Wednesday, September 16, 2015 · Joint session · 2 positions
- Pro-libertyHB 603Relative to student exemptions from the statewide assessment.
Why
This bill respects parents' right to refuse state assessments for their child.
* This is a bipartisan issue with significant impact on all NH families. Both Nashua and Manchester high schools experienced a refusal rate of over 50%.
* Parents' rights should not be compromised over deliberate misunderstandings of NCLB, and scare tactics that threaten a loss of federal funding. Seven states (Utah, Wisconsin, Pennsylvania, Minnesota, Oregon, Washington and California) already have opt-out provisions. No state or school district has lost federal funding due to lower participation rates, nor over opt out provisions.
* This bill is necessary to refute the Commissioner's Technical Advisories which school districts are inappropriately using to trample parents' rights.
* This bill makes it clear that there is no penalty for students exempted by parents from statewide assessments. - Pro-libertySB 116-FNRepealing the license requirement for carrying a concealed pistol or revolver.
Why
This bill eliminates an arbitrary legal distinction between concealed & open carry.
* New Hampshire voters affirmed our inherent right to self-defense in 1982 with the adoption of Article 2-a. of the state Constitution: "All persons have the right to keep and bear arms in defense of themselves, their families, their property and the state."
* A requirement to have a license to carry a concealed firearm is an infringement on an individual's right to self-defense. This bill restores the right of law-abiding citizens to carry protection discreetly.
* Our neighbors Vermont and Maine, two states that allow concealed carry without a permit, do not "have far stricter regulations at the point of original purchase than New Hampshire does" as the Governor suggests in her veto message.
* The language of current statute can be selectively interpreted and enforced.
* This bill eliminates unnecessary and obscure definitions of "open" versus "concealed" carry, which are difficult to interpret, have led to several lawsuits, and unfairly criminalize law-abiding citizens.
* This bill replaces the subjectivity of the phrase "suitable person," which has in the past been used by biased officials for ethnic, racial, and gender discrimination, with the objective and easily understood phrase of "not prohibited by state or federal law."
* By making the license optional, this bill eliminates a waiting period that has prevented persons who may feel threatened (e.g. a woman suffering from a stalker) from carrying discreet protection when needed. It also facilitates license reciprocity requirements between NH and other states.
* Other states that have enacted constitutional carry have seen either no statistically significant change in violent crime, or a slight downward trend.
Wednesday, September 16, 2015 · Senate
NHLA’s recommendations for this session are published.
Wednesday, June 24, 2015 · House
NHLA’s recommendations for this session are published.
Wednesday, June 24, 2015 · Joint session · 8 positions
- Pro-libertyHB 219-FNRelative to the use of electronic benefits transfer (EBT) cards.
Why
This bill prohibits gross misuse of taxpayer funds.
* It is wrong to force taxpayers to fund purchases of non-essential goods like tobacco, tattoos, or piercings.
* These bills are common sense. The recipients of taxpayer money, which is intended to help purchase basic necessities, should be prohibited from spending that money on non-essential goods and services.
* While it is not currently, nor will it ever be possible to detect all types of fraud, it is still important for the legislature to clarify that these clear abuses of taxpayer money are unlawful. - Pro-libertyHB 407Establishing a committee to study the classifications of military vehicles and equipment that may be purchased by the state.
Why
This bill is an important first step towards halting the militarization of police forces in New Hampshire.
* Under the USDLA 1033 program, NH counties, cities, and towns have received over six million dollars worth of military grade rifles, armored trucks and personnel carriers, a grenade launcher, and more. In many cases, these acquisitions have been made over the objections of local voters.
* The use of military forces domestically is prohibited, however, since 2001 the line separating the military from the police has become increasingly blurred. The spirit of Posse Comitatus is undermined when police (many of whom are veterans with recent combat experience overseas) are provided with many of the same types of weapons and vehicles at home that were used in the invasion and occupation of Iraq or Afghanistan.
* Police should be peace officers, primarily tasked with de-escalating situations, and protecting life. Militarization can create a dangerous change in police mentality, which can come to view citizens as enemies to confront with overwhelming force. - Pro-libertyHB 468-FNRequiring a warrant to obtain electronic device location information.
Why
This bill will prohibit government agencies from tracking the location of citizens without a warrant.
* HB468 comports with part one article 19 of the NH Constitution and the fourth amendment to the US Constitution.
* HB468 defends the privacy rights of NH residents, and clarifies that government agencies shall not track their movements without a warrant from a judge based on probable cause.
* Technology has enabled some agencies in the U.S. to intercept cell phone signals and track citizens secretly, without oversight. This bill would prevent that from happening in NH. - Pro-libertyHB 603Relative to student exemptions from the statewide assessment.
Why
This bill respects a parent's right to refuse state assessments for their child.
* This is a bipartisan issue with significant impact on all NH families. Both Nashua and Manchester high schools experienced a refusal rate of over 50%.
* Parent's rights should not be compromised in order to obtain federal funds.
* No state or school district has lost federal funding due to lower participation rates.
* This bill is necessary to refute the Commissioner's Technical Advisories which school districts are inappropriately using to trample parents' rights.
* This bill makes it clear that there is no penalty for students exempted by parents from statewide assessments. - Anti-libertyHB 681-FN-AEstablishing a fine for persons convicted of domestic violence and increasing the marriage license fee.
Why
This bill would make getting permission to be married more expensive.
* Section 2 unfairly penalizes peaceful people, who choose to marry, for the violent actions of others.
* Taking money from domestic violence abusers is one thing, but this bill also takes money from completely innocent couples.
* This is not a user-fee. Should car registration fees pay for road-rage therapy or a beer tax pay for Alcoholics Anonymous? - Anti-libertySB 135-FNRelative to lead poisoning in children.
Why
This bill adds new regulations on property owners & state agencies that are redundant with existing state and federal laws.
* This bill lowers the threshold for notification of blood lead levels without scientific certainty as to what levels are actually dangerous, creating many new requirements for health providers and agencies.
* It is bad public policy to link NH statute to a specific federal program (in this case the Renovation, Repair and Painting Program). The details of the federal program can be modified at the whim of Congress and regulators, regardless of applicability to New Hampshire. The federal program could even be eliminated altogether, and still NH statute would remain linked to it.
* Section 3 of the bill is particularly troubling: it sets an arbitrary goal of 85% of children ages 1 and 2 to receive blood lead level tests. Further, it targets only poor children who are receiving Medicaid or WIC benefits, while ignoring wealthier classes of people.
* There are already numerous lead paint programs and regulations in place. These new requirements are redundant with existing state and federal laws.
* This bill places new reporting requirements & regulatory burdens on agencies & property owners, reducing private property rights. - Pro-libertySB 169Relative to the use of electronic benefits transfer (EBT) cards.
Why
This bill prohibits gross misuse of taxpayer funds.
* It is wrong to force taxpayers to fund purchases of non-essential goods like tobacco, tattoos, or piercings.
* These bills are common sense. The recipients of taxpayer money, which is intended to help purchase basic necessities, should be prohibited from spending that money on non-essential goods and services.
* While it is not currently, nor will it ever be possible to detect all types of fraud, it is still important for the legislature to clarify that these clear abuses of taxpayer money are unlawful. - Pro-libertySB 32Relative to state agency budgetary reporting requirements.
Why
This bill increases government transparency.
* Fiscal responsibility requires representatives to have accurate knowledge about spending by government entities.
* Taxpayers have a right to know how their money is being spent.
* Reporting requirements are reasonable, and not arduous.
Thursday, June 4, 2015 · Senate · 7 positions
- Anti-libertyHB 208-FNRelative to allowance sales under the New Hampshire regional greenhouse gas initiative program.
Why
By eliminating the existing rebate to residential ratepayers, the senate amendment increases a stealthy tax on NH electricity consumers.
* The NHLA supports HB208 as passed by the House, without Senate amendment #2015-1970s.
* Electric rates are already high in NH. Efficiency projects that are truly fiscally responsible can and will be funded by electricity consumers themselves. It is unfair to force all ratepayers to fund projects for specific consumers, whether private or governmental.
* Money raised through RGGI originally slated to support energy efficiency programs, instead was misappropriated into the general fund in 2010. Passage of the House version of this bill would prevent this from happening again. - Pro-libertyHB 270Granting immunity from criminal prosecution to a person who reports a drug related emergency.
Why
This bill protects Good Samaritans from being charged with possession as a result of requesting medical help for a drug overdose.
* Fear of prosecution for drug possession discovered as a result of emergency personnel responding to overdose reports discourages people from calling for emergency medical help.
* Immunity from prosecution creates an incentive for bystanders to take responsible action that will help save lives. A person calling for medical help should not fear prosecution.
* Results from more than 30 other states with this law show that overdose deaths will be decreased without interfering with police work.
* Police in Massachusetts are championing the effects of their 911 immunity law where overdose deaths in were almost half as frequent, per capita, as in New Hampshire last year.
* Overdose deaths in NH have more than quadrupled since Good Samaritan legislation failed to pass the Senate in 2014. Many of those lives could have been saved had that bill passed. More will die without passage of this bill. - Anti-libertyHB 383Relative to the immunization/vaccination registry.
Why
This bill would be used to expand a state administered vaccine registry.
* This bill changes the registry from opt-in to opt-out, burdening patients to take action to protect their vaccination records from being collected by the government.
* The burden MUST be on the state to obtain permission to collect vaccination data, not on individuals to fight to maintain their privacy.
* This bill fails to create policies to fully inform citizens on how or when all of their immunizations may be subsequently tracked without their knowledge or consent, if they do not choose to opt-out of the registry.
* Despite legislative efforts to the contrary, a registry would allow the state to place those who refuse vaccines on a list which could subsequently be used for discriminatory purposes. For example, in many states with vaccine registries, health care providers have used the registry to refuse care for children based on the fact that they are not immunized.
* Any time private information is collected and shared, there is inherent risk of a security breach.
* This is a matter for private health care providers. There is no need for the state to track private medical records.
* There is no need for this bill, or for a government registry. 97% of school children already receive vaccines, the remaining 3% have medical or religious exemptions. - Pro-libertyHB 468-FNRequiring a warrant to obtain electronic device location information.
Why
This bill will prohibit government agencies from tracking the location of citizens without a warrant.
* HB468 comports with part one article 19 of the NH Constitution and the fourth amendment to the US Constitution.
* HB468 defends the privacy rights of NH citizens, and clarifies that government agencies shall not track their movements without a warrant from a judge based on probable cause.
* Technology has enabled some agencies in the U.S. to intercept cell phone signals and track citizens secretly, without oversight. This bill would prevent that from happening in NH. - Anti-libertyHB 486Authorizing towns and cities to establish special assessment districts.
Why
This bill would allow for additional taxes.
* This bill would be used to further raise taxes on people who are already struggling to pay property taxes, by allowing the majority of their neighbors to create special taxing districts for improvements.
* Could create a double tax for municipal services that are already being paid for, but not received.
* There is no requirement that all residents receive notice of a proposed district during the collection of signatures or the submission of an "improvement plan". The first residents and owners may hear of a proposed plan is when receiving notice of the hearing, putting those who might propose an alternative at a significant disadvantage. - Pro-libertyHB 572-FN-LRelative to taking land by eminent domain for gas pipelines and requiring payment of the land use change tax when land is taken to build energy infrastructure.
Why
This bill protects the rights of property owners whose land is being taken by eminent domain.
* Under current law, companies taking private land for the development of a high pressure pipeline may only take land to be used for the pipeline, without compensating owners for damage to the value and usability of property immediately adjacent to the pipeline. This bill would provide at least some protection to homeowners against this unfair practice.
* If companies wish to acquire land for the construction of a high pressure gas pipeline, they should acquire it from property owners on a consensual basis, not using force via eminent domain. - Pro-libertyHB 618-FNRelative to penalties for the possession of marijuana.
Why
This bill brings New Hampshire slightly closer to a responsible drug policy.
* The N.H. Constitution provides that "all penalties ought to be proportioned to the nature of the offense," but our state's penalties for marijuana possession are no longer supported by public opinion and they are far more severe than those found in other New England states.
* Currently, N.H. treats all marijuana possession as a crime punishable by up to a year in jail. This bill would reduce the penalty for possessing up to one-half ounce of marijuana to a violation bringing it more closely into line with the more sensible policies of our neighboring states.
* Vermont passed a similar law in 2013; it led to an 80% reduction in criminal marijuana cases the following year. With fewer possession cases, police and prosecutors are free to spend their time solving crimes where innocent people have been victimized.
* There is no evidence that reducing marijuana penalties has led to negative outcomes in the 19 states where it has been tried. This reform is long overdue in New Hampshire.
Wednesday, June 3, 2015 · House · 2 positions
- Anti-libertySB 124-FNRelative to filing felonies first in the superior court.
Why
This bill would eliminate a citizen's right to a probable cause hearing.
* Probable cause hearings protect our rights by requiring the state to provide some proof a crime has been committed by the accused before subjecting that person to the risk and expense of mounting a defense in a trial.
* This bill will allow a judge to decide if a hearing is "necessary to assist the court", revoking the protection the right to a probable cause hearing could offer the accused.
* We should never jeopardize our rights to due process merely to save money or for the courts to more efficiency convict the accused.
* The improvements to SB 124 in the committee amendment are supported by the NHLA but they don't do enough to redeem the bill. - Anti-libertySB 190-FN(New Title) Relative to payment of costs for career and technical education center programs and administration by the department of education.
Why
Expands regional educational programs directly under the control of the DOE, circumventing elected school boards and district supervision.
* SB 190 undermines the well established NH principle that education is better controlled locally by parents and taxpayers.
* SB 190 augments the authority of the state Department of Education to include the determination of tuition and transportation costs and the distribution of funds.
* The NHLA does not support amendment #1945h, which adds the language of HB 276 (not SB101) to SB 190. HB 276 prohibits the state from requiring that school districts adopt Common Core standards. However, it goes too far by granting power to the state Board of Education to adopt standards. Currently only the state legislature may adopt standards for an adequate education.
Thursday, May 28, 2015 · Senate · 10 positions
- Pro-libertyHB 169Relative to table stakes poker.
Why
This bill would allow charitable casinos to offer a greater variety of games.
* The primary effect of this bill would be to allow charitable casinos to offer no-limit and pot-limit style poker games. These types of games are far more popular than alternatives. Without access to these games, many poker players must currently travel out of state to play the games they most enjoy.
* Currently, poker players can play no-limit and pot-limit, but only as part of a tournament. This bill would allow these types of games in a "cash" format, which allows players to leave at any time.
* People have a right to make their own choices with their own money. The fact that some problem gamblers exist does not justify limiting the freedom of all gamblers. - Pro-libertyHB 203Relative to the unauthorized practice of law.
Why
This bill allows trusts and property owners greater control in choosing their representation in a court of law.
* If they so choose, trusts and owners have a right to be represented by an unlicensed individual, who may have intimate knowledge about the issues at hand.
* This law merely makes existing statute more consistent, by extending to trusts and property owners the same rights that are already granted to businesses. - Anti-libertyHB 258-FN-LRelative to fees for preparing motor vehicle registration documents.
Why
This bill doubles the clerical fee for registering a vehicle.
* Instead increasing fees, which are already high, towns should look to better allocate existing funds.
* This is a double tax on citizens. Town clerks are already paid for their time through other taxes.
* Towns could reduce some of the expense of having clerks file registration documents if they offered residents the option to register online. - Pro-libertyHB 290Relative to the acceptance of risk in outdoor recreational activities.
Why
This bill protects land owners from liability when others use the land for recreation.
* Land owners who allow their property to be used for recreation should not fear lawsuits from people who voluntarily engage in risky outdoor activities.
* This bill could encourage more landowners to allow their land to be used for outdoor recreational activities, and expand NH's trail systems.
* This bill will help reduce frivolous lawsuits. - Pro-libertyHB 315Relative to termination of tenancy.
Why
This bill protects a landlord's property rights.
* Under current law, a landlord cannot seek eviction even if a tenant has pets or additional persons on the property, in direct violation of the lease or rental agreement. This is a clear violation of the landlord's property rights.
* Good renters and tenants end up paying more to cover the costs incurred by bad renters and tenants. Better recognizing the rights of landlords to manage their own property leads to lower rental costs and overall cost of living. - Pro-libertyHB 381-FNAllowing a liquor manufacturer to be issued an on-premises license.
Why
This bill makes allows liquor manufacturers to receive on-premises licenses.
* This bill makes the law more consistent between breweries, wineries, and liquor manufacturers.
* Local artisan distilleries are a growth industry for NH, creating jobs, increasing tourism, and enhancing overall quality of life for NH residents. This bill helps New Hampshire businesses.
* The property rights of liquor manufacturers to choose to open a restaurant or bar should be protected. - Anti-libertyHB 391-FNApplying the E911 surcharge to prepaid cellular telephones.
Why
This bill would increase taxes.
* The collection method in this bill is complex, inaccurate and imposes costs on businesses.
* Lower income residents disproportionately use prepaid cell phones (e.g. a poll by Opinion Research Corporation showed 65 percent of those who relied on just a prepaid cell phone had household incomes less than $35,000). This tax would be regressive, raising the costs of prepaid cell cards for the most financially vulnerable.
* Many prepaid cell customers who are NH residents do not have a NH area code, and many who reside outside the state do have a NH area code cell number. - Pro-libertyHB 468-FNRequiring a warrant to obtain electronic device location information.
Why
This bill will prohibit government agencies from tracking the location of citizens without a warrant.
* HB468 comports with part one article 19 of the NH Constitution and the fourth amendment to the US Constitution.
* HB468 defends the privacy rights of NH citizens, and clarifies that government agencies shall not track their movements without a warrant from a judge based on probable cause.
* Technology has enabled some agencies in the U.S. to intercept cell phone signals and track citizens secretly, without oversight. This bill would prevent that from happening in NH. - Anti-libertyHB 486Authorizing towns and cities to establish special assessment districts.
Why
This bill would allow for additional taxes.
* This bill would be used to further raise taxes on people who are already struggling to pay property taxes, by allowing the majority of their neighbors to create special taxing districts for improvements.
* Could create a double tax for municipal services that are already being paid for, but not received.
* There is no requirement that all residents receive notice of a proposed district during the collection of signatures or the submission of an "improvement plan". The first residents and owners may hear of a proposed plan is when receiving notice of the hearing, putting those who might propose an alternative at a significant disadvantage. - Anti-libertyHB 577-FN-A-LEstablishing a children's savings account program, and relative to the bonding authority of the city of Dover.
Why
This bill would lead to massive new spending and involve government in the private finances of thousands of families.
* This type of program can and should be accomplished by private charities, either in coordination with each other or individually. It is inappropriate to use taxation and the state bureaucracy to fund or establish such a program.
* No restrictions are specified by the bill on the use of these funds. Will funds be available only for tuition? For any purpose at all? Can funds be withdrawn and spent by parents?
* This bill which would require spending $30,000 to hire someone to disperse $65,000 to students in its first year is a ridiculously inefficient use of taxpayer funds.
* The NHLA is not taking a position on the non-germane amendment relative to the bonding authority of the city of Dover.
Thursday, May 21, 2015 · Senate · 3 positions
- Anti-libertyHB 323Relative to the administration of the statewide assessment program.
Why
This bill grants legislative authority to the Department of Education commissioner to redesign the statewide assessment program.
* Legislation is not needed to designate the SATs for grade 11 as the statewide assessment. For over a decade no legislation was needed to designate the NECAPs or Smarter Balanced as statewide assessments.
* HB 323 was written to support the DOE commissioner's intention to transform the current statewide assessment program into a regional system of weekly K-12 PACE (Performance Assessment Competency Education) assessments administered by the Department of Education.
* The PACE pilot program has not demonstrated any evidence of success and has not been fully vetted by parents and teachers, including charter school parents and teachers.
* Support amendment 1752s. It is very narrowly written, specifying only the SATs as the high school assessment without any additional, unintended consequences. Amendment 1752s supports parent's rights and eliminates concerns that the commissioner will transform the statewide assessment program. - Pro-libertyHB 468-FNRequiring a warrant to obtain electronic device location information.
Why
This bill will prohibit government agencies from tracking the location of citizens without a warrant.
* HB468 comports with part one article 19 of the NH Constitution and the fourth amendment to the US Constitution.
* HB468 defends the privacy rights of NH residents, and clarifies that government agencies shall not track their movements without a warrant from a judge based on probable cause.
* Technology has enabled some agencies in the U.S. to intercept cell phone signals and track citizens secretly, without oversight. This bill would prevent that from happening in NH. - Anti-libertyHB 486Authorizing towns and cities to establish special assessment districts.
Why
This bill would allow for additional taxes.
* This bill would be used to further raise taxes on people who are already struggling to pay property taxes, by allowing the majority of their neighbors to create special taxing districts for improvements.
* Could create a double tax for municipal services that are already being paid for, but not received.
* There is no requirement that all residents receive notice of a proposed district during the collection of signatures or the submission of an "improvement plan". The first residents and owners may hear of a proposed plan is when receiving notice of the hearing, putting those who would seek to oppose a plan at a significant disadvantage.
Thursday, May 14, 2015 · Senate · 13 positions
- Pro-libertyHB 171Relative to rebating.
Why
This bill will allow insurance companies to hold contests with payouts greater than $1000.
* Insurance producers should be able to market their services through contests, sweepstakes, raffles, or drawings and not be limited to an arbitrary amount.
* This bill will put insurance companies on equal footing with other companies already allowed to hold contests, sweepstakes, raffles, or drawings. - Pro-libertyHB 206Relative to non-academic surveys or questionnaires given to students.
Why
This bill requires notification of a parent and respects their right to opt out.
* NAY on committee and floor amendments. Support the bill as passed by the House.
* Children should not be subjected to surveys and questionnaires that pry into non-academic, non-school related matter for the purpose of data gathering without parental notification.
* Requiring districts have an opt out policy is respectful of parental rights.
* Requiring districts to make surveys and questionnaires available to parents prior to distribution to students is good policy and consistent with federal law. - Anti-libertyHB 216-FNRelative to recovery of certain investigatory costs by regulatory boards and commissions.
Why
This bill incentivizes more numerous and expensive investigations by licensing and regulatory boards.
* Charging targets of investigations for the costs of the investigation could encourage numerous and expensive investigations of minor infractions.
* Passage of this provision would increase the likelihood of a board or commission to continue an investigation until they found some act of misconduct so that the licensee would have to pay the costs of the investigation.
* Charges for expensive investigations may be vastly exceed what is reasonable for the severity of the misconduct, in violation of part one article 18 of the NH constitution.
* NH licensing and regulatory requirements are already far too arduous. In order to improve the NH economy, and encourage innovation of entrepreneurship, legislators should be working to lessen licensing requirements and regulatory burdens. - Pro-libertyHB 219-FNRelative to the use of electronic benefits transfer (EBT) cards.
Why
This bill prohibits gross misuse of taxpayer funds.
* It is wrong to force taxpayers to fund gambling, or purchases of non-essential goods like tobacco, alcohol, lottery tickets, or adult entertainment.
* HB 216 is common sense. The recipients of taxpayer money, which is intended to help purchase basic necessities, should be prohibited from buying guns, porn, and tattoos with that money.
* While it is not currently, nor will it ever be possible to detect all instances of fraud, it is still important for the legislature to clarify that these clear abuses of taxpayer money are unlawful. - Anti-libertyHB 323Relative to the administration of the statewide assessment program.
Why
This bill grants legislative authority to the Department of Education commissioner to redesign & regionalize the statewide assessment program.
* No legislation is needed to establish the SATs as the designated statewide assessment for grade 11. No legislation was ever needed to establish the NECAPs or Smarter Balanced as designated statewide assessments for over a decade. Legislation is only needed to transform the current statewide assessment program into a Regional system of weekly K-12 PACE (Performance Assessment Competency Education) assessments.
* The US ED approved two-year waiver on March 5, 2015 based upon commissioner's "intent" to transition all districts to a "single statewide system" using the PACE program anchored to Smarter Balanced Achievement Level Descriptors, which are aligned to Common Core.
* PACE does not reduce testing; it significantly increases testing and re-testing under its Department-approved "State Graduation Competency" K-12 pilot program from 7 end-of-year assessments to over 400 weekly mini-assessments.
* PACE is a Regionally-implemented and Regionally-scored assessment program under the direct control of the Department of Education.
* If the transition to PACE is unsuccessful, no federal funding will be lost; all districts simply revert back to the existing statewide system with Smarter Balanced assessments, where informed parents can refuse the tests.
* PACE integrates its assessments into the student's day-to-day work in opposition to state law, RSA 193-C:1 VI. This integration makes it impossible for parents to effectively refuse the Smarter Balanced mini-assessments. This integration undermines the mission, independence, and integrity of Charter School curricula and day-to-day operations.
* Requiring Departmental approval for weekly PACE assessment program violates RSA 193-H:5 "Nothing in this chapter shall be construed to permit either the department of education or the state board of education to take control of the daily operations of any local public school." - Pro-libertyHB 332Relative to school district policy regarding objectionable course material.
Why
This bill ensures transparency when controversial materials are used in school.
* Nay on committee amendment 1261s. YEA on floor amendment 1559s which requires a policy with a clear method of notification to parents.
* Ensures that parents can review controversial materials on the school website two weeks prior to their use in the classroom.
* Encouraging open communication between schools and parents builds trust and cooperation.
* This bill allows parents an opportunity to engage their children in conversations on sensitive issues before it's discussed in class. - Anti-libertyHB 391-FNApplying the E911 surcharge to prepaid cellular telephones.
Why
This bill would increase taxes.
* The collection method in this bill is complex, inaccurate, and imposes costs on businesses.
* Lower income residents disproportionately use prepaid cell phones (e.g. a poll by Opinion Research Corporation showed 65 percent of those who relied on just a prepaid cell phone had household incomes less than $35,000). This tax would be regressive, raising the costs of prepaid cell cards for the most financially vulnerable.
* This tax is difficult to enforce. Many NH residents do not have a NH cell number. Prepaid cards can be purchased out of state or online to avoid this new tax and would hurt local NH retailers. - Pro-libertyHB 403-FNRepealing the law relative to providing certain parameters for access to reproductive health care facilities.
Why
This bill restores freedom of speech on public ways or sidewalks.
* Freedom of speech should not be restricted on public land paid for by taxpayers.
* The current law is unconstitutional and will cost the state too much to enforce.
* An almost identical Massachusetts law was struck down as unconstitutional by all 9 Supreme Court justices last summer. The plaintiffs in that case were awarded $1.24 million in legal fees.
* A vote against repeal is a vote to charge taxpayers for an expensive lawsuit the state is expected to lose. - Pro-libertyHB 463Relative to state agency communications.
Why
This bill improves oversight of state administrative agencies.
* The legislative budget assistant needs certain information in order to conduct effective performance and fiscal audits.
* Administrative agencies' refusal to provide the legislative budget assistant with needed documents makes effective oversight difficult or impossible. HB 463 helps correct this problem.
* HB463/A does not require disclosure of HIPAA protected information, or other individually identifiable medical information. - Pro-libertyHB 476-FNAmending the definition of "qualifying medical condition" in the therapeutic cannabis law.
Why
This bill recognizes the right of patients with certain serious illnesses to obtain the medicine they need.
* This bill will help patients who are suffering get treatment and relief.
* Bureaucrats and politicians should not stand between patients and doctors in determining courses of treatment.
* Natural cannabis has demonstrable medical benefits as a treatment to certain symptoms and diseases, that no other drug (including synthetic alternatives) can match. - Anti-libertyHB 486Authorizing towns and cities to establish special assessment districts.
Why
This bill would allow for additional taxes.
* This bill would be used to further raise taxes on people who are already struggling to pay property taxes, by allowing the majority of their neighbors to create special taxing districts for improvements.
* Could create a double tax for municipal services that are already being paid for, but not received.
* There is no requirement that all residents receive notice of a proposed district during the collection of signatures or the submission of an "improvement plan". The first residents and owners may hear of a proposed plan is when receiving notice of the hearing, putting those who would seek to oppose a plan at a significant disadvantage. - Pro-libertyHB 603Relative to student exemption from the statewide assessment.
Why
This bill respects a parent's right to refuse state assessments for their child.
* This bill makes it clear that there is no penalty for students exempted by parents from statewide assessments.
* This bill is necessary to refute the Commissioner's Technical Advisories which school districts are inappropriately using to bully and intimidate parents.
* No state or school district has lost federal funding due to lower participation rates.
* Parents' rights should not be compromised in order to chase federal dollars. - Anti-libertyHB 681-FN-AIncreasing the marriage license fee.
Why
This bill would make getting permission to be married more expensive.
* Unfairly penalizes peaceful people, who choose to marry, for the violent actions of others.
* It would be more appropriate for domestic violence perpetrators to fund prevention programs, not innocent couples.
* This is not a user-fee. Should car registration fees pay for road-rage therapy or dog license fees pay for the K-9 Unit?
Thursday, May 7, 2015 · Senate · 7 positions
- Pro-libertyHB 102Relative to consideration of warrant articles.
Why
This bill defends open access to government in small towns.
The non-germane amendment protects the right of property owners to build accessory dwelling units.* If residents of a town make the effort to put an article on the warrant, they should have confidence that it will be acted on in the town meeting, and not ignored.
* Many NH residents are currently prevented by arduous zoning laws from building accessory dwelling units.
* The needs and demographics of NH residents are shifting. Accessory dwelling units make it possible for aging parents to live with adult children, elderly residents to retain their independence by obtaining live-in aid, and young adult children to share housing costs with parents.
* The right of property owners to make their own choices about their property should be respected. Increasing housing flexibility benefits everyone. - Pro-libertyHB 271Relative to possession and administration of an opioid antagonist for opioid-related overdoses.
Why
This bill allows patients and family members access to life saving anti-overdose medication.
* The failed 'War on Drugs' has created a situation where last year alone, 100 people died due to heroin overdoses in NH. Many, perhaps most of these lives could have been saved if Naloxone or Narcan had been readily available and administered promptly.
* Those closest to a heroin user should be able to obtain this miracle medicine for use in case of overdose. Imagine a mother that is powerless to help her overdosing child as she waits for EMS when an immediate cure would have been available if only the state allowed her to have it.
* 27 States including Vermont, Massachusetts, Maine, Rhode Island, and Connecticut already have laws allowing access to Narcan for friends and family of those at risk.
* Restricting access to Narcan creates great harm and has no benefit, there is no danger of abuse or maladministration.
* This bill has zero cost to taxpayers. - Anti-libertyHB 323Relative to the administration of the statewide assessment program.
Why
This bill grants legislative authority to the department to re-design and regionalize the statewide assessment program under the commissioner's control.
* The US Education Department approved a two year NCLB waiver on March 5, 2015 based upon the Commissioner's "intent" to transition all districts to Performance Assessment Competency Education (PACE), a single statewide system anchored to Smarter Balanced Achievement Level Descriptors, based on Common Core.
* PACE does not reduce testing; it significantly increases testing and re-testing under its Department- approved "State Graduation Competency" pilot program.
* PACE is a regionally-implemented and regionally-scored, yet supposedly "local" assessment system under the control of the Department, undermining districts.
* If the transition to PACE is unsuccessful, no federal funding will be lost; all districts simply revert back to the existing Statewide system with Smarter Balanced testing, where informed parents can refuse the tests.
* PACE integrates its assessments into the weekly curriculum in opposition to RSA 193-C:1 VI, making it impossible for parents to refuse these Smarter Balanced mini-assessments.
* Requiring Departmental approval for weekly PACE assessments violates RSA 193-H:5 "Nothing in this chapter shall be construed to permit either the department of education or the state board of education to take control of the daily operations of any local public school." - Pro-libertyHB 403-FNRepealing the law relative to providing certain parameters for access to reproductive health care facilities.
Why
This bill restores freedom of speech on public ways or sidewalks.
* Freedom of speech should not be restricted on public land paid for by taxpayers.
* The current law is unconstitutional and will cost the state too much to enforce.
* An almost identical Massachusetts law was struck down as unconstitutional by all 9 Supreme Court justices last summer. The plaintiffs in that case were awarded $1.24 million in legal fees.
* A vote against repeal is a vote to charge taxpayers for an expensive lawsuit the state is expected to lose. - Pro-libertyHB 476-FNAmending the definition of "qualifying medical condition" in the therapeutic cannabis law.
Why
This bill recognizes the right of patients with certain serious illnesses to obtain the medicine they need.
* This bill will help patients who are suffering get treatment and relief.
* Bureaucrats and politicians should not get between patients and doctors in determining courses of treatment.
* Natural cannabis has demonstrable medical benefits as a treatment to certain symptoms and diseases, that no other drug (including synthetic alternatives) can match. - Pro-libertyHB 494Relative to industrial hemp as a controlled substance.
Why
This bill eliminates an unnecessary and harmful prohibition on industrial hemp.
* Industrial hemp is completely non-psychoactive and not useful as a recreational drug. There is zero risk of abuse.
* Hemp is easy to distinguish from its cousin visually by the layperson. Law enforcement would have no trouble enforcing the prohibition on marijuana if hemp were brought back into production in NH.
* Hemp is a versatile crop, with a long and proud history of cultivation in NH, from early colonial times, through the early 20th century. In modern times it has been used for industrial purposes including paper, textiles, clothing, biodegradable plastics, construction, body products, health food, and bio-fuel.
* U.S. retail sales are estimated to exceed $350 million annually. The U.S. market for hemp clothing and textiles is approximated at $100 million annually. Currently, hemp products are imported from Canadian farmers, where it is a major crop (over 66,000 acres in 2013).
* Allowing industrial hemp production in NH would spur agriculture here, rather than continuing to ship jobs to Canada.
* 13 states already have passed bills allowing hemp as a commercial crop, including Vermont and Maine. 7 others allow it to be grown for academic or research purposes. - Pro-libertyHB 603Relative to student exemption from the statewide assessment.
Why
This bill respects a parent's right to refuse state assessments for their child.
* This bill makes it clear that there is no penalty for students exempted by parents from statewide assessments.
* The bill as amended by the House fails to address student privacy. Only the original bill prevents the public from obtaining parent refusal information under the Right to Know law.
* This bill is necessary to refute the Commissioner's Technical Advisories which school districts are inappropriately using to trample parents' rights.
* No state or school district has lost federal funding due to lower participation rates.
* Parents' rights should not be compromised in order to obtain federal dollars.
Wednesday, May 6, 2015 · House · 4 positions
- Anti-libertySB 105(New Title) relative to child-resistant packaging for tobacco products and establishing a committee to study revising the indoor smoking act.
Why
This bill creates unneeded regulations for bottling of electronic cigarette liquid.
* Fluid for E-cigarettes is intended to be consumed by adults, and is not widely sold in childproof containers. This requirement would make refills for this tobacco replacement product far more difficult for NH residents to obtain, and make it more difficult for those of limited means to shift to what is a far healthier alternative to smoking tobacco.
* No childproof cap will be a replacement for responsible parenting. Parental negligence causes poisoning, not the product. The tragic situation in which one child in New York died after drinking liquid nicotine would not have been prevented by this bill. The child, who is the only confirmed infant death from exposure to liquid nicotine, was exposed to the product only after his parents left it uncapped and within his easy reach.
* One cigarette can kill a child if ingested and yet cigarettes are not sold in childproof packages. Many other products, which can be harmful if ingested by children, often lack child resistant packaging, including alcohol (isopropyl and ethanol), many household chemicals and cleaners, cosmetics, etc. - Anti-libertySB 106-FNRestricting the sale or possession of synthetic drugs.
Why
This bill is a further continuation of failing prohibitionist drug policies.
* The legislature could more effectively address the failure the 'war on drugs' by decriminalizing marijuana, instead of adding new prohibitions to ban alternatives.
* In many cases, unregulated alternatives developed to replace illegal drugs are far more dangerous than the original drug. For example, "Spice" was invented to circumvent prohibitionist policies on marijuana. Lengthening the list of prohibited substances only encourages users to try even more dangerous alternatives.
* All manner of potentially dangerous and even lethal products are legal to sell and possess in New Hampshire. It is not practical to ban all substances which can be misused (including glues, many solvents, and aerosols, etc.).
* In a free society, individuals should not be punished for peaceful activities which harm only themselves. Individuals should take responsibility for their own choices. - Anti-libertySB 125-FNRelative to certification and licensure for mold assessment or remediation services.
Why
This bill infringes on the rights of homeowners and service providers.
* Licensing often creates unintended consequences, increasing the behavior it ostensibly intends to limit -- in this case amateur work. As hiring a certified and licensed professional becomes more expensive, more homeowners might attempt to do the work themselves or neglect the problem to save money.
* A test or licensing fee is no replacement for references and reputation. Some licensed service providers are incompetent & many unlicensed service providers are highly competent. Licensing creates a false sense of security for consumers, and reduces the overall quality of work provided, by raising barriers to entry, and reducing competition.
* Licensing makes it more difficult even for experienced, competent workers to start small businesses. We should be reducing the already significant regulatory load on small businesses, not increasing it.
* The government should not be imposing restrictions on homeowners regarding who they may hire to provide services for their own property. - Anti-libertySB 30-FN-L(2nd New Title) permitting counties with unincorporated areas to establish tax increment financing districts.
Why
This bill allows guarantees of a bond issue of up to $30 million for a well capitalized investor to develop the Balsams Resort.
* This bill expands the use of the Business Finance Authority, which allows government to arbitrarily subsidize some private projects over others. This is not good governance and violates Article 10 of the NH Constitution which states "Government being instituted for the common benefit, protection, and security, of the whole community, and not for the private interest or emolument of any one man, family, or class of men".
* This bill gives New Hampshire counties unprecedented taxing powers over unincorporated areas and expands the practice of using New Hampshire taxpayers as the guarantors of loans for the benefit of private interests.
* Capital for private ventures should come from voluntary investors, lenders, and donors, not from taxpayers who are forced to participate in financing private projects they may not support.
Thursday, April 30, 2015 · Senate · 11 positions
- Pro-libertyHB 124Relative to the implementation of new college and career readiness standards.
Why
This bill increases government transparency.
* This bill creates a more open, communicative adoption process for college readiness standards.
* Parents should have the opportunity to provide feedback regarding the adoption of policies that affect the education of their children. - Anti-libertyHB 136Prohibiting tanning facilities from tanning persons under 18 years of age.
Why
This bill infringes on parental rights.
* It is not possible or appropriate for the state to mandate every aspect of responsible parenting.
* If this bill becomes law, a teen who needs photo-light therapy would have to use a dermatologist's office to treat seasonal affective disorder or other medical conditions - which would be much more expensive than the tanning salon.
* If this bill becomes law, a teenager who is seventeen could join the military (with parental consent) but would be banned from getting a tan.
* If this bill becomes law, a teenage woman could get an abortion without parental consent but would be banned from tanning. - Pro-libertyHB 200Allowing homestead food operations exempt from licensure to sell homestead food products at retail food stores.
Why
This bill allows properly labeled food from local homestead farms to be sold at retail outlets.
* Easing restrictions on sale of farm goods at retail outlets makes it more possible for NH residents to partially support themselves sustainably through small-scale farming.
* This bill will allow NH consumers access to healthier and more unique options, and will result in higher availability of affordable, locally sourced food. - Pro-libertyHB 206Relative to non-academic surveys or questionnaires given to students.
Why
This bill, as passed by the House, protects a parent's right to opt-out of their children's participation in non-academic surveys.
* NAY on Senate amendment #2015-1180s, which would turn this bill into a study committee.
* Children should not be subjected to surveys that pry into non-academic, non-school related matters for the purpose of data collection without parental notification.
* Parents have a right to be informed about surveys given to their children, and a right to opt out of surveys that they consider to be inappropriate.
* Requiring districts to make surveys and questionnaires available to parents prior to distribution to students is good policy and consistent with federal law. - Pro-libertyHB 227Relative to eminent domain on public lands.
Why
This bill recognizes the right of local residents to have a voice regarding eminent domain seizures of public land.
* Eminent domain seizures can affect the health and well being of the neighbors of the seized property. Neighboring residents should have a voice in the process.
* Public land belongs to the people of the municipality. Decisions regarding the use of public land should be made by the citizens in those municipalities.
* Lowering energy costs does not justify destroying the local environment, or taking public land without the consent of the people. - Anti-libertyHB 258-FN-LRelative to fees for preparing motor vehicle registration documents.
Why
This bill doubles the clerical fee for registering a vehicle.
* Instead increasing fees, which are already high, towns should look to better allocate existing funds.
* This is a double tax on citizens. Town clerks are already paid for their time through other taxes.
* Towns could reduce the expense of having clerks file registration documents if the registration process was online. - Pro-libertyHB 332Relative to school district policy regarding objectionable course material.
Why
The unamended bill ensures transparency when controversial materials are used.
* NAY on Senate amendment #2015-1261s. This amendment narrowly focuses blame on teachers when the principal or superintendent could be at fault. Violation of any school policy should automatically result in a reprimand. There is no need to micro-manage districts.
* This bill ensures that parents can review controversial materials on the school website two weeks prior to their use in the classroom, allowing parents an opportunity to engage their children in conversations on sensitive issues.
* Encouraging open communication between schools and parents builds trust and cooperation. - Pro-libertyHB 336Relative to seasons for hunting by crossbow.
Why
This bill allows for crossbow seasons for various game animals and birds.
* Sportsmen should have the freedom to use the hunting weapons of their preference.
* Crossbow hunting is no less safe or effective than other forms of hunting.
* This bill makes current hunting law more consistent, by eliminating an arbitrary restriction on the use of crossbows for large game other than deer. - Pro-libertyHB 554-FNRelative to sales of beer in refillable containers.
Why
This bill offers more choices to NH consumers, and helps NH retailers compete.
* This bill would allow the sale of growlers in restaurants, beer stores, and supermarkets. Sales of growlers are currently only allowed by nano-breweries, brewpubs, and beverage manufacturers.
* Some beers are only available through keg purchases. This bill will allow NH residents access to craft beers that are not readily available.
* 35 states, including Massachusetts and Vermont, already allow growler sales under a retail license.
* This bill will allow New Hampshire businesses to offer products that their customers want. - Anti-libertyHB 559-FNRelative to vehicle registration by entities doing business in New Hampshire.
Why
This bill would penalize out-of-state companies with fleets of vehicles for doing business in New Hampshire.
* This will increase the cost to do business in NH and may force car and truck rental companies out of NH. Businesses routinely register their entire fleet in one state for easier accounting and to save money. Under this bill companies would be required to register their vehicles in NH instead of where it is most advantageous and economical for them to do so.
* This bill is largely unenforceable and the cost to attempt enforcement would outweigh the increase in revenue from registrations. We shouldn't have unenforceable laws on the books.
* This bill was requested by the Department of Safety to target ambulance companies. Enforcement of existing laws requiring a license to operate an ambulance would make this bill unnecessary. - Anti-libertyHB 577-FN-A-LEstablishing a children's savings account program.
Why
This bill would lead to massive new spending and involve government in the private finances of thousands of families.
* This type of program can and should be accomplished by private charities, either in coordination with each other or individually. It is inappropriate to use taxation and the state bureaucracy to fund or establish such a program.
* No restrictions are specified by the bill on the use of these funds. Will funds be available only for tuition? For any purpose at all? Can funds be withdrawn and spent by parents?
* This bill which would require spending $30,000 to hire someone to disperse $65,000 to students in its first year is a ridiculously inefficient use of taxpayer funds.
* The NHLA is not taking a position on the non-germane amendment relative to the bonding authority of the city of Dover.
Wednesday, April 29, 2015 · House · 2 positions
- Anti-libertySB 113-FN-A-LRelative to video lottery and table gaming.
Why
This bill creates government granted monopoly privileges.
* Allowing one or two special interests to conduct gambling operations, while prohibiting all others from competing, is a clear example of regulatory capture and an unjust use of government power.
* This bill would violate article 83 of the NH Constitution, which states "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."
* This bill dramatically increases the size and scope of government. Once large bureaucracies and moneyed interests are created, they are very difficult to roll back.
* The NHLA would support a bill to more broadly legalize gambling, or allow for the creation of many independent casinos. - Pro-libertySB 116-FNRepealing the license requirement for carrying a concealed pistol or revolver.
Why
This bill eliminates an arbitrary legal distinction between concealed & open carry.
* A requirement to have a license to carry a concealed firearm is an infringement on an individual's right to self-defense. This bill allows law-abiding citizens to carry protection discreetly.
* This bill eliminates unnecessary and abstruse definitions of "open" versus "concealed" carry, which are difficult to interpret, have led to several lawsuits, and unfairly criminalize law abiding citizens.
* This bill removes the ambiguity of a "suitable person", which encourages profiling, and has in the past been used for ethnic, racial, and gender discrimination.
* For many people, due to work or life circumstances, it is not practical to open carry. In these cases, current law effectively constitutes a waiting period, prohibiting a person who may be feel threatened (e.g. a woman suffering from a stalker) from carrying protection when they need it.
* Other states that have enacted constitutional carry have seen either no statistically significant change in violent crime, or a slight downward trend.
Wednesday, April 15, 2015 · House · 4 positions
- Pro-libertySB 101Prohibiting the state from requiring implementation of common core standards.
Why
This bill protects local control over educational standards.
* SB 101 prohibits the state from mandating Common Core standards thereby protecting local control.
* Federally funded "regional liaisons" recruited by the NH DoE have worked to implement Common Core in school districts without approval of parents or school boards.
* This bill protects local control in the face of on-going efforts to eliminate local decision making authority, including a No Child Left Behind waiver renewal that would require Common Core to be implemented in every school district. - Anti-libertySB 125-FNRelative to certification & licensure for mold assessment/remediation services.
Why
This bill infringes on the rights of homeowners and service providers.
* Licensing often exacerbates problems it ostensibly intends to remedy - in this case, use of amateur work. As hiring a certified and licensed professional becomes more expensive, more homeowners might attempt to do the work themselves to save money.
* Requiring a license to remove mold doesn't mean the licensee will do a good job; there are both licensed service providers who do poor work, and unlicensed service providers who do good work.
* Licensing reduces competition and raises costs, limiting the ability of homeowners to choose a better alternative based on more relevant qualifications, like reputation and experience.
* The government should not be imposing restrictions on homeowners regarding who they may hire to provide services for their own property. - Anti-libertySB 149Relative to nonpublic sessions under the right-to-know law.
Why
This bill creates an unnecessary exemption to the right-to-know law.
* Contract negotiations are already covered under RSA 91-A. Adding legislation for every possible contract situation is unnecessary.
* This bill is attempting to solve a problem that doesn't currently exist. School districts have gone into non-public session for student or pupil tuition contracts in the past without it being an issue. - Pro-libertySB 16Relative to the requirement for observers of water skiers.
Why
This bill reduces regulations on competitive water skiing in certain circumstances.
* This bill is very limited, applying only to skiers on an officially permitted slalom course, using approved equipment.
* 13 other states already allow a mirror of appropriate size to be used in lieu of an observer, for both competitive and recreational skiing.
* NHLA would support an amendment to extend SB16 to also apply to recreational water skiing.
Thursday, April 9, 2015 · Senate · 3 positions
- Pro-libertyHB 122Relative to advertising of liquor or beverages.
Why
This bill repeals the prohibition on alcohol container labels referencing minors.
* HB 122 as amended repeals RSA 179:31, VII(a) which violates freedom of speech.
* This bill improves the current law on beer labels, which forbids any depiction of a minor no matter how innocent. The liquor commission would still be able to ban subject matter or illustrations that they determine is reasonably likely to induce minors to drink.
* The NHLA supports this bill, but is cautious about giving more discretion to regulators. Giving the commission the discretion to allow some artwork on labels also allows them to ban other artwork. How we exercise of our First Amendment rights shouldn't be decided by the liquor commission. - Anti-libertyHB 216-FNRelative to recovery of certain investigatory costs by regulatory boards and commissions.
Why
This bill incentivizes more numerous and expensive investigations by licensing and regulatory boards.
* Charging targets of investigations for the costs of the investigation could encourage numerous and expensive investigations of minor infractions.
* Passage of this provision would increase the likelihood of a board or commission to continue an investigation until they found some act of misconduct so that the licensee would have to pay the costs of the investigation.
* Charges for expensive investigations may be vastly exceed what is reasonable for the severity of the misconduct, in violation of part one article 18 of the NH constitution.
* NH licensing and regulatory requirements are already far too arduous. In order to improve the NH economy, and encourage innovation of entrepreneurship, legislators should be working to lessen licensing requirements and regulatory burdens. - Pro-libertyHB 534Relative to the duties of the housing finance authority.
Why
This bill increases government transparency.
* Fiscal responsibility requires representatives to have accurate and timely knowledge about spending by government entities, including the Housing Finance Authority.
* Requiring the disclosure of terms and conditions of loans or grants to municipalities helps prevent misunderstanding, and helps ensure local authorities are fully informed.
Thursday, March 26, 2015 · Senate · 6 positions
- Anti-libertySB 100Relative to home heating fuel deliveries in the winter.
Why
This bill compels fuel providers to deliver when payment is guaranteed by municipal welfare officials.
* The state should not interfere in the right of NH business owners and residents to freely contract, or choose not to contract, for goods or services. To forcefully compel a service provider to do business with another private party is unjust.
* The bill as amended is poorly written, and unclear. The text of the amendment only references "current delivery", with no specification of the good or service to be delivered. RSA 358-A:2, into which SB100/A would add a new paragraph, covers many different types of commerce, not just heating fuel. It is also not clear if the mandate to provide service is contingent on the repayment plan, nor who determines whether a payment plan is "reasonable".
* This bill as amended provides no protection to fuel providers nor accountability to municipal welfare officials who provide the guarantee. The amended bill does not specify that a fuel provider has a legal claim to collect money from the municipality should the customer default. - Anti-libertySB 158Relative to notice required prior to foreclosure.
Why
This bill increases the notice requirement for out of state mortgagees foreclosing on certain owner occupied dwellings from 25 to 60 days.
* The law as amended by SB158 would treat NH based mortgagees unequally, by allowing them to foreclose far more quickly. It would also treat both owners of more than 5 units, and owners who live offsite unequally, by allowing them to be subject to foreclosure on shorter notice. In both cases, legitimate mortgagees and mortgagers would be put at an unfair competitive disadvantage.
* SB158 makes current law both more complicated and less consistent.
* NH Law should not interfere in private contracts by creating complicated mandates for foreclosure notice. Instead, notice requirements should be determined by the terms of the mortgage contract itself. - Pro-libertySB 169Relative to permissible uses of electronic benefit transfer (EBT) cards.
Why
This bill prohibits gross misuse of taxpayer funds.
* It is wrong to force taxpayers to fund gambling, or purchases of non-essential goods like tobacco, alcohol, lottery tickets, or adult entertainment.
* SB169 is common sense. The recipients of taxpayer money, which is intended to help purchase basic necessities, should be prohibited from buying guns, porn, and tattoos with that money.
* While it is not currently, nor will it ever be possible to detect all types of fraud, it is still important for the legislature to clarify that these clear abuses of taxpayer money are unlawful. - Anti-libertySB 190-FNRelative to payment of costs for career & technical education center programs & administration by the DOE, & establishing a tax credit against business profits taxes for donations to such centers.
Why
This bill expands the size and scope of career and technical education programs administered by the Department of Education.
* Regional education programs operating directly under the Department of Education undermine the well established NH principle that education is better controlled locally by parents and taxpayers.
* Instead of creating or expanding state level programs, the state should allow local districts to more freely work with each other, with private businesses and organizations, and with a range of education providers, to make the choices that best fit the needs of local students and taxpayers. - Pro-libertySB 216-FNRelative to sales of alcoholic beverages by manufacturers.
Why
This bill allows sales of samples onsite at distilleries, wineries & beverage manufacturers.
* Local artisan breweries, wineries, and distilleries have become an important growth industry for NH, creating jobs, increasing tourism, and enhancing overall quality of life for NH residents. This bill helps New Hampshire businesses.
* The provision of onsite samples is standard in these industries, and expected by customers. These businesses should not be expected to provide those samples for free, and the right of business owners to charge for a legitimate product should be respected.
* HB216 makes the law more consistent between breweries and other beverage manufacturers. - Pro-libertySB 7Adding duties to the joint health care reform oversight committee.
Why
This bill improves legislative oversight of regulatory policy.
* It is important that the legislature provide robust oversight of executive department policies to ensure they do not create more arduous regulations than are specified by NH law, and to ensure that the rights and the freedoms of NH residents are respected.
* The amendment clarifies that the committee will take responsibility to approve regulatory policies, and not merely review them.
Wednesday, March 25, 2015 · House · 2 positions
- Anti-libertyHB 215-FNRelative to school building aid grant payments.
Why
This bill would mandate 50 million dollars per year in state spending on school buildings.
* RSA 198:15-a, IV allows for up to 50 million dollars of school building aid grants. By changing that to require that at least 50 million be granted every year, excess spending & higher taxes would result.
* School enrollments have been falling year after year, and yet school budgets continue to increase. This unchecked spending increases already high property taxes, and further burdens the NH economy. Schools should be more, not less accountable, to reign in spending.
* With state building aid, local districts will fund more extravagant schools than they would if they had to pay the full cost themselves. - Pro-libertyHB 468-FNRequiring a warrant to obtain electronic device location information.
Why
This bill will prohibit government agencies from tracking the location of citizens without a warrant.
* HB468 comports with part one article 19 of the NH constitution and the fourth amendment to the US constitution.
* HB468 defends the privacy rights of NH residents, and clarifies that government agencies shall not track their movements without a warrant from a judge based on probable cause
* Technology has enabled some police departments in the U.S. to intercept cell phone signals and track citizens secretly, without any oversight. This bill would prevent that from happening in NH.
Thursday, March 19, 2015 · Senate · 7 positions
- Pro-libertyCACR 5Relating to legal actions. Providing that taxpayers have standing to bring actions against the government.
Why
This bill restores the right of taxpayers to petition the courts for redress.
* Taxpayers have an inherent interest in seeing the most effective use of their money which funds state government. Therefore, they ought to have legal standing in any suit against the government which concerns disbursements from the treasury.
* In many cases unlawful actions by government officials have gone unchallenged for too long because of difficulty finding a plaintiff with standing. This bill better holds government accountable to the constitution and to the law. - Pro-libertySB 1Reducing the rate of the business profits tax & the business enterprise tax.
Why
These bills protect the property rights of business owners by reducing taxes.
* NH's ability to attract new businesses and retain existing businesses is vital to the health of our economy. Low unemployment benefits everyone.
* High business tax rates impede NH's ability to attract and retain businesses.
* When profits are not heavily taxed they can be re-invested to hire more staff, create more robust R&D, or invested in capital equipment.
* Enterprise taxes are a tax on compensation. Lowering these taxes directly enables businesses to increase compensation to employees. - Anti-libertySB 105Revising the indoor smoking act.
Why
This bill prohibits private property owners from allowing use of e-cigarettes, even in designated smoking areas.
* Business owners have a right to set rules for their own property. The appropriate recourse for a customer or worker who objects to the use of e-cigarettes is to refrain from doing business in locations where it is permitted.
* E-cigarettes emit water vapor, not smoke, which studies show to be vastly safer than traditional smoking. (e.g. Roswell Park Cancer Institute found e-cigarette toxicant levels to be 9 to 450 times lower than those in cigarette smoke). There is no credible evidence that there is danger from secondhand e-cig water vapor.
* This bill is fundamentally intolerant, even eliminating reasonable exceptions to current law, for designated smoking rooms in hotels, private social clubs, and more. - Anti-libertySB 125-FNRelative to certification and licensure for mold remediation services.
Why
This bill creates yet another hurdle for business owners.
* Licensing often creates untended consequences, increasing the behavior it ostensibly intends to limit -- in this case amateur work. As hiring a certified and licensed professional becomes more expensive, more homeowners will attempt to do the work themselves or neglect the problem to save money.
* A test or licensing fee is no replacement for references and reputation. Some licensed service providers are incompetent & many unlicensed service providers are highly competent. Licensing creates a false sense of security for consumers, and reduces the overall quality of work provided, by raising barriers to entry, and reducing competition.
* Licensing makes it more difficult even for experienced, competent workers to start small businesses. We should be reducing the already significant regulatory load on small businesses, not increasing it. - Anti-libertySB 155-FN-AEstablishing a recovery fund for victims of the Financial Resources Mortgage (FRM) fraud and continually appropriating a special fund.
Why
This bill would require taxpayers of the State of New Hampshire to take partial responsibility for the losses of investors in the FRM debacle.
* Perpetrators should be funding compensation to victims of fraud. It is inappropriate and unjust to force uninvolved taxpayers to do so.
* SB 155 sets a bad precedent for investors looking to have taxpayers bail them out of bad investments. The lesson: If an investment doesn't work, find a friendly legislator to pass a bill granting a bail-out.
* The State only has liability for actions carried out in its name. Therefore, unless an officer of the State has been found guilty of malfeasance or maladministration in office for failing to intercede in such a case of fraud can the State, and the taxpayers be found to bear financial responsibility. - Anti-libertySB 162Prohibiting smoking in motor vehicles with a passenger under the age of 18.
Why
This bill tries to legislate good parenting.
* The state should not attempt to micromanage good parenting and common sense with legislation.
* This is a slippery slope toward controlling what one does in his or her own home. If a parent is banned from smoking in a car with his child, next he'll be banned from smoking in his own home.
* The dangers second hand smoke in a car are exaggerated. Simply smoking in a car does not necessarily create an overly toxic environment. Appropriate ventilation would limit second-hand smoke for passengers to levels similar to that found in a smoking household. - Pro-libertySB 2Reducing the rate of the business profits tax & the business enterprise tax.
Why
These bills protect the property rights of business owners by reducing taxes.
* NH's ability to attract new businesses and retain existing businesses is vital to the health of our economy. Low unemployment benefits everyone.
* High business tax rates impede NH's ability to attract and retain businesses.
* When profits are not heavily taxed they can be re-invested to hire more staff, create more robust R&D, or invested in capital equipment.
* Enterprise taxes are a tax on compensation. Lowering these taxes directly enables businesses to increase compensation to employees.
Monday, March 16, 2015 · House
NHLA’s recommendations for this session are published.
Thursday, March 12, 2015 · Senate · 6 positions
- Anti-libertySB 126-FNProhibiting the placement of political signs in public rights-of-way.
Why
This bill restricts speech on public rights of way.
* Public political speech should be protected, even when inconvenient.
* This bill is unenforceable. There is no feasible way for a government worker or member of the public to know whether or not signs along rights of way have been approved by an abutting property owner.
* NH DOT already as discretion to remove political signage along major highways and rights of way as necessary. - Pro-libertySB 146Relative to accessory dwelling units.
Why
This bill protects the right of property owners to build accessory dwelling units.
* Many NH residents are currently prevented by arduous zoning laws from building accessory dwelling units.
* The needs and demographics of NH residents are shifting. Accessory dwelling units make it possible for aging parents to live with adult children, elderly residents to retain their independence by obtaining live-in aid, and young adult children to share housing costs with parents.
* The right of property owners to make their own choices about their property should be respected. Increasing housing flexibility benefits everyone. - Pro-libertySB 205-FNRelative to the governor's office and the legislature under the electioneering law.
Why
This bill increases government transparency and accountability.
* Protects the public's right to transparency as recognized in Art. 8 of the NH constitution, by applying right to know statues to the office of the governor.
* Appropriately holds government officials accountable for misuse of taxpayer resources, by extending electioneering laws to employees of the office of the governor, and of the general court. - Anti-libertySB 261-FNEstablishing a state minimum wage.
Why
This bill infringes on the freedom of workers and employers.
* Minimum wage laws lower the number of entry-level jobs and make it harder for people of low skill to gain critical experience.
* Higher wages for everyone are better accomplished through job creation - more jobs means more competition to hire all workers.
* Workers and employers have a right to contract for whatever wage they wish. It is wrong for government to legally prohibit voluntary employment agreements. - Anti-libertySB 262-FNRelative to the form of drivers' licenses and identification cards.
Why
This bill imposes an invasive federal program on NH residents.
* This bill would violate NH citizens' privacy by requiring that drivers' licenses and non-driver IDs provide personal data in a machine readable format.
* The REAL ID Act was an ill-considered legislative boondoggle and unfunded mandate. States around the country, including New Hampshire, were right to refuse the national ID project when DHS first attempted to implement it, and are right to continue to do so.
* There is no pressing harm that this legislation addresses. A national ID is anti-liberty and unnecessary. - Pro-libertySB 32Relative to state agency budgetary reporting requirements.
Why
This bill increases government transparency.
* Fiscal responsibility requires representatives to have accurate knowledge about spending by government entities.
* Taxpayers have a right to know how their money is being spent.
* Reporting requirements are reasonable, and not arduous.
Wednesday, March 11, 2015 · House · 44 positions
- Anti-libertyHB 210Relative to financial responsibility limits for motor vehicle liability insurance.
Why
This bill doubles the insurance requirement for some motorists.
* Requiring someone to purchase insurance for a couple of speeding tickets is excessive at $25,000 of liability coverage. This bill would increase that to as much as $100,000.
* This bill is unneeded. Uninsured motorist claims have been falling and NH already has below average percentages of uninsured motorists. - Pro-libertyHB 214-FNCircumstances under which a police officer's certification may be revoked.
Why
This bill promotes police accountability.
* A police officer who, in the course of his or her official duties, is proven to have committed perjury, given a false statement, or tampered with or fabricated physical evidence is unfit for the job, & should be fired.
* Respect for police is undermined when corruption is tolerated, or defended.
* Allowing a corrupt and dishonest police officer to remain on the job threatens the safety and liberty of innocent people. - Anti-libertyHB 220-FNRequiring licensure of community association property managers.
Why
This bill infringes on the rights of condominium owners and workers.
* One size fits all legislation is bad public policy. Some associations are dozens of units; others may be 2 or 3 owners. Requiring expensive and time-consuming licenses and continuing-ed courses for tiny duplexes in remote, financially distressed locations is inappropriate.
* Condo owners have a right to make their own choices about who will manage their property.
* This bill is unneeded. Managers with a poor reputation or who cannot provide references won't be hired. - Pro-libertyHB 263Prohibiting residency restrictions on sex offenders.
Why
This bill would ban local ordinances that unfairly punish sex offenders.
* New Hampshire courts have ruled that municipalities may not exile citizens, no matter how undesirable they may be.
* Allowing ex-offenders no convenient place to live makes it much more difficult for police and parole officers to track their whereabouts and keep the public safe against a possible re-offense.
* Released sex offenders have served their time and should not be punished twice for their crime. - Anti-libertyHB 267-FNRequiring employers to verify an employee's eligibility to work in the US.
Why
This bill would compel the use of an E-verify type of federal database.
* Citizens and legal residents should not be required to obtain a permission slip to work.
* The NH legislature is responsible for determining labor law in New Hampshire; it should not surrender that responsibility to the federal government.
* The E-verify system has mistakenly prevented completely legal citizens from taking a job; the Social Security Administration itself reports that approximately 17.8 million of its files contain incorrect data, 12.7 million of which concern U.S. Citizens. - Anti-libertyHB 292Expanding the good Samaritan law to engineers and architects.
Why
This bill allows engineers and architects to take control of other people's private properties without the commensurate accountability.
* HB 292 specifically concerns judgements about the safety and structural integrity of buildings, both public and private.
* Legal recourse for private property owners must be protected. Under this bill, government officials can be shielded from liability by using 'volunteers' to take and control other people's property unfairly.
* Plumbers, electricians, and foresters that volunteer in an emergency are not exempted from liability. Exempting one specific class of individual, for one specific purpose, constitutes unequal protection.
* There is no need for this bill. Emergencies have been effectively handled for for hundreds of years in NH, without this law. - Pro-libertyHB 298Relative to the seasons for taking game animals & game birds with the use of bait.
Why
This bill allows use of bait to take game animals during the existing open season.
* Helps hunters better control the conditions under which game is taken increasing safety for humans and reducing risk of suffering for the game animals.
* Clarifies existing legislative intent on the use of bait for taking game reducing the risk of loss of rights via executive action. - Pro-libertyHB 303Relative to statewide assessment standards and parental consent for psychological services to students.
Why
This bill protects the integrity of statewide assessments and requires written parental consent before any treatment by a school psychologist.
* Amendment simplifies bill to prohibit statewide assessments from asking dispositional questions, measuring student values, attitudes or beliefs, which is consistent with federal law.
* This bill helps restore trust and cooperation between parents and schools by providing basic assurances for the statewide assessments and school psychologists in an open and transparent manner. - Pro-libertyHB 332Relative to school district policy regarding objectionable course material.
Why
This bill insures transparency when controversial materials are used in school.
* Insures that parents can review controversial materials on the school website two weeks prior to their use in the classroom.
* Encouraging open communication between schools and parents builds trust and cooperation.
* This bill also allows parents an opportunity to engage their children in conversations on sensitive issues. - Pro-libertyHB 336Relative to seasons for hunting by crossbow.
Why
This bill allows for crossbow seasons for various game animals and birds.
* Crossbow hunting is no less safe or effective than other forms of hunting.
* This bill makes current hunting law more consistent, by eliminating an arbitrary restriction on the use of crossbows for large game other than deer - Anti-libertyHB 343Requiring certain charitable nonprofit corporations to provide certain information relative to board members.
Why
The state should not mandate content on websites of private organizations.
* Forcing organizations to publish personal information of board members online raises real privacy and safety concerns.
* The information this bill seeks to publish is already available through the Secretary of State. - Anti-libertyHB 346Relative to criminal history records for school employees and volunteers.
Why
This bill goes too far in expanding background checks on school employees & volunteers.
* Expanding background checks from criminal offenses to any offense is recklessly broad. A person convicted of giving a haircut without a license will no longer be eligible to work in a school cafeteria or on a school bus.
- Anti-libertyHB 349Relative to state buffers for projects requiring wetland permits.
Why
This bill would further impose restrictions on other people's property.
* This bill creates buffer zones around every wetland in the state, taking private property with no compensation.
* The method of determining buffer size looks scientific, but it is actually subjective and open to interpretation.
* This process would create a larger, more complex bureaucracy within Department of Environmental Services, funded by fees on development. - Anti-libertyHB 365Prohibiting an employer from using credit history in employment decisions.
Why
This bill would limit employers' hiring practices.
* Government should not be interfering in or dictating businesses' hiring practices.
* This would increase the risks involved in hiring, making firms more reluctant to expand or create new jobs. Like many other well-intentioned measures this could result in detrimental effects on the people it seeks to help.
* This bill is attempting to address a perceived problem, not a real one. Only 13% of employers conduct credit checks on all applicants, while 47% do for certain jobs - typically for senior personnel in critical positions. - Anti-libertyHB 391-FNApplying the E911 surcharge to prepaid cellular telephones.
Why
This bill would increase taxes.
* The collection method in this bill is complex, inaccurate and imposes costs on businesses.
* Lower income residents disproportionately use prepaid cell phones (e.g. a poll by Opinion Research
* Corporation showed 65 percent of those who relied on just a prepaid cell phone had household incomes less than $35,000). This tax would be regressive, raising the costs of prepaid cell cards for the most financially vulnerable
* This tax is difficult to enforce. Many NH residents do not have a NH cell number. - Anti-libertyHB 392-FNEstablishing a state minimum wage and increasing it with inflation.
Why
This bill establishes a state minimum wage with automatic increases for inflation.
* This bill would increase wages automatically with inflation but it does not allow for reduction of wages due to deflation.
* This bill is similar to HB 684. Please see bullet points below. - Pro-libertyHB 403-FNRepealing the law relative to providing certain parameters for access to reproductive health care facilities.
Why
This bill restores freedom of speech on public ways or sidewalks.
* Freedom of speech should not be restricted on public land paid for by taxpayers.
* The current law is unconstitutional and will cost the state too much money in enforcement. - Pro-libertyHB 410Relative to the uniform anatomical gift act.
Why
This bill repeals the prohibition on the sale of organs for transplant.
* An average of 18 people die each day waiting for transplants that can't take place because of the shortage of donated organs (organdonor.gov)
* Humans own their bodies and should be allowed to make reasonable choices about what happens to them after they die.
* Allowing for the possibility of a financial incentive for donations that will occur after death will save lives. - Anti-libertyHB 413-FN-AEstablishing the governing board of polysomnographic technologists within the allied health professionals.
Why
This bill would expand occupational licensing.
* An "occupational license" is just that—government permission to work in a particular field. Gainful employment requires a worker to convince 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.
* Barriers like these make it harder for people to find jobs and build new businesses that create jobs. - Pro-libertyHB 426Relative to the prohibition on the use of mobile electronic devices while driving.
Why
This bill allows adults the freedom to choose responsible cell phone use while driving.
* Studies show that bans on use of handheld devices while driving have no effect on accident rates.
* Handheld phone bans will cause some drivers to hide their phone use, by placing the phone in their lap and taking their eyes off the road longer, which is far more dangerous.
* The current ban overreaches. It doesn't allow for using a phone while stopped in traffic or at a red light. - Anti-libertyHB 427Relative to the definition of the New Hampshire fire code.
Why
This bill implements an extensive list of burdensome new regulations.
* Such a long list of changes should be more thoroughly vetted to look for unintended consequences.
* This legislation is likely to cost taxpayers large sums of money in the near term and indefinitely into the future, both through added costs related to public infrastructure and in construction of private buildings. - Pro-libertyHB 439Relative to religious societies.
Why
This bill removes statutes that discriminate between religious denominations and allows increased charitable donations.
* Removes the antiquated power of incorporated churches to levy property taxes.
* Removes inequities between certain denominations and unincorporated churches in regard to donation limits, property ownership, and business practices. - Pro-libertyHB 445Defining poker as a game of skill.
Why
A game of skill should not be falsely defined as gambling simply to maintain a source of revenue for the state.
* Poker is demonstrably a game of skill, mathematical studies over millions of hands played online have established this beyond a reasonable doubt.
* It is currently a felony to organize a poker game & a misdemeanor to play poker in your own home.
* Poker is not a crime and should be treated just like other games of skill, just like bridge, euchre, etc. - Pro-libertyHB 446Relative to access to investigational drugs, biological products, and devices.
Why
This bill allows terminally ill people to have more options in their treatment.
* The FDA drug approval process often takes many years. This is time that terminal patients do not have.
* HB 446 is very limited in its scope. In order to be eligible, a patient must have a condition for which no FDA approved treatment is available, & the risk associated with the treatment must be less than the underlying condition.
* It is immoral and unjust for the state to stand between a terminal patient and a life saving treatment. - Anti-libertyHB 469Relative to highway surveillance.
Why
This bill goes too far by restricting the rights of private persons to photograph.
* This bill makes photography (and videography) a crime in certain common scenarios.
* This bill would make it a crime to use common geo-location features found on smart phones.
* The NHLA would support an amendment that would apply this bill to state agencies only, removing the reference to "nor any person". - Pro-libertyHB 470Relative to jury nullification.
Why
This bill directs courts to instruct juries on their right to nullification, and allows defendants to explain this right to the jury.
* This bill does not create any new power for juries, it simply provides mechanisms for them to be informed and educated on their longstanding rights to judge both fact and law in cases before them.
* Opposition to this bill stems from a misunderstanding of what jury nullification is.
* To nullify is to make legally null and void, it is a negative, a veto on an action taken by the government. There is no way that a jury exercising their right to nullify could result in a guilty verdict.
* Governments are not perfect, jury nullification is a well established check and balance on overzealous, corrupt, or imprudent legislatures, law enforcement, prosecutors, and courts. - Anti-libertyHB 490Prohibiting the retail sale of reloadable aerial shell fireworks.
Why
This bill restricts our freedom to enjoy firework displays featuring aerial shells.
* Irresponsible behavior of a few people does not justify depriving everyone of their liberty to use and enjoy all manner of fireworks.
* These items are available in Maine, which is where New Hampshire residents will have to go to get them. - Anti-libertyHB 548Establishing the federally-facilitated health exchange as the health exchange for New Hampshire.
Why
This bill expands federal government interference in what should be a private health care market serving the citizens of New Hampshire.
* Health care reform is a federal government takeover of health insurance that forces citizens to buy health insurance and manages health coverage decisions centrally via a federal bureaucracy.
* If New Hampshire adopts the federal exchange as a state exchange, the state will have accepted the unconstitutional terms of healthcare reform. - Anti-libertyHB 551-FNRelative to preventing diversion of business income to tax havens.
Why
This bill attempts to expand the reach of the business profits tax.
* This bill greatly complicates the tax code, increasing both governmental bureaucratic overhead, and business regulatory compliance cost.
* We should be working to make NH more business friendly, not less so. - Pro-libertyHB 578Relative to state board of education compliance with unfunded federal education mandates.
Why
This bill addresses unconstitutional state downshifting of costs to local districts.
* This bill affirms P1, Art. 28-a of the NH Constitution, which prohibits the state from downshifting costs onto school districts. This constitutional provision has been ignored for the most part by the state.
* This bill is a reminder to the legislature that it must either find funds to cover all the current federal and state mandates, or eliminate these mandates. - Pro-libertyHB 593-FNPermitting qualifying patients and registered caregivers to cultivate cannabis for therapeutic use.
Why
This bill allows for the ill to receive the medicine they need sooner.
* Despite passage of a medical marijuana law in 2013, patients suffering from debilitating illnesses are still committing a crime if they possess cannabis in N.H. Although it is hoped that a dispensary will open later this year, there is no guarantee that will happen, and in other states the process has been beset by delays. So far, states with "dispensary-only" laws have not been able to meet the needs of patients.
* This bill would allow patients to grow up to two mature plants until a dispensary opens near their residence. This would be a far more restrictive policy than the home cultivation provisions in Maine, Vermont, and Massachusetts, and it is the least New Hampshire can do for patients who can't afford to wait for dispensaries — or who will not be able to access them conveniently once they are open. - Anti-libertyHB 600-FNRelative to paid sick leave for employees.
Why
This bill forces businesses to pay sick leave compensation.
* The fiscal note exemplifies the huge financial impact this law would have on ALL businesses.
* When deciding which states to expand in or to, this legislation would count as a mark against NH.
* There are no federal legal requirements for paid sick leave. Connecticut is the only state to force employers to provide mandatory paid sick leave. - Pro-libertyHB 603Relative to student exemptions from assessments.
Why
This bill respects a parent's right to refuse state assessments for their child.
* This bill makes it clear that there is no penalty for students exempted by parents from statewide assessments. Neither the department of education nor the state board of education may impose any penalty upon districts with corresponding lower participation rates.
* Both amendments listed in the House calendar fail to address student privacy. Only the original bill prevents the public from obtaining student refusal forms under the Right to Know law.
* This bill is necessary to refute the Commissioner of Education's Technical Advisories which school districts are mistakenly using to trample parents' rights. - Pro-libertyHB 606-FN-LRelative to costs for public records filed electronically.
Why
This bill reduces fees for citizens and makes government more accessible.
* This will encourage people to ask for electronic copies of documents which will reduce government costs and lower fees to citizens.
* Government should be accessible to everyone, not just those who can pay the fees. - Pro-libertyHB 618-FNRelative to penalties for the possession of marijuana and relative to the cultivation of marijuana plants.
Why
This bill brings New Hampshire slightly closer to a responsible drug policy.
* The N.H. Constitution provides that "all penalties ought to be proportioned to the nature of the offense," but our state's penalties for marijuana possession are no longer supported by public opinion and they are far more severe than those found in other New England states.
* Currently, N.H. treats all marijuana possession as a crime punishable by up to a year in jail. This bill would reduce the penalty for possessing up to one-half ounce of marijuana to a violation bringing it more closely into line with the more sensible policies of our neighboring states.
* Vermont passed a similar law in 2013; it led to an 80% reduction in criminal marijuana cases the following year. With fewer possession cases, police and prosecutors are free to spend their time solving crimes where innocent people have been victimized.
* There is no evidence that reducing marijuana penalties has led to negative outcomes in the 19 states where it has been tried. This reform is long overdue in New Hampshire. - Anti-libertyHB 646-FN-LAllowing public bodies or agencies to charge for the costs of retrieval of public records under the right-to-know law.
Why
This bill discourages transparency by allowing higher fees for 91-A requests.
* This puts an unnecessary barrier between citizens and their government. Government should be open and accessible per Part 1 Article 8 of the NH Constitution. Public records belong to the people, and their access should not be restricted.
* Municipalities worried about the high cost of 91-A requests should innovate and make all public information available online without waiting for a request.
* This is a double tax on taxpayers. The officials are already compensated for their time, this bill would allow municipalities to profit from requests for information that should be free for everyone.
* There is no provisions in this bill for refunds if the records search happens to be quicker than anticipated. - Anti-libertyHB 650-FNRequiring background checks for commercial firearms sales.
Why
This bill makes all firearms transactions subject to criminal background checks via the national Instance Criminal Background Check System.
* Definition of "commercial sales" unclear in this bill. Federal firearms law already defines who may legally purchase, own and sell firearms.
* Removal of term "federally" from "federally-licensed firearm dealer" opens the door for future restrictions on licensing at local levels.
* This bill perpetuates the "gun show loophole" myth. - Pro-libertyHB 660-FNRelative to small farms and farmstands.
Why
This bill lessens the regulatory burden on small farmstands.
* Lowering barriers to entry would mean more people could afford to support themselves sustainably through small-scale farming and would result in higher availability of affordable, locally sourced food.
* This would allow citizens with a passion for local food production to venture into a business that would provide their communities with healthier and more unique options while requiring a much smaller initial capital investment.
* Increases local employment opportunities by not only lowering the cost of starting a small business but also lowering the cost of hiring employees - Pro-libertyHB 669-FN-LRequiring law enforcement agencies to report on the receipt of certain equipment & grants from the federal government and on the deployment of tactical teams.
Why
This bill will improve transparency about the militarization of police in NH.
* The public's right to transparency is recognized by Part 1 Article 8 of the NH constitution.
* Much of the data required by this bill is already readily available to law enforcement agencies. Reporting requirements are not arduous.
* The public has a right to know about the presence and use of military equipment in our cities. - Anti-libertyHB 673-FN-AEstablishing a sales and use tax.
Why
This bill would have the state take private property during every sales transaction.
* New Hampshire should be seeking to spur job growth by reducing the tax and regulatory burden on NH residents. This bill does the opposite.
* The "New Hampshire Advantage" exists because of our long tradition of fiscal restraint and low taxes. This bill is contrary to that tradition and would stifle our economy. - Anti-libertyHB 681-FN-AIncreasing the marriage license fees.
Why
This bill would make getting permission to be married more expensive.
* Unfairly penalizes peaceful people who choose to marry because the violent actions of others.
* It would be more appropriate for domestic violence perpetrators to fund prevention programs, not innocent couples.
* This is not a user-fee. Should car registration fees pay for road-rage therapy or a boat license pay for flood control? - Anti-libertyHB 683-FNRegulating cash for gold businesses.
Why
This bill imposes unneeded licensing requirements on buyers of precious metals.
* This is not just an imposition on cash for gold businesses. Many other small businesses such as consignment and coin shops trade in gold or silver as well.
* Cities and towns already have the ability to regulate businesses buying precious metals, if they so choose. - Anti-libertyHB 684-FNEstablishing a state minimum hourly rate.
Why
This bill establishes a state minimum wage.
* Employers and employees should be free to negotiate the terms of employment without interference.
* Minimum wage laws lower the number of entry-level jobs and make it harder for people of low skill to get their start in the workforce.
* Higher wages for everyone are better accomplished through job creation - more jobs means more competition to hire all workers.
* 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. - Pro-libertyHB 685-FNProhibiting a state agency, state employee, or political subdivision from enforcing any federal law regarding a firearm, firearm accessory, or ammunition.
Why
This bill prohibits the use of state and local resources to enforce future federal firearms legislation.
* This bill comports with article 7 of the NH constitution, the 10th amendment to the federal constitution, and the recent supreme court case Printz v. US, when it ruled: "the federal government may neither issue directives requiring the States to address particular problems, nor command the states' officers, or those of their political subdivisions, to administer or enforce a federal regulatory program".
* It is not appropriate to use NH law enforcement and NH taxpayer dollars to enforce federal gun laws. NH law enforcement resources should focus on NH state law.
* The state of NH should not participate in any future federal abridgments of NH residents' inherent right to self defense.
Thursday, March 5, 2015 · Senate · 6 positions
- Pro-libertySB 1Reducing the rate of the business profits tax.
Why
These bills protect the property rights of business owners by reducing taxes.
* NH's ability to attract new businesses and retain existing businesses is vital to the health of our economy. Low unemployment benefits everyone.
* High business tax rates impede NH's ability to attract and retain businesses.
* When profits are not heavily taxed they can be re-invested to hire more staff, create more robust R&D, or invested in capital equipment.
* Enterprise taxes are a tax on compensation. Lowering these taxes directly enables businesses to increase compensation to employees. - Anti-libertySB 118-FNRelative to registration for the Selective Service System.
Why
This bill compels young men to register for federal selective service in order to obtain a driver's license.
* Young men are already given the opportunity to register with the selective service when they apply for a driver's license, if they choose.
* Young men may, for reasons of conscience, decline to sign up for Selective Service. To prohibit these individuals from driving, merely because they have followed their conscience and exercised their right to dissent, is both tyrannical and immoral.
* Selective service imposes a specific requirement upon men based solely on their sex, which is a violation of part one article two of the New Hampshire constitution. While the base problem is one of federal law, this bill would violate the NH constitution by inappropriately making NH departments enforcers of this unequal federal imposition. - Anti-libertySB 125-FNRelative to certification & licensure for mold assessment or remediation.
Why
This bill creates yet another hurdle for business owners.
* Requiring a license to remove mold doesn't guarantee the licensee will do a good job.
* Licensing often creates the untended consequence of creating more of the behavior it ostensibly intends to remedy, in this case amateur work. Hiring a certified and licensed professional becomes more expensive and more homeowners will attempt to do the work themselves to save money.
* Licensing would reduce a homeowners options for mold removal services while increasing expense. - Anti-libertySB 199Including prepaid communications services as taxable under the communications services tax.
Why
This bill creates a new regressive tax for prepaid cell phone users.
* NH should be seeking to reduce the tax burden on NH residents, not increase it.
* Lower income residents disproportionately use prepaid cell phones (e.g. a poll by Opinion Research Corporation showed 65 percent of those who relied on just a prepaid cell phone had household incomes less than $35,000). This tax would be regressive, raising the costs of prepaid cell cards for the most financially vulnerable. - Pro-libertySB 2Reducing the rate of the business enterprise tax.
Why
These bills protect the property rights of business owners by reducing taxes.
* NH's ability to attract new businesses and retain existing businesses is vital to the health of our economy. Low unemployment benefits everyone.
* High business tax rates impede NH's ability to attract and retain businesses.
* When profits are not heavily taxed they can be re-invested to hire more staff, create more robust R&D, or invested in capital equipment.
* Enterprise taxes are a tax on compensation. Lowering these taxes directly enables businesses to increase compensation to employees. - Anti-libertySB 228-FNRelative to the maximum total education grant, adjustment of stabilization grants, and adequate education funding for full-day kindergarten pupils.
Why
This bill would require the state to fund non-compulsory attendance.
* Although it is reasonable and appropriate to reduce the stabilization funding given to districts with fewer students in the Free & Reduced Lunch program, the other part of the bill would fund full-day kindergarten.
* Compulsory attendance begins at age 6 by Sept. 30th of that school year, so the state should not pay for full-time school for a year that is optional.
* This bill would increase state education expenses by $2M in 2016 and by $25M in 2017, plus an indeterminate amount for public charter schools offering full-day kindergarten.
Wednesday, March 4, 2015 · House · 15 positions
- Pro-libertyCACR 1Providing that a 3/5 vote is required to impose new or increased taxes or fees.
Why
This bill protects taxpayers by requiring a 3/5 vote to impose new or increased taxes.
* This amendment reduces the risk that taxes will be raised for frivolous, transitory reasons, and helps ensure bipartisan support for any tax increase.
* 16 states already require a supermajority to raise taxes
* This amendment codifies New Hampshire's long tradition of being fiscally responsible. - Anti-libertyHB 136Prohibiting tanning facilities from tanning persons under 18 years of age.
Why
This bill infringes on the rights and responsibilities of parents to make decisions about the well being of their children.
* Some teens need photo-light therapy, which they can currently get at a tanning salon. If this is banned, they would have to use a dermatologist's office, who would charge much more than the neighborhood tanning salon.
* It's not possible or appropriate for the government to mandate every aspect of responsible parenting.
* If this bill passes:
* A teenager who is seventeen could join the military (with parental consent) but would be banned from getting a tan. It would be possible to get a tan while deployed in Iraq but not at the tanning salon.
* A teenaged woman could get an abortion without parental consent but would be banned from tanning.
* A parent would be deprived of the opportunity to use good judgement & prohibit a child from tanning. - Pro-libertyHB 203Relative to the unauthorized practice of law.
Why
This bill allows trusts and property owners greater control in choosing their representation in a court of law.
* If they so choose, trusts and owners have a right to be represented by an unlicensed individual, who may have intimate knowledge about the issues at hand.
* This law merely makes existing statute more consistent, by extending to trusts and property owners the same rights that are already granted to businesses. - Pro-libertyHB 206Relative to non-academic surveys or questionnaires given to students.
Why
This bill requires notification of a parent and respects their right to opt out.
* Requiring districts have an opt out policy is respectful of parental rights.
* Children should not be subjected to surveys that pry into non-academic, non-school related matter for the purpose of data gathering without parental notification.
* Too many non-academic surveys and questionnaires are being given to students without parental notification.
* Requiring districts to make surveys and questionnaires available to parents prior to distribution to students is consistent with federal law. - Pro-libertyHB 228Relative to showing or specially marking a ballot.
Why
This bill removes an unconstitutional statute that violates the first amendment.
* This bill repeals the entire section pertaining to showing a ballot (RSA 659:35) and references to other statutes regarding signage at the polling place, and is therefore more comprehensive than HB 404.
* The legislature doesn't need to wait for judicial action before rectifying an unconstitutional statute.
* There is no evidence to show that a problem exists in New Hampshire with citizens being coerced into showing their ballot. If someone attempts such a crime other statutes would be sufficient to prosecute. - Pro-libertyHB 302Requiring a public hearing prior to submission of grant applications by the DOE.
Why
This bill provides needed transparency and public feedback.
* There are no checks and balances prior to the submission of a federal grant application, only afterwards in terms of fiscal accountability. Open government requires transparency.
* These grant applications make multiple year commitments with the federal government, potentially restricting local control of school districts.
* There is no time to delay on this bill: the upcoming No Child Left Behind Waiver is a four year commitment starting in June 2015, not a two year commitment like the last NCLB Wavier, which introduced many controversial reforms without any transparency. - Pro-libertyHB 315Relative to termination of tenancy.
Why
This bill protects a landlord's property rights.
* Under current law, a landlord cannot seek eviction even if a tenant has pets or additional persons on the property, in direct violation of the lease or rental agreement. This is a clear violation of the landlord's property rights.
* Good renters and tenants end up paying more to cover the costs incurred by bad renters and tenants. Better recognizing the rights of landlords to manage their own property leads to lower rental costs and overall cost of living. - Pro-libertyHB 404Relative to showing a ballot.
Why
This bill removes an unconstitutional statute that violates the first amendment.
* The legislature doesn't need to wait for judicial action before rectifying an unconstitutional statute.
* There is no evidence to show that a problem exists in New Hampshire with citizens being coerced into showing their ballot. If someone attempts such a crime other statutes would be sufficient to prosecute.
* This bill creates a maximum penalty for unlawfully showing a ballot to be no more than ten dollars. - Anti-libertyHB 409Banning corn-based ethanol as an additive to gasoline in New Hampshire.
Why
This bill infringes on fuel producers and consumers' right to choose use ethanol.
* This bill creates a new prohibition on an entirely legal and ethical product.
* This bill will harm the related businesses which manufacture and sell ethanol blended gasoline including many small and family-owned gas stations.
* The bill discriminatorily only bans corn-based products, not all ethanol additives. Banning manufacture & sale of only corn-based ethanol creates an artificial preference for ethanol produced from other sources.
* 0% corn ethanol gasoline is not widely consumed in New England. Passage of HB409 would cause a significant increase in fuel costs for NH consumers. - Pro-libertyHB 463Relative to state agency communications.
Why
This bill improves oversight of state administrative agencies.
* The legislative budge assistant needs the necessary information to conduct performance and fiscal audits.
* Administrative agencies' refusal to provide the legislative budget assistant with needed documents makes effective oversight difficult or impossible. HB 463 helps correct this problem.
* HB463/A does not require disclosure of HIPAA protected information, or other individually identifiable medical information. - Pro-libertyHB 476Amending the definition of "qualifying medical condition" in the therapeutic cannabis law.
Why
This bill recognizes the right of patients with certain serious illnesses to obtain the medicine they need.
* This bill will help patients who are suffering get treatment and relief.
* Bureaucrats and politicians should not get between patients and doctors in determining courses of treatment.
* Natural cannabis has demonstrable medical benefits as a treatment to certain symptoms and diseases, that no other drug (including synthetics) can match. - Pro-libertyHB 543Repealing the electric renewable portfolio standard.
Why
This bill removes unfair mandates on how electricity must be produced.
* Electricity costs are already very high in NH. Current law exacerbates this problem by mandating that electricity be produced using expensive energy sources.
* HB 543 recognizes the property rights of energy producers and consumers. - Anti-libertyHB 638Reestablishing the catastrophic illness program & appropriating funds.
Why
This bill resurrects an inefficient redistributive program.
* The department of HHS asserts that the reinstitution of this program would imply hiring an additional administrator at a cost of $75,000 per year.
* The last two years the catastrophic illness program operated, it expended only $107-122K per year, implying a very wasteful ratio of disbursements to overhead. - Pro-libertyHB 665Relative to nomination papers.
Why
This bill reduces the nomination requirement to 1/10th of 1% or about 600 signatures.
* Protects the rights of minor party and independent candidates by allowing them an easier path to the ballot.
* Potentially gives voters more choice on election day
* Protects freedom of association by allowing candidates to run under the label they choose, instead of feeling forced to run as a candidate of a major party - Pro-libertyHB 689Relative to adoption of a default budget.
Why
This bill allows local voters greater control over town and school budgets.
* Current law allows voters in SB2 jurisdictions to vote only on the proposed budget. If the proposed budget is voted down, the default budget takes effect. Problematically, however, the default budget is often very similar to the proposed budget, effectively taking the decision making power out of the hands of the voters.
* HB689 addresses this problem by allowing a 3/5 majority of voters in SB2 jurisdictions to choose to allow votes on the default budget as well as the proposed budget. If both fail, a town meeting would be held to choose the budget.
* Voters should have the power to choose the budget -- budgets should not be pre-determined by administrators or committee members.
Thursday, February 19, 2015 · Senate · 1 position
- Anti-libertySB 204Relative to repealing the education tax credit program.
Why
This bill would repeal the successful K-12 scholarship program.
* The NH Supreme Court ruled in Aug 2014 that the plaintiffs had no standing, thereby allowing the program to continue.
* Voluntary private donations to 501c3 organizations are not state monies and not a form of government spending, therefore the program is not in conflict with the Blaine Amendment.
* Similar tax-credit scholarship programs have been deemed Constitutional by their home states and by the US Supreme Court.
Wednesday, February 18, 2015 · House · 6 positions
- Pro-libertyHB 208Relative to allowance sales under the RGGI program.
Why
This bill as amended no longer repeals RGGI, instead it returns proceeds to ratepayers.
* By rebating all net proceeds to ratepayers, this bill eliminates a program that stealthily taxes all electricity consumers.
* Money raised through RGGI was originally slated to support energy efficiency programs. Millions of dollars collected from the program were instead misappropriated into the general fund in 2010.
* If funding is needed to supplement core energy reduction programs, Public Utilities Commission can authorize regulated electric utilities to increase System Benefit Charge (paid by rate payers), without State government being the middleman. - Anti-libertyHB 215Relative to school building aid grant payments.
Why
This bill would mandate 50 million dollars per year in state spending on school buildings.
* RSA 198:15-a, IV allows for up to 50 million dollars of school building aid grants. By changing that to require that at least 50 million be granted every year, excess spending & higher taxes would result.
* School enrollments have been falling year after year, and yet school budgets continue to increase. This unchecked spending increases already high property taxes, and further burdens the NH economy. Schools should be more, not less accountable, to reign in spending.
* With state building aid, local districts will fund more extravagant schools than they would if they had to pay the full cost themselves. - Anti-libertyHB 241Prohibiting driving while holding an animal in the driver's seat.
Why
This bill would further erode personal responsibility trying to micromanage bad behavior.
* This bill is unnecessary, there are already laws on the books that address reckless driving (RSA 265:79), and negligent driving (265:79-b).
* It is not possible nor appropriate to legislate common sense, by specifically prohibiting every possible cause of distraction. Should we next ban eating, talking, or applying makeup while driving?
* Bad drivers should be prosecuted for their demonstrated reckless or negligent behavior, not for something that has the mere potential to cause harmful behavior.
* This bill is also flawed in that it would be unenforceable (would police be able to see if you have a cat or small dog on your lap in the car?), and also because it does not address the perceived problem (It does not prohibit you from driving with a cat on your head, for example, only on your lap). - Pro-libertyHB 387Relative to motor vehicle inspections.
Why
This bill would unburden NH citizens of unnecessary annual automobile expenses.
* 33 states, including states with much harsher winters than NH (e.g Michigan, Wisconsin, North Dakota, and Minnesota), do not require any periodic safety inspections. Another six states require only biennial inspections.
* According to the Department of Transportation, only 1.2% of accidents are caused by a problem with the vehicle itself, leading to loss of control. The same study found that in only 6.8% of accidents was vehicle condition a factor at all, of which almost all were cases of tire/wheel damage (e.g. vehicle runs over a nail). Most accidents are caused by driver error or negligence.
* Yearly inspections are a special hardship on those with older vehicles and lower incomes, who often need the vehicle in order to get to work. Vehicles often fail for causes that have no material impact on safety. Biennial inspections will save these vehicle owners money they desperately need, and cost the state nothing. - Pro-libertyHB 407Prohibiting the state, cities, & towns from acquiring military-equipped vehicles.
Why
This bill would stop the militarization of our police forces in New Hampshire.
* Under the USDLA 1033 program, NH counties, cities, and towns have received over six million dollars worth of military grade rifles, armored trucks and personnel carriers, a grenade launcher, and more. In many cases, these acquisitions have been made over the objections of local voters.
* The use of military forces domestically is prohibited, however, since 2001 the line separating the military from the police has become increasingly blurred. The spirit of Posse Comitatus is undermined when police (many of whom are veterans with recent combat experience overseas) are provided with many of the same types of weapons and vehicles at home that were used in the invasion and occupation of Iraq or Afghanistan.
* Police should be peace officers, primarily tasked with de-escalating situations, and protecting life. Militarization can create a dangerous change in police mentality, which can come to view citizens as enemies to confront with overwhelming force.
* Tools shape our thinking. When military hardware is readily available a tendency exists to think of ways to use it. For someone with a hammer, everything looks like a nail. - Anti-libertyHB 686Establishing a single payer health care system.
Why
This bill would enforce a government-run monopoly on healthcare.
* Vermont recently abandoned a similar big government program, with its principal proponent, Governor Shumlin, admitting that the required tax hike would be "in a word, enormous" and that "the risk of economic shock is too high at this time to offer a plan I can responsibly support". This bill includes no mechanism to pay for the enormous cost of government-run healthcare.
* Central planning of healthcare does not work, any more than central planning of consumer goods, housing, or labor. Command economies lead, predictably, to waste, abuse, and stagnation.
* People's right to make their own choices about their healthcare, and finances, should be respected. This bill not only compels funding, but prohibits healthcare alternatives (404-J:8).
Thursday, February 12, 2015 · Senate · 8 positions
- Anti-libertyCACR 3Providing that the legislature define standards & funding for public education.
Why
This amendment eliminates local control of education to resolve Claremont decision(s).
* This bill would enshrine in the NH Constitution the concept that the state is responsible for all aspects of education, eliminating local control and innovation.
* Centralizing decision-making in Concord makes it more difficult for parents to exercise their right to direct the education of their children.
* Parents can't afford to spend years changing state law when they experience a significant problem with their local school. They need immediate local decision making through their locally elected representatives.
* Use of the term "reasonable" in the amendment invites additional lawsuits.
* Giving the general court an enumerated power of "full... authority to determine the... methods of raising... funding" puts all options on the table. - Pro-libertySB 101Prohibiting the state from requiring implementation of common core standards.
Why
This bill clarifies that districts are not required to adopt Common Core standards.
* This bill protects local control of education by clarifying that adoption of common core standards are at the discretion of local districts, and not mandated by the state.
* Common Core standards employ controversial metrics for measuring educational "competencies".
* The sponsor's amendment is consistent with legislative intent of previous education bills to keep "competency-based education" from "state approval standards" (SB 192 in 2011 and SB 82 in 2013).
* Amendment restores academics as focus of public education, not student "dispositions," by defining "competencies" in terms of academic mastery, not values, attitudes and beliefs under Common Core aligned "competency-based education". - Anti-libertySB 106Restricting the sale or possession of synthetic drugs.
Why
This bill is an attempt to remedy a problem created by drug prohibition
* The legislature should address the failure the 'war on drugs' by decriminalizing marijuana before it adds new prohibitions to ban dangerous alternatives.
* In many cases, legal replacements to illegal drugs are far more dangerous than the original substances, like "Spice" invented to circumvent prohibitionist policies on marijuana.
* All manner of potentially dangerous and even lethal products are legal to sell and possess in New Hampshire. It is not possible to prohibit all substances which can be misused (including glues, many solvents, and aerosols).
* In a free society, individuals should not be punished for peaceful activities which harm only themselves. Individuals should take responsibility for their own choices, good or bad. - Pro-libertySB 116Repealing the license requirement for carrying a concealed pistol or revolver.
Why
This bill allows people to possess tools of defense without permission or notice.
* A requirement to have a license to carry a concealed firearm is an infringement on an individual's right to self-defense. This bill allows law-abiding citizens to carry protection wherever they go.
* Other states that have enacted constitutional carry have seen either no statistically significant change in violent crime, or a slight downward trend.
* This bill eliminates unnecessary and abstruse definitions of "open" versus "concealed" carry, which are difficult to interpret, have led to several lawsuits, and unfairly criminalize law abiding citizens.
* This bill removes the ambiguity of a "suitable person" to make it consistent with federal law. - Anti-libertySB 15Requiring companion animals to be leashed in the presence of a service dog.
Why
This bill micromanages pet owners with unneeded regulation.
* Some dogs are well trained or small enough to hold and don't need to be on a leash Specifying that they must be leashed in the presence of a service animal is unnecessary.
* In environments where companion animals may be unleashed, such as on hiking trails, it may not be practical for an owner to immediately recall and leash his/her animal the moment a service animal comes into view. "Failure" to immediately recall and leash an animal should not be grounds for criminal prosecution. - Anti-libertySB 196-FN-A-LAppropriating funds to the Dept. of Environmental Services.
Why
This bill appropriates funds to the DOE and is unnecessary, wasteful, and unfair.
* SB196 unfairly redistributes money from rural communities to those with extensive public water systems.
* This bill significantly increases state spending at a time when the state should be reducing expenditures and tax burdens on citizens and businesses - Pro-libertySB 81Relative to the powers of the state board of education.
Why
This bill removes the direct authority of the state board of education over public schools.
* Schools are best governed by the communities they serve. This change empowers local governance of public schools.
* This bill addresses clear instances when the state BOE overstepped its statutory authority.
* This bill limits the state board of education rule-making to those "necessary for the proper interpretation of laws enacted by the General Court."
* Restores the balance between state Board of Education and local districts with duly elected representatives closest to citizens. - Pro-libertySB 82Relative to the authority of the commissioner of the Department of Education.
Why
This bill removes the direct authority of the state commissioner of education over public schools.
* This bill prohibits the commissioner from assuming any "managerial or supervisory" role with district administrators (superintendents, principals & curriculum specialists).
* Instead the commissioner will have to persuade parents and elected school boards to choose to adopt policies, rather than dictating them.
* Non transparent, closed door meetings of the state commissioner (or her agents) with district administrators undermines the people's right to control of their local schools as guaranteed under Article 6, Part 1 of the NH Constitution.
Wednesday, February 11, 2015 · House · 4 positions
- Pro-libertyHB 246Relative to jury nullification.
Why
This bill makes it an act of maladministration for a judge to deny or limit the right of the defense in
criminal cases to fully inform the jury.* The US Supreme Court ruled in 1895 that jurors "have the right to decide...all questions, whether of law or of fact", and RSA 519:23-a, states the court shall permit the defense to inform the jury of its right to judge the facts and the application of the law in relation to the facts in controversy.
* This bill will hold judges accountable for denying jurors information necessary to carrying out their duties, which are an essential element of 'due process'. The Wentworth instruction alone (which suggests to jurors they have an option to acquit) is insufficient to inform jurors of their rights. - Pro-libertyHB 269Allowing a landlord to collect first & last month’s rent, plus a security deposit.
Why
This bill allows landlords to propose rental terms appropriate for their property.
* The bill makes the collection of first, last, and security permissive, NOT required, supporting the right to set mutually agreed upon terms in a private contract.
* This bill will help renters with bad credit and perhaps questionable references. A landlord might only allow such a potential tenant to rent with the additional months rent but reject him/her without it.
* Landlords would be able to keep rents lower if they can contain the losses from delinquent tenants.
* 41 out of 50 states allow security deposits of at least 2 months rent. - Anti-libertyHB 492Relative to military and historic re-enactments and commemorations.
Why
This bill expands special privileges granted to government employees to veterans.
* <b>YEA on floor amendment to HB492, repealing RSA 644:13</b>
* Veterans and military re-enactors should be allowed to discharge firearms for commemorative events and celebrations, however they should not be given special exemptions from the law to do so.
* Floor amendment to repeal RSA 644:13 would allow all citizens to commemorate and celebrate holidays, funerals, etc. with the discharge of firearms without special permission from the police. - Anti-libertyHB 597Relative to penalties for indecent exposure and lewdness.
Why
This bill would criminalize behavior in normal everyday social situations.
* Infants are not excluded in this bill which defines a victim only as a "child who is less than the age of 16." A parent bathing with their infant or changing clothes in the infant’s presence could become perpetrators of a class B felony.
* This bill defines the potential perpetrator simply as "person" without regard to age. This means other children could become perpetrators in some situations such as the high school shower or other public locker room, and young siblings bathing together would be both perpetrators and victims.
* Current statute qualifies the violation of “exposure of his or her genitals” by requiring "circumstances which he or she should know will likely cause affront or alarm." This new felony has no such qualification and could lead to unreasonable prosecutions.
* RSA 645:1-II(b) Makes it a felony to send lewd images to a child under sixteen. This statute targets specific behavior that is almost always sexual or even predatory. The committee hopes this bill will create consistency with this statute but does not anticipate the innocent behavior that could become felonious if this bill were to pass.
Wednesday, January 7, 2015 · House · 3 positions
- Anti-libertyHOUSE RULEDoubling the number of seconds required for a successful roll call motion.
Why
This rule change reduces transparency and accountability of government.
* It has been practice and precedent of the house to require no more than ten members to second a roll call motion since the Constitution was amended, adding a seconding requirement, in 1966.
* Voters should be able to know how they are being represented. Accountability of state government to its constituents is better served through roll call votes.
* Thousand dollar estimates of the cost of each roll call vote are exaggerated and originate from a time when house clerks were tasked with typing copies of the house journal. A more modern estimate would be a fraction of that cost. - Pro-libertyHOUSE RULEAllowing discreet possession of weapons in Representatives Hall & Gallery.
Why
This proposed rule change restores the traditional policy regarding weapons.
* The current rule violates the New Hampshire Constitution, Part I Article 2-a: "All persons have the right to keep and bear arms in defense of themselves, their families, their property and the state."
* It has been longstanding practice of the House to allow weapons, which are not restricted anywhere else in the State House or Legislative Office Building.
* As with gun control policies in general, only law abiding citizens would disarm. Those members of the public with violent intent will not hesitate to bring a weapon due to a concern for breaking a rule.
* An assembly is not safer because it is unarmed. Instead, it becomes a target. - Pro-libertyHOUSE RULECreating a Government Oversight and Audit Committee.
Why
This rule change would create a means for citizens to redress their grievances.
* The New Hampshire Constitution creates the responsibility for the legislature to hear petitions for redress of grievances (Bill of Rights, Articles 31 and 32).
* The Constitution further styles the House of Representatives as the "Grand Inquest of the State" (Part II, Article 17), conferring upon it the duty of identifying and rectifying abuse of the citizens by the government.
* This amendment to the rules would create a standing committee of the House to carry out these functions, and exercise the constitutional power of the House of Representatives to compel appearance by the members of government in question.