Wednesday, June 5, 2013 · House · 5 positions
- Anti-libertySB 135relative to the regulation of the practice of genetic counseling.
Why
This bill
* It establishes a new licensing requirement for this profession.
* There is currently no demonstrated need for the regulation of genetic counseling.
* Most of the patient harm that actually occurs is due to doctors and other medical professionals acting beyond their knowledge—not from supposedly non-qualified people claiming to be genetic counselors. This bill will not fix that problem. - Pro-libertySB 41revising the New Hampshire corporations act, RSA 293-A.
Why
This bill
* This bill updates the N.H. corporations act to follow model corporate legislation as adopted in other states.
* Harmonizing our corporate laws with those common in other states will make New Hampshire a more attractive place for businesses to incorporate. - Pro-libertySB 47relative to a surviving spouse’s right to retain a Purple Heart plate.
Why
This bill
* Transfer of plates to a spouse is already permitted for POW and Pearl Harbor survivor plates; this would include Purple Heart plates as well.
* The NHLA strongly supports floor amendment <strong>2013-1993h</strong>, which adds the text of HB399 to this bill and would prohibit our state from supporting or implementing the indefinite detention provisions of the NDAA. The original bill had passed unanimously through two House committees and on the floor by a vote of 337–15, before being killed by the Senate. This amendment would help protect the freedoms that our veterans have fought for.
YEA on 2013-1993H - Anti-libertySB 48relative to school performance and accountability.
Why
This bill
* This bill would codify into N.H. law Common Core standards, which is central federal planning applied to education.
* This bill lacks a fiscal note and its implementation would increase costs to school districts, violating Part I, Art. 28-a of the N.H. Constitution. The Pioneer Institute has estimated that New Hampshire’s cost for Common Core adoption will be an additional $404 per pupil per year for the first seven years of implementation. This does not include the current costs incurred in our public school system.
* Common Core significantly lowers education expectations and standards—particularly in mathematics and science—when our students need more education, not less.
* New Hampshire already has some of the best education outcomes in the country. The bill will cost us money, when we simply do not need to spend it. Our local school districts need the flexibility to adapt their curricula to local needs, the desires of the local community, and abilities of the students. - Anti-libertySB 97relative to high school equivalency and relative to illiteracy.
Why
This bill
* This bill would replace the GED exam with one that is aligned with Common Core. Although the Common Core language does not appear anywhere in the bill, it will continue the switch to this new and unproven standard.
* The Board of Education decided to implement the new exam beginning in January 2014, and the Legislature has yet to approve it. This bill is just the “rubber stamp” to legitimize their actions. The Legislature represents the people; the BOE is an unelected board of the Executive Branch, and this is an overreach of their authority.
* The decision to implement more Common Core–aligned testing is also questionable. Like other Common Core–related changes, there are serious fundamental flaws in these untested standards that have not been addressed. These standards are not proven or internationally competitive according to academic experts, so further conversion of our education system to Common Core is irresponsible without further study.
Wednesday, May 29, 2013 · House · 4 positions
- Anti-libertySB 11relative to water and sewer utility districts and water or sewer utility districts.
Why
This bill
* There are already coöperative water districts in the state; this is redundant legislation.
* The bill has the potential to destroy property rights for property owners who prefer to maintain their own personal wells and septic systems.
* There is no voluntary opt-in provision for private property owners if a new district is formed. Owners could be required to pay even if they do not connect to the system.
* The NHLA <strong>supports</strong> Floor Amendment 1728h, which removes the bill’s current "government knows best" statement of purpose. - Pro-libertySB 153relative to legislative approval of collective bargaining agreements entered into by the state.
Why
This bill
* Collective bargaining agreements are potentially very costly to the state in the long run. Meaningful legislative oversight of the creation of such a large block of state spending and future liabilities is essential.
* This bill greatly improves accountability to the voters. - Anti-libertySB 20making modifications to the DWI ignition interlock program.
Why
This bill
* The requirement that a camera be installed along with the interlock device is a severe privacy violation: <em>Passengers</em> as well as drivers can be photographed and tracked without the knowledge of the passengers. Photographs and location data will be stored for three years by the state and the company manufacturing the interlock devices.
* The Department of Safety will essentially be acting as prosecutor and judge in administrative hearings related to interlock devices. The only recourse by aggrieved defendants is an appeal to the N.H. Supreme Court. - Anti-libertySB 96relative to vexatious litigants.
Why
This bill
* By requiring a litigant to have an attorney or post a bond, this bill potentially limits <em>pro se</em> or poor litigants’ access to the courts—violating Part I, Article 14 of the New Hampshire Constitution in the process.
* There is already a penalty for frivolous litigation. See RSA 507:15.
Wednesday, May 22, 2013 · House · 8 positions
- Anti-libertySB 11relative to water and sewer utility districts and water or sewer utility districts.
Why
This bill
* There are already cooperative water districts in the state; this is redundant legislation.
* The bill has the potential to destroy property rights for property owners who prefer to maintain their own personal wells and septic systems.
* There is no voluntary opt-in provision for private property owners if a new district is formed. Owners could be required to pay even if they do not connect to the system.
* The NHLA <strong>supports</strong> Floor Amendment 1728h, which removes the bill’s current "government knows best" statement of purpose. - Anti-libertySB 122establishing a commercial shrimp license.
Why
This bill
* The shrimp fisheries are already regulated to prevent over-harvest through other means. A commercial license for shrimp was not necessary before and it is not necessary now.
* This new license is simply an attempt to extract more money out of an already small and hard-pressed industry. This bill is an attack on hard-working New Hampshire fishermen. - Anti-libertySB 126relative to business practices between motor vehicle manufacturers, distributors, and dealers.
Why
This bill
* By modifying existing contractual arrangements between manufacturers and dealers, this bill violates both Article I, Section 10 of the Constitution for the united States of America, which prevents states from passing laws "impairing the Obligation of Contracts," and Part I, Article 23 of the New Hampshire Constitution, which prohibits retrospective laws.
* This bill increases state bureaucracy.
* It is a special interest bill: A small handful of corporate dealers are trying to circumvent the bargaining table through legislation, while maintaining the contractually created franchising benefits. They want the benefits of limiting supply to end customers, but none of the downsides of working under exclusive supplier agreements. - Anti-libertySB 152relative to video lottery and table gaming.
Why
The NHLA is not opposed to liberalizing gambling laws <em>per se</em>. The freedom to gamble is a liberty issue. However, this particular bill is anti-liberty.
* It legislates a monopoly to one private provider, unconstitutional under Part II, Article 83 of the New Hampshire Constitution.
* The state should not be in the business of choosing winners or losers; all businesses should be allowed to compete in a free market. An improvement would be modeling the casino licenses after other business licenses, e.g., liquor licenses, that are available to any qualified applicant.
* The tax rates on gaming revenues in this bill could be considered usurious; they should be no different than other business taxes.
* Much of the debate centered around how much money this would bring to state coffers, so clearly this bill is about expanding government, not increasing people’s freedom.
* The Legislature should be looking at creative ways to reduce the size, scope, and cost of state government, not large new revenue sources. - Pro-libertySB 153relative to legislative approval of collective bargaining agreements entered into by the state.
Why
This bill
* Collective bargaining agreements are potentially very costly to the state in the long run. Meaningful legislative oversight of the creation of such a large block of state spending and future liabilities is essential.
* This bill greatly improves accountability to the voters. - Anti-libertySB 20making modifications to the DWI ignition interlock program.
Why
This bill
* The requirement that a camera be installed along with the interlock device is a severe privacy violation: <em>Passengers</em> as well as drivers can be photographed and tracked without the knowledge of the passengers. Photographs and location data will be stored for three years by the state and the company manufacturing the interlock devices.
* The Department of Safety will essentially be acting as prosecutor and judge in administrative hearings related to interlock devices. The only recourse by aggrieved defendants is an appeal to the N.H. Supreme Court. - Anti-libertySB 89relative to the definition of lead fishing sinkers and jigs and the penalties for prohibited sales of lead fishing sinkers and jigs.
Why
This bill
* There has been no documented evidence that lead fishing sinkers have a detrimental impact on local or regional loon populations. According to the U.S. Fish & Wildlife Service, loon populations are either stable or are actually increasing across the nation.
* The use and sale of lead sinkers and jigs is already illegal. Increasing penalties will have no impact on the use of these devices. - Anti-libertySB 96relative to vexatious litigants.
Why
This bill
* By requiring a litigant to have an attorney or post a bond, this bill potentially limits <em>pro se</em> or poor litigants’ access to the courts—violating Part I, Article 14 of the New Hampshire Constitution in the process.
* There is already a penalty for frivolous litigation. See RSA 507:15.
Wednesday, May 8, 2013 · House · 4 positions
- Anti-libertySB 11relative to water and sewer utility districts and water or sewer utility districts.
Why
This bill
* Rather than establishing user fees for water services, this bill allows towns and cities to fund the services via property tax assessments—not only does this allow people who use more water to potentially be billed the same as those who use less, but it also means people who are not even using the service might end up paying for it.
* This bill will promote the further development of centralized water and sewer services, services which often result in localities banning people from installing their own wells or septic tanks, and further increasing people’s dependence on government-provided services. - Anti-libertySB 164authorizing coastal management provisions in master plans.
Why
This bill
* This bill allows New Hampshire towns and cities to add even more regulations to local planning and zoning ordinances, further controlling people’s private property.
* Additionally, the bill is based on a mere theory—sea level rise—as opposed to facts. - Pro-libertySB 189-FNrelative to the licensure of fuel gas fitters and plumbers by a mechanical licensing board established within the department of safety and transferring regulation of plumbers to the mechanical licensing board.
Why
This bill
* It reduces the mandatory training hours currently required to be a fuel gas service technician from 5,000 to 2,000, and also allows 750 of the 2,000 hours to be fulfilled while servicing oil-fired appliances.
* The new education requirements are set in statute, rather than rules, ensuring that only the democratically-elected Legislature has the power to amend these requirements rather than unelected bureaucrats. - Pro-libertySB 45relative to electronic prescriptions.
Why
This bill
* It allows patients quicker access to medicine they need: If the approval process by a health benefit plan takes more than 48 hours to complete, access to the drug will automatically be approved.
Wednesday, April 24, 2013 · House · 5 positions
- Pro-libertySB 108relative to the liability of landowners who permit use of their land for recreational activitites.
Why
This bill would provide that landowners who allow the use of their land for recreational activity owe no duty of care to individuals engaged in the construction of trails on such land.
- Anti-libertySB 157establishing a New Hampshire disaster relief fund.
Why
This bill would create a fund waiting for a disaster,.
* It gives the Director of Homeland Security the authority to hand out privately-donated funds with no oversight except by a committee he appointed himself.
- Anti-libertySB 43relative to the property taxation of qualifying historic buildings.
Why
This bill would enable towns and cities to appraise historic buildings at a percentage of market value, in order to encourage the preservation of the historic buildings.
* This bill will allow towns and cities to grant preferential tax breaks, raising taxes for everyone else.
* A differentiated tax rate is unconstitutional (Part II, Art. 6), as opposed to a tax abatement. - Anti-libertySB 60relative to assisted living facilities and landlord tenant law.
Why
This bill
* This bill cobbles together a solution to a problem which would be better addressed at the root cause. If passed, this issue of "assisted living" lacking a proper definition and being handled under the proper statute will still need to be addressed.
* This bill may do as intended but it may also introduce unexpected problems. - Anti-libertySB 83relative to the controlled drug prescription health and safety program.
Why
This bill would delete the prospective repeal of the controlled drug prescription health and safety program.
Wednesday, March 27, 2013 · House · 7 positions
- Anti-libertyHB 135relative to physical force in defense of a person and relative to the definition of non-deadly force.
Why
This bill would infringe on the right to bear arms.
* The right to keep and bear arms is an original guarantee in our form of government. Both the U.S. and New Hampshire constitutions hold these rights sacred and not to be infringed.
* There has been no demonstrated or reported problem with public safety since the enactment of the current "stand your ground" law.
* Any short-sighted overreaction to existing statute is emotion-based legislation with no statistical grounding. - Anti-libertyHB 185relative to the fuel oil discharge cleanup fund.
Why
This bill would increase the fuel oil discharge cleanup fund.
* This is a 25% increase in a fee for a dedicated fund which already had an excess of funding in the last biennium. This is unnecessary.
- Anti-libertyHB 295requiring criminal background checks for volunteers and employees at your skills camps.
Why
This bill would require criminal background checks by yet another.
* It makes the State violate individuals’ privacy and meddles in the private affairs of private companies.
* Background checks are already standard procedure for many youth camps, generally required in order to obtain liability insurance. This bill is an attempt to fix a problem that has already been solved by the private sector.
* This sort of mandate will have the unintended consequence of driving away volunteers and employees who simply wish to protect their privacy.
* It feeds into the overblown moral panic over pedophilia that has been gripping our nation since the 1980s.
* It creates a new $25 fee that these people must pay to the State in order to secure a private-sector job. - Anti-libertyHB 411repealing a future reduction in vessel registration fees.
Why
This bill would repeal the scheduled 2016 sunset of a fee increased in 2009.
* This is a future tax increase and would be better left to the Legislature that would have greater knowledge as to the need for funding at that time.
- Pro-libertyHB 451repealing the license requirement for carrying a concealed pistol or revolver
Why
This bill would repeal requirements for a license to carry a concealed pistol or revolver.
* A requirement to have a license to carry a concealed firearm is an infringement on an individual’s right to self-defense.
* Citizens can and do carry openly without any effect on public safety.
* There are other penalties for using a firearm in the actual commission of a crime. - Anti-libertyHB 617increasing the rate of the road toll and establishing the New Hampshire state and municipal road and bridge account.
Why
This bill is a tax increase.
* This bill is an increase in a tax which should be more closely evaluated for compliance with the constitutional restrictions on it (N.H. Const., Part II, Article 6-a), before it is increased.
* This bill reaches well into the purview of future Legislatures, especially for the diesel tax. - Anti-libertyHB 619prohibiting images of a person’s residence to be taken from the air.
Why
This bill would prohibit some images of a person’s residence to be taken from the air.
* The penalties against the government spying on persons are good, but the limitations on valid businesses and private parties using this technology are overly broad and very difficult to enforce.
* Wiretapping and eavesdropping are crimes already, and taking somebody’s image clandestinely can be part of a tort action; therefore, this bill is unnecessary. There is no demonstrable problem that needs to be solved at this time.
* This bill also criminalizes legitimate activities where nothing nefarious is going on.
<strong></em>Our full recommendation</em></strong>: YEA on recommit or ITL, YEA on the floor amendment, and NAY on OTP/A.
Wednesday, March 20, 2013 · House · 13 positions
- Anti-libertyHB 135relative to physical force in defense of a person and relative to the definition of non-deadly force.
Why
This bill would infringe on the right to bear arms.
* The right to keep and bear arms is an original guarantee in our form of government. Both the U.S. and State constitutions hold these rights sacred and not to be infringed.
* There has been no demonstrated or reported problem with public safety since the enactment of the current "stand your ground" law.
* Any short-sighted overreaction to existing statute is emotion-based legislation with no statistical grounding. - Pro-libertyHB 264relative to simple assault.
Why
This bill would lower the criminal penalties for minor assaults with no injury to a violation instead of a (currently) misdemeanor.
* It upholds Part I, Article 18 of the N.H. Constitution, that penalties are to be proportional to offenses.
* It may have the secondary benefit of reducing caseloads in the court system, saving taxpayers money and allowing law enforcement to focus on more serious crimes. - Pro-libertyHB 286relative to broadband infrastructure.
Why
This bill would allow municipalities to bond to build open-access broadband infrastructure.
* It opens access to infrastructure while keeping the municipality <strong><em>out</em></strong> of the broadband business where they would be competing with private companies.
* It provides a mechanism for setting use-based access tariffs for cost recovery.
* It is enabling legislation that will result in public–private partnerships. - Anti-libertyHB 290prohibiting unlicensed persons from openly carrying a pistol or revolver in public building.
Why
This bill would attach a Class B felony to persons open carrying in a public building.
* Like HB 135, this bill infringes upon the right to keep and bear arms, which is an original guarantee in our form of government. Both the U.S. and State constitutions hold these rights sacred and not to be infringed.
* There has been no demonstrated or reported problem with public safety caused by people openly carrying firearms on public property. - Anti-libertyHB 357prohibiting an employer from using credit history in employment decisions.
Why
This bill would limit an employers’ hiring practices.
* Government should not be dictating hiring practices for businesses.
* This would increase the risks involved in hiring, making firms more reluctant to bring on new employees.Like many other well-intentioned measures this could result in detrimental effect on the people it seeks to help.
* Credit reports are less subjective criteria for evaluating the potential of new employees. Without the use of a pre-employment credit check, many employers will likely use other more arbitrary means in making a selection.
* Only 13% of employers conduct credit checks on all job candidates, while 47% do for certain jobs. Typically those jobs are for senior personnel in critical positions. This bill is attempting to address a perceived problem, not a real one. - Pro-libertyHB 443prohibiting prison privatization.
Why
This bill would prohibit the privatization of prisons.
* An inmate in a privately run prison does not have the same legal protections against abuse that an inmate in a state run prison has.
* It would put someone other than the State in the position of punishing crimes against the State.
* It upholds Part II, Article 88 of the N.H. Constitution: "All indictments, presentments, and informations, shall conclude, "against the peace and dignity of the state." " - Pro-libertyHB 454requiring consent prior to the installation of smart meters.
Why
This bill would protect the privacy of individual rate payers.
* These meters can be an invasion of privacy and a back-door opening to outside control of devices within your house.
* Requiring the owner’s permission protects their privacy while allowing those who want these features to have them. - Pro-libertyHB 573relative to the use of marijuana for medicinal purposes.
Why
This bill would allow the use of therapeutic cannabis.
* Doctors and patients, not bureaucrats, should be the ones to make important medical decisions.
* This bill does not violate federal law. States are not required to enforce federal law, and the U.S. Attorney General has declared that the federal government will not prosecute patients in states with this type of legislation.
* Federal interference in state medical law is a violation of state sovereignty, as protected by Part I, Article 7 of the New Hampshire Constitution. - Pro-libertyHB 575relative to hours of sales of on-premises liquor licensees.
Why
This bill as amended would expand local control for the hours of sales of on-premises liquor licensees.
* Businesses should have the freedom to set their own hours to satisfy market and consumer demands.
* The New Hampshire Constitution guarantees in Part I, Article 2: "All men have certain natural, essential, and inherent rights—among which are, the enjoying and defending life and liberty; ... and, in a word, of seeking and obtaining happiness." - Pro-libertyHB 606relative to community rating.
Why
This bill would expand the community rating.
* This bill would expand the community rating ratio for the state and allow for a more competitive health insurance market.
* It would increase the flexibility of our market, making it more attractive to insurance companies, potentially giving New Hampshire citizens better health insurances prices and choices. - Pro-libertyHB 621decriminalizing possession of less than one ounce of marijuana.
Why
This bill would decriminalize small amounts 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 jail time.
* 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.
* Part I, Article 18 of the N.H. Constitution states, in part: "All penalties ought to be proportioned to the nature of the offense. ... Where the same undistinguishing severity is exerted against all offenses, the people are led to forget the real distinction in the crimes themselves, and to commit the most flagrant with as little compunction as they do the lightest offenses." - Anti-libertyHB 624waiving the residency requirement for in-state tuition rates for veterans attending the university system of New Hampshire.
Why
This bill would grant special privileges to a specific class of citizens.
* It violates Part I, Article 10 of the N.H. Constitution: "Government being instituted for the common benefit ... and not for the private interest or emolument of any one man, family, or class of men. ..."
- Anti-libertyHB 659increasing the tobacco tax.
Why
This bill would increase the tobacco tax.
* This tax is regressive in nature and will be felt most by the poor and those on fixed incomes.
* New Hampshire already taxes cigarettes more than thirty other states.
* This tax will hurt the New Hampshire economy and reduce its competitive advantage with nearby states.
Wednesday, March 6, 2013 · House · 17 positions
- Pro-libertyHB 146increasing the speed limit on a portion of I-93 to 70 miles per hour.
Why
This bill would increase the speed limit on a rural portion of I-93.
* It would decrease the number of penalties handed out for the victimless act of speeding.
* This would only increase the speed limit by five miles per hour, which has not been shown to increase accident rates.
<strong><em>The NHLA also</em></strong> supports <strong><em>related bills HB 289-FN (NAY on ITL) and HB 291-FN (NAY on ITL).</em></strong> - Pro-libertyHB 153prohibiting the designation of industrial hemp as a controlled substance.
Why
This bill would enable the growing of industrial hemp.
* Hemp is a versatile crop. In modern times it has been used for industrial purposes including paper, textiles, clothing, biodegradable plastics, construction, body products, health food, and bio-fuel.
* U.S. retail sales are estimated to exceed $350 million annually. The U.S. market for hemp clothing and textiles is approximated at $100 million annually. The estimate of total sales also includes between $60 million and $100 million annually for hemp-based foods, nutritional supplements, and body care products.
* Producers could earn roughly $120 per acre when growing industrial hemp for straw alone or straw and grain, and $340 an acre from growing certified hemp seed. - Pro-libertyHB 247-FNincreasing compensation for wrongful incarceration.
Why
This bill would increase the compensation for wrongfully convicted individuals.
* Currently, regardless of how long an innocent person may spend in prison, they would only be awarded $20,000 for their wrongful incarceration. This bill would increase it to $20,000 for each year spent in prison.
* New Hampshire currently has the lowest statutory wrongful conviction compensation in the entire nation.This bill would fix that. - Anti-libertyHB 295background checks for volunteers and employees at youth skill camps.
Why
This bill would require criminal background checks by yet another
* It makes the State violate individuals’ privacy and meddles in the private affairs of private companies. Background checks are already standard procedure for many youth camps, generally required in order to obtain liability insurance. This bill is an attempt to fix a problem that has already been solved by the private sector.
* This sort of mandate will have the unintended consequence of driving away volunteers and employees who simply wish to protect their privacy.
* It feeds into the overblown moral panic over pedophilia that has been gripping our nation since the 1980s.
* It creates a new $25 fee that these people must pay to the State in order to secure a private-sector job. - Pro-libertyHB 299-FNrelative to tuition payments for chartered public school pupils.
Why
This bill would allow the Board of Education to end the moratorium on charter schools.
* The legislative intent of the 110% clause (2012) was to provide financial support of New Hampshire’s public charter schools in light of the DOE's under-projection of future N.H. public charter school enrollments. This support represents the Legislature’s intent and obligation to fund the adequacy of N.H.’s public students, whether they flourish in a public district or public charter school (RSA 198:42).
* The State Board of Education’s decision last September to deny any new charter applicants authorization was based on their questioning the Legislature’s intent to fund the adequacy of New Hampshire public charter schools. They questioned their ability to bind the next Legislature; however, every public school student binds the next Legislature for education expenses.
* This correction to the 110% clause has the support of the New Hampshire Attorney General’s office and the Board of Education as a fix to the charter school moratorium. - Pro-libertyHB 315-FNrelative to liquor commission discounts.
Why
This bill would equalize the wholesale discount rate on wine for all retailers.
* This bill would uphold Part 1, Article 10 of the New Hampshire Constitution: "Government being instituted for the common benefit, protection, and security, of the whole community, and not for the private interest or emolument of any one man, family or class of men."
* The State should not interfere with the operation of the free market. - Pro-libertyHB 316-FNrelative to regulating alkaline hydrolysis for the disposal of human remains.
Why
This bill would provide additional choices for the disposal of human remains.
* Currently, performing alkaline hydrolysis in N.H. is a misdemeanor; this bill would decriminalize it.
* This could provide for a less expensive and eco-friendly alternative to traditional cremation or burial for the disposal of the remains of a loved ones. - Pro-libertyHB 345repealing the prohibition on tinted glass in motor vehicles.
Why
This bill repeals the prohibition on tinted glass in motor vehicles.
* Drivers from other states may drive on our roads with tinted glass; the currently law only applies to vehicles registered in New Hampshire.
* The current restriction only applies to after-market tinting; factory tinting is not prohibited. - Pro-libertyHB 382-FNreducing the nonresident fee for obtaining a license for a pistol or a revolver.
Why
This bill would reduce the fee for out-of-staters to obtain a pistol permit.
* This bill reduces a large fee charged to people who wish to engage in the natural right of self-defense.
* This bill will bring non-resident fees back in line with resident fees, rather than trying to make it into a revenue source, as it was when this fee was increased several years ago.
* The Department of Safety has stated they have actually seen a decrease in revenue since the rate was raised from $20 to $100. Lowering the fee would regain those lost revenues and attract tourists into the state. - Anti-libertyHB 411-FN-Arepealing a future reduction in vessel registration fees.
Why
This bill would repeal a decrease in vessel registration fees.
* Repealing an already-planned decrease is effectively an increase.
- Anti-libertyHB 423-Lrelative to amending official ballot warrant articles.
Why
This bill would prohibit amending a petitioned warrant article at a deliberative session in SB 2 towns.
* This bill would make it impossible to correct or clarify petitioned warrant articles if problems are discovered with one (for example, a specific dollar figure must be changed), potentially rendering an article unimplementable even if it were to pass.
* This bill would establish different, stricter rules for SB 2 towns than for traditional town meeting towns, where such amendments would still be able to take place. - Anti-libertyHB 453repealing the prospective repeal of the information and analysis center.
Why
This bill would prevent the repeal of New Hampshire’s IAC (“Fusion Center”).
* The IAC cedes state sovereignty to the federal government.
* Fusion Centers in other states, such as Missouri, were shown to have included activists and accountability watchdogs on their “terrorist” watch lists.
* Several state employees are assigned to the IAC. With limited resources in the state budget, these people could be reassigned to more important duties in law enforcement, education, or road construction.
* Placing sandbags during the spring thaw can be handled without a federal bureaucracy overseeing our response to weather conditions. - Anti-libertyHB 472relative to residential units in rooming houses.
Why
This bill increases the regulations for landlords.
* This bill increase regulations on rooming house landlords by conferring legal "tenancy" status on occupants residing in the rooming house for ninety days or more.
* An unintended consequence that this bill could create would be a shortage of very low-income housing, which would result in many current occupants ending up in homeless shelters at taxpayer expense. - Pro-libertyHB 479relative to the creation and division of school districts.
Why
This bill would restore local control of school districts.
* The district system is: (1) a well-tested, moderate solution providing school choice while keeping taxpayer funds within the public schools, (2) allows communities to opt out of uniform curricula, such as Common Core, and (3) opens the door to innovation and increased parental involvement.
* Waiving state funding in one district leaves a larger pool of available funds for the remaining districts.
* A district cannot be handpicked as enrollment is open to all residents.
* New districts can lease space in existing districts, easing transitions and minimizing budget uncertainty. - Pro-libertyHB 614-FNlimiting the authorization for new annual general fund-supported debt.
Why
This bill would return the State to more prudent debt levels by limiting the authorization of new debt.
* It would limit the authorization of new debt to no more than 90% of retired debt.
* It would help to ensure a positive bond rating for New Hampshire. - Pro-libertyHB 654-FNrelative to licensure and renewal fees.
Why
This bill would restore powers to the elected legislature.
* This bill establishes licensure and renewal fees by statute rather than by administrative rule for a number of small boards.
* This bill reduces fees for the cost of the boards which allows more employment opportunities. - Anti-libertyHB 669-FN-Lrelative to nonpayment of property taxes on current use land.
Why
This bill would severely increase penalties for nonpayment of property taxes.
* This bill would violate Part 1, Article 18 of the New Hampshire Constitution, that all penalties ought to be proportional to the nature of the offense.
Wednesday, February 20, 2013 · House · 6 positions
- Anti-libertyHB 335-FN-Arelative to the tobacco tax.
Why
This bill would repeal the scheduled increase of the tobacco tax.
* An increase in the cigarette tax will have a greater impact upon the poor. Cigarette taxes are regressive. Families in the bottom twenty percent of income earners spend four percent of their after-tax income on tobacco, compared to one half of one percent by families in the top twenty percent bracket.
* Cigarette taxes are ineffective at stopping people from smoking. Tax-bearing cigarette smokers typically do not smoke less when rates go up; they and their families consume less of other things.
* Government exists to protect each individual’s life, liberty, and property from attack by other individuals. It does not exist to protect individuals from making poor choices, or to restrict their choices of legal activities. - Anti-libertyHB 370-FNrepealing the education tax credit program.
Why
This bill would repeal the education tax credit program in its first year.
* Nearly 450 children have applied for scholarships to date from families with an average family income of only $45,000. More than 50% of these families qualify for free/reduced lunch.
* The program is in its infancy and the first scholarship organization was only approved by the Department of Revenue in January 2013. The scholarship program should be given time. Repealing it now would amount to flip-flop legislation.
* The average scholarship amount of $2,500 would put educational alternatives within reach for low-income families in our communities. While it is true that the élite private schools in our state, such as St. Paul’s and Phillips Exeter, have extremely high tuition, most private and alternative schools cost far, far less—and offer financial assistance to families. The combination of financial aid and the tax credit scholarship would make alternatives feasible for many families.
* The tax credit scholarships are <em>not</em> just for religious schools. These scholarships may be used for independent private schools, public schools outside the family’s district, as well as home education expenses.
* The fiscal note prepared by the Department of Education states that repeal will increase state expenditures by <em>over $550,000</em> more than it would increase tax revenue. In other words, the scholarship program saves the state money.
* Vouchers and tax credit programs are not equivalent and the difference is not merely an accounting gimmick. Vouchers are distributed from monies received by the government and then distributed. Tax credit programs such as this scholarship program in New Hampshire, uses pre-tax dollars and come from voluntary charitable donations. This is similar to any other voluntary donation to non-profit organizations. Money does not belong to the government before taxes and should be directed as the business owners and individuals choose. - Pro-libertyHB 388relative to the storage of firearms.
Why
This bill would affirm that owners of firearms are not liable for the criminal actions of thieves.
* Their was a recent demonstrated need for this bill, with an attempt to sue a gun owner in Coös County who had been robbed of his property and the criminal used his property in the commission of an additional crime.
* This bill ensures that the responsibility of criminal acts are placed wholly on the criminal—not the victim.
* This bill ensures that law-abiding gun owners are not victimized twice. - Anti-libertyHB 423-Lrelative to amending official ballot warrant articles.
Why
This bill would prohibit amending a petitioned warrant article at a deliberative session in SB 2 towns.
* This bill would make it impossible to correct or clarify petitioned warrant articles if problems are discovered with one (for example, a specific dollar figure must be changed), potentially rendering an article unimplementable even if it were to pass.
* This bill would establish different, stricter rules for SB 2 towns than for traditional town meeting towns, where such amendments would still be able to take place. - Anti-libertyHB 482-FNregarding infestation of bed bugs in rental housing.
Why
This bill would regulate landlords and tenants regarding infestation of bed bugs.
* Much of what this bill mandates should be handled through voluntary contracts mutually agreed to by landlords and tenants, not through legislation.
* The bill establishes potential liability upon tenants for the cost of bed bug mitigation, whether or not they were actually responsible for the infestation.
* It establishes a power of landlords to enter rental properties without the consent of tenants. - Pro-libertyHB 611clarifying the equity jurisdiction of the judicial branch family division.
Why
This bill would clarify the statutes regulating the jurisdiction of the family courts.
* It would remove the "notwithstanding any other law to the contrary" clause from RSA 490-D:3, thereby allowing other statutes to regulate the family courts in concert with this statute. Currently, the courts have pointed to this clause in order to ignore other statutes attempting to regulate them.
* This bill would allow rules of evidence to be created in the family courts. Currently, there is no absolute standard by which a judge can be required to allow admissible evidence into court.
* This bill is in response to several actual cases that were brought before last session’s Redress Committee.
Wednesday, February 13, 2013 · House · 7 positions
- Pro-libertyPetitioner Representative Mark Warden on behalf of Ian Freeman, Jason Talley, Kate Ager, and Adam Mueller of Keene.
Why
This petition, which would seek redress by passage of a House resolution asking that certain orders of county officials, relative to access to the Superior Court, be rescinded, introduction of legislation allowing the public to record actions within courtrooms, and introduction of legislation prohibiting a judge from establishing rules of decorum in his or her courtroom.
* The New Hampshire Constitution states that citizens may seek redress of their grievances from the General Court.
* Freedom of the press and of speech are guaranteed by both the New Hampshire and U.S. constitutions. If the petitioners' rights were denied by a subdivision of the state, it is the General Court’s duty to consider the grievance.
* Transparency in all areas of government are a hallmark of New Hampshire public policy and must be protected. - Anti-libertyHB 134relative to contingency funds in towns.
Why
This bill would allow towns to create contingency funds for unanticipated expenditures.
* This bill would allow town departments to more easily go over budget, knowing that this additional town "slush fund" would cover for their irresponsibility.
* Currently, if a town truly needs additional monies to cover an emergency situation, they can petition the Superior Court to hold a special town meeting, allowing the town’s legislative body—the people—to approve or disapprove of such expenditures. If this bill were to pass, however, it would remove the people from this equation and place the selectmen in that role. - Pro-libertyHB 219limiting the authority of delegates to Article V convention.
Why
This bill would limit the authority of delegates to a constitutional convention.
* This bill enables the people to hold accountable a delegate to a constitutional convention called pursuant to Article V of the Constitution for the United States of America, should that delegate violate their oath of office and consider or support amendments outside of the people’s stated intent.
- Pro-libertyHB 311establishing a statutory expectation of privacy in personal materials.
Why
This bill would establish a legally-recognized expectation of privacy.
* This bill establishes an expectation of privacy in certain "personal materials" such as fingerprints, saliva, hair, and household papers, unless a search warrant is supported by probable cause.
* Breaches of this privacy right are punishable as a class B misdemeanor, or as a class B felony for subsequent violations. - Pro-libertyHB 323-FNestablishing the Franklin Partin right-to-work act.
Why
This bill would exempt employees that opt not to join a union from agency fees.
* To force someone that chooses not to associate with a union to pay dues to that union anyway is an act of coercion.
* Employment should be solely based upon the mutual benefit between employee and business.
* The NHLA opposes the criminal penalties and notice posting requirements contained in this bill. - Pro-libertyHB 387relative to immunity of guardians ad litem.
Why
This bill would protect guardians ad litem
* It protect guardians ad litem by providing judicial immunity.
* It provides a measure of accountability by removing their judicial immunity in the event of grossly negligent, malicious, or corrupt acts. - Pro-libertyHB 402relative to complaint investigation procedures of the guardian ad litem board.
Why
This bill would allow citizens to have voice against a government agent.
* The people ought to always have the power to register and have heard a complaint against an agent of the government, especially one whose work can so significantly affect their lives.
Wednesday, February 6, 2013 · House · 5 positions
- Pro-libertyCACR 1relating to taxation. Providing that a 3/5 vote is required to pass legislation imposing new or increased taxes or license fees, or to authorize the issuance of state bonds and providing that the general court shall appropriate funds for payment of interest and installments or principal of all state bonds.
Why
This bill would require a 3/5 vote to impose new or increased taxes or fees.
* This would make it more difficult for future legislators to increase taxes and fees, or create new ones.
- Anti-libertyHB 136-Lrelative to compensation for attendance at meetings of the county convention.
Why
This bill would increase the compensation for attending county delegation meetings.
* The stated reason for this 100% increase in the per diem for state representatives attending the county delegation meeting is to increase attendance for county convention work—a responsibility every representative already agreed to when choosing to run for office.
* This legislation takes effect sixty days after passage—this is very much a case of a legislature voting itself a raise. - Pro-libertyHB 144prohibiting 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.
* It upholds the United States Constitution, Article I, Section 10, which states: "No state shall enter into any Treaty, Alliance, or Confederation; ...."
* It upholds Part I, Article 2 of the New Hampshire Constitution, which states: "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 168-FNIncreasing the beer tax.
Why
This bill would increase the tax on beer.
* This bill would give New Hampshire the highest beer tax in New England—almost four times the rate of Massachusetts, which is 11 cents per gallon. Increasing our beer tax would hurt sales in the cities and towns along the Massachusetts border.
- Anti-libertyHB 251relative to the legislative members of the home education advisory council.
Why
This bill would allow for two legislators and one senator to be appointed to the home education advisory council.
* HEAC has six representatives from the home education community, and six from other state-level education agencies, creating a stable and balanced board. Restoring voting rights to the three legislative members gives them a “second bite at the apple” by having another opportunity to impact home education rules and policy. It also makes HEAC vulnerable to political shifts as the legislative HEAC members can sway policy.
* HEAC is part of the executive branch of government. Giving the legislative members of HEAC voting rights muddies the separation of powers between the legislative and executive branches.
* The original intent of SB 337 (2008) which added legislators to HEAC was to give the representatives and senator a better understanding of home education issues and law. This is not compromised by not having voting rights. Their voting rights were removed only last year via HB 545 (2012).
* This bill is flip-flop legislation, which is also counter to the role of HEAC, which is to create stability in home education rules and policy.