Wednesday, March 14, 2012 · House · 16 positions
- Pro-libertyCACR 8relative to education. Providing that the legislature shall have the power to authorize schools.
Why
This amendment would clarify local control of the curricula, and also provides that the State may supplement the local funding of schools.
* Consistent with Part 1, Article 6 of the NH Constitution, the constitutional guarantee of independence from State interference in our schools, whether public or private.
* Allows the State legislature to supplement the educational provisions made by the towns and cities, resolving the Claremont crisis. This removes the Court from school funding and allows the Legislature to determine the amount of supplementary funding that is needed by individual towns and cities. - Pro-libertyHB 1303amending certain requirements to obtain a local vendor license.
Why
This bill would repeal the requirement to obtain a federal background check.
* Equal application of the existing law would require girl scouts selling cookies to submit to a criminal records check and fingerprinting.
- Pro-libertyHB 1308relative to the definition of "public body" under the right-to-know law.
Why
This bill would require that publicly-funded organizations are subject to the right-to-know law.
* Money taken in taxes still rightfully belongs to the people and they have a right to know where it goes.
* A number of non-profit organizations have been set up by government agencies so that public money can be hidden from public view and spent without oversight. - Pro-libertyHB 1416-Lrelative to a required fluoride statement.
Why
This bill would require notice be made of the addition of fluoride to the public water supply.
* People have the right to know what anyone is putting into their drinking water.
- Pro-libertyHB 1418-FN-Aincreasing the threshold amounts for taxation under the business enterprise tax.
Why
This bill would reduce taxes for small NH businesses.
* Decreasing taxes allows private companies more control over how to spend or reinvest their profits.
* It is estimated that every dollar taken in taxation removes 2.5 to 3 dollars from GDP. Lowering taxes is the best economic stimulus.
* Businesses do not in fact pay tax levied on them, they just pass it on to consumers in the form of higher prices, smaller sizes, or lower quality. - Pro-libertyHB 1438relative to confidentiality of police personnel files.
Why
This bill would require NH police to disclose exculpatory evidence.
* NH Const., Part I, Article 15. [Right of Accused.] Every subject shall have a right to produce all proofs that may be favorable to himself [...]
* NH Const., Part I, Article 8 [Public’s Right to Know.] [...] To that end, the public’s right of access to governmental proceedings and records shall not be unreasonably restricted.
* This bill adds one sentence to RSA 105:13-b [Confidentiality of Police Personnel Files] "Nothing in this section shall be construed to limit a defendant’s right to obtain exculpatory evidence."
* Ensures that innocent NH citizens are not jailed because law enforcement officials choose to hide exculpatory evidence in their personnel records. - Pro-libertyHB 1440relative to driver education.
Why
This bill as amended with the minority amendment, would allow parent directed driver education.
* Expands driver education options for NH parents.
* Allows students and their parents a choice of affordable driver's ed via online training and parent-provided behind-the-wheel training vs. expensive ($600-$900) traditional driver's ed training.
* Brings competition into the driver education marketplace which will improve the driver education industry in the state.
* Increases the number of teens who are able to enter the job market since low-income teens will be able to afford driver education and will be able to get their license at age 16 instead of being forced to wait until age 18.
* Makes our roads safer by allowing teens to begin driver education as soon as they begin practicing driving with their parents, at age 15-1/2.
* NAY on #2012-0968H
* YEA on #2012-0645H - Anti-libertyHB 1478relative to the definitions of resident for motor vehicle law purposes and domicile for voting purposes and relative to vehicle registration and driver's license requirements.
Why
This bill would redefine election law residency through motor vehicle statues.
* Violates Part 1 Article 11 of the NH Constitution - "All elections are to be free, and every inhabitant of the state of 18 years of age and upward..."
* A motor vehicle registration has no bearing on a person's place of residence. To pretend otherwise ignores the constitutional right to vote and would lead to great inconvenient, bureaucracy, and selective enforcement of voting laws.
* Current law defines domicile for the sole purpose of insuring that voting is equally protected for all citizens. - Anti-libertyHB 1492-FNrequiring employers to verify an employee's eligibility to work in the United States.
Why
This bill would compel businesses to use the voluntary federal E-Verify system.
* Citizens and legal residents should not be required to obtain a permission slip to work.
* This legislature is responsible for determining labor law in New Hampshire, it should not surrender that responsibility to the federal government.
* E-Verify lacks meaningful due process protections. Workers injured by data errors will need a means of quickly and permanently resolving data errors so they do not become presumptively unemployable.
* The Social Security Administration itself reports that approximately 17.8 million of its files contain incorrect data, 12.7 of which concern U.S. Citizens. - Pro-libertyHB 1531-FNrelative to prosecution for victimless crimes.
Why
This bill would create an affirmative defense to any felony or misdemeanor victimless crime.
* NH Const. Part 1. Article 3. [Society, its Organization and Purposes.] When men enter into a state of society, they surrender up some of their natural rights to that society, in order to ensure the protection of others; and, without such an equivalent, the surrender is void.
* A crime that does not have a victim does not protect anyone person's rights. A person cannot surrender his right to engage in a victimless activity when the legislature's enactment does not protect him.
* Reducing sundry offenses conserves valuable judicial resources, minimizes waste in the judicial branch budget, and reduces case backlogs in the courts (because criminal cases have calendar priority over nearly all other cases). - Pro-libertyHB 1549prohibiting the adoption of a requirement that employers participate in the E-Verify system and the use of motor vehicle records for the E-Verify system.
Why
This bill would prohibit the requirement for employers to participate in the E-Verify system.
* Forces citizens and legal residents to get a permission slip to work. Expanding E-Verify would require every employer in the United States to verify the eligibility to work of every current and prospective employee using a flawed system that is riddled with errors. This will guarantee that millions of Americans will be barred from working.
* Relies on error-ridden government databases.
* All pending legislative proposals lack sufficient due process provisions to aid workers who are wrongly denied the right to start their next job. - Pro-libertyHB 1617-FNrepealing the certificate of need law.
Why
This bill would disband the Certificate of Need board.
* Certificates of Need boards were mandated of the states by unelected officials in the Social Security Administration under Section 1122 of the Social Security Act. Titled "LIMITATION ON FEDERAL PARTICIPATION FOR CAPITAL EXPENDITURES" it threatened to withhold statewide funds for "HEALTH INSURANCE FOR THE AGED AND DISABLED" and "GRANTS TO STATES FOR MEDICAL ASSISTANCE PROGRAMS" without a CONs planning board, and promised funds to create such a board.
* It is contrary to the entire human experience that an increase in the supply of a good leads to increases in price and demand for that good. Supply and Demand are inversely proportional, and pricing is related to the subject value.
* NAY on 2012-0955H - Pro-libertyHB 1645-FNprohibiting all public employees from participating in collective bargaining.
Why
This bill would prohibit collective bargaining for state employees.
* The general treasury should be guarded by our representatives, not defended as a prize for certain groups of citizens at the expense of others.
* Tax dollars taken from the many and distributed to the favored few does not create wealth. Such transfers can not be considered as supportive of a middle class. - Pro-libertyHB 1674-FNreducing the interest rate on late and delinquent property tax payments, subsequent payments, and other unpaid taxes.
Why
This bill would allow towns to reduce the rate of property tax interest.
* Property owners are compelled to pay property taxes, their delinquency fees need not also be extortive.
* It is hypocritical for someone to be opposed to high rates of interest on short-term loans; yet support usurious interest rates if someone is unable to pay their property tax.
* Private banks are currently charging 10% interest on uncollateralized personal loans with the risk of non-repayment. 18% is outrageously profitable for an organization that can place liens, confiscate real property, and eventually jail the debtor for non-payment. - Pro-libertyHB 1677relative to choice as to whether to join a labor union and eliminating the duty of a public employee labor organization to represent employees who elect not to join or to pay dues or fees to the employee organization.
Why
This bill would remove state coercion from future collective bargaining agreements.
* Makes explicit that collective bargaining agreements shall be a voluntary contract between all individuals, employees and employers.
* Imposes upon the employer to present notice to employees. This is as unwarranted and intrusive nuisance to businesses. - Pro-libertyHB 1695-FNincreasing certain speed limits.
Why
This bill would increase the allowable threshold for victimless speeding.
* Responsible drivers should not have to feel like criminals while commuting to work a little late and a little fast.
* Could put up to $8.9 million back into commuter's pockets.
Thursday, March 8, 2012 · House · 18 positions
- Pro-libertyCACR 8relative to education. Providing that the legislature shall have the power to authorize schools.
Why
This amendment would clarify local control of the curricula, and also provides that the State may supplement the local funding of schools.
* Consistent with Part 1, Article 6 of the NH Constitution, the constitutional guarantee of independence from State interference in our schools, whether public or private.
* Allows the State legislature to supplement the educational provisions made by the towns and cities, resolving the Claremont crisis. This removes the Court from school funding and allows the Legislature to determine the amount of supplementary funding that is needed by individual towns and cities. - Pro-libertyHB 1297relative to health care exchanges.
Why
This bill as amended, would prohibit the implementation of a state health insurance exchange under Healthcare Reform.
* Healthcare Reform is a federal government takeover of health insurance that forces citizens to buy health insurance and manages health coverage decisions centrally via a federal bureaucracy.
* Imposes new unfunded mandates onto the State of New Hampshire and its citizens.
* If New Hampshire creates a state exchange, the state will have voluntarily accepted the unconstitutional terms of Healthcare Reform.
* By prohibiting the establishment of a state health insurance exchange, New Hampshire is contributing to a national 10th Amendment effort that forces the federal government's hand. - Pro-libertyHB 1318relative to carrying firearms.
Why
This bill would allow people to arm themselves for defense without government permission.
* Vermont never licensed the carrying of firearms. Arizona, Alaska, and Wyoming have all removed the requirement.
* Statistically, the sort of people who carry guns have a crime rate that is 1/100th of the population at large.
* Laws only affect the law-abiding and criminals arm themselves without government permission. - Pro-libertyHB 1348relative to playing mind sports for money.
Why
This bill would allow individuals to play mind sports for money.
* Playing games that harm no one should never be a crime, regardless of incentives.
* Defines certain parimutual (collectively pooled winnings) based games that are predominantly skill based to be excluded from RSA 647:2, V [Gambling Offenses].
* Eight friends can finally - legally - sit around a table and just play a game of poker. - Pro-libertyHB 1449requiring a search warrant for searches of privately-owned property.
Why
This bill would require a search warrant for searches of private property.
* NH Const., Part I, Article 19 and U.S. Constitution, Amendment IV require warrants for the search of private property.
* The requirement of a warrant, and the definition of an acceptable warrant, is the balance between the rights of the individual and the interest of the broader public. - Pro-libertyHB 1468relative to seizure of personal property.
Why
This bill would prohibit the police from seizing personal property without a warrant.
* NH Const., Part I, Article 19 and U.S. Constitution, Amendment IV require warrants for the seizure of private property.
- Pro-libertyHB 1511relative to felons possessing firearms.
Why
This bill would reduce the list of prohibited weapons a felon may possess.
* According to our Constitution, the purpose of all criminal punishment is to reform a person. But once a person has repaid his debt to society, the law should - for nearly every purpose - consider him citizen in good standing.
* So many acts are now felonies, some scholars estimate the average citizen unknowingly commits three felonies each day. Most of those felonies are not crimes of violence, but crimes against bureaucrat's personal opinion.
* The constitutional right to self-defense (NH Const., Part I, Article 2) is one of the most important acts. Even a reformed felon - who may have been out of prison for decades - should be able to protect himself and his family from criminals when in his own home.
* Prosecution falls disproportionately upon minorities, especially for non-violent consensual acts which have been classified as 'felonies'. - Pro-libertyHB 1526decriminalizing possession of less than one half ounce of marijuana.
Why
This bill would reduce the penalties for possessing less than 1/2 ounce of marijuana.
* Marijuana possession does not offend society as a whole, and should therefore not involve the criminal justice system - and all the serious, unintended consequences for both the accused and the taxpaying public.
* Instead, simple possession should be treated as public health issue (as with alcohol or tobacco). It is more appropriate to discourage simple possession with a citation and a fine rather than with a criminal conviction and prison time.
* Shifting police focus from non-violent activities will afford police opportunities to focus on serious crimes that actually threaten public safety. - Anti-libertyHB 1532-FNrelative to trespass on land which is not posted.
Why
This bill would grant officers with "probable cause to suspect" criminal activity unlimited access to private property.
* The US 4th Amendment and the NH 19th amendment define warrants and prohibit searches without them.
* The requirement of a warrant, and the definition of an acceptable warrant, is the balance between the rights of the individual and the interest of the broader public. - Pro-libertyHB 1549prohibiting the adoption of a requirement that employers participate in the E-Verify system and the use of motor vehicle records for the E-Verify system.
Why
This bill would ban any future requirement that employers vet employees via E-Verify.
* The NH Constitution does not provide requirements or grant authority to regulate the eligibility of residents to work on Federal Laws.
* This was initially proposed as a purely-voluntary system for employers but, because voluntary take-up was insufficient to sustain the Federal budget, the program has been mandated for many classes of employer.
* The passage of this law will not prohibit private employers from voluntarily using the E-Verify system.
* Free people should not need the Federal government's permission to earn a living. - Anti-libertyHB 1590requiring the disclosure to patients and prospective patients of the charges for medical procedures.
Why
This bill would require additional mandates in NH businesses.
* Government should not put mandates on private businesses. Presently, these businesses provide this information when asked.
* It is unrealistic for anyone to create a written estimate for a patient who has not yet been seen by the provider. In situations other than routine services or tests, a provider would have no way of determining the course of treatment for a patient based on a phone conversation. An auto mechanic will not do this for anything other than routine service for a vehicle without first seeing and assessing the condition of the vehicle.
* If there was a market demand for this, the market would produce it. It follows that when there is a market demand for this in the future, the market will produce it. - Pro-libertyHB 1605-FNrelative to checking firearms at courthouse entrances.
Why
This bill is relative to checking firearms at courthouse entrances.
* Objects left in cars are prone to being stolen, it would be a better practice to provide secure storage.
* If a place deprives you of your tools of self defense, they ought to take responsibility for storage.
* Is there something wrong with the existing storage lockers provided for Law Enforcement Officers that make them defective for civilian firearms? - Pro-libertyHB 1651-FNrequiring the division of state police to equip special weapons and tactics (SWAT)units or teams with tactical cameras.
Why
This bill would require a video recording of S.W.A.T Operations.
* S.W.A.T. (Special Weapons And Tactics) operations are the very edge of the sword of justice. No one can claim that any person could recollect with certainty what occurs during a surprise forced entry, especially if shots are fired.
* Requiring an accurate record where lethal force provides a method to review, refine, and judge such deployment in the future. This increases the safety of both officers and citizens.
* Weapons carried by S.W.A.T. officers are different in design and intent than defensive sidearms. Accommodations for additional equipment can be done in an unobtrusive manner.
* Small, uncomplicated, and relatively inexpensive cameras thus attached would satisfy the requirements of this bill. - Anti-libertyHB 1676-FN-Arelative to campaign contributions and expenditures.
Why
This bill would set up a "clean election" fund.
* Using tax dollars to fund electioneering, thereby forcing tax payers to financially support candidates they will not vote for, is an improper use of government funds.
* Candidates with ideas that resonate with voters are able to fundraise effectively.
* Setting up a fund that can have a balance of up to $6,000,000 if not necessary or prudent in any economic environment. - Pro-libertyHB 1696-FNlimiting the offense of speeding to cases resulting in property damage or personal injury to another and excluding speeding offenses from the habitual offender status.
Why
This bill would limit penalties for victimless speeding.
* Supports Article 18 Part 1 of the NH Constitution: Penalties to be Proportional to the Offense. The punishment for speeding that causes no harm is too steep. Monetary fines and the threat of habitual offender (leading the the loss of driver's license) are too harsh.
* Responsible drivers should not have to feel like criminals while commuting to work a little late and a little fast.
* Would put $8.9 million back into commuter's pockets. - Anti-libertyHB 1699-FNrelative to driving under the influence of drugs
Why
This bill would expand prohibitions on drivers to include all chemical substances, whether natural or synthetic.
* This bill will markedly increase state, county, and local expenditures per fiscal note.
* Without definitive tests and scientifically based maximum acceptable levels for the thousands of substances that would fall under the purview of this bill, this bill is virtually unenforceable and subjective.
* For example, an individual taking products that contain an anti-histamine (Benadryl and OTC cold medications) can be considered under the influence as these can impair driving. This would be sufficient grounds for bio-invasive tests of any or all of any combination of the following: blood, urine, or breath. If arrested, this could result in DUI charges. - Pro-libertyHB 1700repealing licensing requirements for money transmitters
Why
This bill would repeal licensing requirements for money transmitters.
* Licensing of money transmitters in New Hampshire is a redundant burden. No substantive security benefit is enjoyed yet local businesses assume thousands in compliance costs, lawyer's fees, uncertainty, and opportunity costs.
* This bill opens up competition and enables companies working with new payment technologies to locate and thrive in New Hampshire. - Pro-libertyHB 1713abolishing the department of education and transferring all functions, duties and responsibilities to the commissioner of education and the state board of education.
Why
This bill would transfer education functions from DOE to State BOE.
* Eliminating the state DOE allows more local control to meet the needs of individual communities and removes mandated uniformity that stifles school competition and solutions that are unique to each SAU.
* The Office of Commissioner stays intact to handle critical functions of the state education system while cutting out many layers of needless bureaucracy.
* The data collection will take place at the local (SAU) level instead of the state level.
* The state DOE encourages wasteful spending through its Bureau of School Approval and Facility Management.
* The Bureau of Credentialing would be removed. Teachers at private schools across the NH (as well as many other states) are not required to have state teaching credentials; they must have mastery of the subjects they teach. Instead, any additional professional credentials might be a competitive advantage for those individuals, but should not be required.
Wednesday, March 7, 2012 · House · 19 positions
- Pro-libertyCACR 11relative to terms for state judges. Providing that all state judges be commissioned for renewable 5-year terms.
Why
This amendment would add a renewable 7 year term to all future judicial appointments.
* This amendment would give the people of New Hampshire an effective method of judicial oversight.
* Our judges need to have more oversight than what the current peer review system provides.
* As a reappointment requirement, this amendment preserves the firewall between the judiciary and outside influence. - Pro-libertyCACR 8relative to education. Providing that the legislature shall have the power to authorize schools.
Why
This amendment, which clarifies local control of the curricula, and also provides that the State may supplement the local funding of schools.
* Consistent with Part 1, Article 6 of the NH Constitution, the constitutional guarantee of independence from State interference in our schools, whether public or private
* Allows the State legislature to supplement the educational provisions made by the towns and cities, resolving the Claremont crisis. This removes the Court from school funding and allows the Legislature to determine the amount of supplementary funding that is needed by individual towns and cities. - Anti-libertyHB 1146requiring pupils to stand during the pledge of allegiance.
Why
This bill would require pupils to stand during the pledge of allegiance.
* Violates Part 1, Article 4 of the NH Constitution: Rights of Conscience Unalienable.
* Violates Part 1, Article 5 of the NH Constitution: Religious Freedom Recognized due to the words "under God". - Pro-libertyHB 1212relative to resisting arrest
Why
This bill would provide that resisting an unlawful arrest is not itself unlawful.
* The act of resisting arrest should not itself be a crime, unless the arrest is later deemed to be lawful.
* The existing infraction is self referential - resisting an unlawful arrest is itself an arrestable offense.
* Supports Article 10 Part 1 of the NH Constitution: Right of Revolution. The doctrine of nonresistance against arbitrary power, and oppression, is absurd, slavish, and destructive of the good and happiness of mankind.
* Upholds Article 19 Part 1 of the NH Constitution: Penalties to be proportional to offenses. - Pro-libertyHB 1244relative to firearms possession while trapping
Why
This bill would allow people who are engaged in trapping to carry a larger caliber firearm for personal protection.
* The clear language of this bill will permit defensive weapons to be carried by trappers while checking traps.
- Pro-libertyHB 1297relative to health care exchanges.
Why
This bill as amended, would prohibit the implementation of a state health insurance exchange under Healthcare Reform.
* Healthcare Reform is a federal government takeover of health insurance that forces citizens to buy health insurance and manages health coverage decisions centrally via a federal bureaucracy.
* Imposes additional costs onto the State of New Hampshire.
* If New Hampshire creates a state exchange, the state will have voluntarily accepted the unconstitutional terms of Healthcare Reform.
* By prohibiting the establishment of a state health insurance exchange, New Hampshire is contributing to a national 10th Amendment effort that forces the federal government's hand. - Pro-libertyHB 1318relative to carrying firearms.
Why
This bill would allow people to arm themselves for defense without government permission.
* Vermont never licensed the carrying of firearms. Arizona, Alaska, and Wyoming have all removed the requirement.
* Statistically, the sort of people who carry guns have a crime rate that is 1/100th of the population at large.
* Laws only affect the law-abiding and criminals arm themselves without government permission. - Pro-libertyHB 1348relative to playing mind sports for money.
Why
This bill would allow individual to play mind sports for money.
* Playing games that harm no one should never be a crime, regardless of incentives.
* Defines certain parimutual (collectively pooled winnings) based games that are predominantly skill based to be excluded from RSA 647:2, V [Gambling Offenses].
* Would effectively make it legal for 8 friends to sit around a table and play poker. - Pro-libertyHB 1449requiring a search warrant for searches of privately-owned property.
Why
This bill would require a search warrant for searches of private property.
* The US 4th Amendment and the NH 19th amendment define warrants and prohibit searches without them.
* The requirement of a warrant, and the definition of an acceptable warrant, is the balance between the rights of the individual and the interest of the broader public. - Pro-libertyHB 1452prohibiting the establishment of sobriety checkpoints.
Why
This bill would eliminate driver sobriety checkpoints.
* NH constitution Article 19, Part I states, "Every subject hath a right to be secure from all unreasonable searches [...]"
* The US constitution's 4th Amendment clearly prohibits blanket checkpoints, which are warrantless searches for unlucky travelers.
* The fact that police at checkpoints randomly demand papers arbitrarily from drivers prima facia shows that the constitutional command is not being followed. The legislature can curb this abuse. - Pro-libertyHB 1468relative to seizure of personal property.
Why
This bill would prohibit the police from seizing personal property without a warrant.
* The US 4th Amendment and the NH 19th amendment define warrants and prohibits searches and seizures without them.
- Pro-libertyHB 1511relative to felons possessing firearms.
Why
This bill would reduce the list of prohibited weapons a felon may possess.
* Upholds Article 2 Part 1 of the NH Constitution "All men have certain natural, essential, and inherent rights among which are, the enjoying and defending life and liberty: acquiring , possessing and defending property... ".
* Upholds Article 18 Part 1 of the NH Constitution "All penalties ought to be proportional to the nature of the offense."
* So many things are now technically felonies some have estimated that an average person can commit three felonies a day without even knowing it.
* Prosecution falls disproportionately upon minorities, especially for non-violent consensual acts which have been classified as 'felonies'. - Pro-libertyHB 1526decriminalizing possession of less than one half ounce of marijuana.
Why
This bill would reduce the penalties for possessing less than one half ounce of marijuana.
* In a free society, individuals should not be harshly punished for peaceful activities which do not harm others. Thus, it is more appropriate to punish simple marijuana possession with a citation and a fine than with a criminal conviction and possible incarceration.
* Modeled after laws in other states, this bill would help avoid the unintended consequences associated with marijuana prohibition. By reducing the extent to which an individual's life is disrupted by a minor marijuana arrest, it would reduce the expense of the criminal justice system and allow law enforcement to focus its efforts on serious crimes. - Anti-libertyHB 1532-FNrelative to trespass on land which is not posted.
Why
This bill would grant officers with "probable cause to suspect" criminal activity unlimited access to private property.
* The US 4th Amendment and the NH 19th amendment define warrants and prohibit searches without them.
* The requirement of a warrant, and the definition of an acceptable warrant, is the balance between the rights of the individual and the interest of the broader public. - Anti-libertyHB 1590requiring the disclosure to patients and prospective patients of the charges for medical procedures.
Why
This bill would require additional mandates in NH businesses.
* Government should not put mandates on private businesses. Presently, these businesses provide this information when asked.
* It is unrealistic for anyone to create a written estimate for a patient who has not yet been seen by the provider. In situations other than routine services or tests, a provider would have no way of determining the course of treatment for a patient based on a phone conversation. An auto mechanic will not do this for anything other than routine service for a vehicle without first seeing and assessing the condition of the vehicle.
* If there was a market demand for this, the market would produce it. - Pro-libertyHB 1651-FNrequiring the division of state police to equip special weapons and tactics (SWAT)units or teams with tactical cameras.
Why
This bill would require a video recording of S.W.A.T Operations.
* S.W.A.T. (Special Weapons And Tactics) operations are the very edge of the sword of justice. No one can claim that any person could recollect with certainty what occurs during a surprise forced entry, especially if shots are fired.
* Requiring an accurate record where lethal force provides a method to review, refine, and judge such deployment in the future. This increases the safety of both officers and citizens.
* Weapons carried by S.W.A.T. officers are different in design and intent than defensive sidearms. Accommodations for additional equipment can be done in an unobtrusive manner.
* Small, uncomplicated, and relatively inexpensive cameras thus attached would satisfy the requirements of this bill. - Pro-libertyHB 1696-FNlimiting the offense of speeding to cases resulting in property damage or personal injury to another and excluding speeding offenses from the habitual offender status.
Why
This bill would limit penalties for victimless speeding.
* Supports Article 18 Part 1 of the NH Constitution: Penalties to be Proportional to the Offense. The punishment for speeding that causes no harm is too steep. Monetary fines and the threat of habitual offender (leading the the loss of driver's license) are too harsh.
* Responsible drivers should not have to feel like criminals while commuting to work a little late and a little fast.
* Would put $8.9 million back into commuter's pockets. - Anti-libertyHB 1699-FNrelative to driving under the influence of drugs
Why
This bill would expand prohibitions on drivers to include all chemical substances, whether natural or synthetic.
* This bill will markedly increase state, county, and local expenditures per fiscal note.
* Without definitive tests and scientifically based maximum acceptable levels for the thousands of substances that would fall under the purview of this bill, this bill is virtually unenforceable and subjective.
* For example, a individual taking products that contain an anti-histamine (Benadryl and OTC cold medications) can be considered under the influence as these can impair driving. This would be sufficient grounds for bio-invasive tests of any or all of any combination of the following: blood, urine, or breath. If arrested, this could result in DUI charges. - Pro-libertyHB 1700requiring licensing requirements for money transmitters
Why
This bill would require licensing requirements for money transmitters.
* Licensing of money transmitters in New Hampshire is a redundant burden. No substantive security benefit is enjoyed yet local businesses assume thousands in compliance costs, lawyer's fees, uncertainty, and opportunity costs.
* This bill opens up competition and enables companies working with new payment technologies to locate and thrive in the New Hampshire.
(transcriber note: should this say "repeal" instead of "require" in the summary? It doesn't currently appear to make sense. - mdrew)
Wednesday, February 15, 2012 · House · 4 positions
- Anti-libertyHB 1135establishing a civil action for certain disruptions of funerals of members or former members of the armed forces.
Why
This bill would make unlawful the disturbance of some funeral services and not others.
* Part 1, Article 1. [Equality of Men] All men are born equally free and independent; [...]
* The legislature should not grant protection and recourse to one group and not all individuals.
* The US Supreme Court recently held this restriction to be an unconstitutional restraint on free speech.
* The law is unconstitutionally vague. - Anti-libertyHB 1179imposing an extended term of imprisonment for assault against a health care worker.
Why
This bill would assert unequal protection under the law.
* Part 1 Article 1. [Equality of Men] All men are born equally free and independent; [...]
* Crimes and civil remedies already exist to protect healthcare workers.
* Are dental hygienists and podiatrists really deserving of more protection than others? - Anti-libertyHB 1684-FN-Arelative to campaign contributions and expenditures
Why
This bill would give certain political candidates public campaign funds.
* Permits certain political candidates to apply directly to the state treasury to fund political campaigns.
* Unconstitutional under both state and federal constitutions as an infringement on an individual's free speech. A similar law in Vermont was struck down by the US Supreme Court for violating the 1st Amendment.
* Makes the election financing laws even more complex which effectively limits who can run for office, a violation of NH Constitution, Part I, Article 11.
* For enacting this bill, the State will incur up to $8 million in payments to political campaigns each election, plus administrative and legal expenses. - Pro-libertyHB 1686-FNrelative to state contracts.
Why
This bill would require winning contracts be posted online.
* Making the winning contract available to future bidding parties should drive costs down.
* The expense to implement this requirement could easily be offset by the gains from competition.
Wednesday, February 8, 2012 · House · 5 positions
- Pro-libertyHB 1375relative to access to firearms by persons convicted of nonviolent felonies.
Why
This bill would allow non-violent felons access to firearms.
* Upholds Article 2 Part 1 of the NH Constitution "All men have certain natural, essential, and inherent rights among which are, the enjoying and defending life and liberty: acquiring , possessing and defending property... ".
* Upholds Article 18 Part 1 of the NH Constitution "All penalties ought to be proportional to the nature of the offense."
* So many things are now technically felonies some have estimated that an average person can commit three felonies a day without even knowing it.
* Prosecution falls disproportionately upon minorities, especially for non-violent consensual acts which have been classified as 'felonies'. - Pro-libertyHB 1413-FNdirecting New Hampshire to withdraw from the No Child Left Behind Act
Why
This bill would prohibit federal control of education.
* Upholds the 10th Amendment of the US Constitution "The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people."
* Removes several unfunded /partially funded federal mandates. - Pro-libertyHB 1517-FN-Lprohibiting the state and any political subdivision from entering any agreement implementing any provision of the No Child Left Behind Act without prior approval of the general court.
Why
This bill would reduce federal control of education.
* Upholds the 10th Amendment of the US Constitution "The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people."
* Requires future agreements regarding early through secondary education to be approved by the general court. - Pro-libertyHB 1634prohibiting the state, counties, towns, and cities from implementing programs of, expending money for, receiving funding from, or contracting with the International Council for Local Environmental Initiatives.
Why
This bill would protect property rights.
* Upholds the United States Constitution Article I Section 10 "No state shall enter into any Treaty, Alliance, or Confederation; ...".
* Upholds Article 2 Part 1 of the NH Constitution "All men have certain natural, essential, and inherent rights among which are, the enjoying and defending life and liberty: acquiring , possessing and defending property... ". - Anti-libertyHB 593-FN-A-Lrelative to video lottery and table gaming.
Why
This bill lays the groundwork for up to two casinos in NH.
* If the authors really wanted to allow gambling, all they need to do is repeal RSA 647:2.
* The bill is bureaucracy layered upon bureaucracy. Some of the powers given to that bureaucracy are unprecedented - remote data collection and disabling of machines by the Lottery Commission.
* The bill suspends the constitutional requirement to procure a warrant prior to examining a licensee's correspondence, records, books, papers, as the Attorney General "deems advisable".
* The bill suspends the constitutional right to a jury trial for those subject to the Lottery Commission's authority, with no possibility for review or appeal.
* The bill vests an arbitrary authority in the Lottery Commission to punish any person subject to its rules, effectively in any way the Commission sees fit.
* The bill creates a state-enforced monopoly on who can buy or sell "gambling equipment" in this state.
* It will still be a crime for 8 friends to sit around and play a game of poker.
Wednesday, February 1, 2012 · House · 5 positions
- Pro-libertyHB 1285-FNrepealing the state art fund.
Why
This bill would eliminate the dedicated art fund.
* Makes elected representatives accountable for state art expenditures.
* Government should spend money for the benefit of everyone (the general welfare). Art projects only benefit a few people at the expense of everyone.
* It is unconscionable to compel taxpayers to pay for art projects they find objectionable. - Pro-libertyHB 1360relative to the rulemaking authority of the state board of education.
Why
This bill would curb the unrestrained rulemaking authority of the Department of Education.
* This bill upholds Part 1, Art. 12 of the NH Constitution "Nor are the inhabitants of this state controllable by any other laws than those by which they, or their representative body, have given their consent."
* Removes the ability of rules proposed by the board of education to have the force and effect of law without prior approval of the general court.
* Proposed rules would go through the Senate or House Education committees which would ensure that the legislative interpretation and intent of rules is adopted. - Anti-libertyHB 138-FNrelative to the cold case homicide unit.
Why
This bill would repeal the sunset provision for a fixed funded agency.
* With federal funds expiring for this program in 2013, the program should likewise expire. Granite State taxpayers are overburdened as it is and should not be forced to pay for a program which is expected to cost over $700,000 per biennium.
* The state already has vast law enforcement and investigative resources; police personnel and equipment can be reassigned if the department determines this work deserves higher priority. - Pro-libertyHB 445-FNrelative to the regulation of electronic tracking devices.
Why
This bill, as amended, would prohibit electronic tracking without one's prior consent.
* Free citizens should not be tracked without their consent.
* The NHLA supports floor amendment 2012-0084h. - Pro-libertyHB 574relative to the taking of private property during a state of emergency.
Why
This bill would repeal the law enacted post 9/11 that would allow the government to take private property during the state of emergency.
* This bill affirms Article 2 Part 1 of the NH Constitution that guarantees the natural rights of citizens to acquire, possess, and protect property.
Wednesday, January 18, 2012 · House · 3 positions
- Anti-libertyHB 138-FNrelative to the cold case homicide unit.
Why
This bill would repeal the sunset provision for a fixed funded agency.
* With federal funds expiring for this program in 2013, the program should likewise expire. Granite State taxpayers are overburdened as it is and should not be forced to pay for a program which is expected to cost over $700,000 per biennium.
* The state already has vast law enforcement and investigative resources; police personnel and equipment can be reassigned if the department determines this work deserves higher priority. - Pro-libertyHB 445-FNrelative to the regulation of electronic tracking devices.
Why
This bill as amended, would eliminate electronic tracking without one's prior consent.
* Free citizens should not be tracked without their consent.
* The NHLA supports floor amendment 2012-0084h. - Pro-libertyHB 574relative to the taking of private property during a state of emergency.
Why
This bill would repeal the law enacted post 9/11 that would allow the government to take private property during the state of emergency.
* This bill affirms Article 2 Part 1 of the NH Constitution that guarantees the natural rights of citizens to acquire, possess, and protect, property.
Wednesday, January 11, 2012 · House · 6 positions
- Anti-libertyHB 138-FNrelative to the cold case homicide unit.
Why
This bill would repeal the sunset provision for a narrowly focused agency.
* With federal funds expiring for this program in 2013, the program should likewise expire. Granite State taxpayers are overburdened and should not be forced to pay for a program which is expected to cost over $700,000 per biennium.
* The state already has vast law enforcement and investigative resources; police personnel and equipment can be reassigned if the department determines this work deserves higher priority. - Pro-libertyHB 445-FNrelative to the regulation of electronic tracking devices.
Why
This bill as amended, would eliminate electronic tracking without one's prior consent.
* Free citizens should not be tracked without their consent.
* The NHLA supports floor amendment 2012-0084h. - Anti-libertyHB 455-FNauthorizing optional enhanced driver's licenses and optional enhanced nondrivers' picture identification cards.
Why
This bill would authorize optional enhanced driver's licenses and identification cards.
* Enhanced driver's licenses contain un-encrypted RFID chips, which are designed to be scanned and read from up to thirty feet away.
* RFID chips can be scanned through things that typically offer us privacy, such as clothes or purses, and their numbers can be read without the bearer's knowledge or consent.
* The House has repeatedly opposed RFID in driver's licenses over the last three bienniums. (HB203, HB686, HB478)
* New Hampshire should not be initiating privacy invading programs simply because of new federal laws like WHTI. - Pro-libertyHB 574relative to the taking of private property during a state of emergency.
Why
This bill would repeal the law enacted post-9/11 that would allow the government to take private property during a state of emergency.
* This bill affirms Article 2 Part 1 of the NH Constitution that guarantees the natural rights of citizens to acquire, possess, and protect property.
- Anti-libertyHB 587relative to grounds for divorce for persons with minor children.
Why
This bill would permit 'no fault' divorce only if the parties do not have minor children.
* Attempts to legislate morality are rarely effective and lead to expanded criminality.
* NHLA supports the right of consenting adults to enter into or leave relationships as they see fit. - Anti-libertyHB 593-FN-A-Lrelative to video lottery and table gaming.
Why
This bill lays the groundwork for up to two casinos in NH.
* Art. 83 Part 2 of the NH Constitution states clearly: "Free and fair competition in the trades and industries is an inherent and essential right of the people and should be protected against all monopolies and conspiracies which tend to hinder or destroy it."
* The bill is bureaucracy layered upon bureaucracy. Some of the powers given to that bureaucracy are unprecedented, including remote data collection and disabling of machines on private property by the Lottery Commission.
* The bill suspends the constitutional right to a jury trial for those subject to the Lottery Commission's authority, with no possibility for review or appeal.
* The bill creates a state-enforced monopoly on who can buy or sell "gambling equipment" in this state.
* It will still be a crime for 8 friends to sit around and play a game of poker.
Wednesday, January 4, 2012 · House · 18 positions
- Anti-libertyHB 138-FNrelative to the cold case homicide unit.
Why
This bill would repeal the sunset provision for a fixed funded agency.
* With federal funds expiring for this program in 2013, the program should likewise expire. Granite State taxpayers are overburdened as it is and should not be forced to pay for a program which is expected to cost over $700,000 per biennium.
* The state already has vast law enforcement and investigative resources; police personnel and equipment can be reassigned if the department determines this work deserves higher priority. - Pro-libertyHB 194repealing the prohibition on having or carrying certain crossbow, rifles, or shotguns in vehicles.
Why
This bill would clarify the definition of an unloaded long gun.
* The amended bill sets clear guidelines as to what constitutes loaded and unloaded, which will reduce inconsistent enforcement.
* The bill as amended incorporates important clarifications regarding private property.
* While this language doesn't go far enough in codifying one's right to keep and bear arms, it is an improvement over current statute. - Pro-libertyHB 218repealing the New Hampshire rail transit authority.
Why
This bill repeals a committee for an uneconomical transportation system.
* In modern times, train service is heavily subsidized by all taxpayers regardless of usage.
* Rail transit makes economic sense only in limited, high-density, high-population areas. It is impractical here; the rural nature of New Hampshire means that most riders will still have to travel by car many mile to board a train.
* Rail transit projects invariably go way over budget and are completed far later than the original deadline. Recent rail boondoggles have proven this. - Pro-libertyHB 29permitting a person to petition the superior court for any action pertaining to a pistol or revolver license.
Why
This bill would expand the options for hearings pertaining to pistol or revolver license.
* Prior to 2008, individuals could file in either court. This freedom was taken away by the Supreme Court in the Garand vs. Town of Exeter decision in 2009.
* Contract claims and Landlord/Tenant cases can be heard in either court, so this bill makes the law more consistent
* The State charges more money for hearings held in Superior Courts: District courts are "free"+ a $25 surcharge fee (RSA 490:26-a) , Superior courts cost $205, ($180 filling fee plus $25 surcharge fee).
* Citizens should have a right to choose which court they believe will give them a more fair hearing. - Pro-libertyHB 334relative to the state's authority to prohibit or regulate firearms, firearms components, ammunition, or firearms supplies
Why
This bill clarifies language regarding weapons statutes and rules.
* It clarifies that the General Court specifically, and not the vague term 'the state of New Hampshire' shall have authority to regulate weapons.
* It includes knives in order to make the law more equitable and sensible. (It would not be sensible to regulate knives more strictly than guns, or have them subject to more patchwork restrictions).
* It clarifies the language regarding political subdivisions and their rulemaking authority. - Anti-libertyHB 380relative to the commission on the status on men.
Why
This bill exempts the commission on the status of men from repeal on June 30, 2011.
* As stated in the veto, this commission was recommended for repeal, "to help make state government more efficient, reduce cost, and eliminate waste..." The NHLA supports those goals.
* If passed, this law would retroactively take effect June 30th, 2011. Part 1, Article 23 of the NH Constitution prohibits retrospective laws. - Anti-libertyHB 437-FNrelative to the definition of marriage.
Why
This bill would redefine marriage under the law.
* [Art.] 2. [Natural Rights.] [...] Equality of rights under the law shall not be denied or abridged by this state on account of race, creed, color, sex or national origin.
* The NH constitution forbids impinging citizens' rights based on sex. It makes no exceptions for pairs of citizens being any different than individuals, and it makes no exceptions for institutions that existed before ratification. The equality of rights is natural and inalienable.
* Government should not be in the business of defining, regulating, admonishing, or licensing how individuals choose to affiliate with others. - Pro-libertyHB 446-FNrepealing the authority for regulation of certain professional occupations.
Why
This bill would repeal various occupational licensing boards and authority.
* The consumers of occupationally licensed services derive no determinable benefit for the added cost. For example, when was the last prevented case of fungal infection due to licensing manicurists?
* The only certainty about licensure is that it manufactures political patronage jobs in the regulatory bureaucracy and reduces competition by restricting free entry into an occupation - thereby bestowing unearned profits upon those who are already licensed.
* The amendment makes such licenses voluntary, transforming them to assets that businesses can choose to obtain from the state. This decriminalizes unlicensed services while still making the license available. - Anti-libertyHB 448-FNrelative to spice incense products.
Why
This bill would reclassify synthetic cannabinoid agonists or piperazines as schedule I controlled drugs
* In a free society individuals should not be punished for peaceful activities which do not harm others.
* This bill would have multiple costly unintended consequences. - Anti-libertyHB 455-FNauthorizing optional enhanced drivers' licenses and optional enhanced nondrivers' picture identification cards.
Why
This bill would authorize optional enhanced drivers' licenses and identification cards
* Enhanced driver's licenses contain un-encrypted RFID chips, which are designed to be scanned and read from up to thirty feet away.
* RFID chips can be scanned through things that typically offer us privacy, such as clothes or purses, and their numbers can be read without the bearer's knowledge or consent.
* The House has repeatedly opposed RFID in driver's licenses over the last three bienniums. (HB203, HB686, HB478)
* New Hampshire should not be initiating privacy invading programs simply because of new federal laws like WHTI. - Anti-libertyHB 475increasing penalties for violations of the consumer protection act (RSA 358-A) by an individual
Why
This bill would increase penalties for violations of the consumer protection act by an individual.
- Anti-libertyHB 486-FNrelative to penalties for alcohol ignition interlock circumvention.
Why
This bill, as amended, mandates a fine and treats citizens as pre-criminals.
* The amendment imposes more invasive technology in an ever expanding race against human ingenuity.
- Pro-libertyHB 536-FNrelative to the natural right to carry a firearm, openly or concealed, without a license.
Why
This bill would make concealed carry pistol licenses voluntary.
* [Art.] 2-a. [The Bearing of Arms.] All persons have the right to keep and bear arms in defense of themselves, their families, their property and the state.
* The NH constitution does not specify that these rights can be granted or withheld by the state.
* Removing the requirement to obtain a concealed carry license, but still providing said license, creates a valuable fee based service that citizens can choose to purchase and use in other states. - Anti-libertyHB 593-FN-A-Lrelative to video lottery and table gaming.
Why
This bill would lay the groundwork for up to two casinos in NH.
* If the authors really wanted to allow gambling, all they need to do is repeal RSA 647:2.
* The bill is bureaucracy layered upon bureaucracy. Some of the powers given to that bureaucracy are unprecedented - remote data collection and disabling of machines by the Lottery Commission.
* The bill suspends the constitutional requirement that requires the government to procure a warrant prior to examining a licensee's correspondence, records, books, papers, as the Attorney General "deems advisable".
* The bill suspends the constitutional right to a jury trial for those subject to the Lottery Commission's authority, with no possibility for review or appeal.
* The bill vests an arbitrary authority in the Lottery Commission to punish any person subject to its rules, effectively in any way the Commission sees fit.
* The bill creates a state-enforced monopoly on who can buy or sell "gambling equipment" in this state.
* It will still be a crime for 8 friends to sit around and play a game of poker. - Pro-libertyHB 595amending the compulsory school attendance statutes to permit parent-directed instruction programs and repealing the home education statutes.
Why
This bill would provide for equitable treatment for home schools.
* This bill recognizes the right of parents to educate their own children.
* It upholds due process and the presumption of innocence by the removal of the annual notification, an effective approval process, and proof of educational progress requirements. - Pro-libertyHB 628-FNmaking the touching or viewing with a technological device of a person's breasts or genitals by a government security agent without probable cause a sexual assault.
Why
This bill would increase the transparency and accountability at airport security checkpoints.
* Government should not dictate rules that it then exempts itself from. This bill reaffirms individual and states rights at our airports.
* The amendment increases public accountability by mandating that citizens may have their interactions with airport authorities video recorded by themselves or their designates. - Pro-libertySB 160-FNrelative to the definition and regulation of installment loans.
Why
This bill allows for certain installment loans
* Provides services that would otherwise be unavailable to low income earners that have exhausted other means of obtaining credit.
* Short term loans help raise the quality of life for struggling families by relaxing credit constraints.
* Studies show no empirical evidence that they lead to more bankruptcy filings.
* Provides low income wage earners more options when confronted with emergency situations. - Pro-libertySB 57relative to regulation of title loan lenders.
Why
This bill allows for collateral backed short term loans.
* Title loans give consumers more choice; banks and credit unions don't offer these kinds of short-term loans.
* High interest rates are appropriate on some loans because the terms of these loans are very short.
* The interest does not compound significantly so the actual amount of money transferred to the lender is comparatively small.
* These loans are useful for people who have unexpected short-term expenses and need a loan to cover them until they can adjust their spending habits to generate the needed surplus funds.
Tuesday, January 3, 2012 · House
NHLA’s recommendations for this session are published.