March 1983 Legislative Journal

Today the Minority Leader, Rep. Chris Spirou, is speaking before ED&A. A few weeks ago, he dropped a bomb on the Committee by withdrawing his support of HB-1, which incidentally he is a sponsor of. He gave no warning. He just got up and blew the Committee away.

Well, it appears that The Minority Leader is back on board. He diplomatically suggested amendments that the sub-committee had already considered. This approach is a means to save face for everybody, especially him. It worked.

What a day!!! Today we (the sub-committee) brought our recommendations to the full Committee. Now, because I seconded Representative Audrey Carragher’s amendment to leave the appointment of division directors entirely up to the commissioner, as originally written in HB-1, I was bound by honor and duty to the sub-committee to keep my mouth shut. So, I surreptitiously asked for help to defeat the effort.

Wayne King introduced the amendment, which he did following the vote on the sub-committee's amendments. Wayne then led the fight and we won 12-9. And when I say we won, we overthrew leadership on this one. Leadership includes the Chair, the Vice Chair, the House Majority whip, section leaders, they were all against us on this one.

Well, the story does not end here. There was a vote that annulled our vote. We decided there was not enough debate. What a slick move on the part of the opposition. On the way out I told John Dabuliewicz that it looked like I was going to have the last laugh after all, but now I am not so sure about things. He told me that I might yet have the last laugh.

Had a night meeting with the students about the education bill, HB-218, which Wayne and I sponsored. Things went really well. The hearing is March 15,1983 at 10:00 am. We got the support of the House Education Chair, Executive Councilor Ray Burton, Sen. Susan McLane, School Board members and many more.

We did it!!! After two days of wringing my hands, maneuvering behind the scenes, and not saying one word during committee deliberations (which was tough for me), we won 13-8. This could be the sweetest moment of my stay in Concord.

The nicest thing about this victory was the congenial atmosphere maintained during deliberations and following the vote. Most of us, on both sides, had lunch afterwards. It is hard to understand when people say one must learn to put issues behind oneself and move on to the next battle; until one has actually does it. I get the principle now. And I must add, it makes things much more enjoyable. In fact, if their attitudes were not so flexible and amenable, politicians would be the most bitter lot on the face of the earth. Because we see things this way, we can still deal with one another civilly, as individuals, separate from our political perspectives and partisan convictions.

Of course, I realize that my victory may be snatched from me while the bill is in conference between the House and Senate. I was able to have an impact at the level at which I have input. Once it leaves the committee, I am just an observer.

Town meeting day. I went to Plymouth's meeting early in the day and spoke to each Selectman and voted. After that I went to Concord to meet with HB-218 supporters. What a great tradition town meeting day is. I wish the rest of the country did similar things. Well, they do, but not quite like New England. Witness the nuclear freeze and acid rain resolution.

Today the sub-committee on Education (of ED&A) met and listened to staff reports regarding the reorganization of the New Hampshire Department of Education.

Today we dealt with three retirement bills. Unfortunately, I find these bills absolutely the most boring pieces of legislation I've dealt with. I hate to admit it, but that's the truth. I imagine that forty years down the road I will not feel this way. But I do now. [Author’s note from the future - got a great chuckle out of this comment. I am sixty-eight and retired in 2023.]

Today was the big day for my education bill (HB-218) relative to getting high school students onto school boards as non-voting members. What a turn-out. We had better than 100 students, educators, school board members, legislators, and Ray Burton showed up to testify, too.

Not to brag, but I did a smash job today. I was the lead off speaker and every member of the Education Committee asked me at least one question, some asked two or three apiece. When it was over, the nervousness set in, and I had to leave the room or bust.

I believe the committee is divided on this issue, but with the lobbying effort I am making I think we can pull it off with little problem. I hope it does not end up on the floor in a fight. If it does, I am sunk. However, no matter what happens, I have given it my best shot.

Today we voted on the nuclear freeze issue. The resolution failed by around forty votes. Too bad!!! The arguments against the freeze were mostly based on the "Better dead than Red" mentality. What a shame. Sometimes I find it so frustrating down here. People are so easily influenced by leadership’s position. If they do not vote with the leadership then they do not get invited to the parties. What a drag. It really pisses me off. Though, it is to be expected. Spineless. It really is too bad that rather than sending a positive message to Washington, we affirmed the status quo. Business as usual. What a drag.

Rep. Daniele came to the floor wearing his World War II uniform. What a dashing figure for a seventy-five-year-old man. Unfortunately, he is absolutely the worst speaker. Well, the tone of this entry is overwhelmingly negative. I better stop and pick it up another day. At least HB 218 went over with a bang!!!

Today we held public hearings on retirement legislation and on a bill that would establish a Transmission Commission. The latter would address the high voltage line that will run through seven miles of New Hampshire. This bill is not needed. The Public Utilities Commission, along with another board, regulates this area.

Today is the Saint Patrick's Day party.

Today we vote on the promised 9% pay increase for state employees (promised back in 1980-81). Frankly, had I been involved with the initial negotiating process, I would not have supported the dollar figure 9% represents. However, during the collective bargaining process the state committed to the raise. Now the state wishes to backtrack on their commitment to the 9% rise. I will not vote for the pay increase.

Today we dealt with slot machines. So called, one arm bandits. We voted down the slot machines. The House voted for the 9% raise. We voted down the helmet law.

After the session we met with Dr. Michael Swack about his efforts, and our bill, to create a Community Development Finance Authority. The Authority would capitalize using matching funds (4.5.4: 1) and through write-offs against the New Hampshire Business Profits Tax. We have little opposition.

Found out that HB-334 to upgrade the Pemigewasset River from a Class C to a Class B was unanimously voted ought-to-pass out of the Executive Committee on Resources and Development. They commended us (Wayne King and I) for bringing this bill to their attention.

Having dinner with Ray Burton tonight. We will work on the low-head hydro project at Livermore Falls in Plymouth, NH

Discovered that the Town of Plymouth is able to exempt themselves from providing welfare to full-time students who refuse to find work.

Today we held a joint House and Senate ED&A hearing. Absolutely nothing was accomplished, as was expected by both bodies. We were informed that all of the state government reorganization will be addressed, with legislation introduced to reorganize by 3-31-83. What a pipe dream.

The sub-committee on the Department of Corrections reported their recommendations to the full Committee. Contained in their proposal is a reference to putting the Youth Development Center (YDC) in the department as a division responsible to a future Commissioner of Corrections.

I take issue with this bent in the legislation. If YDC is simply a division in a corrections department, it will be treated as a stepchild, with its budget going through the commissioner before it goes to the legislature. I've lined up my votes for creating YDC as an administratively attached agency to the Department of Correction. My position is in the middle ground between the extremes. As Eisenhower once said, "I'd rather be in the middle than in the gutter on either side." At any rate, I've got the votes. When both sides run out of steam, I'll introduce my amendment.

Today's session lasted a record thirty minutes. That is compared to last week when they averaged four hours; that is something to applaud.

This afternoon at 4:00 pm we will meet with Ray Burton and several others, regarding a proposed Livermore Falls dam to create low head hydroelectric power. The arguments opposing the project center around the effort to repopulate the Atlantic Salmon fish population in the Pemigewasset River. We believe this is not a zero-sum game; both sides can win on this one. I hope!!!

PSC put on a great breakfast and follow-up presentation this morning. Hope they do it again. People need to know what a great job PSC has done to keep costs down.

Spent the night in Concord last night. I was supposed to testify before the Appropriations Committee tomorrow, but we decided I should do that today instead.

We had our meeting with all the players on the Livermore Falls project. Unfortunately, the opposition has filed three interveners against the developers. They claim, not too convincingly, I might add, that a dam on that site would destroy the entire Salmon project.

We were supposed to meet for an hour, but the tension was so great that we went for about two hours. There appears to be no middle ground on this project. The developers have made every effort to satisfy the opposition; this includes installing three fish ladders and screens in front of the turbines. There still is no movement on the other side. Wayne and I are going to arrange a canoe trip down the Pemigewasset River so that Fish and Game can make their argument regarding habitat. Both of us believe that it is necessary to see the affected habitat all along the Pemigewasset River, not just the one mile stretch before the proposed dam site.

When I testified before the Appropriations Committee today, I found myself without any allies. The rest of the University group appeared during the morning. Unfortunately, I was attending ED&A hearings during the morning. When I did appear, the Appropriations Committee had already moved onto other areas of the budget. However, the Chair graciously gave me permission to draw the Committee's attention back to the University budget for a brief time. My argument fell along holding the line on tuition increases. The direction we seem to be moving in will effectively limit access for poorer students to the University system, leaving access open to those students who do not care how much the bill is. I believe all qualified student candidates should be afforded the opportunity to get a university education.

What a fucked day today was. I have never been so disgusted with the process as I was today.

The Appropriations Committee voted a bill to reinstate the 4% cut to the cities and towns as inexpedient-to-legislate. After a lengthy floor debate on a substitute motion to replace the words with ought-to-pass, overturning the Appropriations Committee report, the Minority Leader's motion passed 181-171.

However, the Minority Leader then proposed an amendment to clarify some other parts of the bill. At that point, the Majority Leader moved the whole package to the table. Since some people did not know what the fuck was going on (there is no debate allowed on a motion to table), they passed the motion and the whole package was put on the table. Here I am voting against my party for nothing. It is like pissing in the wind.

After the bill was tabled (it requires a 213 vote to pull it off), the Majority Leader took me out into the hall and bitched me out. Jesus. I would have eaten it up if I had won. But to break ranks and watch it all blow away, is too much for me. The message we sent to the cities and towns is the legislature does not know what the fuck is going on.

I did not come down here to vote maybe. I came down here to vote yes or no. I would have felt better if the Minority Leader's motion had been defeated rather than have the whole thing tabled. What Bullshit!!!

As a sidelight, the Governor came in after the first vote and stared down the Republicans. He already knew who had broken ranks. I am sure some people have changed their minds because of the sudden appearance of the chief executive. What spineless people!!! The only way we are going to force the tax issue is to back the government into a corner. We came down here to lead the community, not follow or mislead. All of the leadership on both sides agree on a broad-based tax, but they are too chicken shit to get out there and convince their constituents.

T

Today we held sub-committee hearings on reorganization of the state Department of Education. This would probably include abolishing the state board or divesting it of most of its authority. Presently, the state board is charged with formulating education policy in grades K-12 and in post-secondary education. The chairman of the state board is adamantly opposed to the basic thrust of reorganization. Of course this should be expected. He claims that education is unique among government activities. He may be right. I do not know. But clearly the board is not providing the necessary leadership in the area they are charged with, to develop policy.

However, that, in and of itself, does not mean that we should throw out the baby with the bath water. Presently, I lean a bit towards abolishing the board,

The House had a budget hearing for the whole House. They went through the budget line-by-line. What a drag. I know that is a horrible thing to say, but that is the brutal truth from my perspective.

Had a meeting with a young man who is looking for a job. The first thing I said was, "If you find one, let me know where and if they are hiring any more people." Obviously, he is not familiar with the House and our ability to find jobs. There are probably more unemployed people in the NH House, qualified people unable to get jobs in respective fields, than in any other state legislature.

Not much happened today. Everybody is looking forward to Easter vacation. However, those of us in the majority who have not committed to the budget received invitations to get our arms twisted on the Governor's budget. And twist they will, too.

"Dear Freshman Representative: Please join Governor John Sununu and Speaker John Tucker at an informal coffee to be held in the Executive Council chambers off the Governor's office on Tuesday, April 5th from 8:30-9:00 am. The Governor and the Speaker will be happy to brief you on the budget and answer any questions you might have."

I've made good friends with the girls who work for the Sargent of Arms. They work on the floor during the session handing out messages to the Reps. They said about twenty of us received the same note from the Speaker and Governor. I wonder how much pressure they will apply. The arguments from both sides lack one very important element: honesty. They figure out where they think you stand and develop their arguments, accordingly. People have pegged me as a broad-based tax supporter.

So, both sides argue that their position will force the tax issue. If we vote it down, there will be utter chaos. If we pass it, there will be a 60-million-dollar deficit. If we vote it down and services are cut to people in need, they will wake up and scream for a broad-based tax. If we vote in the budget, people will have heart attacks over the deficit and the clamor for a tax will echo through the hallowed halls of the State House.

One side wants to discipline the people and the other wants to scare them to death. I guess I would rather scare them to death over the size of the budget rather than take away needed services. So, I will vote for the Governor's budget, and he will have wasted some cheap coffee and stale donuts on this Freshman Representative.

Tomorrow, I will give a lecture to a high school class at Plymouth High on the executive process in government. My remarks will focus on different executive models and the implications associated with each executive structure. I'll be giving the same lecture in Concord on April 9th before a group of high school students who will assume the roles of Governor and Council and both houses of the legislature for one day. That ought to be fun.