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High court decision leaves $110m budget hole

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By TOM FAHEY
State House Bureau Chief

The New Hampshire Supreme Court today dealt a blow to the state budget by upholding a lower court decision that denied the state access to $110 million in medical malpractice funds.

New Hampshire Supreme Court decision

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YOUR COMMENTS


I have a radical "NEW" idea! Voluntary taxation through expanded gaming. HAS IT DING DING DINGED YET!!!
- Greg Barrett, Manchester

The NH Court is so much better with Broderick. Remember Brock?
- Joe, Manchester

The fact that two judges went along with this theft isn't real surprising when you know who appointed them.

It was none other than Jeanne Shaheen.

Makes sense now, doesn't it?
- Paul, Fremont

As a NH resident, the thing that bothers me most about this High Court decision, is that two of the judges actually voted FOR the measure to steal surplus money from a private fund. Amazing!!
- Ron, Alton Bay

CAN WE GAMBLE YET?????????????
- frank, hampton

Is there a law saying you can't run a texas poker game in your own home Fred? How about black jack? You could buy a roulette wheel also. If so you should ask why?

Or is the state the only ones who can run gambling and take other peoples money?
- Deb, Derry

what the governor and legislature should have done is hire the directors of the JUA to manage state finances.
RLC
- Robert Chase, Manchester

First off, on the federal level, I don't understand how the economy is improving if the government is absolutely hemorrhaging money?

Now, the state isn't able to rob money from another fund? Shocking.

I've said it before, starve the government pig and it will squeal and shriek, but eventually it will shut up and shrink.
- Matt F, Center Barnstead

the state needs more money how about a new toll booth at mass line on both ends rt 3 and 93 wake up people mass does it to us pay back is well worth it
- jim, manchester

Well, I am assuming that the job I was recalled back into will be on hold that way John can conduct a third round of lay offs.
This really coincides well with the Governor's State of the State address where he stated "job creation is New Hampshires primary focus". I think the politicians are running the state splendedly. I could be a politician. All I would have to do is spend too much and then put it on the tax payers backs by raising taxes, and then lay those same tax payers off. That is ingenious.
Another A+ for fantastic democtratic leadership. Good luck to all of us, who will have to deal with these lost soles for politicians for another year and a half.
I doubt we will see gaming open in this state we are most likly to endure more lay offs and when that doesn't work they still won't vote gambling in. NH is definately on track to have its economy jump started now. NOT!
- Joe, Manchester

Don't worry they're already working on finding that money -here's a few topics I found while looking for a specific topic on the legislative calendar.
1. They are poised to make all license plates of 5 numbers or less VANITY plates subject to extra tax. Now, I have a 5 digit plate - it was a NH GOVERNMENT ISSUED PLATE - I've had it for years - Now they want to tax what they issue? (SB451-FN)
2. They want a special license (read fee/tax) on people who market cooked lobster tails - complete with delineators for the length and width measurements and how it is cooked.
3. then there's the "exotic game license" (HB1317FN) for taking Bison and Boars - now, I only know of one place in NH where you can do that and it's private preserve in Croyden - oh well, another a few bucks here.
4. Then there's the bill to develop criteria for Home Inspectors to develop Home energy audits - HB1471 - for what? so they can mandate every homeowner has to meet the criteria or pay up? NANNY STATE WATCH ON THIS ONE FOR SURE.
This is just a few of many new taxes and fees being looked into - gotta make up that 100M someplace you know.
- Sandy, Thornton

Well John, you got what you wanted... lets make the cuts in the discretionary expenditures. The Courts will also find that the retroactive six months on the LLC inclusion under Dividends & Interest is unconstitutional under Part First Article 23... so that should allow another five million or more to be cut.
How long before both parties in the Legislature realize that cuts to municipal transfers, and other 'sacred' programs/departments will be made... regardless of their 'desires'.
- John Edward Mercier, Belmont

Finally some common sense from our courts.

Now Democrats and Republicans stop spending, stop growing government, and stop taxing us in to poverty. If you can't manage the beast you created with our bad choice of leadership let us the people decide how much of the beast we can live without. Since you know and try to tell us what we should all eat and drink let us trim the fat you are so concerned with.

No money, means no new hiring, no new possitions created for political favors, and certainly no new pention plans we have to pay for even when the new ones get added on. I for one can live without half of government since I can't recall what parts I actually use, and I would only imagine with half of it gone it would mean half of the red tape that stiffles jobs and manufacturing will be gone with it.

Now my concern is why two judges would not stand up for the people and help stop this out of control regime in its tracks. Their own parents must have rewarded bad behavior I figure.
- Deb, Derry

Anybody think our stupid politicians will cut spending. Never mind thats kind of a stupid question.
- Bob, Salem

"A budget is not a static instrument"...spoken like a true liberal...of course, even though most taxpayers a have static incomes, shouldn't prevent the liberal left from creating more fees and taxes...what a buffoon!
- Fred Leonard, Rochester, NH

Rich, the democrats in NH have been in office for THREE years and the state general budget has been increased by 25% in that time. Don't try to lay this current imbalance on Republicans.....Recovering? Then why did we (NH) have to take almost 80 million dollars from our "rainy day fund" to close the books on 09--which the Governor "claimed" was balanced?
So now, while we are ALREADY in the red based on projections, we just discovered that the $45 million for 10/11 the Governor/Democrats wanted to steal from the Docs fund won't be available for them to raid. Where is the PLAN B?
Watch him try to somehow take it out of the hides of hard working people, our small businesses, or our state workers instead of having been able to control spending.
- Fran, New Hampton

Do you think the Supreme Court Decision to have furloughs for their employees had anything to do with their ruling that the state was not getting this money because of their ruling.
- Peter, Manchester

The New Hampshire Supreme Court did the right thing.

The democrats who created the last two budgets are now looking for any money they can steal to continue with their spending ways. naturally there are those who will not like that but too damn bad!

Shrink the size of Government to match your budget.
- John D, Danbury

Rich from Manchester,

Quoted from this very rag on July 2, 2009:

Last week, Superior Court Justice Kathleen McGuire determined that the JUA is not a state executive branch agency, as Attorney General Kelly Ayotte had asserted in an opinion requested by Lynch when he initially sought to claim the funds.

So yes it WAS Ayotte
- Tom, Manchester

I have a simple solution to the resulting budget problem. Shrink goverment to match your revenues. It's what I have to do in my household.
- Lou, Bedford

Rich from Manchester nice try to pass the buck. Newsflash, the last two NH budgets were written and passed by the NH Democrats.
- Don R, Exeter, NH

Two judges think stealing is OK? Obamania at work, I guess.
- Leo, Canterbury

Just a note about the title - "High court decision leaves $110m budget hole".
It wasn't the high court decision that did this; this is a direct result of having the most inept political class this country and state have had for the last couple hundred years.
- Mike Duggins, Londonderry

I love how all these idiot politicians think they can spend, spend, spend and then take money that doesn't belong to them.
Lynch is just like all the rest of them- they think they can spend their way into prosperity. What morons.
Remember when Obama made that smart alec comment about "stimulus means spending and what did the reps think it meant"? Guess he's finding out it isn't working.
The more you tax the people, the less they have to spend into the economy.
Let's hope November comes quickly before they do anymore damage.
Oh and guess what the highest selling language lesson is right now? Yep- Chinese.
- Pauline, Franklin

To Mike in the Prehistoric District:
Please try and remember that an attorney has an ethical obligation to zealously argue her client's case even if she personally disagrees with the client's position on an issue. As Attorney General, Ms. Ayotte's client was the State of New Hampshire, represented by the Governor. From what I know of Ms. Ayotte, I find it highly unlikely that she personally agreed with Gov. Lynch's decision to raid the JUA fund. She was simply just being a good attorney - arguing her client's case.
- Mike, Bedford

Theft is still illegal? Wow, who woulda thunk it?

And no, Mike in Bedford, this wasn't Ayotte. Nice try.
- Rich, Manchester

Response from the Concord Monitor

Retrospective Law ?
New By Libertarian Ken... on Thu, 01/28/2010 - 09:25
December 9, 2009

County Attorney Rogers,
We the under signed are presenting you with the following information in the hope that you will bring the issues before a grand jury seeking an indictment of Secretary of State William Gardner for violating his oath and RSA 655:45. This caused irrefutable injury by invoking a law retrospectively. A time line is listed below with supporting documentation attached. The enactment of retrospective law is about time. In this case, a very large hole was created in the election process for third parties that can never be restored.
See wwwkblevens.org

Libertarian Ken Blevens
- Libertarian Ken Blevens, Bow, NH

We once had a great and free state (and nation for that matter). Please change our state motto, it is no longer relevant. We are bankrupt, just like the rest of the states and especially local cities and towns. Check out: US National debt clock real time. The US hay day is over...
- Kevin, Portsmouth, NH

Sell the liquor commission to private industry.......do away with the stupid regulatory unit and the state will make so quick cash!
- Dave, Portsmouth

Fred,

He got this advice from the leading republican candidate for Senate, the former AG.
- Mike, Salem

CAN WE GAMBLE YET?????????????
- frank, hampton

If Governor Lynch does not have a plan B to announce by the end of the day, he should be sent to bed with a spanking. He already learned his lesson today that it is wrong to try steal other people's stuff.
- Glen, Manchester, NH

Mike, Bedford I think its the new AG that advised the Governor. Either way we need Lynch out. We'll never really know anything, Hodes and Lynch keep everything a secret.
- Jim, Auburn

It was Kelly Ayotte who recomended stealing this money and it will haunt her for the rest of her career.

Kind of fishy if you ask me a week after recomending Lynch unlawfully claim these funds, she stepped down from the role.
- Chris, Bow

Now that its official, lynch can't steal the money. I would have thought over the past couple of months he would have had a plan B or plan C, to fall back on. Instead he wants to increase benefits, send unemployed people to training, and make new fee's or increase taxes. But won't control spending. Lynch must be taking notes from Obama, lets spent our way out of a recession.
- Craig McIntosh, Allenstown

It simply thoroughly disturbs me that the governor thought he could steal money from a private bank account to cover his irresponsible spending spree. It disturbs me further that two of the five Supreme Court justices agreed with him. Thank God reason prevailed in this case. I hope the governor, and the people of New Hampshire, have learned their lesson. It's time to elect people with leadership skills and common sense who know that government should cut spending during a recession, just like everyone else.
- Andrew J. Manuse, Derry, NH

Democrat stewardship of the state's finances has been an unmitigated disaster. This court ruling highlights that. And the Governor claimed this budget was "balanced". What an absolute joke.
- Mark, Amherst

Wasn't it then A.G. Kelly Ayotte who advised the Guv that this scheme was constitutional? What a great legal mind she has...should fit in perfectlly with the rest of the U.S. Senate!
- Mike, Bedford Prehistoric District

Our leaders in local, state, and federal governments need to go back to the basics and realize that balancing budgets means spending less, rather than finding creative (i.e.- dubious) ways to finance things.

Budgeting has been done in a very backwards manner. Instead of totaling up how much money is needed, it should be done like every (fiscally responsible) household does it and spend less than the income available. The tail wagging the dog is not sustainable long term.
- Frank, Bedford, NH

past 8 years with Republicans ruling = disaster.

past year (1) with Democrats ruling= slowly but surley recovering.

Now do us all a favor and do not mention how Democrats are ruinging this country when it was ruined in the first place by a Republican. Drop the party affiliation crap and look to solving problems, not pointing fingers. The peopel who affiliate and point figures show how unintelligent they are. They are unable to transcend from an immature affilation and deal witht the problems at hand, a prime example is Sam's comment from Concord. Your comment shows what little logic you have. Stop pointing and start doing you twits.
- Rich, Manchester

***SARCASM ALERT***
NH General Court Democratic Caucus:
How can the state government survive this blow???? I know, let's increase the LLC tax from 5% to 20%. That oughtta do it (and let's pass that at 3am 'cause they're watching us at 1am now.)

***END SARCASM ALERT***
This has been a test of the DRA collection system. Had this been an actual emergency instead of a fabricated one, you would have been instructed where to unload all your business profits for redistribution.
- Whitey, Strafford

"The court concluded that the state budget law was unconstitutional because it retroactively changed terms of existing malpractice policy contracts." This is kind of the issue at hand with the LLC tax. If the supreme court in this case ruled against retro active laws, then they must rule against the new LLC tax, to do otherwise would be hypocritical and would show the people of this state that no one has their backs. Let's raise awareness at the unfair pracitices the state is instituting to try and fix their over spending issues. We have an axe, use one and cut some of the waste. We turly do not need all the services the state spends/wastes money on.
- Jim, Manchester

what new tax will lynch and the others impose on the people know??? obama said last nite he was going to give tax relief to small business, i wish lynch would do the same, but once they impose a tax like the llc tax it will never go away. maybe they should focus on what rep.leader peter bragdon of milford said ''control spending''
- glen, wentworth

It's amazing that two judges thought it was legitimate for the legislature to raid this fund, and that only one judge had to flip to change the ruling. However, if you think your property (including trusts) is now safe, watch what the legislature does now. As their federal counterparts say, "Never let a crisis go to waste."
- Spike, Brentwood NH

Here we go again, overspending and overreaching into others pocketbooks is no way to run a government for the people. This state is going to swing back to the republicans because the democrats have not been good stewards with our money. Spent much; accomplished little.

By the way, is it the same Senator Carson who wrote so pointedly about Rep. Shea-Porter a couple of days ago the same person who wrote the editorial on October 15th in the Concord Monitor (sorry UL but that’s were I read it) about why raiding this trust fund was not only wrong but also unnecessary? She warned Governor Lynch to have a Plan B; I hope he took that advice.
- Donna, Manchester

Where does our Governor get his legal advice? Oh wait from our new Attorney General. And the President wonders why people have lost their confidence in our politcs.
- Fred, Concord

Welcome to Democrat NH. They leave our state hoping for the supreme court to rule on our future. What a joke. Vote Lynch, Hodes, Porter, and Shaheen out of office and get some people with a brain to run the show.
- Sam, Concord

Good. Start repealing rules meant to enrich certain business groups under the guise of helping. Then abolish those agencies and fire their "highly compensated" staff! This state is rivaling Massachusetts in regulation of the public and driving the people's cost of living , through the roof!
- Steve, Raymond

Let's all just hope the High Court votes against a 1000% increase in medical malpractice premiums for doctors and hospitals.

...the costs of which will be passed directly to consumers and small businesses via massive health insurance increases. Tax and spend baby...
- Chuck, Chester

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