Week Fourteen - April 11, 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!

Almost All Aboard!

We are hoping to be full steam ahead for the commuter rail bill soon. On Wednesday, the Senate Transportation Committee held a public hearing on HB 1404, which requires the New Hampshire Rail Transit Authority to secure and maintain a liability insurance policy for passenger rail service. The bill establishes liability thresholds which match up with current insurance requirements imposed by Massachusetts. The House correctly determined that this is a critical step in moving towards the goal of restoring commuter rail service. We are working hard to have the Senate follow suit. Nashua Chamber CEO, Chris Williams, appeared at the Senate hearing to testify in support of this legislation. Much of the discussion during the course of the hearing focused on the liability limits. The trial lawyers oppose these limits, but House Transportation Committee Chair Jim Ryan provided some very strong testimony regarding the constitutionality of those limits, and he stressed the fact that the liability thresholds were discussed with the legal counsel to the House, the legal counsel to the Senate and the Attorney General’s office. We expect the Senate Transportation Committee will vote on HB 1404 this next week. However, don’t be surprised if there are last minute attempts to amend this bill.

You Must Keep Your Computer Forever!

The Commission to study recycling and disposal of electronic waste passed the Senate this week. The Governor will in all likelihood sign the bill. The report on recycling electronic waste will be due December 1st of this year. The study will deal with manufacturer incentives to create products with almost no waste; performance goals for electronic recycling, end points for recycled waste; expansion of electronic recycling to residential areas, government, and businesses, and the cost of banning the disposal and incineration of electronic waste. In an election year, it will be interesting to see how much is accomplished regarding banning electronic waste. We will participate in this Commission this summer while others are relaxing!

Start Exercising

SB 540, the Governor’s wellness plan for small business, was heard in the House Commerce Committee on Thursday. The bill drew a big crowd, most of whom voiced strong support for the bill and the use of financial incentives to encourage improved employee health behaviors.

Governor Lynch, Senators and Representatives, as well as Insurance Commissioner Sevigny touted the bill’s potential for bringing down utilization and, as a result, bringing down the cost of insurance in the small marketplace. Even insurers embraced the concept of the bill, though there were some delicate hints of faint opposition and suggestions from that quarter regarding the fact that the wellness plans are primarily to be designed without the input of insurers and health care providers. The insurance plan suggested that their involvement should be welcomed from the beginning of the discussions over plan design, given the fact that they would be administering the wellness and disease management programs once they were operating.

The bill is expected to spend some in a Commerce subcommittee before it finds its way to the floor, perhaps with some amendments, though no substantial changes are expected.

Expansion of Unemployment Benefits

If the full House follows the lead of the House Labor Committee and passes SB 502, NH will be one of less than a dozen states that have expanded unemployment benefits to part-time workers who are looking for part-time or full-time work. The supporters do not believe this expansion will impact the NH Unemployment Trust Fund, but time will tell. The ability of the Commissioner to continue the discount rate if the Trust Fund dips below acceptable levels was deleted from the bill. This is one more indication of the fact that the face of NH is changing for businesses.

No Monte Carlo Night For The Chamber

The House Ways and Means Committee voted this week to kill the bill allowing Chambers to once again host Monte Carlo night fundraisers. Many Chambers across the state, particularly the smaller ones, were holding Monte Carlo nights as a means of raising funds for operating expenses and charitable works. This was a common practice while the regulation of these activities was under the jurisdiction of the Attorney General’s Office. When the jurisdiction was transferred to the Pari-Mutual Commission a few years ago, they realized that state law actually does not allow Chambers to host such operations. Legislation was needed to clarify the ability of 501-C(6)’s - Chambers - to offer bingo or Texas Hold’Em. The Ways and Means Committee indicated over the last week that it believes the Chambers need to become 501-C(3)’s, which are charitable non-profits, in order to have Monte Carlo night fundraisers. It is interesting that almost all the non-profits in the state have the ability to offer Monte Carlo nights - except the C(6)’s. Gaming is such an explosive issue in the legislature that the Ways and Means Committee could not understand how this is not an expansion of gambling, but just a reinstatement of things past.

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