Republican Report - March 4, 2011
A message from the House Republican Leader.....
On Friday Speaker O’Brien presented leadership’s language for a constitutional amendment on education funding to the Special Committee on Education Funding. It was presented as an amendment to CACR 12. While it contains essentially the same language, the amendment does replace some parts of CACR 12. In the end, the constitutional amendment would allow for the targeting of aid to communities that need assistance.
Speaker O’Brien told the committee, “It is my ardent belief that today will mark the start of the end of chaos and the beginning of an era of sustainability, consistency and a focus on helping real students in need.”
There is a key difference in the language from that of the governor’s proposal. In crafting our amendment we replaced the phrase “its duties” with “the provisions.” While it may seem a bit simplistic to be arguing over a single word or phrase, you may recall that it was the word “cherish” —which some would have you believe included the “funding.” of education—that got us into trouble the first time around. We feel that by adding the phrase “the provisions” we are far less likely to run into a problem with CACR 12.
I also believe that by removing the phrase, “its duties,” we have changed the standard of review. The New Hampshire Supreme Court has several different levels
In fulfillment ofits duties
the provisions with respect to
education as set forth in Part II,
Article 83,
of review. In the case of education funding, they used a standard of strict scrutiny, meaning that they believe that the Claremont decision to be on the same level as the most harshest scrutiny that the court undertakes. In fact, the court puts it on the same level as cases involving race or gender. That is a significant standard. Essentially, the court is telling us that education funding is on the same level of scrutiny as if we had been discriminating against certain school districts because of race or gender.
The main sticking point between our language and the governor’s concerns is the word “responsibility.” In fact, it is as problematic for us today as the word “cherish” was in previous debates over education funding. The debate over the use of this word is the nexus of the disagreement between the legislature and the governor. Without the inclusion of the word “responsibility,” the governor has told us that he could not guarantee that any member of the Democratic caucus would agree to the amendment. The governor was not in the state this week, but...
the general court shall have the
authority,responsibilityand full
discretion to define reasonable
standards for elementary and secondary
public education,
we are hopeful that he will not hold out his support of a constitutional
amendment on education funding that the House and Senate have agreed
upon, based on a single word. But many were here when the Democrats
attempted to put through a constitutional amendment on education
funding. Even when the Democrats were in the majority Governor Lynch
couldn’t deliver the support of his own caucus.
I personally think that this amendment is as good as we can hope for. Our colleagues in the Senate have joined with us and, quite frankly, have acceded a lot of what we wanted included in the amendment.
As the speaker told the Special Committee on Education Funding, “this amendment affirms that it is the peoples’ elected representatives, not the court system, who have the responsibility of determining school funding, targeting aid, and helping to make sure that we can focus our legislative attention on helping children by offering them an outstanding education—and not merely and adequate education”
Senate Watch
The Senate returns from its break next week and committees will hold numerous executive sessions along with public hearings on a few key pieces of legislation. On Monday, The Senate Ways and Means committee takes up a number of significant bills including:
Caucus Notes
The caucus notes were sent out again this week and undoubtedly you noticed that they only contained a couple of bills. Next week we have just a few hearings, but many executive sessions. Please remember that if you see that your committee is going to be missing several members
for an exec’ session, let the speaker’s office now ASAP so that replacements can be located in time for the vote.
As for the bills listed on the caucus notes, HB 590 will be heard in the Constitution Review and Statutory Recodification committee on Wednesday at 11 am in room 303 of the LOB. It is an act expressing the position of the New Hampshire general court that the offering and acceptance of federal grants-in-aid, relating to matters not included among the defined powers of the federal government, is unconstitutional under the state and federal Constitutions; and establishing a committee to review state participation in federal grant-in-aid programs. I urge you to read the bill carefully.
The hearing on CACR 12, which deals with education funding, will be held on Wednesday at 9:30 am in room 207 of the LOB. Leadership will support the amendment to CACR 12 offered on Friday by Speaker O’Brien.
On Wednesday and Thursday, March 9 and 10, I will begin having lunch at the Upham Walker House with our committees for an exchange of ideas, to express and concerns and to hear any ideas that you may have. Children and Family and Commerce will join me on Wednesday and Criminal Justice and Constitutional Review will meet with me on Thursday. The rest of the committees will be scheduled over the next couple of weeks.
I personally think that this amendment is as good as we can hope for. Our colleagues in the Senate have joined with us and, quite frankly, have acceded a lot of what we wanted included in the amendment.
As the speaker told the Special Committee on Education Funding, “this amendment affirms that it is the peoples’ elected representatives, not the court system, who have the responsibility of determining school funding, targeting aid, and helping to make sure that we can focus our legislative attention on helping children by offering them an outstanding education—and not merely and adequate education”
Senate Watch
The Senate returns from its break next week and committees will hold numerous executive sessions along with public hearings on a few key pieces of legislation. On Monday, The Senate Ways and Means committee takes up a number of significant bills including:
- SB 125-FN-A, relative to the business profits tax deduction for reasonable compensation. This bill modifies standards and burden of proof with respect to the business profits tax deduction for reasonable compensation attributable to owners of partnerships, limited liability companies, and sole proprietorships.
- SB 182-FN-A-L, relative to video lottery and table gaming, providing property tax relief for local economies, providing services for problem gamers, and promoting tourism and public safety.
- SB 167-FN-A-L, establishing a production jobs creation credit under the business enterprise tax and making changes affecting small business to the business profits tax, the business enterprise tax, and the meals and rooms tax.
Caucus Notes
The caucus notes were sent out again this week and undoubtedly you noticed that they only contained a couple of bills. Next week we have just a few hearings, but many executive sessions. Please remember that if you see that your committee is going to be missing several members
Amendment to CACR 12
To add a new Part II, Article 5-C to the New
Hampshire Constitution, as follows:
In fulfillment of the provisions with respect to
education as set forth in Part II, Article 83, the
general court shall have the authority,
responsibilityand full discretion to define
reasonable standards for elementary and secondary
public education, to establish reasonable
standards of accountability therfor, and to
mitigate local disparaties in educational opportunity
and fiscal capacity. Further, in the exercise
therof, the general court shall haver full discretion
to determine the amount of, and methods of raising and distributing, State funding for education.
for an exec’ session, let the speaker’s office now ASAP so that replacements can be located in time for the vote.
As for the bills listed on the caucus notes, HB 590 will be heard in the Constitution Review and Statutory Recodification committee on Wednesday at 11 am in room 303 of the LOB. It is an act expressing the position of the New Hampshire general court that the offering and acceptance of federal grants-in-aid, relating to matters not included among the defined powers of the federal government, is unconstitutional under the state and federal Constitutions; and establishing a committee to review state participation in federal grant-in-aid programs. I urge you to read the bill carefully.
The hearing on CACR 12, which deals with education funding, will be held on Wednesday at 9:30 am in room 207 of the LOB. Leadership will support the amendment to CACR 12 offered on Friday by Speaker O’Brien.
On Wednesday and Thursday, March 9 and 10, I will begin having lunch at the Upham Walker House with our committees for an exchange of ideas, to express and concerns and to hear any ideas that you may have. Children and Family and Commerce will join me on Wednesday and Criminal Justice and Constitutional Review will meet with me on Thursday. The rest of the committees will be scheduled over the next couple of weeks.
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