Legislative Update
The Chamber's legislative priorities affecting your business
Here is an update the legislative activities of the Government Affairs Committee and the Chamber’s lobbying firm, Sulloway & Hollis, on behalf of the greater Concord business community. If you have any questions, please do not hesitate to contact Tim Sink at (603) 224-2508.
[January 25, 2012]
The 2012 session of the General Court has begun in earnest. This Legislative Alert highlights several issues which the New Hampshire legislature has started to consider and that the Greater Concord Chamber of Commerce has identified as being of interest to its members. First, we focus on two bills which would re-order New Hampshire’s financial support for the arts—moves that might hinder the “creative economy” initiative which is popular in greater Concord. Second, we take a look at the legislature’s continued push to promote gun rights. Finally, the House has passed a redistricting plan for State House of Representatives districts. Readers who live in Concord’s Ward 5 may find it interesting that they may soon find themselves in a district with the town of Hopkinton when it comes time to vote for state representatives this November. Readers in Hopkinton may be equally intrigued by the new scheme.
I. Arts Funding: Government Excess or Necessary Support for the Creative Economy?
The Chamber has identified the “Creative Economy” as one of its goals, most prominently through administering the Concord Creative Economy Plan which was an initiative of the City of Concord’s Economic Development Advisory Council. This news item should be of interest to participants in that process and others who depend upon arts dollars as part of their livelihood.
The New Hampshire House has taken up a pair of bills that would shutter the Department of Cultural Resources and end the State Art Fund (the “Percent for Art” program).
Representative Steve Vaillancourt, a Manchester Democrat-turned-Independent-turned-Republican, has revived his 2010 effort to eliminate the State’s Department of Cultural Resources with the introduction of House Bill 1274. Led by Concord-resident Van McLeod, the Department includes the State Council on the Arts, the Film and Television Office, the Division of Historical Resources, the State Library, and the Commission on Native American Affairs. The Bill proposes to shuffle the State Library and the Division of Historical Resources over to the Department of State. The Film and Television Office (which promotes New Hampshire as a filming location by attracting and assisting motion picture, television, commercial, photography and multimedia projects, among other things) would be absorbed by the Department of Resources and Economic Development.
Elimination of the Department is projected in the bill’s fiscal note to save $681,652 dollars. Defenders of the Department are quick to point out that cutting state funding also effectively cuts federal funds – upwards of $1,000,000 in 2013 is expected, according to talking points circulated by New Hampshire Citizens for the Arts. In order to qualify for federal arts funds, a state must have an entity through which the funds are administered. Without the Department, federal funds would likely be rerouted to other states.
Representative Dan McGuire, a Republican freshman from Epsom has introduced House Bill 1285—a bill that would eliminate the State Art Fund. This bill effectively would abolish the Percent for Art program. The Percent for Art program provides that 0.05% of any state building project’s price tag be allocated for a work of art commissioned for the building in question. For example, if the State constructs a new state office building for 8 million dollars, one-half of one percent, or $40,000, is added to the building’s bond issue for the purchase of an art piece for the site. This amount can vary significantly from year-to-year. In 2008, only $8,580 went to the purchase of art at public buildings. In 2011, the amount was almost ten times that, $81,513. This bill is in line with Representative McGuire’s staunch libertarian ideals – he is a member of the Free State Project and moved to New Hampshire in 2005. Both he and his wife now serve in Concord as State Representatives for Allenstown, Epsom, and Pittsfield.
A public hearing was held on these two bills on Friday, January 20th. The Executive Department and Administration Committee – coincidentally chaired by Representative Dan McGuire’s wife, Carol – will meet to consider the bills in Executive Session on Wednesday January 25th. It is expected that the Committee will vote on a recommendation for both bills at this Session. The Chamber opposed both bills. We will keep you posted.
II. Starting the Session Off with a Bang: Guns Return to the Spotlight
Readers may remember that the very first act of the new House in January of 2011 was to pass a set of rules that, among other things, eliminated a ban on carrying a gun in the State House. Democrats attempted to water down the rule change with a ban on guns carried by visitors to the House gallery. This amendment failed 274-96. Now, a year later, in the first 2 days of the 2012 session, the House passed three bills which further reorder the status of guns in New Hampshire.
The most talked-about of the three bills is HB 334 – this bill would prohibit college, state, and local officials from banning guns on state and community college campuses and other property (including concert and sports arenas, the New Hampshire State Hospital, and state parks such as Hampton Beach). Proponents believe this bill is necessary to protect gun freedoms. Opponents note that the presence of guns in the university or sports arena setting could be dangerous when mixed with instances of alcohol consumption and high emotions. The bill advanced to the Senate on a 180-144 vote over a promised veto by Governor Lynch. State newspapers, including the Union Leader (which characterized the bill as “poorly conceived” in an editorial) generally panned the bill.
HB 536 would eliminate the need for a gun permit to carry a concealed weapon where the gun possession is legal. Vermont has a similar law. The House also passed HB 194 by a margin of 201-110. This bill effectively lifts the ban on carrying loaded rifles and shotguns in vehicles.
III. Ward 5, Welcome to Hopkinton?
Voters in Concord’s West End may wake up one morning and see the Cracker Barrel outside their windows. In an unusual move, the House of Representatives has carved out Concord’s Ward 5 and combined it with the town of Hopkinton in a redistricting plan passed last week after four hours of debate. The House passed the plan on a 205-86 vote. All of Concord’s representatives except Republican Lynne Blankenbeker who lives in Ward 8 voted against the plan. Redistricting – or the process of the legislature redrawing lines for elected officials – happens every ten years after the census.
One of the House’s number crunchers in the redistricting dance, Representative Vaillancourt of Manchester, went public with his discontent with aspects of the final plan and sought to pass an amendment to allow Concord to keep its delegation intact and not to carve Franklin up, among other changes to the redistricting plan’s treatment of Merrimack County. His amendment failed overwhelmingly. Representative Vaillancourt was characteristically blunt in his comments and stated to the Concord Monitor that, “this is either a product of laziness or an attempt to screw Concord . . . this is really disgusting.”
State House insiders note that is it perhaps no coincidence that Concord’s Ward 5 is home to the two-term former Majority Leader Mary Jane Wallner, a Democrat from Concord. With the district so heavily weighted towards Hopkinton and four incumbent Democratic representatives already representing Hopkinton, some see an effort to prevent Representative Wallner from returning to the State House from the neighborhood she has represented for more than 30 years. Observers also note that it is no coincidence that Ward 5 – sometimes referred to as “The Hill” – is home to an unusual proportion of city leaders over the decades.
The Capital region’s main State Senate district – district 15 which presently consists of Concord, Pembroke, and Hopkinton – is also being reconfigured as part of the redistricting process. The district loses Pembroke but picks up Henniker and Warner. The plan as written now tips the district towards favoring Democrats. State Senator Andy Sanborn of Henniker, a Republican and local business owner in Concord, has noted in interviews recently that he own properties in a several towns – the implication being that he may not be interested in a race with Sylvia Larsen of Concord, the current Democratic Leader in the Senate who has held the seat for 18 years. Time will tell.
The redistricting plan is now on to the Senate for consideration. Among other changes, this plan includes a far greater number of individual House districts – approximately 200, or twice the current number. Those with long memories will recall that the last time redistricting was on the agenda, the plan landed at the Supreme Court and the Justices themselves ended up writing the new lines to ensure their constitutionality. Depending on how the House plan fares in the Senate, we could be facing a litigation redux this time around as well. Stay tuned.
IV. Northern Pass and Eminent Domain
Today, the State Senate will hear two amendments on House Bill 648 relative to eminent domain. The Bradley amendment, previously passed by the Judiciary committee, strengthens eminent domain law while stopping short of language aimed at killing the Northern Pass project. The Bragdon-Forrester amendment includes language that could create significant hurdles for both the Northern Pass project as well as future utility based infrastructure projects in New Hampshire. Meanwhile, the public debate over eminent domain, property rights and future energy needs of the state and region continues.
This legislative alert is prepared by Martin Honigberg and Jay Surdukowski of Sulloway & Hollis, PLLC at (603) 224-2341.The edition of “From the Dome includes edits and additions from Chamber of Commerce staff.
[January 3, 2012]
Legislative Alert – Happy New Year Edition!
Throughout the upcoming legislative session, you will receive Legislative Alerts which we prepare to keep Chamber members like you posted on legislation that affects your business, your employees, and your quality of life. While we will cover a number of high-profile topics of interest to you and your business, with many hundreds of bills in a given session, it will be impossible for us to cover every piece of legislation that is moving through the halls of the State House. This edition of the Legislative Alert is focused on giving you the tools you need to track legislation as well as how to contact your senators and representatives directly on issues of concern to you. It also gives you ideas for ways you can make your voice heard on issues that matter to you.
I. How to Track Legislation in New Hampshire
Anyone with a computer and an internet connection can track the doings at the State House with a few clicks of a mouse and some simple keywords.
1. How to Find Bills? Meet the State Legislation Dash Board – Your Guide to State House
The New Hampshire Legislature has made it easy for citizens to locate information on current and past legislation, all in one place. If you log on to the General Court’s website (the official name for the NH Legislature) at http://www.gencourt.state.nh.us/ you’ll see the dash board on the top right of the page.
Look for the Dash Board in pink on the top right of the Legislature’s home page.
There are several ways to take a look at bills you are interested in scoping out. One way is to type in the bill number. Sometimes a high profile bill will become so famous that you read about it in the news and see protestors carrying signs down the street in support or opposition to a certain bill referred to merely by its number. Senate Bill 500 from a few years ago is a good example. You may recall that Senate Bill 500, or SB 500 for short, had to do with early release of certain kinds of prisoners in order to save the State correctional costs. You would type SB500 (no space) to get information about the bill.
But what if you don’t know the bill number? You can still find what you want. If you click on “Bill Text Search” you can type in a few key words and find a bill that way. For example, if you know there is a bill about the Business Profits Tax, you could type in: business profits tax. 18 bills will pop up and you can scan the brief descriptions to see whether the right bill is on the list.
You may also use the “Advanced Bill Search” feature and locate a bill based upon a bill title, its committee, and its sponsor, among other search criteria. If you know, for example, that Senator Jeb Bradley has proposed retirement system reforms, you could type in Senator Bradley’s name and get all the bills he has sponsored in a given session. If you do this search, over 80 bills show up. To quickly narrow it down to bills about the retirement system, hit the control and F keys on your keyboard and type in the word “retirement system” in the search box -- any bills Senator Bradley has sponsored to reform the retirement system will be highlighted.
2. You’ve Found the Bill, Now What?
Once you have located the bill you want, you may read its current text by clicking on “Bill Text.” You may also trace the bill’s course through the Legislature by clicking on “Bill Docket” on the left hand of the screen. The Bill Docket records every step of a bill’s path from introduction to signature by the Governor:
Bill Docket for HB 55 from the 2011 session.
The blue text on the docket “hyperlinks” to references to the bill in the official record of each chamber, the House and Senate Journals. If you click on the hyperlinks you will be brought to the appropriate pages that tell what happened to the bill at a particular step of the process. The bill docket can also let you know when a public hearing, work session, or vote is scheduled for a given bill.
II. Making Your Voice Heard
So you’ve been reading these Legislative Alerts and have been tracking bills from the comfort of your own home and office. What if a bill has you worked-up—you either think it is the best idea in the history of New Hampshire, the worst, or something that would be great if it were worded just a little bit differently, what do you with your newfound knowledge? In New Hampshire we are very lucky in that we have many opportunities for private citizens and businesses to be heard on issues. Here are some of the many ways to participate:
1. Call your legislators. Everyone in New Hampshire has at least one state senator and state representative to call their own. The City of Concord has Senator Sylvia Larsen and thirteen state representatives representing roughly a third of the city each. Senator Larsen also represents Hopkinton and Pembroke. Other senators and representatives work for the towns in the Greater Concord areas. We elect these folks and it is their job to listen. Give them a call or drop them a letter. Always remember though that calls and letters are much more significant than emails, which are easy to ignore with the push of a button. You can find your legislators’ contact information on the Legislature’s website.
2. Testify! Show-up and give the legislators a piece of your mind. Public hearings are open to everyone and anyone is free to speak for or against a bill. You can also give representatives and senators written comments or even just sign a card that indicates your support or opposition to a bill.
3. Lobbyist Up. To paraphrase the old Warren Zevon song, send lobbyists, guns, and money… Lobbyists are people who advocate for the views of individuals and organizations in Concord. Many lobbyists are either former legislators or government officials who have good personal and professional relationships with legislators and their staffs. They can be invaluable in helping you weigh-in on legislation or getting bills introduced as amended. They can be especially useful if legislative action is going to have a direct impact on your bottom line. When you get sick, you call a doctor. When you have a serious legal issue, you call a lawyer. When you have an important legislative matter, you call a lobbyist.
4. Join a Group. Many organizations like the Chamber and the Business and Industry Association (BIA) will have advocacy as a part of their mission. The BIA, for example, has a talented lobbyist who ensures that the interests of New Hampshire businesses are protected at the State House. Becoming active in a group that does advocacy is a way for many organizations to share the costs of lobbying. Groups like the Chamber will often have a committee dedicated to monitoring activities at the State House. The Chamber has an active Government Affairs Committee which looks out for the Members with monthly meetings and coordination of these Legislative Alerts, among other measures.
[December 2011]
I. Civics 101: A Refresher on How a Bill Becomes a Law in New Hampshire
Over the next seven months or so you will receive Legislative Alerts which we prepare at the request of the Chamber’s Government Affairs Committee to keep Chamber members like you posted on legislation that affects your business, your employees, and your quality of life.
Since bills are being drafted this fall as we write this, we will take advantage of this lull before the session begins in earnest to give you a refresher on how a bill becomes a law in New Hampshire. It is a long and sometimes tortured process—but this overview will give you a good sense of the tricky path that an idea takes to become a reality.
1. LSRs- Legislative Haiku
The very first stop on the road to a bill is a LSR (Legislative Service Request). A LSR is a one-line description of an idea for a bill. Sometimes that single line can pack quite a punch, such as “Comprehensive changes to the state retirement system” or “Relative to State employee benefits.” Other times, the title may be completely inscrutable, like “Relative to absentee voting.” LSRs start to roll-out in the summer before a legislative session and legislators, lobbyists, and the press pore over them almost as an annual ritual in an effort to get a handle on what is on the legislative horizon.
2. Bill Writing Time
After the LSR stage, lawmakers draft bills – the formal write-up of an idea which a legislator wants to turn into a law. The official bills come from the Office of Legislative Services, a nonpartisan group of employees of the Legislature. The language in the bills may be Legislative Services’ attempt to put into words what an individual legislator has requested, or it may contain language from other sources like lawyers, lobbyists, or other concerned citizens with expertise. For instance, a lawyer might help write a bill about title standards or changes to certain legal standards contained in a given law. Not every LSR will become a bill, and some LSRs will end up combining if more than one person has the same idea for a bill. For example, this session there are multiple LSRs about topics as diverse as medical marijuana and business taxes.
3. Bills Introduced and Referred to Committee
Once a bill is finished being written, the House or Senate officially introduces the bill and assigns it to one of its standing committees. The committees are subsets of the full chamber, small groups of lawmakers from both parties who will study the bill, hold one or more public hearings, consider amendments, and ultimately recommend what action the full chamber should take. The Senate has 12 Committees and the House has 28. Two examples: In the House, bills on insurance are referred to the Commerce Committee. Bills on election law are referred to the Election Law Committee.
4. Public Hearing – The Bill’s Day in the Sun
Every bill has a public hearing. This is the point in the process where anyone at all may testify and/or provide written comments for the committee’s consideration. Any member of the public is welcome – ordinary citizens, legislators, and lobbyists all appear and make their wishes known. Even the Governor will testify once in a while. If an issue is big enough, sometimes hearings will be held over multiple days (budget hearings are one example of hearings that can go on for several days in order to accommodate the large number of people who wish to speak). Every bill gets its day in the sun. This is a democratic value that is firmly-rooted in New Hampshire tradition.
5. Deliberations – What to Do With the Bill?
After hearing from the public, a committee will discuss the bill. Sometimes this
happens immediately after a public hearing; other times there will be a subcommittee formed or a special working session of a full committee to discuss a bill or bills. All such meetings are open to the public, but after the public hearing, legislators have the prerogative to legislate and the public may speak only if invited to do so. With hundreds of bills in a given session, it is not uncommon that legislators might ask for additional information from a bill’s supporters or opponents during committee deliberations. Lobbyists and attorneys from the Department of Justice or other state agencies are frequently asked to weigh-in on technical or substantive points. The committee will also consider amendments during its deliberations.
6. Committee Recommendation – Ticket to Passage, or Not…
Next a committee will make its recommendation to the full body on what should be done with a bill. Most often, the committee will recommend that the bill:
1) Ought to pass: This means that the bill should pass, as-is.
2) Ought to pass with amendment: The bill should be passed by the full chamber as amended by the committee.
3) Inexpedient to legislate: This is a fancy way of saying the bill should be killed because the subject is not appropriate for legislative action. This is known as “ITL” in the lingo of the State House.
The full chamber is informed of the committee’s recommendation by a report in the House or Senate Journal, a weekly publication issued when the Legislature is in session. The recommendation in the House Journal will contain the vote tally in committee as well as minority and majority reports if the two sides on a given bill feel strongly about the action they took. In the Senate, the Journal shows only the vote and recommendation. A senator from the Committee reports orally to the full Senate on the Committee’s views.
If a Committee does not want to make any of those recommendations, it can take a fourth course.
4) Retain, Re-refer, Interim Study. In an odd-numbered year, bills in the House can be “retained” by the committee, to be worked on over the summer and in the fall, and dealt with by the full House early in the next (even-numbered) year. The Senate has a similar process that calls for having the bill “referred” to the committee. In even-numbered years, the committee can recommend that a bill be sent to “interim study” by the committee which can take place over the summer and fall and produce a recommendation in the late fall of whether the next legislature – the one elected in November of that year – should make the matter the subject of legislation in the next session.
This year, there were an exceptionally large number of bills retained in the House. It will take the full House at least three or four session days to process all of the retained bills from 2011.
7. Floor Votes
Next the bill is voted on by the full chamber. The full chamber may immediately agree with the Committee, there may be an extended discussion or debate, or their may be a “floor flight” – in which members of the chamber disagree with the committee’s recommendation and would like a different result. Legislators may also attempt a variety of tactics to get their way. One tactic is to seek to “table” the bill, meaning setting it aside for action at a later date. Another tactic is to seek reconsideration of a bill that has already passed. Only someone who was on the winning side of a vote can move for reconsideration. As with committee votes, floor votes are noted in the official record of the chamber. If someone calls for a “roll call” – the record will reflect a precise vote total and how each member voted. Otherwise a bill usually passes on a voice vote. After the floor vote the bill may be sent to another committee if its subject matter warrants it, or, it may be sent to the other chamber on “cross over day,” which is the next stop on the bill’s road to becoming a law.
One thing to remember about the New Hampshire Legislature is that every bill that is introduced into either chamber will get a vote on the floor of that chamber. This is different from what can happen in some other states and in the federal system, where bills can be stopped in committee or held up using procedural maneuvers.
8. The Cross-Over Shuffle
Bills that are passed in one chamber then move on to the other. The Senate takes up House bills and vice-versa. The entire process for consideration of a bill then repeats itself. If the second chamber passes a bill without changes, it goes on to the governor. If the second chamber decides it should not pass, the bill is dead.
9. Committee of Conference
Should one chamber or the other make changes to a bill, effectively passing different versions of the bill, three things can happen. The first chamber may agree with the second and adopt the changes. The first chamber, instead, may disagree. It can then either kill the bill or ask for the formation of a committee of conference. Committees of conference are appointed by the Senate President and House Speaker, three from the Senate and four from the House. This group of seven will try to iron out differences between the competing versions and propose a final bill for passage. If both houses pass the conference bill, it is sent to the Governor. If the committee of conference can’t reach an agreement, or if one chamber or the other rejects the conference report, the bill dies.
10. The Governor Does His Duty
Bills that pass both chambers go to the Governor’s desk for his or her consideration. He or she has five days to do one of the following:
1) Sign the bill: The bill then becomes law.
2) Allow the bill to become law without signature: The Governor can let the bill become law without endorsing it. A Governor may do this to show that while he or she respects the will of the Legislature, he or she personally has some issue with the bill which not signing the bill will signal.
3) Veto the bill: With a stroke of the pen, the Governor can prevent a bill from becoming law. The Governor’s veto may be overturned, but only by 2/3s vote of each chamber. In normal times, vetoes are rare and veto overrides are even rarer. The drama over Right-to-Work this session is one example of the dramatic “showdown” a veto fight represents.
11. A Shiny New Law
Assuming a bill becomes law, the final stop on the road is for the law to be
printed.
Our next Legislative Alert will focus on ways you can track legislation in the comfort of your office or home should you wish to do so. Nowadays, so much of what the Legislature does is transparent thanks to online technology. We will give you the tools to monitor the issues that are important to you.
II. We want to hear from you
We received quite a lot of feedback from Chamber members last year on these Legislative Alerts. We want to make sure the Legislative Alerts are bringing you the news you need to know for your business. Any comments or ideas are always welcome. We meet with Chamber President Tim Sink and the Chamber’s Government Affairs Committee each month and are given feedback from you.
