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Sparring between House and Senate Point to Different Styles and Substance 

Bradford E. Cook, Sheehan Phinney Bass + Green, P.A.

 

This week, differences between the New Hampshire House of Representatives and New Hampshire Senate boiled to the surface over a number of issues.  Perhaps it is the late session tension, or having to work school vacation week, or whatever, but differences appeared to be both matters of substance and style.

 

The Senate killed HB 1645, which was a bill to require a secret ballot for the decertification of labor unions.  In response, the House added the language to a seemingly unrelated bill, SB 378, which concerns snowplowing of roadways.  This is a so-called "non-germane amendment" which theoretically is not allowed, but is a method for getting the labor matter before the Senate again when the amended bill is returned to it for consideration.  As with other amended bills, this may result in the entire bill-original content and amendment-being defeated.

 

In another example of House action in response to Senate defeat of measures passed by it, the House added anti-abortion language to a bill being supported by the business community, SB 295, relative to research and development tax credit against the Business Profits Tax, which means the Senate will have to consider whether to pass the abortion waiting period provision in order to get the tax credit, forget about the credit, or strip out the amendment and have a committee of conference to iron out the differences.

 

Refugee resettlement moratorium legislation, pushed by Manchester Mayor Ted Gatsas and passed by the House but shelved by the Senate, was put back in play when the House added it to SB 155, which is a bill relative to expense deductions under the Business Profits Tax.  Again, when returned to the Senate, this will cause it a quandary about which provision is most important, and what procedure to use to sort the matters out.  There were other examples of non-germane amendments, as well.

 

Previously, the Senate had refused to consider a number of House-passed bills, on the basis that they violated the rule that a measure identical to one defeated in the first year of the biennium, could not be passed again.  Perhaps in response, the House this week tabled consideration of a number of Senate bills, perhaps to gain leverage to force favorable Senate action, a strategy that may or may not work.

 

All of this has observers scratching their heads and wondering how the two legislative bodies can work this out, and commenting on the different styles evident in the 24-member Senate and the 400-member House, under President Peter Bragdon and Speaker William O'Brien, respectively.  Obviously, it is not a matter of party, as both men and the majorities of both bodies, are Republican.

 

While all this was going on, Senator John Gallus, Berlin Republican, became the fifth GOP member of the State Senate and sixth senator, to announce he was not running for re-election.  He joins Ray White of Bedford, Tom DeBlois of Manchester, Jim Forsythe of Strafford and Gary Lambert of Nashua, as well as Democrat Matthew Houde of Plainfield, in calling it quits.  One fourth of the Senate now has been guaranteed to change identity in the next legislature, without counting what the voters may do.

 

Maybe all these retirements have something to do with the differences in style noted above.

R&D and...abortion? Wait, what?

Will Stewart, Greater Manchester Chamber of Commerce 

     

While House leaders say it ain't so, it certainly appears that the GOP-controlled House is out to spite the GOP-controlled Senate, as the latter has killed or significantly altered a number of House-passed bills in recent days and weeks.

 

Case in spite point is Senate Bill 295, which extends and increases the state's investment in research and development via the state R&D tax credit program.

 

On Wednesday, the House decided to muck up this pro-business bill by adding to it an amendment requiring a 24-hour waiting period before an abortion may be performed.

 

Yes, you read that correctly. The House added very controversial abortion language - language that was rejected by the Senate - to a bill that is completely business oriented and has nothing whatsoever to do with abortion. As a result, this important pro-business bill, which was passed unanimously by the Senate in its "clean" form, is in jeopardy.

 

After the House passed its amended version of the bill, the bill was referred to the House Finance Committee for further review. We strongly encourage the committee to remove the non-germane abortion language from SB 295 and for the full House to pass the "clean" bill as unanimously approved by the Senate.

 

Keeping health costs down and a level playing field intact

 

There aren't many people, it seems, who don't agree that the state's Certificate of Need (CON) law is need of revision. This law requires proposed medical facilities and expansions to pass a needs assessment of sorts before being built. But House Bill 1617 seeks to eliminate CON in its entirety, which is why the Chamber opposes the bill.

 

HB 1617 is one of two House bills currently before the Senate that is aimed at allowing Cancer Treatment Centers of America to enter the state without having to go through the same CON process as every other hospital and medical facility in New Hampshire. The two bills were combined by the Senate Health and Human Services Committee yesterday in a move that is sure to further exacerbate tensions between the Senate and House, where both bills originated and had the blessing of House leadership.

 

The CON process, as imperfect as it may be, is designed to ensure that any institutional health care services provide the highest quality of care that is available to the citizens of our state, as well as to promote collaboration among health care providers to provide better care and to manage the increase in health care costs. By going through the CON process, projects that don't stand up to regulatory scrutiny are withdrawn, and worthy projects are further improved and strengthened as different aspects of the project are examined.

 

The CON process maintains a level playing field for all medical facilities in the state and works to keep costs down by limiting the capacity of the state's health care system. Counter intuitive as that might sound, research has shown that more capacity in the health care system - more hospitals, imaging centers, and specialists - leads to higher utilization and increased costs.

 

In its amendments to HB 1617, the Senate Health and Human Services Committee made several big changes to the bill including postponing CON repeal by five years. It also changes the board's membership significantly, including the removal of hospital officials. In their place would be designees of the Department of Health and Human Services and the Insurance Department, as well as three resident "consumers."

 

If this bill makes it back to the House, look for more fireworks.

 

UCC revisions - technical, but necessary

 

On Tuesday, John Weaver, chair of the Chamber's Government Affairs Committee, testified in front of the House Commerce Committee in support of Senate Bill 204, which seeks to revise Article 9 of the Uniform Commercial Code, relative to secured transactions, as proposed by the National Conference of Commissioners on Uniform State Laws.

 

The Uniform Commercial Code (UCC), first published in 1952, was created in an effort to harmonize the laws of sales and other commercial transactions in all 50 states. SB 204 would make technical amendments to Article 9, as adopted by General Court more than 10 years ago. Chief among these amendments is "Alternative B," which leaves intact the requirement that a financing statement use a debtor's "individual name," but provides that the name on the driver's license will also be sufficient as well as the debtor's surname and first personal name.

 

If that makes little sense to you, you're not alone. Indeed, the bill's sponsor in the House, Rep. John Hunt, R-Rindge, admitted during his testimony that he hadn't even read the bill!

 

Be that as it may, and granted that SB 204 is not the most exciting bill, it will bring New Hampshire law in greater conformity with that of other states, a uniformity which can serve to lower transaction fees across the board.