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Tom Fahey's State House Dome: Caylee Anthony’s death spurs NH response






Sen. David Boutin, R-Hooksett, is working on a New Hampshire version of what is being called Caylee’s Law, in honor of the victim in the high-profile Florida murder case against Casey Anthony.

Anthony’s daughter, Caylee, had not been seen for a month before her mother reported her missing.

Boutin wants to make it a felony for a caregiver to fail to report a child missing. He said details have to be worked out on how long a child must be missing, the age to which children will be covered by the law and other details.

At first review, it appears that state law does not address such situations, Boutin said. Similar efforts are moving forward in at least six other states.

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There may yet be ink in the veto pen.

Gov. John Lynch has vetoed nine bills so far. Another stack of 31 bills landed on his desk Friday, including a revision of the state’s deadly force bill.

The bill expands the Castle doctrine on self-defense, in which a person can use deadly force in one’s home, to include any place a person has a right to be. The idea is called the “stand your ground’’ policy in other states that have adopted it.

The state Association of Chiefs of Police and the New Hampshire Sheriff’s Association have asked Lynch to veto Senate Bill 88. They argue it raises the risk of “deadly encounters in public places.’’ The bill also blocks lawsuits by an aggressor who is injured in a self-defense confrontation.

It also contains the so-called Ward Bird provisions, which removes from the definition of criminal threatening the mere display of a firearm. Bird was jailed for displaying a gun while trying to chase off a trespasser.

Chiefs Association President Robert Wharem and Sheriff’s Association President Craig Wiggin wrote that the bill allows use of deadly force “in any public place, such as a grocery store, a mall, a school, an airport or a roadway.’’ It allows its use even when a person can safely avoid a confrontation, they said.

Deadly force should be permitted “only in those situations where there is no reasonable alternative,’’ they wrote. They noted that people can already use deadly force if it is about to be used against them or another.

Boutin, prime sponsor of the bill, said their opposition doesn’t surprise him.

“We heard it all during our public hearing,’’ he said. “They’re implying that we are going to have some kind of wild, wild West here in New Hampshire, and it’s just not rational.’’ People have a right to protect themselves and should not be forced to retreat from a deadly encounter, he argued.

Lynch’s deputy chief of staff, Pamela Walsh, said the governor “will be reviewing the legislation carefully. He has strong public safety concerns, as do members of law enforcement.’’ Even if Lynch does veto the bill, it had such strong support in both the House and Senate that it is likely to eventually become law.

The Senate voted, 17-7, to pass the final version of SB 88. The House voted, 283-89. Both votes were safely over the two-thirds ratio it takes to override a veto.

This would not be the first time Lynch vetoed a deadly force expansion. He vetoed a similar bill in 2006. Then-Attorney General Kelly Ayotte and others in law enforcement opposed the bill, with Ayotte saying that existing law works fine. Lynch’s veto then stood up to an override attempt.

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New Hampshire’s smokers didn’t get much of a break. Sure, the state’s tobacco tax was cut by 10 cents on July 1. But last week, three major tobacco companies raised their prices by 9 cents a pack.

Lorillard, RJ Reynolds and Altria Group, which owns Philip Morris, all pumped up prices this month.

The increases basically offset the tax break the state passed. But since cigarettes are priced nationally, the state still gains a 10-cent-a-pack advantage over neighboring states, from which it hopes to draw more shoppers.

If tobacco revenues fall off during the next two years, the tax rate will go back up a dime to $1.78 cents a pack, which would still be lowest in New England.

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Rep. Marjorie Porter, D-Hillsborough, is still upset by cuts the Hillsborough County delegation made to the county budget. The cuts involved layoffs of about 50 workers, including nursing home and county jail staff, although the county had a healthy budget surplus.

What really bugged Porter, she said on her Facebook page, was that after cutting more than $7,000 from Meals on Wheels and rejecting a nursing supervisor raise, lawmakers insisted on paying themselves about $4,500. That included $20 each for attending the meeting and their mileage.

Rep. Patrick Long, D-Manchester, made a motion to forgo the mileage and fee, but it was rejected nearly out of hand. “I saw a few leaders shake their heads ‘No,’ and the vote was taken,’’ he said.

Rep. Neal Kurk, R-Weare, argued briefly against Long’s idea. He said the delegation cut its meeting pay from $25 to $20 in December.

“I pointed out that we had taken a 20 percent pay cut at the beginning of year because we knew things would be tough and we wanted to set an example,’’ Kurk said.

Long still thinks the 80 or so lawmakers should have waived payment.

“Are we saying it was a 20 percent cut to make it sound like some big sacrifice? It’s five dollars. Come on,’’ he said.

Tom Fahey is State House bureau chief for New Hampshire Sunday News and New Hampshire Union Leader. E-mail him at tfahey@unionleader.com.

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