NH OUTLOOK FRIDAY EDITION, Friday, 3/24/2006
script iconHello script iconKey: Family / Marriage
script iconGay Marriage script iconwannabees
script iconEminent Domain script iconsigns
script iconEducation Funding script iconsmoking
script iconDrop Out Age script iconMedicare part d
script iconSmoking Ban script iconcross over
script iconSexual Predators script iconsurplus
script iconBudget Surplus script iconchuck hagel
script iconNE Wood pellet broll script icongay marriage
script iconPres. Sitings script iconeminent domain
script iconRoad Signs script iconed funding
script icongoodnight script iconBerlin Prison
script iconKey: Minorities / Civil Rights script icondrop out
script iconKey: State Politics / Government script iconDa Vinci Lawsuit
script iconKey: Education script iconsex offender
script iconKey: Crime / Legal Issues / Law Enforcement  


script iconHello
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Hello. I'm Beth Carroll. Welcome to the "Week-in-Review" Edition of NH Outlook.
Making news this week: a push to limit eminent domain powers gains steam, A same-sex marriage ban is defeated, the latest on the Berlin prison site, and will a smoking ban be coming to a restaurant near you?
Here to talk about all this and more.from the State House in Concord:
Kevin Landrigan from the Telegraph and Tom Fahey from the Union Leader, and here in Durham Edith Tucker from the Coos County Democrat and James Pindell from PoliticsNH.com.
A warm welcome to all of you.
script iconGay Marriage
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We begin with "Cross Over" week at the Legislature -- where bills go between the House and Senate for action in order to survive the session. A time when the most controversial and expensive bills are dealt with -- such as Gay Marriage.
This week the House "defeated" a constitutional amendment banning Same-Sex Marriage.
In order to change the Constitution a measure has to pass the House and Senate before going on to a public vote.
Q TOM/KEVIN: So is this effectively DEAD?
Senate won't be pursuing a SIMILIAR amendment??
Q The Vote 207-125 / expected???
Q What's the impetus for this Amendment?
Q Gay Marriage Opponents say it's needed to PREVENT courts from forcing a decision like they did in MA
Any LAWSUITS planned???
** Current state Law: prohibits gay Marriage. State doesn't recognize same sex unions and marriages
performed out of state.
script iconEminent Domain
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A constitutional amendment on Eminent Domain fared better.
Both the House and Senate "backing" the measure -- which prohibits taking private land for anything but
public use.
The push to tighten eminent domain law --- is in response to a recent U-S Supreme Court ruling which allowed New London, CT to take a group of older homes along the city's waterfront for a private developer.
Q James: You"ve been following this issue-- what's your read on this?
Q EDITH: Eminent domain -- always controversial. Would you say there's widespread support
for "Limiting" A government's EMINENT DOMAIN powers?
Kevin/Tom: Just a few formalities before this heads to VOTERS in November.
=================================
Q KEVIN: The use of Eminent Domain for the taking of private businesses has been a hot topic in Nashua
with the battle for Pennichuck Water Works in Nashua.
Q How common is the use of eminent domain for ECONOMIC development purposes common?
script iconEducation Funding
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A proposed Constitutional Amendment on Education Funding is dead, at least for now.
The amendment was aimed at getting the courts out of the state's education funding debate.
It was introduced 2 weeks after a Superior Court judge threw out the current education funding plan.
It failed to muster the needed 60-percent vote to move it to the House.
Q KEVIN/TOM: So, the tug of war between the Legislature and the courts over ed funding -- not over?
would this amendment have NULLIFIED the court's ruling???
Q Democrats called this an open invitation to LITIGATION.
Was the vote pretty much along party lines???
** Some defections in the GOP ranks. Sen Bob O'dell -- whose district includes Claremont --
voted AGAINST it.
Q EDITH: Opponents worry it could spell little or no state funding for education in the future.
Is that a Big Concern in the north country.
Q JAMES: Senate President Ted Gatsas sponsored the amendment. Wasn't able to get the needed votes.
Just shy of what he needed. How big a loss is this for him?
**Gatsas: not an attempt to diminish the court's oversight in education funding challenges.
** critics say the language was crafted too late in the game.
Q KEVIN/TOM: This was tabled -- any chance this could be resurrected.
Stay tuned on that one.
script iconDrop Out Age
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A bill to raise the state's high school drop out age to 18 -- passed the Senate -- and is now on its way to the House. They also included 1.2 million dollars for drop out programs. The governor endorses the plan.
Q KEVIN/TOM: So Where does this measure stand in the House?
Q Argument always been about MONEY for alternative education plans for at-risk students.
That was ADDRESSED?
BETH: If passed -- new rules would go in effect for the 2008-2009 school year.
script iconSmoking Ban
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NH is moving closer to banning smoking in ALL restaurants and bars.
The House voted Tuesday in favor of a statewide smoking ban.
Q It passed the House on a 189-156 -- close one?
I read one account that said Democrats paved the way for the bill’s success. TRUE?
Q KEVIN/TOM: Polls show statewide support for the measure, but will it make it through the Senate?
Q JAMES: Some powerful foes: Sen Pres Ted Gatsas, and Sen Majority leader Bob Clegg OPPOSE IT?
Will this be vote be indicative of the kind of support they wield????
Q EDITH: Opponents argue we Don't need Government to come in and tell Restaurants what to do?
**Bob CLEGG: If a restaurant wants to stay open for smokers, we have no business trying to order they do otherwise. Some liken it to putting the Legislature in role of BIG BROTHER.
BETH: It will soon be before the Senate -- we'll be watching.
Q NH is the ONLY New England state without a statewide smoking ban??
script iconSexual Predators
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This week the House passed a more MODERATE version of the Governor's get-tough laws on child sex offenders.
There was overwhelming support for strengthening NH's laws.
But, when it came to a mandatory 25-year prison sentence -- that's where support wavered.
Q KEVIN/TOM: How does the new bill DIFFER from the original.
** removed the mandatory minimum sentence. Instead, it would be up to a judge to sentence a
first-time offender.
Q Governor and AG Kelly Ayotte -hoping SENATE will restore the minimum mandatory sentence.
Any CHANCE of that?
** in response to argument that harsh sentencing -- might dissuade victims from testifying --since most victims know or are related to their ATTACKERS.
Q The amended Bill also DROPS a provision that bars sexual offenders from living 1-thousand feet of a
school or child care center -- and, calls for more treatment programs.
** That involves COST-- and it won't be INexpensive. All at a time when the State doesn't have the surplus it once had.
script iconBudget Surplus
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In fact this week Legislative leaders and the Governor learned the state budget surplus they've spent was down by more than half.
Q Kevin -- I know you wrote about the shrinking surplus -- What's left??
script iconNE Wood pellet broll
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A shrinking budget surplus can't be good news for the North Country which is looking to the state for help after the devastating clousure of one mill -- and the pending closure of another.
Berlin city leaders met with the head of Jaffrey-based New England Wood Pellet to see if the expanding company might be interested in setting up shop in the city.
The mayor is looking for companies that might use the wood supply now being processed at Fraser Papers which is closing in May.
Q Edith: I imagine that's just one of the many efforts going on to bring jobs to Coos County?
** Have any other businesses shown an interest?
Q The New federal prison in Berlin will bring some much needed jobs.
Edith: It looks like the site has been chosen?
** a public hearing in April.
script iconPres. Sitings
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We've seen a parade of presidential wannabees coming to NH this week.
Q James: who's been making their presence known in NH this week.
New Mexico Governor Bill Richardson, Nebraska Senator Chuck Hagel,
**VA Senator George Allen and Indiana Senator Evan Bayh -- all making stops around
the state.
script iconRoad Signs
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A quick update on the state's new Highway Welcome signs.
The ones that read: "You're going to love it here".
Well, they may soon be gone.
A bill calling for the state motto " Live free or Die" to be included on those signs passed in the Senate.
q When does this go to the House --and do they support this as well?
Q Will these signs be trashed, or modified.what about costs?
Q The proposal drew national attention and prompted a few jokes.
At the St. Patrick's Day breakfast the governor proposed a compromise
highway sign "Love it here or -- die."
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My thanks to Kevin Landrigan and Tom Fahey in Concord.
And Edith Tucker and James Pindell here in Durham.
And, thank you for watching.
I'm Beth Carroll.
I'll see you next time.
script iconKey: Minorities / Civil Rights
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NEW HAMPSHIRE OUTLOOK Air Date/Time: 3/24/06
HOST: Beth Carroll Length: 26:00 minutes
Hello. I'm Beth Carroll. Welcome to the "Week-in-Review" Edition of NH Outlook. Making news this week: a push to limit eminent domain powers gains steam, A same-sex marriage ban is defeated, the latest on the Berlin prison site, and will a smoking ban be coming to a restaurant near you? Here to talk about all this and more.from the State House in Concord: Kevin Landrigan from the Telegraph and Tom Fahey from the Union Leader, and here in Durham Edith Tucker from the Coos County Democrat and James Pindell from PoliticsNH.com. A warm welcome to all of you.
PRODUCER/REPORTER: Beth Carroll NAME OF PARTICIPANTS: Kevin Landrigan\The Telegraph, Tom Fahey\The Union Leader, Edith Tucker \Coos County Democrat, James Pindell\PoliticsNH.com
script iconKey: State Politics / Government
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NEW HAMPSHIRE OUTLOOK Air Date/Time: 3/24/06
HOST: Beth Carroll Length: 26:00 minutes
Hello. I'm Beth Carroll. Welcome to the "Week-in-Review" Edition of NH Outlook. Making news this week: a push to limit eminent domain powers gains steam, A same-sex marriage ban is defeated, the latest on the Berlin prison site, and will a smoking ban be coming to a restaurant near you? Here to talk about all this and more.from the State House in Concord: Kevin Landrigan from the Telegraph and Tom Fahey from the Union Leader, and here in Durham Edith Tucker from the Coos County Democrat and James Pindell from PoliticsNH.com. A warm welcome to all of you.
PRODUCER/REPORTER: Beth Carroll NAME OF PARTICIPANTS: Kevin Landrigan\The Telegraph, Tom Fahey\The Union Leader, Edith Tucker \Coos County Democrat, James Pindell\PoliticsNH.com
script iconKey: Education
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NEW HAMPSHIRE OUTLOOK Air Date/Time: 3/24/06
HOST: Beth Carroll Length: 26:00 minutes
Hello. I'm Beth Carroll. Welcome to the "Week-in-Review" Edition of NH Outlook. Making news this week: a push to limit eminent domain powers gains steam, A same-sex marriage ban is defeated, the latest on the Berlin prison site, and will a smoking ban be coming to a restaurant near you? Here to talk about all this and more.from the State House in Concord: Kevin Landrigan from the Telegraph and Tom Fahey from the Union Leader, and here in Durham Edith Tucker from the Coos County Democrat and James Pindell from PoliticsNH.com. A warm welcome to all of you.
PRODUCER/REPORTER: Beth Carroll NAME OF PARTICIPANTS: Kevin Landrigan\The Telegraph, Tom Fahey\The Union Leader, Edith Tucker \Coos County Democrat, James Pindell\PoliticsNH.com
script iconKey: Crime / Legal Issues / Law Enforcement
Return to index of stories...
NEW HAMPSHIRE OUTLOOK Air Date/Time: 3/24/06
HOST: Beth Carroll Length: 26:00 minutes
Hello. I'm Beth Carroll. Welcome to the "Week-in-Review" Edition of NH Outlook. Making news this week: a push to limit eminent domain powers gains steam, A same-sex marriage ban is defeated, the latest on the Berlin prison site, and will a smoking ban be coming to a restaurant near you? Here to talk about all this and more.from the State House in Concord: Kevin Landrigan from the Telegraph and Tom Fahey from the Union Leader, and here in Durham Edith Tucker from the Coos County Democrat and James Pindell from PoliticsNH.com. A warm welcome to all of you.
PRODUCER/REPORTER: Beth Carroll NAME OF PARTICIPANTS: Kevin Landrigan\The Telegraph, Tom Fahey\The Union Leader, Edith Tucker \Coos County Democrat, James Pindell\PoliticsNH.com
script iconKey: Family / Marriage
Return to index of stories...
NEW HAMPSHIRE OUTLOOK Air Date/Time: 3/24/06
HOST: Beth Carroll Length: 26:00 minutes
Hello. I'm Beth Carroll. Welcome to the "Week-in-Review" Edition of NH Outlook. Making news this week: a push to limit eminent domain powers gains steam, A same-sex marriage ban is defeated, the latest on the Berlin prison site, and will a smoking ban be coming to a restaurant near you? Here to talk about all this and more.from the State House in Concord: Kevin Landrigan from the Telegraph and Tom Fahey from the Union Leader, and here in Durham Edith Tucker from the Coos County Democrat and James Pindell from PoliticsNH.com. A warm welcome to all of you.
PRODUCER/REPORTER: Beth Carroll NAME OF PARTICIPANTS: Kevin Landrigan\The Telegraph, Tom Fahey\The Union Leader, Edith Tucker \Coos County Democrat, James Pindell\PoliticsNH.com
script iconwannabees
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AP-NH--NH Primary-Richardson,0067

Richardson says he's fine with extra caucus before N.H. primary
dewman

MANCHESTER, N.H. - New Mexico Governor Bill Richardson says
he's fine with the Democratic Party having another presidential
caucus before New Hampshire's primary - but he said New Hampshire
still should hold the first primary.
Richardson, who is mentioned as a potential candidate in 2008,
says he does not believe adding a caucus would diminish New
Hampshire's primary. He spoke in Manchester yesterday.




script iconsigns
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The new highway EW
AP-NH--Road Signs,0142
House Committee endorses 'Live Free or Die' on state signs
amsavbstklmfls
CONCORD, N.H - New Hampshire's new highway welcome signs
reading "You're going to love it here," appear headed for the
trash heap. A legislative committee today unanimously recommended
the state motto "Live Free or Die" appear on the signs.
Derry Senator Robert Letorneau said "You're going to love it
here" is just a little too tacky for New Hampshire."
Letourneau, who sponsored the bill said "Live Free or Die" is
famous and recognizable as representing new Hampshire.
The proposal since drawn national attention and prompted a few
jokes. Speaking at a recent St. Patrick's Day breakfast, Governor
John Lynch proposed a compromise highway sign "Love it here or
die."
Joking aside, the bill passed in the Senate and received the
governor's endorsement. It's expected to go to a vote in the House
in April.
AP-NY-03-23-06 1547EST
script iconsmoking
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AP-NH--Smoking Ban,0116

House passes smoking ban for restaurants and bars
amsstfls

CONCORD, N.H. - New Hampshire is on its way to becoming the
last state in New England to ban cigarette smoking in all
restaurants and bars.
The House voted today on a statewide smoking ban, passing it 189
to 156.
Supporters point to the danger of secondhand smoke for workers
and patrons. They say other states that enacted a ban have not seen
their restaurants suffer financially.
Opponents say it should be up to restaurant owners if they want
to ban smoking.
According to a poll conducted by the Manchester Chamber of
Commerce, 75 percent of restaurant and bar owners support the ban.
A recent statewide poll also showed widespread support from the
public.




AP-NY-03-21-06 1235EST
By Kevin Landrigan
Telegraph Staff
CONCORD – New Hampshire is halfway toward joining the rest of New England in banning smoking in restaurants and bars.
A tight 177-164 vote in the House of Representatives on Tuesday morning in support of a smoking ban came after a strong lobbying effort by a group known as Clean Air Works for New Hampshire.
An hour later, after the House rejected half a dozen efforts to amend the bill, the final vote to send it to the Senate was stronger, 189-156.
“I think it is time to lead by example, protect the health of all, create a level playing field for all. Can we afford to not pass this?” asked Jaffrey Republican Rep. Stephen Pelkey.
The legislation faces an uncertain future in the Senate, as both Senate President Ted Gatsas and Senate Majority Leader Robert Clegg oppose it.
“Why are we acting to pass a bill to let business do what it’s doing already? If a restaurant wants to stay open for smokers, we have no business trying to order they do otherwise,” said Clegg, who quit smoking a year ago.
Deputy House Speaker Ken Weyler spoke against the smoking ban, calling it “anti-business, anti-choice and anti-freedom.”
Weyler said New Hampshire should not follow the lead of the other five New England states.
“While our neighbors suffer from failed socialist experiments and activist judges, we do not,” Weyler said.Lawmakers have repeatedly turned down similar proposals in previous years. Hampton Republican Rep. Sheila Francoeur, who helped lead the fight against past bans, sponsored the bill this year and said the public health evidence is that it would do some good.
“It’s not about breaking New Hampshire’s tradition, and God knows it’s not anti-freedom,” Francoeur said. “We now know secondhand smoke does indeed kill. This is a health issue, ladies and gentlemen, it is not a choice issue.’’
Market surveys have concluded at least 60 percent of the state’s restaurants are smoke-free.
Eight hours later, the House rejected legislation that would have allowed any city or town to ban smoking in all indoor spaces, public or private. A move to pass that more expansive bill failed, 177-100.
The House also rejected amendments to let businesses build separate rooms where people could smoke and to ban smoking indoors completely if there’s a child present.
Gov. John Lynch indicated for the first time Monday that he’d let the bill become law.“If it gets to me, I am not going to veto it,” Lynch said. “The big difference between now and before is that businesses seem to be supporting it.”Litchfield Republican Rep. Ralph Boehm said it’s a sad trend that the state’s GOP leadership is backing more government regulation.
“Will this Legislature next dictate how much fat people can consume? Why not? It might improve our health,” Boehm said.
“Will we soon be told which way the toilet paper should be hung from the roll? Why not? It might end some household arguments.”
The minority House Democrats paved the way for the bill’s success. In the initial test vote, the House GOP opposed it, 133-71, while Democrats backed it overwhelmingly, 106-31.
The New Hampshire Lodging and Restaurant Association supplied a big dose of momentum this year by ending years of opposition to a smoking ban. The lobbying group remained neutral, but several restaurant owners played prominent roles in support of a ban to protect their employees from the effects of secondhand smoke.
“When applied fairly, smoke-free bars and restaurants are right for workers and customers, and there is no adverse affect on business,” said Shawn Joyce, president of Margaritas Mexican Restaurants.
The Greater Manchester Chamber of Commerce added its backing for the bill after a member survey showed strong support.
Clegg confronted the Manchester chamber’s vice president, Chris Williams, in a Statehouse corridor after the vote.
“That’s some chamber, trying to tell its owners how to run their businesses,” Clegg said, mockingly.
Williams said customers and those working in restaurants deserve to breathe smoke-free air.
“It’s a public health issue and that supersedes the ‘live free or die’ principle,” Williams said.
--------------------------------------------------------------------------------
© 2003, Telegraph Publishing Company, Nashua, New Hampshire
script iconMedicare part d
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For Immediate Release: Contact: Pamela Walsh
Thursday, March 23, 2006 271-2121
491-7124
Governor Urges Congressional Delegation to Work
To Extend Deadline for Seniors To Enroll in Medicare Part D
CONCORD - Gov. John Lynch is urging New Hampshire's Congressional delegation to work with their colleagues and with the White House to extend the May 15th deadline for seniors to enroll in Medicare Part D.
As the Medicare Part D law is now written, eligible seniors must enroll by May 15th or pay an additional 1 percent penalty on top of their premiums for every month they delay enrolling.
In New Hampshire, Gov. Lynch issued an Executive Order and the legislature passed a bill to allow the state to provide emergency assistance to some seniors who weren't able to get their prescription drugs because of implementation problems with the new federal government. The assistance was available to people who had been receiving prescription drug assistance through the state until the new federal program began on Jan. 1.
"While the problem is slowly improving, New Hampshire seniors still face a confusing array of challenges and choices when it comes to enrollment and choosing the right plan," Gov. Lynch wrote New Hampshire's Congressional delegation.
"That's why I believe it is critical that the federal government extend the enrollment deadline and eliminate the penalty charge for seniors who fail to enroll by May 15, 2006," he wrote. "Seniors should not be pushed into making a decision that may end up being the wrong one for them because of an artificial deadline."
A copy of Gov. Lynch's letter is attached.
# # #
March 22, 2006
The Honorable Judd Gregg
United States Senate
393 Russell Senate Office Building
Washington DC 20510
Dear Congressman Gregg:
I write today to urge you to work to extend the deadline for seniors to sign up for the new Medicare Part D prescription drug coverage.
As I know you are aware, the implementation of Medicare Part D has caused serious problems all across the country and certainly here in New Hampshire. I have issued two executive orders and our state passed emergency legislation to ensure that our dual eligibles can get their prescription drugs. While the problem is slowly improving, New Hampshire seniors still face a confusing array of challenges and choices when it comes to enrollment and choosing the right plan.
That's why I believe it is critical that the federal government extend the enrollment deadline and eliminate the penalty charge for seniors who fail to enroll by May 15, 2006. Seniors should not be pushed into making a decision that may end up being the wrong one for them because of an artificial deadline.
I trust you will agree that extending the enrollment deadline and eliminating the penalty charge is an important step, given the problems our seniors have had with the introduction of Medicare Part D. I urge you to work with your colleagues in the House and Senate, and in the White House, on this important issue.
Sincerely,
John H. Lynch
GovernorMarch 22, 2006
The Honorable John E. Sununu
United States Senate
Russell Court Yard Number 4
Washington DC 20510
Dear Congressman Sununu:
I write today to urge you to work to extend the deadline for seniors to sign up for the new Medicare Part D prescription drug coverage.
As I know you are aware, the implementation of Medicare Part D has caused serious problems all across the country and certainly here in New Hampshire. I have issued two executive orders and our state passed emergency legislation to ensure that our dual eligibles can get their prescription drugs. While the problem is slowly improving, New Hampshire seniors still face a confusing array of challenges and choices when it comes to enrollment and choosing the right plan.
That's why I believe it is critical that the federal government extend the enrollment deadline and eliminate the penalty charge for seniors who fail to enroll by May 15, 2006. Seniors should not be pushed into making a decision that may end up being the wrong one for them because of an artificial deadline.
I trust you will agree that extending the enrollment deadline and eliminating the penalty charge is an important step, given the problems our seniors have had with the introduction of Medicare Part D. I urge you to work with your colleagues in the House and Senate, and in the White House, on this important issue.
Sincerely,
John H. Lynch
GovernorMarch 22, 2006
The Honorable Charles Bass
United States House of Representatives
218 Cannon House Office Building
Washington DC 20510
Dear Congressman Bass:
I write today to urge you to work to extend the deadline for seniors to sign up for the new Medicare Part D prescription drug coverage.
As I know you are aware, the implementation of Medicare Part D has caused serious problems all across the country and certainly here in New Hampshire. I have issued two executive orders and our state passed emergency legislation to ensure that our dual eligibles can get their prescription drugs. While the problem is slowly improving, New Hampshire seniors still face a confusing array of challenges and choices when it comes to enrollment and choosing the right plan.
That's why I believe it is critical that the federal government extend the enrollment deadline and eliminate the penalty charge for seniors who fail to enroll by May 15, 2006. Seniors should not be pushed into making a decision that may end up being the wrong one for them because of an artificial deadline.
I trust you will agree that extending the enrollment deadline and eliminating the penalty charge is an important step, given the problems our seniors have had with the introduction of Medicare Part D. I urge you to work with your colleagues in the House and Senate, and in the White House, on this important issue.
Sincerely,
John H. Lynch
GovernorMarch 22, 2006
The Honorable Jeb Bradley
United States House of Representatives
1218 Longworth House Office Building
Washington DC 20510
Dear Congressman Bradley:
I write today to urge you to work to extend the deadline for seniors to sign up for the new Medicare Part D prescription drug coverage.
As I know you are aware, the implementation of Medicare Part D has caused serious problems all across the country and certainly here in New Hampshire. I have issued two executive orders and our state passed emergency legislation to ensure that our dual eligibles can get their prescription drugs. While the problem is slowly improving, New Hampshire seniors still face a confusing array of challenges and choices when it comes to enrollment and choosing the right plan.
That's why I believe it is critical that the federal government extend the enrollment deadline and eliminate the penalty charge for seniors who fail to enroll by May 15, 2006. Seniors should not be pushed into making a decision that may end up being the wrong one for them because of an artificial deadline.
I trust you will agree that extending the enrollment deadline and eliminating the penalty charge is an important step, given the problems our seniors have had with the introduction of Medicare Part D. I urge you to work with your colleagues in the House and Senate, and in the White House, on this important issue.
Sincerely,
John H. Lynch
Governor
Pamela Walsh
Communications Director
Office of Gov. John Lynch
271-2121
pamela.walsh@nh.gov
script iconcross over
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NH Business Review
Long menu of bills awaiting ‘crossover’ votes
Published: Tuesday, Mar. 21, 2006
This week is “crossover” week in the state Legislature, meaning that it’s the last chance for a bill to go from the House to the Senate, and vice versa, in order to survive this session. Those that are left at this point are usually the most controversial and expensive bills. Here are some that affect business:
• Look for the House to start off with a long debate Tuesday on a bill that would extend the ban on smoking to all restaurants and cocktail lounges. A separate bill would give towns the right to ban smoking in public places.
• Look for a big debate for a bill allowing landlords to evict tenants without good cause after a lease has expired. • The House is expected to debate a constitutional amendment limited eminent-domain takings. A recent U.S. Supreme Court decision opened the possibility that a municipality could take someone’s property for a private business.
• There will probably be some heated discussion of a bill that would increase the setbacks for landfills from state-protected rivers and some more focus on a $1-a-ton solid waste disposal fee.
• A House Ways and Means Committee recommendation for a cut in the state insurance premium tax may have rough sledding as well, despite arguments that it will result in rate reductions that will help small businesses and retain insurance companies.
• House Bill 1474 would raise the taxable wage base on unemployment insurance from $8,000 to $9,000. Despite it being a tax increase, this should breeze through, since not passing it would drop the unemployment fund, causing the rates for most employers to be even higher.
• Look for the annual right-to-work debate. The bill – which would remove the requirement that all those covered under collective bargaining pay union dues – has repeatedly failed in the past, lambasted by labor organizations and large employers alike.
• Look for a discussion of a bill that would require employers to pay three hours’ wages for those called in to work as opposed to two.
• The House will vote on a measure giving the Pari-Mutuel Commission the authority to regulate charitable games of chance, such as the popular Texas Hold'Em tournaments, as well as limit winnings at such tournaments, to $300 a day. As previously reported in New Hampshire Business Review, such games are currently loosely regulated.
• Also on tap this week is a bill that would double certain business filing fees at the secretary of state’s office. – BOB SANDERS
script iconsurplus
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clo
CONCORD – Legislative leaders and Gov. John Lynch learned Wednesday that the state budget surplus they’ve spent in three months had shrunk by more than half.
House tax bill writers thought there was $42.2 million more in the bank than had been spent in the two-year state budget cycle that ends June 30, 2007.
But Legislative Budget Assistant Michael Buckley gave House and Senate leaders the bad news that there was only $19.8 million to be had for the claiming.
The rest of the surplus money — $22.4 million — will flow into the fund that finances state education grants to communities, Buckley said.
During a closed-door meeting, sources confirmed, House Speaker Douglas Scamman, R-Stratham, told leaders from both parties that the House had to change its plans to endorse a $20 million spending agenda and to give a $40 million tax cut to insurance companies.
Plaistow Republican Rep. Norman Major said that cutting back on spending was the right course.
But the House of Representatives was not in a giveback mood, approving surplus spending of $5 million for land preservation and $4.3 million to cover the high energy bills for state buildings.
In the state Senate, Salem Republican Sen. Chuck Morse said money has flowed back and forth from the state budget to education aid funds.
“No matter what bucket they are in, the money is held by state government. How much money do we have in total? That’s all that matters to me,’’ Morse said.
Mont Vernon Democratic Rep. Linda Foster said the excess money in the education aid fund should be used to increase grants for all communities.
Kevin Landrigan can be reached at 224-8804 or klandrigan@nashuatelegraph.com.
***
CONCORD, N.H. - People who lost property during last fall's
floods in New Hampshire are a step closer to getting more help from
the state.
The House yesterday approved a plan for the state to spend four
and a half million dollars buying about 40 flood-damaged
properties in Alstead, Acworth, Langdon and Walpole.
The purchase price would be each propertys assessed value before
the flood, minus any other financial aid the owner received, such
as insurance or federal disaster assistance.
The bill also sets up a commission to determine what the state
script iconchuck hagel
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The Republican Senator from Nebraska is in New Hampshire this week. Senator Hagel is a conservative, but isn't afraid to speak his mind. Most recently, the Vietnam Veteran has had tough questions for the President on the Iraq War. We'll talk to him about his views on Iraq, the President's dismal approval ratings, and if he's considering a run for President himself in 2008.
Hagel says port debate was uninformed
dewdov
PORTSMOUTH, N.H. - Nebraska Senator Chuck Hagel, testing
support in New Hampshire for a possible presidential run, says the
country-wide debate over having a Dubai company run six U.S. ports
was based on a lot of misinformation.
The Republican spoke yesterday at a Greater Portsmouth Chamber
of Commerce breakfast. He called the port debate the most
demagogic, uninformed debate he's seen in a decade.
For instance, Hagel said it was never the intention to allow the
Arab-owned company to control port security.
The company eventually backed out of the deal and Hagel says he
believes the incident hurt America's standing among Arab allies in
the war on terrorism.
AP-NY-03-22-06 1127EST
script icongay marriage
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An opponent of gay marriage, Senator Jack P
The House voted 207-125 to defeat a proposal to add to the state's Bill of Rights a constitutional amendment banning same-sex marriage.
The vote ends this year's campaign for a constitutional ban of same sex unions; it takes a 60 percent majority in the House and Senate for any proposed amendment to reach a public vote, where it needs approval from two-thirds of voters.
An opponent of gay marriage, GOP Sen. Jack Raymond, said the House has spoken and he will not pursue a similar amendment in the state Senate.
New Hampshire does not permit same-sex civil unions or marriage and does not recognize marriages and civil unions performed out of state. Opponents of such arrangements believe an amendment to the Bill of Rights might make it harder to change New Hampshire's marriage laws.
Maine bans same-sex marriage but has a domestic partner registry. Vermont and Connecticut allow civil unions, which are being considered in Rhode Island. Marriage is legal in Massachusetts. Neither are legal in New Hampshire.
NH--NH-XGR-Gay Marriage,0108
House defeats gay marriage constitutional amendment
bywjhmst
CONCORD, N.H. - The New Hampshire House voted this
afternoon to kill a proposed amendment to the state Constitution
banning same-sex marriage.
The vote was 207 to 125.
The amendment would have defined marriage as the union of one
woman and one man.
State law does not permit gays and lesbians to marry in New
Hampshire; nor does the state recognize marriages and civil unions
performed out of state.
But supporters of the amendment insisted it was needed to
prevent the courts from forcing a decision, as happened in Vermont
and Massachusetts. Gay-marriage supporters had said no such
lawsuits were planned in New Hampshire.
AP-APNewsAlert,0020
CONCORD, N.H. - The New Hampshire House voted down a
proposed amendment to the state constitution banning gay marriage.



AP-NY-03-21-06 1701EST
script iconeminent domain
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CONCORD, N.H. - A constitutional amendment to limit
government's ability to take private land in New Hampshire appears
headed for a public vote in November.
The House and Senate today voted in favor of identical
amendments to the constitution to prohibit the taking of private
land for anything except public use. To add the new language to the
constitution will require approval by at least two-thirds of voters
casting ballots.
The New London ruling also led to an attempt in Weare to take
the house of Justice David Souter, who sided with the Connecticut
decision. Angry activists wanted to get back at Souter by trying to
seize his more than 200-year-old farmhouse to build an inn but the
proposal fizzled.
script iconed funding
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P-NH--Education Funding CORRECTION,0142
S
AP-NH--Education Funding,TOPS,0138

Gatsas introduces new amendment for school funding
bywhofl

XX UPDATES with Gatsas' newest proposed amendment XX

CONCORD, N.H. - Add yet another wrinkle to New Hampshire's
school funding headache.
It was just Friday that Senate President Ted Gatsas introduced a
constitutional amendment to get the courts out of the state's
education funding debate. He introduced it after a Superior Court
judge threw out the current education funding plan.
Including Gatsas, 14 senators signed on to support that plan.
Fifteen are needed to advance to the House.
Then this morning, Gatsas introduced a newer, slightly different
proposal, giving the Legislature authority to make reasonable
decisions about the content and funding of education. He says it
never was his intention to block the courts from responding to the
Legislature.
A Senate vote on the amendment is scheduled for Thursday.




AP-NY-03-20-06 1212EST
Article published Mar 21, 2006
Gatsas changes wording of ed-funding amendment
CONCORD — Senate President Ted Gatsas reworded his proposed constitutional amendment on education funding Monday, but the move didn't appear to attract the last vote he will need to pass the measure out of the Senate later this week.
Instead of trying to alter a provision in the constitution that was pivotal to the Supreme Court's landmark Claremont ruling, which outlined the state's obligation to pay for education, Gatsas brought forward a new, shorter amendment.
"I've decided those people that created the constitution 200 years ago had something good," Gatsas said. "I am proposing an addition because times have changed."
The Gatsas amendment states that the Legislature "shall have the authority to make reasonable determinations of the content, extent, funding, and delivery of public education."
The Senate Finance Committee voted 5-3 on Monday to recommend the full Senate pass the measure on Wednesday. It takes a three-fifths vote of the Senate, or 15 senators, to pass an amendment on to the House. With 14 Republicans signed on as sponsors of the measure, supporters still need one more vote on Wednesday.
The proposal is not an attempt to diminish the court's oversight in education funding challenges, Gatsas told the committee.
"At no time do I believe the court should be taken out of something the Legislature does," he said.
Critics strongly disagreed.
"In my view would deliver the future of education funding in this state to the tender mercies of the Legislature," said Frederick Upton, a longtime Concord attorney. "I equate that to delivering the Christians to the lions at the Forum."
Senate Democrats were not buying into the rewording of Gatsas' amendment, saying it would still give the Legislature the final say on education funding.
"I think the effect is not much different and this will just add confusion to the issue," said Sen. Maggie Hassan, D-Exeter. "The courts have a role to play in our system. I don't think this helps us or them."
Gatsas again denied he is trying to diminish the courts.
"If they believe is unreasonable, they have the ability to stop it," he said.
Changing the wording of the proposal was not an attempt to sway one more Republican vote, Gatsas added.
Both Sens. Bob Odell and Robert Letourneau have said they cannot support the amendment.
After denouncing the original version last week, Gov. John Lynch again said he does not support the amendment.
"While Governor Lynch does not believe it was the intention of the sponsors, he believes the amendment allows future legislatures to walk away from the state's responsibility to fund education and he doesn't believe that's acceptable," said Lynch spokeswoman Pam Walsh.
N.H. Statehouse Writer Colin Manning can be reached at 226-3633 or at statehousefosters.com.
enate tables education funding amendment
amsbywstfls
Restores dropped word in lead
CONCORD, N.H. - A proposed constitutional amendment on
paying for public schools in New Hampshire did not make it out of
the state Senate today.
The Senate tabled the proposal from Senate President Ted Gatsas
that would have given the Legislature more authority over public
schools. Gatsas had 14 senators on board but needed 15 to pass the
plan over to the House.
The Senate can vote to remove the bill from the table if it can
convince one more senator to support it.
Two weeks ago, a superior court judge ruled New Hampshire's
school funding plan is unconstitutional because it fails to define
or determine the cost of an adequate education.
Gatsas' amendment would have made that unnecessary by giving the
Legislature the right to decide the content and funding of public
education.
script iconBerlin Prison
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For Berlin, prison site ‘makes sense’
By LORNA COLQUHOUN
Union Leader Correspondent
5 hours, 47 minutes ago
Berlin – The long-awaited choice of a preferred site for the location of a federal prison was announced yesterday, moving forward the $179 million project.
The Bureau of Prisons selected the so-called 1-A site, which would locate the 1,238-bed, medium-security facility near the Milan town line. A satellite minimum-security prison camp for another 128 inmates also is planned. The 700-acre site, which was also the choice of city officials, is near the New Hampshire state prison in the northeast corner of the city
“It’s a relief knowing where wants to locate it,” said Berlin City Planner Pamela Laflamme. “We’re ramping up on economic development and it does make a difference knowing where it is going to be located.”
The news of the selection, which came in a draft environmental impact statement, comes less than two weeks after one of the city’s largest employers, Fraser Papers, announced that it would be closing the Berlin pulp mill on May 6, putting 250 people out of work.
“If all goes well, a contractor could be selected in September,” Mayor Bob Danderson said.
Danderson said he spoke with a contractor who said he would need at least 250 people for labor — 100 electricians, 80 to 100 plumbers, 20 masons, 15 to 20 equipment operators and about 10 Teamsters.
“I think there are a lot of positive things happening,” Danderson said. “It’s going to be difficult for the people who are laid off but there are some opportunities for our young people.”
Berlin city officials had advocated the selection of site 1-A, in part because of its proximity to the state prison, which opened six years ago.
“It makes sense to put it there,” Danderson said. “Why put it at the other end of town?”
The selected site has access to important services that were laid out when the state prison was constructed, such as water and sewer. A natural gas pipeline is also close by.
Other potential sites included a parcel near Jericho Lake, where the state is moving ahead with the development of an all-terrain-vehicle park.
At a briefing last week, U.S. Sen. Judd Gregg said BOP officials expect to have final bid approval for a contractor in September, which could break ground on the project in January.
Gregg said last week that response to the BOP’s preliminary bidding information has been “robust.”
The Bureau of Prisons will host a public hearing in Berlin on April 19; the public has until May 8 to comment.
The bureau has said the beds are needed because of overcrowding at other federal prisons and to meet growth in the inmate population.
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script icondrop out
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AP-NH-XGR--Dropout Age,0149
Senate passes bill to raise dropout age to 18
bywavbstfl
CONCORD, N.H. - New Hampshire's Senate has approved
increasing the state's high school dropout age from 16 to 18.
It passed today, 17 to seven.
The bill also allows high school pupils age 16 and older to
develop alternative learning plans to obtain diplomas or its
equivalents outside public school.
Governor John Lynch supports the plan.
Senators supporting the plan say it's about time the dropout age
was raised. They said times have changed since 1903, when the
16-year-old age limit was set, and it was possible for pupils to
drop out at 16 to take jobs on farms or in factories.
Some opposed the bill, saying raising the dropout age would not
necessarily lead to increasing the graduation rate.
If the bill passes the House, the new rules would become
effective in the fall of 2008.
AP-NY-03-22-06 1350EST
script iconDa Vinci Lawsuit
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AP-NH--Da Vinci Lawsuit ,0128

Lawyer says Dan Brown's evidence should be treated with suspicion
dewap

LONDON - The judge in the Da Vinci Code copyright case in
London says he will have a verdict within three weeks.
Judge Peter Smith commented today after closing arguments in the
case in which two English authors accuse New Hampshire's Dan Brown
of stealing ideas for "The Da Vinci Code".
The court term ends April 13th, and Smith said he will have a
verdict before then.
Brown testified that he reworked material from the other book,
but denied wholesale lifting of themes. Earlier, the lawyer
representing the two authors told the judge that Brown's denials
should be treated with deep suspicion.
Brown, who lives in Exeter, was not in court today.



AP-NY-03-20-06 1323EST
script iconsex offender
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CONCORD, N.H. - The House today overwhelmingly supported a
proposal to strengthen New Hampshire's laws against child sex
offenders
The 307-to-17 vote applies to a package of legislation that
covers sentencing, registration on the state's sex offender list
and monitoring offenders once they leave prison.
As originally proposed by the governor, it would have allowed
prosecutors to seek a mandatory minimum prison sentence of 25 years
for any adult who sexually assaults a child under age 13. Current
law requires a sentence of ten to 20 years.
But the House went with the recommendation of its Criminal
Justice and Public Safety Committee and removed the mandatory
minimum sentence. Instead, it would be up to a judge to sentence a
first-time offender.
Attorney General Kelly Ayotte and Governor John Lynch opposed
dropping the minimum sentence. Lynch said he would work with the
Senate to restore the tougher penalties.
*****fahey
Concord – The House yesterday passed a more moderate version of a get-tough measure Gov. John Lynch wanted for use against child molesters.
By a vote of 307-17, the House passed HB 1692, which allows a maximum 25 years for anyone who rapes a child under 13. A second offense could bring life in prison without parole.
The original bill gave prosecutors the option of notifying it was invoking a mandatory minimum of 25 years in prison if it won a conviction. The House version lets a court impose up to 25 years, but leaves it to a judge’s, not a prosecutor’s, discretion.
After the vote, Lynch said the House took an important step, but it did not go far enough.
“I disagree strongly with the House’s decision to remove the proposed mandatory minimum sentences for the worst sexual offenders and I will work with the Senate to restore that provision,” he said.
House members were in no mood for the tough sentencing option, which a prosecutor would have to invoke for it to apply in a criminal case. Even with support from Republican leadership, neither of two moves to restore the option could get 100 votes.
The amended version of the bill that passed also dropped a provision that barred sexual offenders from living within 1,000 feet of a school, playground or child care centers.
It calls for more treatment programs, with sponsors saying the state does a poor job on treatment right now.
The House bill increases the sentence available to judges to 25 years for a first offense, from the 10- to 20-year sentence in effect now, although a judge can order a sentence of less than 10 years.
The bill extends the 25-year sentence provision to include assault cases where a child under 13 is left brain damaged or disabled. It also adds a new system for seeking involuntary commitment of sexually violent predators.
Attorney General Kelly Ayotte, who hopes to see the mandatory sentence restored in the Senate, said the amendments the House rejected, “would have maintained prosecutors’ ability to use their discretion” on when to use the option.
Under current law, even the 10-year sentence is not mandatory, she said.
Making sentencing laws too tough would dissuade some victims from testifying, some House members said, because most victims are known or related to their attackers.
Rep. Patricia Dowling, R-Derry, said the Criminal Justice Committee spent days talking with convicted child predators. They learned that the crimes often affect families more deeply than the public realizes.
“Everyone we interviewed knew their victims,” she said. “Ninety percent of these crimes are committed against a family member or someone they know.”
The image of a child predator as “someone behind the bushes,” is not valid, she said.
Rep. Peter Batula, main sponsor of the original bill, tried to restore the mandatory sentence.
“I have heard about prisoners, but nothing about visits to a psychiatric ward or of anyone who was raped,” he said. “It’s like we should have some pity on those who have committed these crimes.”
He and others looking for the toughest version noted that prosecutors could choose not to seek the mandatory minimum in cases when it is in the victim’s best interests.
Rep. Ed Moran, R-Bedford, said the House ought to beware of taking on a Salem witch trial mentality.
“We’re after the pathological cases and trying to keep them from hurting children and the rest of society, but I’d say let’s be careful,” Moran said.
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