2006 Legislative Report

January 16th, 2006

TOKEN MELT DOWN It's possible that 15 million tokens, now in storage and worth an estimated $2 million, could be melted down or sold as scrap metal. A special task force looking into a buy back program and the disposal of the tokens will make a recommendation this coming week. The legal question yet to be decided by the AG is whether the Legislature or the Executive Council has the authority over the buyback program. Last year, a feud erupted between the Council and the Legislature over the discounted cost of the E-ZPass transmitters. Since they were first introduced in 1955, tokens have offered a 50% discount to drivers buying them. The sale of tokens ended last September and their use ended at the beginning of the year. The idea floating around is to allow holders of tokens to redeem them in rolls of 40 for $5; the actual cost. Turnpike officials believe there could be anywhere from 500,000 to 2.5 million tokens still in circulation, which could cost the state from $62,500 to $250,000 in refunds. Another idea floating around is to allow the holders of the tokens to get credit for them in their E-ZPass accounts. Whatever the final outcome, it is bound to be less contentious then last year's fight over the purchase of discounted transmitters.

THIS LAND IS MY LAND Hold on Woody Guthrie, maybe it's not. Ever since the U.S. Supreme Court ruling in a Connecticut case allowing New London officials to take ownership of property along the city's waterfront for private development, the issue of eminent domain has taken political center stage. Caught up in the controversy has been U.S. Supreme Court Justice David Souter. Opponents of the decision are angry with Souter for supporting the ruling and are threatening to take his property in Weare. Reacting to the high court decision, legislative committees were created over the summer to examine the state's laws on eminent domain. It seems a better definition of "public use" will be sought so economic development, higher tax revenues or more jobs can't become reasons for government to take land from private owners without their consent. Wait a minute. Nothing is every simple when it comes to passing legislation. DOT officials worry that eliminating economic development as a justification for taking land could trigger lawsuits in a few road projects, like the access road to the Manchester airport. Also jumping into the fray is the NH Municipal Association, who warns that a tighter definition of "public use" could cause problems for some municipalities which they set up economic development districts even though eminent domain is not used. Confused yet?

DO YOU HAVE A GREEN CARD? No, not the green card issued to foreign nationals working in the United States. We are talking about the green cards mailed out by the Corporate Division of the Secretary of State annually to all the small businesses looking to refile their company with the SOS. Apparently, not everyone received the postcard in the mail. And due to a change in the law two years ago, failure to refile an annual report now will result in a $25 fine each month until the refilling is sent in. The annual filing fee is only $100. The bill before the House Commerce Committee would restore the previous penalty of $50 annually for late filing fees. Supporters argued that the current penalty is excessive and hurts the small business owners in the state. Officials of the SOS say they have done away with the green cards and are now mailing out the notices in officials state envelopes. The bill also would have the SOS reimburse any business entity that paid any late fee in excess of $50.

PERMISSION TO COME ABOARD Having saved the Portsmouth Shipyard from closure, Governor John Lynch is looking to prepare for the next round of base closings. In a highly unusual move, he is asking the Legislature to allow the state to spend money to promote and protect the Naval Shipyard. In a letter to the House Finance Committee, the Chief Executive said the yard is essential to national defense and to the state's economy. Lynch is asking for an on-going appropriation of $7,500 which some members of the committee find commendable, but unlikely to happen.

HOW MUCH IS TOO MUCH? If you ever wondered how much it cost to have a bill become state law, wonder no longer…$1,500. Yup, that is the price tag for just one bill. Now multiply that by 1000 bills and we are talking serious money. As beauty lies in the eye of the beholder, so does the value of a bill to a legislator. In many instances, legislators are trying to be responsive to their constituents by filing a bill that may never see the light of day. In defense of the citizen legislature, over half of the bills filed each session do end up becoming state law. A 500 batting average is good in anyone's league.

WHEN IS A REST AREA NOT A REST AREA According to those backing legislation looking to create a committee to study rest areas, when it is not promoting the state of New Hampshire. Five state agencies have teamed up to ask the legislature to let them look at how to better utilize rest areas to serve tourists and the motoring public. Besides DOT, other agencies involved include the State Liquor Commission, Department of Resources and Economic Development, Department of Revenue Administration, and finally, the Department of Safety. It certainly makes sense to sell New Hampshire to such a captive audience.

FAIR SHARE FOR HEALTH CARE Is the rallying cry behind legislation that would require large companies, like Wal-Mart, to provide full and part-time employees with health insurance equal to 10.5% of payroll or pay into a newly created state fund to support Medicaid. Business groups lined up to oppose the bill viewing it as unconstitutional. While labor unions support the bills passage claiming the state is underwriting the retail giant's employee benefits. Interesting note; the state legislature in Maryland just recently passed a similar bill and overrode a gubernatorial veto allowing the bill to become law.