Week Nine - March 7, 2008

The Advocate is a new electronic tool provided to our business members and regional state legislators.  This publication, sponsored by Devine Millimet & Branch and designed by ActiveEdge, is intended to keep you up to date with all the latest happenings in Concord concerning legislation impacting businesses.  We hope you enjoy this weekly electronic publication!

After a week off for vacation, the legislature returned just like the storms - with a real punch.

Problems of the Week

When will this state ever plan for the operation of new Federal pilot programs? The Federal Government gave New Hampshire money for the equipment and training of personnel for a statewide HazMat team. The state was to pay for the operation and maintenance of the program. Did the State put that in the budget of the Fire Marshal? No. New Hampshire did what New Hampshire always does - asked for grants and also asked local governments who would like to pay for the maintenance to cough up the money. Now, in a non-budget year, the Federal money and grants are drying up so the State is looking to add a new fee to businesses to run the program. HB 1594 would establish this fee, to pay for the HazMat team maintenance and operation. Most businesses analyze how they will raise the money to pay for the operation of new programs or products before they buy the equipment or train the people. As the largest “business” in the state, shouldn’t we expect the same from our government? The House Ways and Means Committee voted 4-2 to pass this new fee or tax onto business to pay for a state program.

One local representative, who voted for the tax, argued that either the state businesses would have to be taxed or our local property taxes would increase as the local governments would have to foot the bill.

One proponent of HB 1594 equated this program to a Christmas present given without the batteries. We think that most responsible folks either buy batteries or know they have them at home before the present is opened Christmas morning.

The language of this legislation will impact our businesses from car washes all the way up to BAE Systems. No one has an issue with the HazMat program itself. It is a terrific program. The issue is with the new business tax and the reporting requirements, which are completely onerous for all business, but particularly small business. The Chamber is working hard to have the Ways and Means Committee find a current source of funds to pay for this good program. The full committee will vote next week.

RFID Just Won’t Go Away

As you may recall, the House Commerce Committee voted 2-1 two weeks ago to amend HB 686 with language to prohibit the human implantation of RFID and also make it a crime to misuse RFID information. All agreed except one legislator, who subsequently had the subcommittee reconvene to try one more time and make New Hampshire different than every state and country by requiring labeling when RFID devices are used. This is a very complicated issue - who labels…the retailer or the manufacturer? Who has to remove RFID tags and on what products? How do you remove one from the inside of your tire or computer? Where does law enforcement (EZ Pass) come into the equation? Please note that there is no personal identifiable information on an RFID chip. There are only numbers that tell you, once they are decoded, where the product was manufactured - what plant, in what country - and shipped through what port, and when. This is an international inventory control, with anti-theft and counterfeiting technology. The Chamber will work hard to ensure New Hampshire does not squash new innovative, business technologies.

Privacy, Privacy, Privacy Versus Quality Patient Care

HB 1587 is a healthcare privacy initiative put forward by one of our local representatives which will increase New Hampshire’s healthcare privacy regulations. HB 1587 is attempting to put in place privacy standards that far exceed the Federal HIPPA regulations. Why? No one knows of any issues that have arisen in New Hampshire to warrant this legislation. No citizen testified to the need. However, there is a desire by some legislators to let the patient control their healthcare - meaning medical decisions on disclosure.

The Chamber along with representatives of all aspects of healthcare (hospitals, doctors, insurers, workers’ comp) met with House Speaker Terie Norelli this week, to express our grave concerns over HB 1587. There are huge cost implications for businesses if this bill passes, but more importantly, the bill allows the patient, not the doctor who is medically trained, to decide what medical information a physician needs to treat the patient. The patient can withhold important information, such as drugs being taking and past medical history. The doctor treating the patient has no idea what drug interaction or complications may occur to this patient who has withheld information. Privacy is important in healthcare, but patient safety and care must be first from the Chamber’s perspective. The vote on this bill will be next week.

Quick Takes

Not unexpectedly, the House killed two measures aimed at repealing bills passed during the 2007 session. Both were sponsored by Rep. John Hunt, who apparently wanted to make the point that extending coverage to dependents through age twenty-five, and retaining divorced spouses on an employer’s plan for up to three years after divorce as if none had occurred, were bad public policy and bad for the insurance market. While there has been some angst during the implementation of the recently passed legislation, the House had no stomach for a repeal.

And, again not unexpectedly, the Senate handily voted to accept a favorable report from the Senate Commerce Committee on Sen. Bob. Clegg’s bill to require insurers to broadly cover treatment for obesity, including various bariatric surgical procedures. SB 312 is now headed to the Senate Finance Committee where inquiry will be made into the bill’s impact upon the cost of coverage for state employees. Meanwhile, the House Commerce Committee has determined that a similar bill retained from last session is worthy of further study. How this potential conflict works out remains to be seen.

In Memoriam: Mike Will Be Missed

In this bulletin, we want to remember Representative Mike Whalley, the House Minority Leader, who was laid to rest this week. Mike served his state and constituents as a true and honorable public servant. He will be missed by everyone who esteems the institution of the New Hampshire House of Representatives for which he worked so hard.

J. Christopher Williams
President & CEO
Greater Nashua Chamber of Commerce
151 Main St.
Nashua, NH 03060
Phone: 603.881.8333
Fax: 603.881.7323