine the level of state funding, and establish standards of accountability. Every school district would receive a “reasonable” share of state aid, but the amendment specifies no minimum. Supporters said that did not want to limit the state’s aid distribution to a per pupil basis since some towns, especially smaller ones, might not fare as well under such an aid system. Opponents sought a more shared responsibility with communities and some state aid being distributed on a per pupil basis. One thing is certain a bi-partisan vote will be needed to win passage of the measure.

THEY SAID IT…

“I know 10 people are going to die this year because we don’t have the courage to do this. I don’t know who they are. They could be one of you.”
Senator Peter Burling D-Cornish sponsor of legislation mandating seat belt safety. (The Union Leader)

“If you want to risk your life by not wearing one, it is not the government’s responsibility to force you to.”
Senator Robert Clegg R-Hudson speaking in opposition to mandatory seat belt legislation. (Union Leader)

“The word reasonably is in there to provide encouragement to those people who believe the court might have been too demanding on the Legislature.” (AP)
Representative Marjorie Smith D-Durham explaining her education funding amendment to CACR 18. (AP)

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For more information please contact Denis Parker at 603-860-7197 or email at TheParkerGroupLLC@comcast.net