2014 Gold Standard

• Anti-libertyHB 1135-FNRelative to penalties for driving without a license.
  Why

  This report increases unlicensed driving from a violation to a class B misdemeanor.

  * This report, as amended, would only increase the penalty for driving while NEVER having had a license. Driving with a license that is between 1 day and 1 year expired stays a violation for a first offense, but a class B misdemeanor for a second offense in that 12 month window. It eliminates the penalty for driving with a license that is more than 12 months expired.
  * This crime has no victim and therefore the penalty is in violation of the Constitution, Part 1, Article 18 : "All penalties ought to be proportioned to the nature of the offense".
  * To pass this bill would require another bill next year to repair the flaws.

• Anti-libertyHB 421Relative to regulation of real estate brokerage and sales by the real estate commission.
  Why

  This report increases requirements and penalties on real estate licensees.

  * A minimum fine of $10,000 for holding oneself out as a real estate salesperson after having his/her license suspended is an inappropriately harsh penalty.
  * There is no proof that attending more required classes leads to better understanding or professionalism. Experience, broker supervision, membership organization rules, and personal ethics are more important than continuing education classes.
  * Mandating an increase from 12 to 15 hours of CEU courses for all licensees, regardless of their career experience, is a blanket approach with no proven effect other than raising the cost of doing business and enriching a very small number of instructors.

• Anti-libertyHB 498Permitting the use of firearms by military or veterans groups in the compact part of a town for military or veterans events, or national holidays.
  Why

  This report grants special privileges for various classes of men.

  * This bill seeks to exempt public safety workers, military veterans and historical re-enactors from the existing requirement that is applied to all other residents.
  * The US and NH constitutions, along with sound public policy, demand equal treatment under the law and not discriminating against (or for) various classes of men.

• Anti-libertyHB 532Relative to energy efficiency and clean energy districts.
  Why

  This report would allow towns or village districts to create special districts and borrow money to fund energy efficiency improvements in private property.

  * Violates the New Hampshire Constitution, Part 2, Article 5, states "the general court shall not authorize any town to loan or give its money or credit directly or indirectly for the benefit of any corporation."

• Pro-libertyHB 590Relative to the unauthorized practice of law.
  Why

  This report would allow landlords to represent themselves in circuit court.

  * Some judges have interpreted the current law as prohibiting a landlord from representing themselves in multiple eviction cases.

• Anti-libertySB 405-FNRequiring the registration of radon mitigation system installers with the board of home inspectors.
  Why

  This report requires certification for airborne radon installers.

  * New Hampshire leads the nation in placing onerous licensing and certification requirements on businesses, which only serves to discourage and drive away small businesses. This bill creates yet another unneeded certification mandate.
  * This new requirement would add compliance regulations on contractors and the board, raising the cost of doing business and raising prices to consumers.
  * Such certification schemes grant unearned benefits to named, private certifiers and erect barriers to entry to new providers, depressing free-market forces.

NHLA’s recommendations for this session are published.

Read the full Gold Standard

• Anti-libertySB 120-FNRelative to political contributions and expenditures and relative to reporting by political committees.
  Why

  This bill increases regulations on political speech.

  * The bill places an onerous and crippling paperwork burden on two or more people who wish to communicate their views to the public. It has a disparate impact on small political groups that would not be required to file under Federal election law.
  * This bill is a deliberate attempt to circumvent the Citizen's United decision, and is aimed at small groups.
  * New Hampshire has a long history of anonymous speech dating back to before the Revolutionary War.
  * This bill moves up the registration requirement of 'political committees' from 14 days to 48 hours. Political committees are defined as ' Any organization of 2 or more persons that promotes the success or defeat of... candidates or... measures.'
  * Failure to register is already a criminal offense (RSA 664:21 V), but SB120 adds a new fine on unregistered political committees of up to 25% of any expenditures, even if they aren't required to be reported.

• Anti-libertySB 207-FNRelative to paycheck equity.
  Why

  This bill adds new mandates on employers and the department of labor.

  * This bill is redundant as pay equity is already in statute (RSA 275:37 Equal Pay); feel-good legislation like this demeans more pressing issues.
  * New mandates on employers and on the commissioner add costs and reduce productivity.

• Anti-libertySB 319-FNRelative to access to reproductive health care facilities.
  Why

  This bill violates the 1st Amendment.

  * Whereas the NHLA has a policy of not taking positions on the issue of abortion in general, this bill's assault on freedom of expression protected by the First Amendment merits our taking a position in opposition to this bill.
  * The bill targets the right of people to peacefully assemble, violating the 1st Amendment.
  * The city of Manchester has an ordinance requiring foot traffic to keep moving as to not block sidewalks.
  * This bill pushes protesters away from the source and into neighboring properties.
  * This bill will force/allow a private business to place signage on public sidewalks/roads and possibly in front of neighboring properties.
  * Many of the complaints this bill looks to resolve are already covered by existing statutes.

• Pro-libertySB 355Relative to access to social media by educational institutions.
  Why

  This bill seeks to protect all students' social media privacy.

  * A school, private or not, by forcing a student to share their credentials, is both forcing someone to violate a contract and then, by using those credentials, violating a contract themselves.
  * Rarely does the NHLA support new criminal laws, but we support a law forcing people to not violate contracts.

• Anti-libertySB 369-FN-ARelative to the Medicaid enhancement tax.
  Why

  This bill expands a sales tax on essential medical services.

  * This tax is of questionable constitutional validity, which is admitted in the Majority report.

• Anti-libertySB 389Relative to the enforcement of motor vehicle laws by officers of the fish and game department.
  Why

  This bill grants conservation officers special powers.

  * Conservation officers are given leeway in the field to search personal effects and vehicles under the lesser restriction of "reasonable suspicion." All other officers must find "probable cause" before searching property without a warrant.
  * If this passes other divisions of law enforcement would be able to call conservation officers to traffic stops and thus circumvent their own "probable cause" restrictions.
  * The NHLA supports amendment 1813h, which raises the burden for a warrantless search at a traffic stop from 'reasonable suspicion' to 'probable cause.' This brings conservation officers in line with other law enforcement.

• Anti-libertySB 390Prohibiting discrimination against employees who are victims of domestic violence and establishing a committee to study the protection of employees from domestic violence.
  Why

  This bill would add another layer of prohibited practices on employers.

  * So-called discrimination bills are very difficult to enforce. They lead to increased litigation, and exacerbate cynicism among employers and the public.
  * Unless there is a proven, demonstrable problem in this area, added regulations simply make New Hampshire less attractive to businesses. That leads to a weaker economic base, which negatively affects all employees.

• Pro-libertySB 416-FN-ARelative to highway fund appropriations and establishing a committee to study the effectiveness and efficiency of the department of transportation.
  Why

  This bill prohibits allocation of highway funds to the judicial branch.

  * This will keep more of the highway fund money available for roads and bridges.

Read the full Gold Standard

• Anti-libertySB 259-FN-AEstablishing a palliative care center for health care consumers and providers and continually appropriating a special fund.
  Why

  This bill establishes a palliative care center for health care consumers and providers and continually appropriates a special fund.

  * Something so personal and sacrosanct as end-of-life palliative care should not be the domain of bureaucrats.
  * With the billions of dollars invested in medical care facilities and personnel in this state, existing providers can provide for this niche market easily and swiftly, without government intervention.
  * Any state-run entity will be a subsidized service competing with the free market, removing incentives for new entrants in the marketplace and limiting options for consumers.

• Pro-libertySB 329-FNRelative to advertising alcoholic beverages on billboards.
  Why

  This bill removes the prohibition on advertising alcohol on billboards.

  * Upholds the NH Constitution Part 1 Article 22 - "Free speech and liberty of the press are essential to the security of freedom in a state: They ought therefore to be inviolably preserved."
  * Advertising is a form of speech and should not be restricted by government.

• Anti-libertySB 366-FN-A-LRelative to video lottery and table gaming.
  Why

  This bill creates a state sanctioned "limited monopoly".

  * Violates the New Hampshire Constitution Article 83 Part 1 - "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."
  * Works against the small businesses that cannot compete with 2 large casinos.
  * Creates regulation system where one person is judge, jury and jailer.
  * NHLA takes no position on the gambling industry per se. We object to the way it is being unduly limited, controlled, regulated and taxed in this legislation.
  * NHLA supports the right of adults to gamble if they wish to do so without the fear of criminal penalties.

• Anti-libertySB 371-FNRequiring the establishment of a senior citizens bill of rights.
  Why

  This bill is an unfunded mandate on county nursing homes.

  * This bill is patronizing to our older citizens
  * Creates excessive business regulations on private communities.

Read the full Gold Standard

• Anti-libertySB 244Establishing a procedure for the annulment of a mental health record and establishing a commission to study mental health and firearms.
  Why

  This bill establishes a procedure for the annulment of a mental health record and establishes a commission to study mental health and firearms.

  * The amendment as passed by the Senate would conflate the issues of mental illness and firearm ownership.
  * Mental illness is a disease, not a crime, and those who would stigmatize the mentally ill in pursuit of a political agenda create a slippery slope from which few would remain unharmed or unsullied.
  * If the bill truly wished to restore 2A rights, then they should be written in RSA 135:C as part of the mental health statutes. To include it in pistol and revolver statutes forever links mental health with firearms.

Read the full Gold Standard

• Anti-libertySB 207-FNRelative to paycheck equity.
  Why

  This bill expands regulations on employers and the department.

  * This bill adds new regulations onto businesses, making them less competitive with those in other states and burdening them with additional compliance requirements. Further, "Equal Pay" legislation is already in statute, so this is unneeded.
  * New requirements will add more duties to the labor department, setting the stage for future growth.
  * So-called discrimination laws are very difficult to enforce and lead to an increasingly litigious environment.
  * By allowing the commissioner to enforce the laws merely "in response to complaints," it opens a Pandora's Box of potential politically motivated retributions in cases where no violation has been proven.

• Anti-libertySB 215-FNAuthorizing benefit corporations.
  Why

  This bill establishes a new business entity without well defined parameters.

  * General public benefit' means a material positive effect on society and the environment..." is vague and leaves too much discretion to the secretary of state to enforce. This could lead to selective, politically-motivated enforcement actions.

• Anti-libertySB 296Relative to preferences for veterans and disabled veterans in public employment.
  Why

  This bill creates preferences for veterans in public employment.

  * Violates Article 10, Part 1 of the NH 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;...".
  * Jobs should be given solely on the basis of merit and experience with no extra weighting given to anyone's special characteristics or status.

• Anti-libertySB 367-FN-ARequiring adjustment of the road toll according to changes in the Consumer Price Index, eliminating certain ramp tolls on the Everett turnpike in the town of Merrimack, and establishing a committee to study the effectiveness and efficiency of the department of transportation.
  Why

  This bill raises the gas tax and tyies it to the CPI.

  * This ensures that the gas tax is increased every 4 years in perpetuity.
  * Inflation is already a hidden tax on every citizen. Tying a fuel tax to inflation "adds insult to injury."
  * This will hurt sales of fuel for NH border town retailers and will encourage out of state sales of gasoline.
  * As is the case with most taxes, this gas tax will fall most heavily upon those who can least afford it.
  * This bill also increases the diesel tax. The cost to move goods (food, equipment, cars, wood, oil...) into or around New Hampshire will increase as a result.

Read the full Gold Standard

• Pro-libertyHB 1239-FN-LRelative to the implementation of new educational standards.
  Why

  This bill would require fiscal analysis and transparency.

  * The adoption of Common Core by the NH Board of Education is an unfunded mandate in violation of Part I Article 28-A of the New Hampshire Constitution.
  * This bill promotes fiscal transparency of government at all levels.
  * Many districts have communicated that they have costs that are specifically for the implementation of Common Core that they would not have otherwise, or these costs are accelerated in order to meet the mandated spring 2015 assessment implementation deadline. This has presented a significant burden for smaller and more rural districts.
  * The costs of implementing these new standards have never been fully identified or communicated at the state or local level. Before Common Core is fully implemented across the state, the citizens of NH should know what it will cost.

• Pro-libertyHB 1262Relative to student assessment data.
  Why

  This bill would safeguard student data.

  * Currently schools collect a massive amount of data on students that are not only academic related.
  * Federal FERPA protections were severely eroded in 2008 and 2011 and now permit student information to be shared with third-party organizations and private corporations without parental consent.
  * The Smarter Balanced Assessment Consortium agreement with the NH DOE allows the sharing of "student-level data" without guarantee the data is aggregated.
  * HB 1262 is the only bill before the legislature that addresses the unique problems presented with the new Smarter Balanced Assessments that are being piloted in NH schools now and will become mandatory in spring 2015. Until such protections are in place, districts will be liable for any breach of student privacy.

• Pro-libertyHB 1496Relative to the objectivity and validity of student assessment materials.
  Why

  This bill would require consistency with current law and protections of student privacy.

  * State law requires that all statewide assessments are valid, appropriate, and objectively scored per RSA 193-C.
  * Smarter Balanced Assessments are mandatory by spring 2015, yet will not be validated by this deadline; they are not appropriate for students according to several NH districts; and they are subjectively scored as they measure student values, attitudes and dispositions in direct violation of SB 48 (2013).
  * Districts are not obtaining written informed consent from parents when minor children are being asked to be unpaid participants in research of the Smarter Balanced Assessments.

• Pro-libertyHB 1508-FNTerminating state participation in the common core educational standards.
  Why

  This bill would restore local control of public education.

  * Common Core State Standards were rushed to adoption by the NH BOE in summer 2010 in order to expedite the Race to the Top grant application without adequate public notification or input.
  * Public records of the NH BOE meetings indicate that other proven successful state standards were never considered as part of the process of improving NH's state standards.
  * As part of the grant application and the Smarter Balanced Assessment Consortium agreement, the NH DOE promised to pilot and field test the experimental assessment.
  * The Smarter Balanced Assessment which is being field tested in schools across the state, often without prior parental consent, is in violation of RSA 193-C.
  * The SBA will be mandatory by spring 2015, but will not be validated by that date and includes dispositional questions in violation of SB 48 (2013) and RSA 193-C.

• Pro-libertyHB 1591-FNEstablishing the right-to-know grievance commission.
  Why

  This bill requires 72 notice before holding a public meeting.

  * Part first, Article 8 of the NH Constitution, reads "Government, therefore, should be accessible, accountable, and responsive."
  * The current law only requires 24 notice of a meeting - which may not be enough time for newspapers to print the story. By requiring an agenda be posted as well, the public will know what items will be discussed so they can prepare for them.

• Anti-libertyHB 366-FNRelative to showing a ballot.
  Why

  This bill makes it a misdemeanor to photograph and share your ballot.

  * This is a solution in search of a problem. There is no evidence that citizens are being coerced into recording their ballots.
  * Most citizens are proud of their right to vote, and some wish to share it with friends. It is their choice and their constitutional right to free speech – US Constitution - First Amendment and NH Constitution Part I, Art. 22.
  * After-the-fact photos are not currently illegal according to RSA 659:35.

• Pro-libertyHB 492-FN-LRelative to the legalization and regulation of marijuana.
  Why

  This bill would tax and regulate marijuana.

  * Adults have a fundamental right to make choices about how they treat their bodies, including what substances they ingest. 65% of New Hampshire voters support taxing and regulating marijuana like alcohol.
  * According to the NHCLU, New Hampshire spent $6,526,364 on enforcing marijuana possession laws in 2010 alone. If HB492 were to become law, we would be receiving tens of millions in taxes instead.
  * Although the NHLA generally opposes new or increased taxes such as the ones included in HB492, they may be appropriate in this instance because:
  * "Sin taxes" may be considered a user fee when used to address potential costs to society from the taxed activity.
  * Keeping the price of marijuana artificially high through taxes would more closely mirror the current street price, and bring much-needed revenue to the general fund instead of letting the profit go to street gangs and drug cartels.
  * Taxing and regulating marijuana would improve the status quo so significantly that these taxes are an acceptable compromise in exchange for this expansion of personal liberty

• Anti-libertyHB 650Making an appropriation to start a bus service between Claremont and Lebanon.
  Why

  This bill would waste taxpayer money.

  * Free market solutions are more efficient and cost less.
  * The state should be reducing regulations and barriers to entry so more competitors could enter the marketplace for bus shuttle services.
  * This bill would provide taxpayer money for a service that has a track record of failure -- ridership usually falls below projections and fares never cover the cost of operations.

• Anti-libertySB 413-FN-ARelative to access to health insurance coverage.
  Why

  This bill is fiscally irresponsible in the long term.

  * There are no reasonable financial safeguards if this bill should be adopted.
  * This bill would likely lead to a state income or broad-based sales tax.
  * This bill has been rushed through without adequate public input and examination.
  * By 2022, this program would cost NH between $40 to $45 million which is more than our current revenue structure can support.
  * Other states have implemented a program similar to the one proposed in this bill and it has been a financial and medical disaster.

Read the full Gold Standard

• Anti-libertyHB 1264Relative to carrying of firearms by nonresidents.
  Why

  This bill, as amended, creates a study committee.

  * Nay on OTP as amended. The committee amendment did not have a public hearing, is substantively different from the original bill, and is non-germane to the original bill.
  * Yea on OTP for the original bill. NH Part 1 Article 2-a. [The Bearing of Arms.] is for all persons, even those from Vermont.
  * The NHLA opposes the committee amendment -- NAY on OTP/A. NHLA supports the original intent and language of the bill before the committee amendment. - YEA on OTP.

• Pro-libertyHB 1307Prohibiting the state and political subdivisions from acquiring military-equipped vehicles or equipment which are not readily available in an open national commercial market.
  Why

  This bill upholds a community-like atmosphere to towns and municipalities.

  * Restricts towns and municipalities from purchasing or receiving military equipment, saving those tax dollars for more important needs
  * Prohibits the continual increase in armament of the local police force ensuring they are focused on building better community relations vs. escalating confrontations to the point where citizens are killed.
  * Prevents the purchase of equipment that was designed for the battle field, not for community policing.

• Anti-libertyHB 1351Prohibiting tanning facilities from tanning persons under 18 years of age.
  Why

  This bill prohibits tanning facilities from tanning persons under 18 years of age.

  * The trend towards infantilization of the youth of the state, particularly over something as trivial as choosing to take a tan, at the same time shows a disrespect for their judgment and does nothing to help a young adult learn to make decisions for themselves.
  * This bill has a disproportionate impact on young women.
  * Young women are already allowed to make enormously more significant health choices wholly independent of their parents.

• Pro-libertyHB 1379Excluding firearms records from public records subject to disclosure under 91-A.
  Why

  This bill excludes firearms records from public records subject to disclosure under the Right-to-know law.

  * The current law (RSA 159:6-a) only limits inspection of those applications and records – this bill goes further in protecting privacy to prevent disclosure of this personal information.

• Anti-libertyHB 1501Requiring licensing of outpatient abortion facilities.
  Why

  This bill would create a new business license.

  * Government interference in the market through business licensing discourages competition, and creates unnecessary compliance costs that will ultimately be passed on to the consumer.
  * This bill delegates most details to the Department of Health and Human Services, directing them in 10 different parts of HB1501 to develop rules that would carry the force of law.

• Anti-libertyHB 1532Relative to notification for radon level prior to sale or lease of property.
  Why

  Relative to notification of radon and arsenic levels.

  * While encouraging informed buyers is a good thing, dictating the language of private contracts is a bad thing.
  * It is the buyer's responsibility to hire a home inspection professional, and have any desired tests made. This is not a cost that should be placed upon the seller.

• Pro-libertyHB 1586Relative to student and teacher information protection and privacy.
  Why

  Relative to student and teacher information protection and privacy.

  * HB 1586 protects the privacy rights of students and teachers while addressing other data and privacy issues that other legislation does not include.
  * During public hearing, the HEC spoke very highly of the thorough research and documentation supplied by the prime sponsor. No additional study is needed or appropriate.

• Anti-libertyHB 1611Adding certain products to the controlled drug act.
  Why

  This bill adds certain products to the controlled drug act.

  * Most of the related chemical compounds, sometimes known as bath salts, K-2, and Spice, are already banned under the federal controlled drug act. Adding them to NH law is redundant.
  * While currently legal, making these specific substances illegal will lead to manufacturers creating potentially more-harmful substances to skirt the prohibition. The complex compounds can be modified by changing one chemical element, thus making it legal but less proven.
  * The growth in sales of these substances stems from the prohibition on marijuana, which is similar in effect but is shown to be much less dangerous to a user's health than these chemicals.

• Anti-libertyHB 263Relative to reporting a person as medically unfit to drive.
  Why

  This bill grants legal immunity to medical providers who report patients to the DMV/DOS.

  * The bill is written broadly and can be arbitrarily imposed and enforced. For example, there is no time period in which the driver must be deemed unfit to "safely operate a motor vehicle" based on one person's observation. A person with two broken legs is obviously unfit, but once healed should not be restricted under the scarlet letter of the medical reporting.
  * This bill enables private medical records to be retained indefinitely by the DMV, possibly violating HIPAA rules and weakening—by practice if not intent—the privacy of personal medical records.

• Pro-libertyHB 435Relative to funding for chartered public school pupils.
  Why

  Relative to funding for chartered public school pupils.

  * NH charter schools are part of the public school system.
  * For many low- and middle-income families, charter schools provide their only access to schools of their choice.
  * No new money is needed because the state budget's line item for charter schools has a surplus. State adequacy will not increase from existing levels per the LBO. Adequacy costs will decrease, with surpluses projected at $6M and $11.8M in 2014 and 2015 respectively.
  * If HB 435 passed, charter schools would receive only 2% of the state adequacy aid with the 98% going to traditional public schools.

Read the full Gold Standard

• Anti-libertyHB 1149Relative to the requirements for filing a charter school application.
  Why

  Relative to the requirements for filing a charter school application.

  * This bill would require proposed charters to have 50% of their application based on the educational mission statement. This would devalue the remaining evaluation criteria, such as the budget and financial management, curriculum, and academic goals.
  * This proposed change is dramatic and will complicate the approval process and make it more subjective.

• Pro-libertyHB 1159Providing immunity from criminal prosecution for seeking medical assistance with an emergency drug or alcohol overdose event.
  Why

  Relative to immunity when seeking medical assistance for overdoses.

  * This bill would save lives by encouraging people to call 911 or otherwise seek medical attention when someone is having a drug or alcohol overdose.
  * This bill would not provide immunity for drug dealing or other serious charges, the bill (as amended) spells out immunity for a few things like possession.
  * This is a small-government solution to the problem of drug overdose deaths—unlike the big government prescription drug database passed last term, it focuses on getting help and saving lives at the moment of crisis.

• Pro-libertyHB 1230-FNRelative to imposition of consecutive sentences.
  Why

  This bill creates provisions for the calculation of concurrent and consecutive sentences.

  * This bill would require that judges state in writing the reasons for imposing consecutive sentences.
  * This bill could lead to reduced sentences, which would save NH taxpayers.

• Pro-libertyHB 1307Prohibiting the state and political subdivisions from acquiring military-equipped vehicles or equipment which are not readily available in an open national commercial market.
  Why

  This bill upholds a community-like atmosphere to towns and municipalities.

  * Restricts towns and municipalities from purchasing or receiving military equipment saving those tax dollars for more important needs
  * Prohibits the continual increase in armament of the local police force ensuring they are focused on building better community relations vs. escalating confrontations to the point where citizens are killed.
  * Prevents the purchase of equipment that was designed for the battle field, not for community policing.

• Pro-libertyHB 1323Relative to candidates for state representative.
  Why

  This bill allows constitutionally eligible 17 year olds to file for State Rep.

  * Article 11, Part First requires that "every inhabitant of the state, having the proper qualification, has equal right to be elected into office." Any inhabitant who is 18 on or before election day meets the age qualification and has an equal right to be elected.
  * The Supreme Court has struck down laws like alphabetical listing of candidates as a violation of the equal right to be elected; requiring some 18-year olds—but not others--to use write-in campaigns to qualify for the ballot is not equal!

• Pro-libertyHB 1362-FNProhibiting enforcement of any federal law which bans certain firearms or limits firearm magazine size and establishing a criminal penalty for such enforcement.
  Why

  This bill protects state jurisdiction from the over-reach of federal law.

  * The bill seeks to correct the continued abuse of power by the Federal government in areas not delegated to Congress: The New Hampshire Constitution clearly states: "[Art.] 7. [State Sovereignty.] The people of this state have the sole and exclusive right of governing themselves as a free, sovereign, and independent state; and do, and forever hereafter shall, exercise and enjoy every power, jurisdiction, and right, pertaining thereto, which is not, or may not hereafter be, by them expressly delegated to the United States of America in congress assembled."
  * The bill corrects the current restrictions in place from the Federal Government that are not supported by the tenth amendment in the Bill of Rights: "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."
  * The bill is pro-business as there are a significant number of manufacturers and customers in the state that would benefit from reduced regulation.

• Pro-libertyHB 1392-FN-LRemoving the restriction on the number of pupils eligible to transfer to a chartered public school.
  Why

  This bill removes the restriction on the number of pupils eligible to transfer to a chartered public school.

  * HB 1392 removes the current 10% limit per grade currently in law, which discourages charter school opportunities in the North Country.
  * This bill will encourage more charters to open and allow greater school choice in areas with smaller populations.

• Pro-libertyHB 1393-FN-LRelative to tuition payments for students attending a chartered public school in the student's district of residence.
  Why

  Relative to tuition payments for students attending a chartered public school in the student's district of residence.

  * Some local school districts which do not operate their own full-time elementary or secondary school provide tuition to students so that they can attend nearby public school districts. This bill would allow parents to select a charter school operating within their district as an alternative.
  * The resident district would pay the charter school the tuition minus the amount the charter receives from the state (currently $5498).
  * The costs to the resident district would be less and families would have more educational options.

• Anti-libertyHB 1403Establishes a state minimum wage and increases it with inflation.
  Why

  This bill establishes a state minimum wage and increases it with inflation.

  * A state set minimum wage prevents individuals from freely agreeing to a lower rate, while they prove their productivity or learn on the job. People who are willing to work for less cash but higher benefits should be able to express this preference in the marketplace.
  * Internships and apprenticeships are recognized as the best way to learn a complex profession, but few employers will risk paying a beginner very much.
  * The very idea of a minimum wage is patronizing and demeaning, as it implies that citizens don't know how much they're worth and are incapable of negotiating with an employer.

• Anti-libertyHB 1409Expanding the law against discrimination to prohibit housing discrimination.
  Why

  This bill expands the law against discrimination to prohibit housing discrimination to various new categories of individuals.

  * This bill reduces property rights and is contrary to the freedom of association rights of the First Amendment.

• Pro-libertyHB 1452Relative to jury nullification.
  Why

  This bill requires a judge to notify jurors of their rights to judge the application of a law prior to deciding a case.

  * Jurors have the right to return a not-guilty verdict if they think applying a law in a particular case is fundamentally unjust.
  * Most jurors have never been in a courtroom, and jurors who do not understand their rights cannot exercise them.
  * Asking our judges to briefly inform jurors of all their rights is not burdensome, time consuming, or expensive.

• Pro-libertyHB 1541-FNAllowing health insurance policies to be sold without mandates.
  Why

  This bill would allow the sale of health insurance without mandates.

  * Insurance mandates add to the cost of policies by requiring purchasing "insurance" for something that the consumer may or may not want. For example, women are required to buy policies that include coverage for midwife services, even if they don't plan on having a child or giving birth outside a hospital. (RSA 420-B:8-p)
  * While allowing people to opt out of buying policies with insurance mandates will increase premiums for those who don't, it's only because the higher price more accurately reflects the risk that they are buying insurance for.

• Anti-libertyHB 1601Relative to mandatory headlamp use.
  Why

  This bill adds an unnecessary mandate.

  * Current law requiring headlamps only 1/2 hour after sunset and 1/2 hour before sunrise is because that is (approximately) when it actually becomes dark enough to need them. It is not dark at sunset or sunrise.
  * This law removes common-sense discretion from motorists as to when rain, snow, or fog is thick enough to require headlamp use.
  * This law will only lead to people being ticketed for committing technical violations of the law when no actual harm could have been possible. Headlamps are not needed at sunset or sunrise but now not using them will be a violation. A single patch of fog or a barely noticeable drizzle or snow flurries will be able to be used by police to ticket people needlessly.

• Pro-libertyHB 1609-FNRelative to forfeiture of personal property.
  Why

  Relative to forfeiture of personal property.

  * This bill bans civil forfeiture in the state of New Hampshire.
  * Civil forfeiture, unlike criminal forfeiture, occurs without charges, and without a conviction.
  * Money seized is often routed through a federal agency, which gives the money back to the police who seize it, bypassing the state entirely, thus creating perverse incentives to seize property.

• Pro-libertyHB 1625-FNRelative to penalties for possession of marijuana in the amount of one ounce or less and the cultivation of marijuana plants.
  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.
  * 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 1626-FN-A-LEstablishing up to 6 gambling establishments in the state and a gaming oversight authority and continually appropriating a special fund.
  Why

  This bill promotes some form of a government sponsored monopoly on gambling.

  * If one wants to allow of gambling in New Hampshire, simply repeal RSA 338:1-4 related to various prohibitions on gambling contracts and transfers of property due to gambling and RSA 647:2 which criminalizes gambling.

• Anti-libertyHB 1628-FN-A-LRelative to games of chance and establishing a gaming regulatory commission and video lottery gaming.
  Why

  This bill promotes some form of a government sponsored monopoly on gambling.

  * If one wants to allow of gambling in New Hampshire, simply repeal RSA 338:1-4 related to various prohibitions on gambling contracts and transfers of property due to gambling and RSA 647:2 which criminalizes gambling.

• Anti-libertyHB 1633-FN-A-LRelative to expanded gaming in New Hampshire.
  Why

  This bill promotes some form of a government sponsored monopoly on gambling.

  * If one wants to allow of gambling in New Hampshire, simply repeal RSA 338:1-4 related to various prohibitions on gambling contracts and transfers of property due to gambling and RSA 647:2 which criminalizes gambling.

Read the full Gold Standard

• Anti-libertyHB 1117Relative to restricting usage of cellular phones while driving.
  Why

  This bill would fine citizens for cell phone use in vehicles.

  * Driving fatalities have been on a downward trend despite massive cell phone adoption over the last ten years. In states where cell phone restrictions have been instituted there has not been a significant change in fatal accidents.
  * This law is redundant, outlawing something that is already covered by existing law. RSA 265:79-b, the offense of negligent driving, already exists and is quite sufficient.

• Anti-libertyHB 1118Prohibiting certain drivers from using hand-held devices for communication.
  Why

  This bill would fine citizens for cell phone use in vehicles.

  * Driving fatalities have been on a downward trend despite massive cell phone adoption over the last ten years. In states where cell phone restrictions have been instituted there has not been a significant change in fatal accidents.
  * This law is redundant, outlawing something that is already covered by existing law. RSA 265:79-b, the offense of negligent driving, already exists and is quite sufficient.

• Anti-libertyHB 1132Relative to school building inventory reports.
  Why

  This bill requires school districts to complete a school building inventory report.

  * This bill creates more bureaucratic layers to chase non-existent funding.
  * Increases central planning and mandating time, money, and efforts at the local level.

• Pro-libertyHB 1184Increasing the speed limit on a portion of Route 101 to 70 miles per hour.
  Why

  This bill would increase the speed limit on a portion of the highway.

  * 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.

• Pro-libertyHB 1185Increasing the speed limit on a portion of I-89 to 70 miles per hour.
  Why

  This bill would increase the speed limit on a portion of the highway.

  * 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.

• Pro-libertyHB 1216-FNRelative to the crime of causing or aiding suicide.
  Why

  This bill would delete language relating to soliciting another to commit suicide.

  * This bill retains the language that purposely aiding another to commit suicide is a crime. Removing the the phrase "or solicits" serves to protect family and friends as they discuss with loved ones the choices that may be made in terminally ill situations.
  * The state should not be interfering in or judging the solemn conversations that may occur between parties who are emotionally close to one another.

• Pro-libertyHB 1247Requiring the Department of Education to share costs of implementing statewide online assessment technology requirements.
  Why

  This bill requires the department of education to reimburse school districts for technology costs.

  * The new required statewide assessment is an unfunded mandate and violates the New Hampshire Constitution Part I Article 28-A. Although all school districts plan for some technology upgrades and improvements, the conversion to the online adaptive Smarter Balanced Assessment is a hardship to smaller districts which have significant and costly upgrades to implement.

• Pro-libertyHB 1274Relative to the quarterly or semi-annual payment of rent.
  Why

  This bill provides additional options for property owners and renters.

  * Current law, meant to protect tenants from being charged exorbitant up-front rental costs such as a huge security deposit, has the unintended effect of preventing people from paying their rent in installments larger than one month. This bill would fix this.

• Pro-libertyHB 1277Relative to grocery sales by stores licensed to sell alcoholic beverages.
  Why

  This bill would remove a $3000 grocery inventory requirement from beer & wine stores.

  * This bill removes the requirement that any establishment selling beer and wine maintain a $3000 wholesale inventory value of grocery items.
  * The state liquor commission admits that many stores meet this requirement by keeping Spam, Vienna sausages, and other canned items that don't spoil quickly, which are never sold.
  * For a beer & wine store, this requirement is a wasteful and protectionist, and serves as a barrier to entry to small stores that only stock $15,000 in alcohol inventory.

• Pro-libertyHB 1292-FNCreating an affirmative defense for a person who causes or aids another in committing suicide.
  Why

  This bill would create an affirmative defense for a person who causes or aids another who is terminally ill in committing suicide.

  * This bill would allow an affirmative defense only against the charge of 'causing or aiding suicide,' which is when someone takes their own life. It does not create a defense against a charge of murder; the taking of someone else's life.
  * The current law cruelly prevents friends and family from being with their loved one at the end because of the threat of a Class B Felony.

• Pro-libertyHB 1325-FNRelative to death with dignity for certain persons suffering from a terminal condition.
  Why

  This bill would let adults make decisions about their own body.

  * Adults have a fundamental right to make decisions about their bodies—whether it be smoking, eating trans fats, buckling a seatbelt, or choosing to end their pain and suffering from a terminal condition.
  * Adults who currently choose to end their own lives should be able to have their loved ones present at the end without their risking felony charges (RSA 630:4).
  * The easiest way to address "death with dignity" would be to simply repeal laws prohibiting the aiding of suicide, instead of creating additional bureaucracy.

• Pro-libertyHB 1339Relative to "table stakes games."
  Why

  This bill would allow individuals to play table stakes games.

  * Playing games that harm no one should never be a crime, regardless of incentives.
  * Would effectively make it legal for 8 friends to sit around a table and play poker with monetary stakes.

• Pro-libertyHB 1345-FNRelative to forfeiture of items used in connection with a drug offense.
  Why

  This bill would reduce the theft of personal property by the police.

  * This bill ensures that the state can only attempt to forfeit property after a person has been convicted of the crime of which they are accused. Current law is open to abuse where the state could take someone's property for a "crime" for which they have not even been convicted!

• Anti-libertyHB 1360Prohibiting impeded driving and use of certain electronic devices while driving.
  Why

  This bill would fine citizens for cell phone use in vehicles.

  * Driving fatalities have been on a downward trend despite massive cell phone adoption over the last ten years. In states where cell phone restrictions have been instituted there has not been a significant change in fatal accidents.
  * This law is redundant, outlawing something that is already covered by existing law. RSA 265:79-b, the offense of negligent driving, already exists and is quite sufficient.

• Pro-libertyHB 1435Requiring law enforcement officials to disclose specific information relating to a police checkpoint.
  Why

  This bill would require judicial oversight and public notice of police 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.
  * Searches of citizen's effects are supposed to require judicial review and deliberation.
  * Citizen's shouldn't feel ambushed by checkpoints while using the roads they pay for, nor should they feel compelled to answer questions about their business without cause.

• Pro-libertyHB 1437Relative to license revocation for drugs or alcohol involvement.
  Why

  This bill would limit license suspensions for under age drink to offenses where driving was actually involved.

  * Would uphold the New Hampshire Constitution Article 18, Part 1 - "All penalties ought to be proportioned to the nature of the offense."
  * Two teenagers are drinking at a party. One walks home to avoid drinking and driving. The other recklessly gets behind the wheel. If they both are caught, the New Hampshire Constitution dictate that they get different penalties, since one teen put others at risk. Instead, current law treats them both the same. HB1437 would fix that.

• Pro-libertyHB 1474Relative to persons held in civil contempt.
  Why

  This bill requires a finding that the person has the liquid assets to pay the contempt penalty.

  * Incarceration civil contempt presumes that the debtor has the ability pay the debt. Imprisoning an individual for a debt which they do not have the ability to pay is debtors prison; an archaic and counter productive practice.
  * Failure to ensure that the person being imprisoned for civil contempt has the ability to pay amounts to a failure of due process and maladministration of justice.
  * Using imprisonment to cause family members not responsible for the debt to assume the debt is unprincipled and an abuse of power.

• Pro-libertyHB 1533-FNRequiring a warrant to search information in a portable electronic device.
  Why

  This bill would require a warrant to search information in a portable electronic device.

  * NH constitution Article 19, Part I states, "Every subject hath a right to be secure from all unreasonable searches [...]"
  * The Texas Court of Criminal Appeals ruled in State v. Granville on February 26, 2014: [W]e conclude, as did the court of appeals, that ... Given modern technology and the incredible amount of personal information stored and accessible on a cell phone, we hold that a citizen does not lose his reasonable expectation of privacy in the contents of his cell phone merely because that cell phone is being stored in a jail property room.
  * Last week, the Massachusetts Supreme Judicial Court ruled that police needed a search warrant to obtain historical cell site records from a cell phone provider. New Jersey's Supreme Court reached the same result last year.

• Pro-libertyHB 1539Relative to the repeal date of 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. It promised funds to create such a board.

• Pro-libertyHB 1548-FNEliminating separate penalties for crack cocaine.
  Why

  This bill would eliminate the cocaine/crack cocaine disparity.

  * Under current law, possession of 5 grams of crack cocaine is treated more harshly than possession of 140 grams of powdered cocaine. (RSA 318-B:26).
  * According to the NHCLU, this 28:1 disparity is the largest in the country.

• Pro-libertyHB 1550Permitting the audio and video recording of a public official while in the course of his or her official duties.
  Why

  This bill would permit the audio and video recording of a public official while in the course of his or her official duties.

  * On the job means on the record: Part I, Art.8 of the New Hampshire Constitution provides that officers and agents of the government are at all times accountable to the people.
  * A member of law enforcement has a right to record you without your consent at a traffic stop, but citizens recording the exact same conversation have been threatened and even charged with a felony.

• Pro-libertyHB 1573-FNDiscontinuing regional planning commissions and requiring the election of municipal planning board members.
  Why

  This bill would allow more local control of municipal planning board membership.

  * By requiring planning boards to be elected by the people, this bill will prevent town governments (e.g., the selectmen or city councils) from stacking the planning board with people who will do as they demand.
  * Regional planning commissions promote top-down, centralized planning, in direct conflict with New Hampshire's tradition of decentralized, local control. In particular, regional planning commissions are one of the primary ways that the federal government and supranational bodies like the U.N. bypass elected town government in order to implement central planning.

• Pro-libertyHB 1597Reducing the rate of tax on meals under the meals and rooms tax.
  Why

  This bill reduces the meals tax by about 1%.

  * People should not be forced to pay more for the necessity of eating meals.
  * Reduction in tax rates can lead to increased consumer spending which would help NH businesses

• Anti-libertyHB 1601Relative to mandatory headlamp use.
  Why

  This bill adds an unnecessary mandate.

  * Current law requiring headlamps only 1/2 hour after sunset and 1/2 hour before sunrise is because that is (approximately) when it actually becomes dark enough to need them. It is not dark at sunset or sunrise.
  * This law removes common-sense discretion from motorists as to when rain, snow, or fog is thick enough to require headlamp use.
  * This law will only lead to people being ticketed for committing technical violations of the law when no actual harm could have been possible. Headlamps are not needed at sunset or sunrise but now not using them will be a violation. A single patch of fog or a barely noticeable drizzle or snow flurries will be able to be used by police to ticket people needlessly.

• Pro-libertyHB 1621-FNRedefining simple assault.
  Why

  This bill would redefine simple assault.

  * Under current law, there have been absurdities with people charged for assault simply because they laid their hand on someone's shoulder or brushed up against someone who didn't like it. This bill would require that such physical contact actually be offensive, threatening, or harmful, before an actual crime could be charged.

• Pro-libertyHB 1622-FNPermitting qualifying patients and registered caregivers to cultivate cannabis for therapeutic use.
  Why

  This bill would allow for a grow your own provision to therapeutic cannabis.

  * Although NH passed a medical marijuana law in 2013, no patient has received any benefit from the law. Patients still have no legal protection and no legal access to marijuana.
  * If HB 1622 passes, patients can finally be issued ID cards this summer and they can finally begin growing a couple of plants.
  * If HB 1622 doesn't pass, patients will have no legal way to obtain medical marijuana until dispensaries open, which will be summer 2015 at the earliest (and could be longer).

Read the full Gold Standard

• Pro-libertyCACR 16Relating to the nomination and appointment of officers. Providing that judicial officers shall be confirmed by the legislature.
  Why

  This bill provides a check on the executive branch.

  * This bill allows the Legislature to vet judicial appointments. It is very difficult to remove problematic judges currently; this bill would allow the Legislature to head off this problem by refusing to confirm judges that are already known to be a problem.

• Pro-libertyHB 1125-FNRepealing the crime of adultery.
  Why

  This bill makes adultery a civil matter.

  * Adultery is a violation of a marriage contract—a private contract between two parties—and should not be punished criminally.
  * This law has gone unenforced for decades. Leaving such laws on our books creates confusion and disrespect for the law.
  * "These laws harken back to an earlier period, where a majority of citizens claimed the right to impose their values and morals on their neighbors. The notion of a government policing immorality runs against the grain of our constitutional system. That is more often associated with countries like Iran, where morality police roam the streets." --Jonathan Turley, legal scholar, 2011

• Pro-libertyHB 1137-FNRelative to annulment of certain obstruction of justice crimes and relative to the crime of escape.
  Why

  This bill redefines and reclassifies felony escape.

  * Reducing penalties for lesser crimes, and in the case of the new misdemeanor escape, relatively victimless crimes, will simplify the process of a person getting on with their lives. A felony on one's record makes one difficult to hire, in fact there are many jobs that strictly prohibit hiring felons. Simple escape, when there is no malice, forethought, or harm should not be classified as a felony.
  * Would classify non-violent escape as a Class A misdemeanor while providing a clearer definition of felony escape. Those convicted of the more serious crime would still be barred from appealing for annulment under section 651:5 V.
  * Keeping people out of prison for lesser crimes will save the taxpayer money.

• Pro-libertyHB 1204-FNRelative to perjury by a law enforcement officer.
  Why

  This bill makes clear that a badge does not excuse perjury.

  * Perjury is a felony, compared to other forms of official falsification which are misdemeanors. Would it be in the best interest to the citizens of New Hampshire to have police officers continue in their position as convicted felons?
  * Police officer testimony is virtually always given more weight than the testimony of private citizens. That some cops take advantage of this and openly lie on the stand is so well known among criminal defense attorneys that they even have a term for this: "Testilying."
  * "For anyone who has practiced criminal law in the state or Federal courts, the disclosures about rampant police perjury cannot possibly come as a surprise. "Testilying" -- as the police call it -- has long been an open secret among prosecutors, defense lawyers and judges." -- Alan Dershowitz, New York Times http://www.nytimes.com/1994/05/02/opinion/controlling-the-cops-accomplices-to-perjury.html
  * The existence of the threat of "testilying" is a massive injustice. This threat is such a real possibility that innocent citizens are counseled into "taking the plea deal" rather than taking a chance on the officer's honesty.
  * This bill would restore the people's trust in their judicial system. It would alleviate the threat of "testilying" during pre-trial negotiations, and it will encourage the innocent to prove their innocence in court.
  * NHLA supports YEA on OTP

• Pro-libertyHB 1217Allowing wholesale distributors to purchase beverages from nano brewery licensees.
  Why

  This bill allows distributors from New Hampshire to buy from nano breweries.

  * Allows distributors from New Hampshire to do what distributors from other states can already do - directly support NH nano breweries.

• Pro-libertyHB 1237Prohibiting residency restrictions for registered sex offenders and offenders against children.
  Why

  This bill would repeal residency restrictions.

  * Courts in New Hampshire have already repealed sex offender residency restrictions in Franklin and Dover; this will codify court decisions consistently throughout the state.
  * Residency restrictions can backfire by driving people on the registry underground, where they are harder to track and monitor.
  * Limitations on residency can force people on the registry further from the support networks they need the most: jobs, therapy, and public transportation, making it more difficult to re-assimilate into society.

• Anti-libertyHB 1266Relative to the appointment of the town clerk.
  Why

  This bill would permit a town to authorize the board of selectmen or the town manager to appoint the town clerk.

  * This bill would reduce local control of the voters in the election of town clerks; which has been the tradition for more than 300 years.
  * This is a "solution" looking for a problem.

• Anti-libertyHB 1288Requiring bottled water labels to indicate the source of water.
  Why

  This bill would create a mandate on beverage manufacturers.

  * This bill would mandate that every container of bottled water sold or offered for sale to a consumer in this state shall have a source of water indicated on the label. This would be especially burdensome on manufacturers.

• Pro-libertyHB 1301Relative to transportation of alcoholic beverages by a minor.
  Why

  This bill allows a minor to transport an adult and liquor at the same time.

  * The state should not be criminalizing the harmless behavior of minors transporting unopened alcohol.
  * Current liquor laws provide penalties for underage consumption or providing alcohol to minors.

• Anti-libertyHB 1341Relative to grounds for divorce for persons with minor children.
  Why

  This bill would harm parent-child relationships.

  * This bill has many unintended consequences:
  * One of the parents would be identified as the cause of the divorce potentially eliminating any ability for the parties to co-parent agreeably and negatively impact parent-child relationships.
  * It would require longer and more costly court hearings.
  * Moreover, intolerable marriages may be forced to stay intact and could also encourage perjury to dissolve an intolerable marriage, e.g. one inflicted with drug abuse or financial recklessness.

• Anti-libertyHB 1360Prohibiting impeded driving and use of certain electronic devices while driving.
  Why

  This bill fines citizens for cell phone use in vehicles.

  * Driving fatalities have been on a downward trend despite massive cell phone adoption over the last ten years. In states where cell phone restrictions have been instituted there has not been a significant change in fatal accidents.
  * This law is redundant, outlawing something that is already covered by existing law. RSA 265:79-b, the offense of negligent driving, already exists and is quite sufficient.

• Pro-libertyHB 1369Adopting the Uniform Marital Property Act.
  Why

  This bill protects property rights.

  * Strengthens your right to contract with your property, not have it divided at a judge's whim.
  * Limits federal tax payments.

• Anti-libertyHB 1405Prohibiting 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 a 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 1436Relative to unlawful possession of alcoholic beverages.
  Why

  This bill allows minors to possess alcohol for limited reasons.

  * This bill restores parental responsibility and family choice in allowing a minor to possess alcohol for religious, medical or other reasons. This is more properly a role of parents, not law enforcement.
  * A teenager sipping wine under parental supervision during a religious ceremony should not be deemed a criminal by the state.

• Pro-libertyHB 1476Exempting proprietorship from taxation under the business enterprise tax.
  Why

  This bill would exempt non-franchised enterprises (proprietorships) from BET.

  * Incorporated enterprises (Inc., LLC, PLC, PCC, type-S) are technically franchises of the State. A franchise is defined as the power granted by the State to do business in a manner not available to the general public (without liability). In 1903, the people of the State authorized the expansion of taxation to include additional forms of property such as franchises. If the business enterprise tax is lawful, it is because it is a franchise tax.
  * The business enterprise tax is a franchise tax, it cannot be levied on non-franchises. Proprietorships are not franchises. A proprietorship is legally identical to its owner(s), owners are fully liable for the actions of the proprietorship.
  * The business enterprise tax cannot be levied on individuals, therefore, it cannot be levied on the proprietorships with whom they are identical. This is entirely consistent with supreme court decisions as the distinction is solely in the class of property, franchise or proprietorship, and not upon the any distinction in the owners.
  * This is a distinction in classes of property (franchise or proprietorship), not a distinction between the taxpayers who own the property.

• Pro-libertyHB 1477Exempting proprietorships from taxation under the business profits tax.
  Why

  This bill would exempt non-franchised enterprises (proprietorships) from BPT.

  * The BPT is only constitutional if it is a franchise tax (a tax on an incorporated enterprise).
  * Franchise taxes cannot be levied on non-franchised enterprises (proprietorships)
  * This is a distinction in classes of property (franchise or proprietorship), not a distinction between the taxpayers who own the property.

• Anti-libertyHB 1506Relative to student identification cards used to satisfy voter identification requirements.
  Why

  This bill would make it harder for eligible voters to cast a ballot.

  * Violates Article 11 Part 1 of the NH constitution "All elections are to be free to all inhabitants of the state...".
  * There is no credible evidence that impersonation fraud is a problem in New Hampshire.

• Pro-libertyHB 1573-FNDiscontinuing regional planning commissions and requiring the election of municipal planning board members.
  Why

  This bill would allow more local control of municipal planning board membership.

  * By requiring planning boards to be elected by the people, this bill will prevent town governments (e.g., the selectmen or city councils) from stacking the planning board with people who will do as they demand.
  * Regional planning commissions promote top-down, centralized planning, in direct conflict with New Hampshire's tradition of decentralized, local control. In particular, regional planning commissions are one of the primary ways that the federal government and supranational bodies like the U.N. bypass elected town government in order to implement central planning such as Agenda 21.

• Pro-libertyHB 1597Reducing the rate of tax on meals under the meals and rooms tax.
  Why

  This bill reduces the meals tax by about 1%.

  * People should not be forced to pay more for the necessity of eating meals.
  * Reduction in tax rates can lead to increased consumer spending which would help NH businesses

Read the full Gold Standard

• Pro-libertyHB 1165Relative to the citizen's petition for redress of grievances by the legislature; establishing a special fund, and making an appropriation therefor.
  Why

  This bill creates a special fund for a constitutional right.

  * Redress of grievances before the Legislature is a constitutional right.
  * Due process in any governmental proceeding protects all parties and should be restored to our laws for redress of grievances.
  * Redress can include restitution and should be provided for in the budgetary process.

• Pro-libertyHB 1237Prohibiting residency restrictions for registered sex offenders and offenders against children.
  Why

  This bill would repeal residency restrictions.

  * Courts in New Hampshire have already repealed sex offender residency restrictions in Franklin and Dover; this will codify court decisions consistently throughout the state.
  * Residency restrictions can backfire by driving people on the registry underground, where they are harder to track and monitor.
  * Limitations on residency can force people on the registry further from the support networks they need the most: jobs, therapy, and public transportation, making it more difficult to re-assimilate into society.

• Anti-libertyHB 1266Relative to the appointment of the town clerk.
  Why

  This bill would permit a town to authorize the board of selectmen or the town manager to appoint the town clerk.

  * This bill would reduce local control of the voters in the election of town clerks; which has been the tradition for more than 300 years.
  * This is a "solution" looking for a problem.

• Anti-libertyHB 1287-FNRequiring a refundable deposit on beverage containers.
  Why

  This bill would create a mandate on beverage manufacturers.

  * This bill would mandate that every beverage container sold or offered for sale to a consumer in this state shall have a deposit and refund value. This would be especially burdensome on small-scale beverage manufacturers in the state.
  * The Department of Environmental Services states that municipalities participating in recycling programs will experience a loss of revenue due to the reduction in recyclables sent to the municipal recycling centers.

• Pro-libertyHB 1476Exempting proprietorship from taxation under the business enterprise tax.
  Why

  This bill would exempt non-franchised enterprises (proprietorships) from BET.

  * Incorporated enterprises (Inc., LLC, PLC, PCC, type-S) are technically franchises of the State. A franchise is defined as the power granted by the State to do business in a manner not available to the general public (without liability). In 1903, the people of the State authorized the expansion of taxation to include additional forms of property such as franchises. If the business enterprise tax is lawful, it is because it is a franchise tax.
  * The business enterprise tax is a franchise tax, it cannot be levied on non-franchises. Proprietorships are not franchises. A proprietorship is legally identical to its owner(s), owners are fully liable for the actions of the proprietorship.
  * The business enterprise tax cannot be levied on individuals, therefore, it cannot be levied on the proprietorships with whom they are identical. This is entirely consistent with supreme court decisions as the distinction is solely in the class of property, franchise or proprietorship, and not upon the any distinction in the owners.
  * This is a distinction in classes of property (franchise or proprietorship), not a distinction between the taxpayers who own the property.

• Pro-libertyHB 1477Exempting proprietorships from taxation under the business profits tax.
  Why

  This bill would exempt non-franchised enterprises (proprietorships) from BPT.

  * The BPT is only constitutional if it is a franchise tax (a tax on an incorporated enterprise).
  * Franchise taxes cannot be levied on non-franchised enterprises (proprietorships)
  * This is a distinction in classes of property (franchise or proprietorship), not a distinction between the taxpayers who own the property.

• Anti-libertyHB 1482-FNRelative to licensure of individuals as private investigators, bail enforcement agents, and security guards, and requiring a skills training course for applicants for such licensure.
  Why

  This bill would expand occupational licensing.

  * An "occupational license" is just that—government permission to work in a particular field. Gainful employment requires convincing a prospective employer or potential customer of their value. This bill requires convincing the government.
  * 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?
  * Barriers like these make it harder for people to find jobs and build new businesses that create jobs, particularly minorities, those of lesser means and those with less education.

• Pro-libertyHB 1573-FNDiscontinuing regional planning commissions and requiring the election of municipal planning board members.
  Why

  This bill would allow more local control of municipal planning board membership.

  * By requiring planning boards to be elected by the people, this bill will prevent town governments (e.g., the selectmen or city councils) from stacking the planning board with people who will do as they demand.
  * Regional planning commissions promote top-down, centralized planning, in direct conflict with New Hampshire's tradition of decentralized, local control. In particular, regional planning commissions are one of the primary ways that the federal government and supranational bodies like the U.N. bypass elected town government in order to implement central planning such as Agenda 21.

• Anti-libertyHB 1588-FNRequiring suicide prevention education in schools.
  Why

  This bill would create a mandate.

  * This bill requires school districts and chartered public schools to provide suicide prevention education and training to students, parents, faculty, staff, and school volunteers.
  * This bill provides neither an appropriation nor authorization for new positions and will increase state general fund expenditures by $455,180 in FY 2015, $197,856 in FY 2016, $204,426 in FY 2017, $425,905 in FY 2018, and $224,390 in FY 2019.

• Anti-libertyHB 1589-FNRequiring background checks for all firearm sales.
  Why

  This bill would turn law abiding citizens into criminals.

  * This law would be unenforceable without enormous cost.
  * This bill fails to meet the low, low bar of a solution in search of a problem. It is a problem in search of a problem.
  * The language shifts the burden of proof to the individual as opposed to the state---a radical shift in our standards of jurisprudence.
  * The penalty portion of the bill takes activities which are currently legal (disposing of one's private property) and assigns serious penalties to those activities. These are penalties that could affect a person's ability to get a job (misdemeanor B), and that could put a person in jail if there is a second offense (misdemeanor A).It creates a crime where there has been no crime in 392 years.

• Anti-libertyHB 1594-FNRequiring licensure of community association property managers.
  Why

  This bill would require occupational licensing.

  * An "occupational license" is just that—government permission to work in a particular field. Gainful employment requires convincing a prospective employer or potential customer of their value. This bill requires convincing the government.
  * 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?
  * Barriers like these make it harder for people to find jobs and build new businesses that create jobs, particularly minorities, those of lesser means and those with less education.

• Anti-libertyHB 1595-FNEstablishing a condominium dispute resolution board.
  Why

  This bill removes rightful authority from the judicial and legislative branch.

  * As stated, this bill would make matters of condominium assoc. bylaw infractions or other actions not in compliance with condo instruments, or state law come under the jurisdiction of a condominium dispute resolution board. This should come under the jurisdiction of the judicial branch or the legislative branch, if new laws are required, not a resolution board.
  * The board will consist of 9 members only two of which will be elected representatives.

• Pro-libertyHB 1597Reducing the rate of tax on meals under the meals and rooms tax.
  Why

  This bill reduces the meals tax by about 1%.

  * People should not be forced to pay more for the necessity of eating meals.
  * Reduction in tax rates can lead to increased consumer spending which would help NH businesses

• Anti-libertyHB 1616-FNMaking changes to the therapeutic cannabis laws.
  Why

  This bill would restrict doctor/patient medical decisions and potentially criminalize individuals who lawfully obtain medicinal cannabis.

  * This bill would make it a crime for patients to possess cannabis in a motor vehicle "except if the cannabis is secured in a locked container." Punishment, up to and including incarceration, of individuals who have legally obtained medicinal cannabis violates Article 18 of the New Hampshire Constitution, which provides that "all penalties ought to be proportioned to the nature of the offense."
  * New Hampshire's law currently allows qualifying patients to purchase up to two ounces of cannabis every 10 days. HB 1616 would cut this to two ounces every 30 days, reducing the amount of cannabis patients could purchase to one-third the amount authorized under New Hampshire law and markedly less than the usage levels seen on the federal Compassionate Investigative New Drug (IND) Program.
  * Does not allow a provider to override this two ounce cap for patients with special needs, so this bill would restrict the possible dosage for every qualifying patient in the state with no exceptions.
  * NHLA is in support of expanding the qualifying medical conditions, but cannot support HB1616.

Read the full Gold Standard

• Anti-libertyHB 1135Relative to penalties for driving without a license.
  Why

  This bill increases criminal penalties for driving with an expired license.

  * The constitution exhorts legislators to keep penalties proportionate to the actual crimes (Art. 18, Part I). Increases the penalty on 1st time offenders from a violation to a misdemeanor for a victimless crime. A penalty of up to a year in jail for driving with an expired license is not justice.
  * A driver with 30 years experience is likely going to be a much better driver than a 17 year old, regardless of whether her license is updated. Public policy should allow for discretion based on other factors besides paying your DMV fee.

• Pro-libertyHB 1237Prohibiting residency restrictions for registered sex offenders and offenders against children.
  Why

  This bill would repeal residency restrictions.

  * Courts in New Hampshire have already repealed sex offender residency restrictions in Franklin and Dover; this will codify court decisions consistently throughout the state.
  * Residency restrictions can backfire by driving people on the registry underground, where they are harder to track and monitor.
  * Limitations on residency can force people on the registry further from the support networks they need the most: jobs, therapy, and public transportation, making it more difficult to re-assimilate into society.

• Pro-libertyHB 1476Exempting proprietorship from taxation under the business enterprise tax.
  Why

  This bill would exempt non-franchised enterprises (proprietorships) from BET.

  * Incorporated enterprises (Inc., LLC, PLC, PCC, type-S) are technically franchises of the State. A franchise is defined as the power granted by the State to do business in a manner not available to the general public (without liability). In 1903, the people of the State authorized the expansion of taxation to include additional forms of property such as franchises. If the business enterprise tax is lawful, it is because it is a franchise tax.
  * The business enterprise tax is a franchise tax, it cannot be levied on non-franchises. Proprietorships are not franchises. A proprietorship is legally identical to its owner(s), owners are fully liable for the actions of the proprietorship.
  * The business enterprise tax cannot be levied on individuals, therefore, it cannot be levied on the proprietorships with whom they are identical. This is entirely consistent with supreme court decisions as the distinction is solely in the class of property, franchise or proprietorship, and not upon the any distinction in the owners.

• Pro-libertyHB 1477Exempting proprietorships from taxation under the business profits tax.
  Why

  This bill would exempt non-franchised enterprises (proprietorships) from BPT.

  * The BPT is only constitutional if it is a franchise tax (a tax on an incorporated enterprise).
  * Franchise taxes cannot be levied on non-franchised enterprises (proprietorships)
  * This is a distinction in classes of property (franchise or proprietorship), not a distinction between the taxpayers who own the property.

• Pro-libertyHB 1597Reducing the rate of tax on meals under the meals and rooms tax.
  Why

  This bill reduces the meals tax by about 1%.

  * People should not be forced to pay more for the necessity of eating meals.
  * Reduction in tax rates can lead to increased consumer spending which would help NH businesses.

• Anti-libertyHB 366Relative to showing a ballot.
  Why

  This bill, as amended, makes it a misdemeanor to photograph and share your ballot.

  * This is a solution in search of a problem. There is no evidence that citizens are being coerced into recording their ballots.
  * Most citizens are proud of their right to vote, and some wish to share it with friends. It is their choice and their constitutional right to free speech – US Constitution - First Amendment and NH Constitution Part I, Art. 22.
  * After-the-fact photos are not currently illegal according to RSA 659:35.

Read the full Gold Standard

• Pro-libertyHB 120Relative to hours of sales by off-premises liquor licensees.
  Why

  This bill extends the hours to purchase liquor.

  * This bill clearly increases individual choice, and increases the ability of the free market to supply those choices. Would allow the option for people who get off from work after 11:45pm.
  * It is an opt-in bill where local cities and townships can decide for themselves if they want to have later hours.
  * Sales will now match the hours of the stores in Maine, as well as match the changes to on-premises serving hours for restaurants that were made last year.

• Anti-libertyHB 217Imposing an extended term of imprisonment for assault against a health care provider.
  Why

  This bill would create a special class of persons.

  * Violates Article 10, Part 1 of the NH 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 263Establishing a committee to study examination of elderly drivers.
  Why

  This bill, as amended, would allow anyone to report suspected medically unfit drivers with no responsibility for incorrect reports.

  * This bill is a complete violation of RSA 329:26 which ensures us that: "The confidential relations and communications between a physician ... and the patient ... are placed on the same basis as those provided by law between attorney and client, and, except as otherwise provided by law, no such physician ... shall be required to disclose such privileged communications. ..."
  * The amendment actually goes much further than medical professionals; it says "Any person including" such people.
  * Any bill that grants immunity like this is anti-liberty on "lack of personal responsibility" grounds. There are already enough laws on the books allowing the motor vehicle bureaucrats to arbitrarily take away/suspend someone's drivers license, with no recourse for the person if they're harmed by such (e.g., losing their job because they can't get to work anymore), even if they ultimately get their license back.

• Anti-libertyHB 366Relative to showing a ballot.
  Why

  This bill, as amended, makes it a misdemeanor to photograph and share your ballot.

  * This is a solution in search of a problem. There is no evidence that citizens are being coerced into recording their ballots.
  * Most citizens are proud of their right to vote, and some wish to share it with friends. It is their choice and their constitutional right to free speech.
  * After-the-fact photos are not currently illegal according to RSA 659:35. If someone was charged for posting a photo of their ballot, they could argue that they're not showing someone how they are "about to vote" but how they voted (past tense).

• Anti-libertyHB 421Relative to regulation of real estate brokerage and sales by the real estate commission.
  Why

  This bill increases requirements and penalties on real estate licensees.

  * The imposition of a fine of minimum $10,000 for holding oneself out as a real estate salesperson after having his/her license suspended is an inappropriately harsh penalty.
  * There is no proof that attending more required classes leads to better understanding or professionalism. Experience, broker supervision, and personal ethics are more important that continuing education classes.
  * Mandating the same increase from 12 to 15 hours of CEU courses for all licensees, regardless of their experience or area of specialization, is a misdirected approach to improving levels of professionalism or customer service.

• Anti-libertyHB 430Requiring insurance companies sending out solicitations for marketing purposes to include their insurance license number on such solicitation.
  Why

  This bill is an unfunded mandate on the insurance companies.

  * Increases regulation as well as it increases the size of government by requiring more extensive involvement from both the Insurance Commission and the Attorney General's office.
  * Representatives from the insurance industry said that it would increase marketing costs in this state just because separate materials would have to be prepared, and because of that, mailing costs would also increase.

• Pro-libertyHB 485Establishing keno.
  Why

  This bill allows small businesses to provide a gaming service to customers.

  * Avoids the pitfall of granting a monopoly (or duopoly) by allowing small businesses to host Keno, as well as honoring the NH Constitution: "free and fair competition is an inherent right of the people".
  * Estimated to raise at least $9 million per year for the Education Fund in true NH-fashion: through voluntary means, consistent with other lottery games.
  * NH Lottery estimates that Granite State citizens spend $24 million annually at MA Keno outlets. This bill allows our citizens to spend that money locally. Five of the top ten MA Keno outlets are within ten minutes of the NH border. HB 485 increases consumer choice and freedom.

• Pro-libertyHB 493Relative to emergency compacts.
  Why

  This bill would repeal parts of NH statutes Chapter 108.

  * Currently, Chapter 108 has the potential of violating five articles of the NH Constitution, and Art. I, Section 10, Clause 1 of the U. S. Constitution.
  * This compact requires New Hampshire to provide a variety of supplies and equipment to Canada in case it declares an emergency. Since many of the items are nonexistent at the state level, they could be taken from businesses and private institutions as authorized under RSA 4:46, which violates Part I, Article 19 of the NH Constitution.
  * Under Chapter 108, the Director of Emergency Management may arrange for cross-border policing which would allow Canadian police, unfamiliar with our laws, to operate in New Hampshire. It also allows for the federal government to use Canadian military in New Hampshire during an emergency. They would remain under the command of their regular leaders in violation of Part I, Article 26 of the NH Constitution.
  * Under the current Chapter 108, New Hampshire participates with five Canadian provinces and the New England states in the International Emergency Management Group which makes emergency management plans without our legislative oversight. Each state and province has equal voting rights which would place New Hampshire under the control of an international body, violating Part I, Article 7 of the State Constitution.
  * New Hampshire may be asked to suspend state statutes in an emergency, something that can only be done by the legislature according to Part I, Article 29. According to Part II, Article 5-a, such suspension can only be done in case of an enemy attack and not under any other form of emergency.

• Anti-libertyHB 495Relative to titles for motor vehicles.
  Why

  This bill requires car titles where now none are required.

  * This bill will hinder private car sales, rendering many older cars illegal to sell.
  * This will eliminate a NH advantage over neighboring states - for both buyers and sellers.
  * Supply and demand apply here: used car prices will rise as legal inventory falls.
  * The cottage industries who repair cars for resale will suffer from this regulation.
  * The elder widow next door will not be able to legally sell the car her deceased husband kept in pristine condition for all of those years.

• Pro-libertyHB 496Relative to driving privileges for certain first-time DWI offenders.
  Why

  This bill would allow first-time DWI offenders to drive to work, school or medical treatment.

  * Freedom to travel is a sacred right in a free society.
  * Punishing an offender by stripping him/her of the license to drive for 6 months or more can lead to even more problems, such as them losing his/her job or not being able to finish school. The economic costs can be catastrophic for some families.
  * This is a humane approach to what some consider to be a mental health-related issue more than a criminal matter.
  * We are concerned about privacy issues and data collection by firms outside New Hampshire through use of enhanced technology interlock devices, and thus strongly support Floor Amendment 2014-0012h (Rep. Warden). YEA on Floor Amendment 2014-0012h.

• Anti-libertyHB 532Relative to energy efficiency and clean energy districts.
  Why

  This bill would use taxpayer dollars to fund improvements to commercial property.

  * This bill, as amended, would allow towns or village districts to create special districts and borrow money to fund energy efficiency improvements in private property – primarily commercial property - in these areas.
  * Violates the NH Constitution, Part 2, Article 5, states "the general court shall not authorize any town to loan or give its money or credit directly or indirectly for the benefit of any corporation."

• Anti-libertyHB 533Relative to the mathematics requirement for high school graduation.
  Why

  This bill downshifts cost to school districts.

  * HB 533 downshifts costs to districts, violating Part I Article 28-A of the NH Constitution. This bill requires districts to pay for advanced math courses for students who complete existing courses available in the district.
  * The state Board of Education sets minimum requirements under Ed 306, while school boards customize those requirements to meet local goals. School boards, not the legislature, currently determine graduation requirements.

• Anti-libertyHB 650Making an appropriation to start a bus service between Claremont and Lebanon.
  Why

  This bill, as amended, spends up to $250,000 on bus service.

  * If there was enough demand for this service private enterprise would have fulfilled it already.
  * The proper role of government does not include subsidizing transportation for a minority of residents.

• Anti-libertyHB 658Relative to registration for medical technicians.
  Why

  This bill establishes a permanent board with the ability to set its own fees on medical workers.

  * This bill effectively moves the taxing authority of the legislature out of their hands and places it in the hands of the executive branch. This is very bad policy and a violation of core constitutional principles.
  * Maintains a database for 15 years that is published on a public internet site. Database maintains designation of active, inactive, suspended, revoked, or retired. The board is authorized to "Share information with appropriate in-state and out-of-state boards."
  * The board can levy fines against employers that have technicians that aren't registered or haven't renewed and threatens to withhold Federal Medicaid money for non-compliant employers.

• Anti-libertyHB 685Relative to state agency communications under right-to-know law.
  Why

  This bill places a barrier to open government.

  * The bill sets up a commission stacked with members who would benefit by adding fees to 91-A requests. This places a barrier to open government.
  * The bill was late to committee in the first part of the session and retained for work after the summer break, at the later part of session the AG's office floated this amended version which received little public hearing.
  * The process getting to this amendment lacks transparency, which is counter to the goal of Right-to-Know.
  * Expect a motion to divide the question and vote ITL on the 2nd section

Read the full Gold Standard

• Anti-libertyHB 110Requiring persons who record cruelty to livestock to report such cruelty and submit such recordings to a law enforcement agency.
  Why

  This bill would criminalize failure to report witnessed animal cruelty.

  * The original intent of this bill was to stop certain animal rights activists from trespassing upon private family farms, or gaining employment there under false pretenses, and then fraudulently reporting animal cruelty to the public. This bill would have required such people to report to the authorities that they are witnessing such, which would have made them criminally liable themselves if they knowingly make false reports.
  * The bill was intended to narrowly apply to farm workers and to deal with several genuine crimes—however, the way it was written, it had the unintended consequences described below, and for this reason the NHLA opposes the bill.
  * This bill makes each of us an agent of the state with a duty to inform on our neighbor if we see animal cruelty. There is no current prohibition on reporting animal cruelty, and it should remain voluntary, not compulsory.

• Pro-libertyHB 120Relative to hours of sales by off-premises liquor licensees.
  Why

  This bill extends the hours to purchase liquor.

  * This bill clearly increases individual choice, and increases the ability of the free market to supply those choices. Would allow the option for people who get off from work after 11:45pm.
  * It is an opt-in bill where local cities and townships can decide for themselves if they want to have later hours.
  * Sales will now match the hours of the stores in Maine, as well as match the changes to on-premises serving hours for restaurants that were made last year.

• Anti-libertyHB 217Imposing an extended term of imprisonment for assault against a health care provider.
  Why

  This bill would create a special class of persons.

  * Violates Article 10, Part 1 of the NH 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 249Requiring employers to verify an employees eligibility to work in the United States.
  Why

  This bill would give the federal government power to decide who can work.

  * Deciding who is allowed to work or not is too much power to entrust to a federal government, which is all too capable of bureaucratic ineptness, and all too willing to hurt its political enemies.
  * The E-verify system has mistakenly prevented completely legal citizens from taking a job.
  * The system is a threat to privacy and is too much like RealID, which NH has rightly rejected.
  * "Everyone has a natural right to choose that vocation in life which he thinks most likely to give him comfortable subsistence." -- Thomas Jefferson.

• Anti-libertyHB 421Relative to regulation of real estate brokerage and sales by the real estate commission.
  Why

  This bill increases requirements and penalties on real estate licensees.

  * The imposition of a fine of minimum $10,000 for holding oneself out as a real estate salesperson after having his/her license suspended is an inappropriately harsh penalty.
  * There is no proof that attending more required classes leads to better understanding or professionalism. Experience, broker supervision, and personal ethics are more important that continuing education classes.
  * Mandating the same increase from 12 to 15 hours of CEU courses for all licensees, regardless of their experience or area of specialization, is a misdirected approach to improving levels of professionalism or customer service.

• Anti-libertyHB 430Requiring insurance companies sending out solicitations for marketing purposes to include their insurance license number on such solicitation.
  Why

  This bill is an unfunded mandate on the insurance companies.

  * Increases regulation as well as it increases the size of government by requiring more extensive involvement from both the Insurance Commission and the Attorney General's office.
  * Representatives from the insurance industry said that it would increase marketing costs in this state just because separate materials would have to be prepared, and because of that, mailing costs would also increase.

• Pro-libertyHB 485Establishing keno.
  Why

  This bill allows small businesses to provide a gaming service to customers.

  * Avoids the pitfall of granting a monopoly (or duopoly) by allowing small businesses to host Keno, as well as honoring the NH Constitution: "free and fair competition is an inherent right of the people".
  * Raises at least $9 million per year for the Education Fund in true NH-fashion: through voluntary means, consistent with other lottery games.
  * NH Lottery estimates that Granite State citizens spend $24 million annually at MA Keno outlets. This bill allows our citizens to spend that money locally. Five of the top ten MA Keno outlets are within ten minutes of the NH border. HB 485 increases consumer choice and freedom.

• Pro-libertyHB 496Relative to driving privileges for certain first-time DWI offenders.
  Why

  This bill would allow first-time DWI offenders to drive to work, school or medical treatment.

  * Freedom to travel is a sacred right in a free society.
  * Punishing an offender by stripping him/her of the license to drive for 6 months or more can lead to even more problems, such as them losing his/her job or not being able to finish school. The economic costs can be catastrophic for some families.
  * This is a humane approach to what some consider to be a mental health-related issue more than a criminal matter.
  * We are concerned about privacy issues and data collection by firms outside New Hampshire through use of enhanced technology interlock devices, and thus strongly support Floor Amendment 2014-0012h (Rep. Warden). YEA on Floor Amendment 2014-0012h.

• Anti-libertyHB 533Relative to the mathematics requirement for high school graduation.
  Why

  This bill downshifts cost to school districts.

  * HB 533 downshifts costs to districts, violating Part I Article 28-A of the NH Constitution. This bill requires districts to pay for advanced math courses for students who complete existing courses available in the district.
  * The state Board of Education sets minimum requirements under Ed 306, while school boards customize those requirements to meet local goals. School boards, not the legislature, currently determine graduation requirements.

• Anti-libertyHB 582Repealing early offers for medical injury claims.
  Why

  This bill, as amended, would modify a voluntary option for settling medical injury claims.

  * The original bill would have repealed early offers, which are a voluntary alternative to lengthy, expensive court proceedings for medical malpractice.
  * The committee amendment adds a very subjective element, i.e. lost earnings, to what was a simple, objective process; removes a penalty for wasting everyone's time if a court proceeding results in a smaller payout than the early offer; and disallows speedy settlement even when both sides agree.
  * The early offer process is still too new to be tinkering with it.

• Anti-libertyHB 597Relative to mandatory drug testing for certain health care workers.
  Why

  This bill, as amended, would require a drug-free workplace policy.

  * This is feel-good legislation in response to one incident, what we call "legislation by anecdote."
  * This is a new, expensive regulation on health care providers.
  * Providers may already have their own procedures and policies which are superior to these new ones, but may not be compliant. Better to let the institutions' insurance companies and management determine appropriate policies instead of one-size-fits-all regulations from 17 non-medical legislators on the committee.

• Anti-libertyHB 658Relative to registration for medical technicians.
  Why

  This bill establishes a permanent board with the ability to set its own fees on medical workers.

  * This bill effectively moves the taxing authority of the legislature out of their hands and places it in the hands of the executive branch. This is very bad policy and a violation of core constitutional principles.
  * Maintains a database for 15 years that is published on a public internet site. Database maintains designation of active, inactive, suspended, revoked, or retired. The board is authorized to "Share information with appropriate in-state and out-of-state boards."
  * The board can levy fines against employers that have technicians that aren't registered or haven't renewed and threatens to withhold Federal Medicaid money for non-compliant employers.

• Anti-libertyHB 660Requiring the labeling of genetically engineered foods and agriculture commodities.
  Why

  This bill would increase regulations on business.

  * If there is a widespread public outcry for such labeling, companies (both producers and retailers) will ultimately lead the change to satisfy customer demand.
  * Consumers already have the ability to avoid foods with GM ingredients by purchasing products labeled as "100 percent organic".
  * New labeling requirements would place an undue burden on retailers, wholesalers, and producers throughout the state and region.
  * Suppliers could work around the mandate by labeling EVERYTHING as "May contain genetically engineered components." Such labels would satisfy the legal requirement but would be absolutely useless.
  * The proper solution to this situation would be an independent third-party certification agency, which could freely state whether or not food does or does not contain GMO. As long as they are not-for-profit and not engaged in actual commerce, the FDA/USDA couldn't regulate their reports as it's free speech.

• Anti-libertyHB 685Relative to state agency communications under right-to-know law.
  Why

  This bill places a barrier to open government.

  * The bill sets up a commission stacked with members who would benefit by adding fees to 91-A requests. This places a barrier to open government.
  * The bill was late to committee in the first part of the session and retained for work after the summer break, at the later part of session the AG's office floated this amended version which received little public hearing.
  * The process getting to this amendment lacks transparency, which is counter to the goal of Right-to-Know.
  * Expect a motion to divide the question and vote ITL on the 2nd section

Read the full Gold Standard

• Anti-libertyHB 110Requiring persons who record cruelty to livestock to report such cruelty and submit such recordings to a law enforcement agency.
  Why

  This bill would criminalize failure to report witnessed animal cruelty.

  * This bill makes each of us an agent of the state with a duty to inform on our neighbor if we see animal cruelty.
  * There is no current prohibition on reporting animal cruelty, and it should remain voluntary, not compulsory.

• Anti-libertyHB 249Requiring employers to verify an employees eligibility to work in the United States.
  Why

  This bill would give the federal government power to decide who can work.

  * Deciding who is allowed to work or not is too much power to entrust to a federal government, which is all too capable of bureaucratic ineptness, and all too willing to hurt its political enemies.
  * The E-verify system has mistakenly prevented completely legal citizens from taking a job.
  * The system is a threat to privacy and is too much like RealID, which NH has rightly rejected.
  * "Everyone has a natural right to choose that vocation in life which he thinks most likely to give him comfortable subsistence." -- Thomas Jefferson.

• Anti-libertyHB 326Relative to licensure of polysomnographers by the board of respiratory care practitioners.
  Why

  This bill attempts to fix a non-existent problem.

  * Polysomnographers are already certified by national certification agencies, so mandating an additional layer of state bureaucracy doesn’t improve consumer protection, it merely increases the cost of doing business and providing a service.
  * Sleep disorders are serious maladies, and medical care providers and insurers will ensure their employees are trained and certified to improve customer satisfaction and avoid liability.
  * NAY on OTP/A

• Anti-libertyHB 350Prohibiting discrimination against the unemployed.
  Why

  This bill makes it illegal for an employer to discriminate based on unemployment status.

  * This Orwellian "thoughtcrime" is virtually unenforceable and sets a bad precedent by criminalizing a non-action and the subjective judgment used in normal business activity.
  * A penalty of up to $5,000 per violation is grossly inappropriate and violates Part I Art. 18 of the NH constitution: "All penalties ought to be proportioned to the nature of the offense."

• Pro-libertyHB 485Establishing keno.
  Why

  This bill allows a form of lottery- run legalizing gaming in NH- based small businesses.

  * By allowing multiple applicants to host Keno, avoids the pitfalls of granting a monopoly or duopoly and not running afoul of the NH Constitution's admonition that "free and fair competition is an inherent right of the people." Consenting adults have a right to engage in this activity.
  * Raises at least $9 million per year for the Education Fund in true NH-fashion: through voluntary means, consistent with other lottery games.
  * NH Lottery estimates that Granite State citizens spend $24 million annually at MA Keno outlets. This bill allows our citizens to spend that money locally. Five of the top ten MA Keno outlets are within ten minutes of the NH border. HB 485 increases consumer choice and freedom.

• Pro-libertyHB 492Relative to the legalization and regulation of marijuana.
  Why

  This bill would tax and regulate marijuana.

  * Adults have a fundamental right to make choices about how they treat their bodies, including what substances they ingest.
  * 60% of New Hampshire voters support taxing and regulating marijuana like alcohol.
  * According to the ACLU, New Hampshire spent $6,526,364 on enforcing marijuana possession laws in 2010 alone. If HB492 were to become law, we would be receiving millions in taxes instead.
  * Although the NHLA generally opposes new or increased taxes such as the ones included in HB492, they may be appropriate in this instance because:
  * "Sin taxes" may be considered a user fee when used to address potential costs to society from the taxed activity.
  * Keeping the price of marijuana artificially high through taxes would more closely mirror the current street price, and bring much-needed revenue to the general fund—instead of letting the profit go to street gangs and drug cartels.
  * Taxing and regulating marijuana would improve the status quo so significantly that these taxes are an acceptable compromise in exchange for this expansion of personal liberty.

• Anti-libertyHB 562Relative to the interest rate on title loans.
  Why

  * The original bill, which would have limited interest rates, is very anti-liberty. The committee amendment waters it down to only a reporting requirement, hence the recommendation to support the committee amendment (2013- 2311h).
  * The liberty position is to leave it up to the free market, to oppose any reporting requirement, hence a secondary recommendation to oppose OTP/A.
  * NAY on Floor Amendment – 2014 – 0026h (Williams).
  * The profit margin for lenders of short term loans tend to be low. A rate cap of 36% will reduce the availability of short term loan providers.
  * Evidence suggests consumers will switch to pawnbrokers, checking account overdraft, or late bill payment to meet their short term credit needs.
  * Because low income households tend to experience more financial insecurity, short term credit likely softens financial shocks- without this credit, households may face more financial insecurity.
  * For low value loans, a $20 fee for a one or two month loan becomes a very high annual interest rate.

• Anti-libertyHB 582Repealing early offers for medical injury claims.
  Why

  This bill, as amended, would modify a voluntary option for settling medical injury claims.

  * The original bill would have repealed early offers, which are a voluntary alternative to lengthy, expensive court proceedings for medical malpractice.
  * The committee amendment adds a very subjective element, i.e. lost earnings, to what was a simple, objective process; removes a penalty for wasting everyone's time if a court proceeding results in a smaller payout than the early offer; and disallows speedy settlement even when both sides agree.
  * The early offer process is still too new to be tinkering with it.

• Anti-libertyHB 585Relative to insurance parity for optometrists.
  Why

  This bill would set equal pay rates for ophthalmologists or optometrists.

  * HB 585 would open a can of worms with countless other professions demanding that government set equal pay rates inside their industries. For example, an MD, PA, RN, or LPN might demand to be paid the same as the others for certain services performed by all.
  * Rates should be set by voluntary negotiations between payer and payee, and not interfered with by the state. When an insurance company intermediary is involved, reimbursement should be a contractual agreement between the insurer and its customers and its medical contractors/providers. More government regulation further distorts the market.
  * Pay is just one component of employee compensation. Additionally, other non-compensated employment benefits include location, hours, support staff, modern equipment, etc. Pay flexibility is essential in obtaining a balance between all forms of compensation.

• Anti-libertyHB 597Relative to mandatory drug testing for certain health care workers.
  Why

  This bill, as amended, would require a drug-free workplace policy.

  * This is feel-good legislation in response to one incident, what we call "legislation by anecdote."
  * This is a new, expensive regulation on health care providers.
  * Providers may already have their own procedures and policies which are superior to these new ones, but may not be compliant. Better to let the institutions' insurance companies and management determine appropriate policies instead of one-size-fits-all regulations from 17 non-medical legislators on the committee.

• Anti-libertyHB 660Requiring the labeling of genetically engineered foods and agriculture commodities.
  Why

  This bill would increase regulations on business.

  * If there is a widespread public outcry for such labeling, companies (both producers and retailers) will ultimately lead the change to satisfy customer demand.
  * Consumers already have the ability to avoid foods with GM ingredients by purchasing products labeled as "100 percent organic".
  * New labeling requirements would place an undue burden on retailers, wholesalers, and producers throughout the state and region.
  * Suppliers can work around mandate by labeling EVERYTHING as "May contain genetically engineered components." Such labels would satisfy the legal requirement but would be absolutely useless.
  * The proper solution to this situation would be an independent third-party certification agency, which could freely state whether or not food does or does not contain GMO. As long as they are not-for-profit and not engaged in actual commerce, the FDA/USDA couldn't regulate their reports as it's free speech.

• Anti-libertyHB 675Authorizing and regulating the use of license plate scanning devices.
  Why

  This bill violates personal privacy and civil liberties to travel freely.

  * The Boston police recently stopped using automated license plate readers. They found them ineffective, full of errors, open to hacking, and wasted thousands in tax payer dollars. Boston Police have NO PLANS to resume using license plate scanners, as noted in the explosive media coverage of this failed program.
  * Blanket surveillance of vehicles traveling freely is an invasion of privacy on a grand scale. Without accountability or oversight in regards to the data captured and stored by these devices, there is serious potential for misuse and abuse of the records. The records could be stored permanently, allowing the state to keep record of people's movements for years or even decades.
  * In states that have used automated license plate scanners, it quickly becomes about revenue rather than public safety. The highest use of officers' time should be public safety, not collecting fines.
  * The NH constitution clearly prohibits warrantless searches in Part I, Art. 19: "Every subject hath a right to be secure from all unreasonable searches and seizures of his person, his houses, his papers, and all his possessions...." The 4th Amendment to the US constitution gives the same restriction on the federal government.

• Anti-libertySB 180Establishing a recovery fund for victims of the Financial Resources Mortgage (FRM) fraud and continually appropriating a special fund.
  Why

  This bill would require the tax payers of the State of New Hampshire to take some of the responsibility for the losses of investors in the Financial Resources Mortgage debacle.

  * SB 180 would open Pandora's box of investors looking to have taxpayers bail them out of bad investments. The lesson: If an investment doesn't work then just find a friendly legislator to pass a law giving restitution.
  * In a free market, investors evaluate offers, take risks, win some, and lose some. This legislation would have the unintended consequence of future investors using less due diligence to evaluate offers before investing.
  * This situation is a reminder that despite all the laws and criminal penalties and licensing and government agency oversight, malefactors will still behave badly and deceive people; government cannot protect everyone from bad things happening.

Read the full Gold Standard

• Anti-libertyHB 110Requiring persons who record cruelty top livestock to report such cruelty and submit such recordings to a law enforcement agency.
  Why

  This bill would criminalize failure to report witnessed animal cruelty.

  * This bill makes each of us an agent of the state with a duty to inform on our neighbor if we see animal cruelty. There is no current prohibition on reporting animal cruelty, and it should remain voluntary, not compulsory.

• Anti-libertyHB 326Relative to licensure of polysomnographers by the board of respiratory care practitioners.
  Why

  This bill attempts to fix a non-existent problem.

  * Polysomnographers are already certified by national certification agencies, so mandating an additional layer of state bureaucracy doesn't improve consumer protection, it merely increases the cost of doing business and providing a service.
  * Sleep disorders are serious maladies, and medical care providers and insurers will ensure their employees are trained and certified to improve customer satisfaction and avoid liability.
  * NAY on OTP/A

• Anti-libertyHB 350Prohibiting discrimination against the unemployed.
  Why

  This bill makes it illegal for an employer to discriminate based on unemployment status.

  * This Orwellian "thoughtcrime" is virtually unenforceable and sets a bad precedent by criminalizing a non-action and the subjective judgment used in normal business activity.
  * A penalty of up to $5,000 per violation is grossly inappropriate and violates Part I Art. 18 of the NH constitution: "All penalties ought to be proportioned to the nature of the offense."

• Pro-libertyHB 424Relative to review of chartered public school applications by the state board of education.
  Why

  This bill would clarify the charter school approval process.

  * This bill is intended to directly address the concerns from the charter school moratorium of 2012 and 2013. This bill would require the NH BOE to approve charter schools if they meet all the requirements defined by RSA 194-B:3 and not delay or deny approval based on the status of state funding availability.
  * HB 424 requires a state agency to fulfill its obligations to proposed charter schools that they are receiving money to provide.

• Pro-libertyHB 435Relative to funding for chartered public school pupils.
  Why

  This bill would increase funding for charter schools.

  * NH charter schools are part of the public school system.
  * For many low- and middle-income families, charter schools provide their only access to schools of their choice.
  * Charters play a critical role in the free-market of education.
  * Insufficient funding presents a significant risk for charter schools particularly in the early years of operation. Low funding levels can effectively close educational options to the most needy in our communities.

• Pro-libertyHB 492Relative to the legalization and regulation of marijuana.
  Why

  This bill would tax and regulate marijuana.

  * Adults have a fundamental right to make choices about how they treat their bodies, including what substances they ingest.
  * 60% of New Hampshire voters support taxing and regulating marijuana like alcohol.
  * According to the ACLU, New Hampshire spent $6,526,364 on enforcing marijuana possession laws in 2010 alone. If HB492 were to become law, we would be receiving millions in taxes instead.
  * Although the NHLA generally opposes new or increased taxes such as the ones included in HB492, they may be appropriate in this instance because:
  * "Sin taxes" may be considered a user fee when used to address potential costs to society from the taxed activity.
  * Keeping the price of marijuana artificially high through taxes would more closely mirror the current street price, and bring much-needed revenue to the general fund—instead of letting the profit go to street gangs and drug cartels.
  * Taxing and regulating marijuana would improve the status quo so significantly that these taxes are an acceptable compromise in exchange for this expansion of personal liberty.

• Anti-libertyHB 498Permitting the use of firearms by military or veterans groups in the compact part of town for military or veterans events, or national holidays.
  Why

  This bill grants special privileges for various classes of men.

  * This bill seeks to exempt public safety workers, military veterans and historical re-enactors from the existing requirement that is applied to all other residents.
  * The US and NH constitutions, along with sound public policy, demand equal treatment under the law and not discriminating against (or for) various classes of men.

• Anti-libertyHB 544Repealing the prohibition on a state-based health exchange.
  Why

  * Nay on floor amendment 2014-0025h - Rosenwald and Sherman
  * The amendment to HB 544 seeks to expand Medicaid.
  * A major study demonstrated that expanded Medicaid does not improve health outcomes.
  * A related study found that Medicaid patients were 40% more likely to use emergency rooms than uninsured patients resulting in increased costs to the tax payers.

• Anti-libertyHB 562Relative to the interest rate on title loans.
  Why

  * The original bill, which would have limited interest rates, is very anti-liberty. The committee amendment waters it down to only a reporting requirement, hence the recommendation to support the committee amendment.
  * The liberty position is to leave it up to the free market, to oppose any reporting requirement, hence a secondary recommendation to oppose OTP/A.

• Anti-libertyHB 585Relative to insurance parity for optometrists.
  Why

  This bill would set equal pay rates for ophthalmologists or optometrists.

  * HB 585 would open a can of worms with countless other professions demanding that government set equal pay rates inside their industries. For example, an MD, PA, RN, or LPN might demand to be paid the same as the others for certain services performed by all.
  * Rates should be set by voluntary negotiations between payer and payee, and not interfered with by the state. When an insurance company intermediary is involved, reimbursement should be a contractual agreement between the insurer and its customers and its medical contractors/providers. More government regulation further distorts the market.
  * Pay is just one component of employee compensation. Additionally, other non-compensated employment benefits include location, hours, support staff, modern equipment, etc. Pay flexibility is essential in obtaining a balance between all forms of compensation.

• Anti-libertyHB 660Requiring the labeling of genetically engineered foods and agriculture commodities.
  Why

  This bill would increase regulations on business.

  * If there is a widespread public outcry for such labeling, companies (both producers and retailers) will ultimately lead the change to satisfy customer demand.
  * Consumers already have the ability to avoid foods with GM ingredients by purchasing products labeled as "100 percent organic".
  * New labeling requirements would place an undue burden on retailers, wholesalers, and producers throughout the state and region.
  * Suppliers can work around mandate by labeling EVERYTHING as "May contain genetically engineered components." Such labels would satisfy the legal requirement but would be absolutely useless.
  * The proper solution to this situation would be an independent third-party certification agency, which could freely state whether or not food does or does not contain GMO. As long as they are not-for-profit and not engaged in actual commerce, the FDA/USDA couldn't regulate their reports as it's free speech.

• Anti-libertyHB 675Authorizing and regulating the use of license plate scanning devices.
  Why

  This bill violates personal privacy and civil liberties to travel freely.

  * Blanket surveillance of vehicles traveling freely is an invasion of privacy on a grand scale.
  * Massive spying on the whereabouts of New Hampshire residents and visitors is a gross violation of civil liberties and can be used to target specific groups or individuals who may be in disfavor politically.
  * In states that have used automated license plate scanners, it quickly becomes about revenue rather than public safety. For example, red light cameras in many states have actually shown to decrease public safety, as people panic and stop short on a yellow light so as to not get caught passing through the red light by a nose, thusincreasing rear-end collisions at intersections. Several states are now removing their red light cameras as a result of this.
  * The NH constitution clearly prohibits warrantless searches in Part I, Art. 19: "Every subject hath a right to be secure from all unreasonable searches and seizures of his person, his houses, his papers, and all his possessions. ...". The 4th Amendment to the US constitution gives the same exhortation.
  * Without accountability or oversight in regards to the data captured and stored by these devices, there is serious potential for misuse and abuse of the records. "Computers never forget." The records could be stored permanently, allowing the state to keep record of people's movements for years or even decades.
  * The Boston police recently stopped using automated license plate readers, with no plans to resume doing so, as a result of news coverage revealing privacy violations.

• Anti-libertySB 180Establishing a recovery fund for victims of the Financial Resources Mortgage (FRM) fraud and continually appropriating a special fund.
  Why

  This bill would require the tax payers of the State of New Hampshire to take some of the responsibility for the losses of investors in the Financial Resources Mortgage debacle.

  * SB 180 would open Pandora's box of investors looking to have taxpayers bail them out of bad investments. The lesson: If an investment doesn't work then just find a friendly legislator to pass a law giving restitution.
  * In a free market, investors evaluate offers, take risks, win some, and lose some. This legislation would have the unintended consequence of future investors using less due diligence to evaluate offers before investing.
  * This situation is a reminder that despite all the laws and criminal penalties and licensing and government agency oversight, malefactors will still behave badly and deceive people; government cannot protect everyone from bad things happening.

Read the full Gold Standard