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January 11, 2010

My Opinion: January 14, 2010

By NH State Rep. L. Mike Kappler

RAYMOND – As we start the 2010 Legislative Session let me remind you of the various happenings of a House bill. After the bill goes through the steps of its committee, it goes to the House floor for a vote. The full House can vote: OTP - ought to pass, as written by sponsor; OTP-A - OTP with an amendment changing the original text; ITL - inexpedient to legislate, killed; RFIS - refer for interim study, referred for more work by the committee, usually dies; LOT - laid on the table, set aside, but can be voted back off table in the same session year. If bill is not pulled off the table by the end of session, it dies. A bill can also be voted to be “retained” by the committee that sent it to the floor, to be worked on during the summer and fall then brought back to the floor the next year. We have three types of vote: voice vote, the louder you yell, the more it counts; division vote, when the votes are counted for a total, but not logged individually; and roll call vote when each vote is recorded individually, and totaled.

On the calendar for the January 6 session we had 123 bills that were retained from last year. The following bills were among some of the interesting ones.

HB-607-FN is relative to residential pharmaceutical waste. This is a repeat piece of legislation attempting to set up a State run collection and disposal of unused and outdated pharmaceuticals. I would like to see some type of collection program set up for this purpose. There is more and more evidence of pharmaceuticals causing problems in our water supplies, lakes, brooks, and rivers. They are even finding fish that have become sterile because of it. Bill was voted RFIS.

HB-283-FN establishes a solid waste management fund and assessing a beverage container fee. This is another attempt to put a beverage container fee into law that would impose an additional tax on the consumer, and loss of income for retailers, especially in the border towns. Bill was voted ITL.

HB-309 enables towns and cities to establish a local revenue option as an alternative to property taxation for the funding of local government costs. This bill would have allowed local communities to replace their property tax with a local alternative such as a sales, income, or value added tax. Bill was voted ITL.

HB-490-FN-A-L is relative to the maintenance of state-owned dams. The original bill was one of mine, but Ways & Means Committee amended it so bad in sub-committee that the full committee sent it to the floor as ITL, and I agree with the full committee. It is important to note though, that the dam maintenance fund, which maintains the 283 state owned dams, will be exhausted of all funds by April 2011. Thus an alternative method must be established prior to the end of the fiscal year. Bill was ITL’d.

HB-299, prohibits banks from requiring blood samples, fingerprints, and DNA samples in order to complete a banking transaction, came out of committee at OTP-A. Requiring people to be fingerprinted in order to cash a check is too intrusive. The bill passed on a division vote 255-93.

HB-431-FN requires certain engine coolants and antifreeze to include an aversive (bittering) agent so that they are rendered unpalatable. This will prevent domestic and wild animals, and children from being injured or killed from tasting the sweet lure of antifreeze. Bill passed OTP-A on a division vote 242-104.

HB-561-FN is relative to insurance coverage for persons having deafness and hearing loss. Many Legislators believed that this bill is yet another health insurance mandate to make private insurances more expensive. Most states that mandate coverage for hearing aids limit that coverage to: children; or exempt small businesses; or only require that insurers offer the benefit but leave the benefit decision to the employers. Bill only applies to small businesses. Why? Although this bill is another health insurance mandate, (already have 82), Making private insurance more expensive, the Democrats pushed it through on an OTP on roll call vote 209-157.

Now here’s a good one. SB-193, relative to the interest rate on small loans and relative to the definition of lender for purposes of regulating such loans, came out of Commerce & Consumer Affairs Committee recommending ITL. Republican Rep. John Hunt, R., Ringe, spoke for the Majority to ITL, and Democrat Rep. Susi Nord, Candia, spoke on OTP. This bill seeks to further limit credit availability and “payday” short-term loans. The vote of ITL was killed on a roll call vote 174-177. A motion of OTP was made. Prior to a vote, a higher precedence motion of “re-commit” to committee was made. With a roll call vote of 177-176, the Speaker of the House, Teri Norelli, D., Portsmouth, took her option, trying to pass the bill, and voted no, tying the vote, which nullified the vote. Then a motion to “table” was made, and failed on a roll call 174-179. This puts the bill back to next step OTP, but another higher precedence motion was made by St. Rep. Dan Itse, R., Fremont to “postpone the bill, and put it on first order of business on the next session. Then Vice Chair of Commerce & Consumer Affairs, Rep. Ed Butler, D., Harts Location, makes a motion to amend the postponement to the second session, as he will be out of town for next session. Amendment passes. Prior to a vote, a person can speak for or against the vote, so Butler now gets up and asks that you vote no. (???) Nice try Ed. Rep. Joel Winters, D., Nashua, questions Butler about an amendment they had in committee, and why not try to work on it and bring something good back. Butler replied the committee had its chance. On a roll call vote 180-172, bill is postponed, and remains in the possession of the House (it goes to no committee) until second future session. Will someone bring some kind of an amendment forward at that time?

This is just some of the “retained” bills we had. It was not a good start for 2010 Session, just the same old fee, tax, and spend. When will we really start to cut spending, repeal some of the past mistakes, work for the good of the people of New Hampshire, or will this year be another continuation with all the personal interests items and spend, tax and fee? I say let’s tighten up our belts, repeal, cut spending, and work for the people of our great state. Let’s get the New Hampshire State Budget balanced.

On another issue, the House voted to suspend the rules, but when State Rep. William O’Brien, R, from Mont Vernon, tried to have a “late introduction” bill brought in, about the recent killings of his neighbors, it was voted down. His bill would not have had any effect on the Mont Vernon Cate murders, but would have affected any future similar events. Rep. O’Briens bill was on home invasion murder that could be used later, if passed. Rep. O’Brien went the correct route, asked the House Rules Committee, under House Rule 35 (c), “based on urgent or compelling need or events unforeseen prior to the filing deadline”, to allow him to bring his bill in late and was turned down. The Democrats claimed the murder was not unforeseen, thus it doesn’t warrant a late filing by House Rules. They further commented that we should expect it since we are aware of the Zanbtofs murders seven years ago. If for no other reason, couldn’t we have had a little compassion and let the bill be introduced, and then go through the normal bill process for passage? Whether or not you believe in the death penalty, at least let the bill be introduced and have its due process. Democrat leaders pushed a partisan vote, to not allow the late introduction on a roll call vote of 161-201. Wonder how the Cate family felt? I think it was wrong, and voted to allow the introduced bill.

(Editor’s Note: NH State Representative Mike Kappler can be reached at l.mikekappler@comcast.net)

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My Opinion: January 14, 2010
by By NH State Rep. L. Mike Kappler , , Mon Jan 11, 2010, 02:21 PM EST
My Opinion

Obituaries
  • Myron W. Cate

    RAYMOND — Myron W. Cate, 79, of Hay Springs, Nebraska died peacefully at home on August 20, 2010. Myron was born on February 23, 1931 in Manchester. He was a resident of Raymond, until he joined the United States Navy at the age of 17. He proudly served his country in both the Navy and then the Air Force during the Korean War. Myron's patriotism and strong love of American Freedom was seen as he was known to even carry a copy of the Bill of Rights and the US Constitution in his pocket.

    Continued ...
    13 hours
  • William H. Goodwin

    William "Bill" H. Goodwin Sr. died Tues., August 10, 2010

    Continued ...
    14 days
  • Irving L. Swett

    Irving L. Swett, 95, died August 9, 2010.

    Continued ...
    14 days
  • Dwight "Pop" Tuttle

    Dwight "Pop" Tuttle, 77, passed away very peacefully on Wed., July 28, 2010.

    Continued ...
    21 days
  • Pamela D. Mastroianni

    Pamela D. Mastroianni, 63, of Kingston, passed unexpectedly at Exeter Hospital on August 1, 2010.

    Continued ...
    21 days

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