Thursday, June 16, 2016 · House
NHLA’s recommendations for this session are published.
Wednesday, June 1, 2016 · House · 19 positions
- Anti-libertyHB 1193relative to the wellness and primary prevention council and relative to certification of school nurses.Oppose C of C
Why
This bill adds new certification requirements for school nurses.
* Current law already requires that a school nurse be a registered professional nurse currently licensed in New Hampshire. As amended by the committee, this bill dramatically expands the certification requirements for school nurses which will increase cost and deny employment to qualified nurses.
* The broad expansion in certification requirements are not appropriate for Committee of Conference changes as insufficient review has been provided to ensure that the changes are responsible. These change will drive a shortage in school nurses by creating artificial barriers to entry for qualified medical professionals putting our children at risk while simultaneously driving up costs. - Pro-libertyHB 1227repealing provisions of law regulating Sunday business activities and relative to the consumption of liquor at sports complexes.Support C of C
Why
This bill removes an unnecessary prohibition on Sunday business activities
• This bill repeals outdated laws prohibiting or regulating Sunday business activities and removes differing Sunday hours for bingo and games of chance.
• Existing laws banning business activities on Sundays are regularly and widely ignored, and do not align with common practices in the state. - Pro-libertyHB 1301relative to the issuance of youth employment certificates.Support C of C
Why
This bill respects a parent's right to determine the satisfactory level of academic
performance required for a youth certificate of employment.* Current NH law puts an unfair hurdle in place for all non-public school students seeking employment by forcing public school superintendents and principals into a role of responsibility for students they do not know.
• According to a Harvard Graduate School of education report (http://nrs.harvard.edu/urn-3:HUL.InstRepos:4740480), teens who have good high school work experiences are more likely to be inspired to stay in school, graduate, and adopt ambitious goals.
• Existing law grants public school principals or superintendents the exclusive right to approve work certificates. Parents, however, better understand the full set of challenges that the student faces outside of the school.
• Current law effectively requires homeschoolers, charter school students or students attending private schools to seek permission from the local public school's principal/superintendent who has no connection to the student's school work and performance. - Anti-libertyHB 1339relative to the corporate governance annual disclosure act and relative to compensation of ski area employees.Oppose C of C
Why
This bill increases the regulatory burden on business and carves out an exclusion to pay practice laws for a single industry segment.
* This bill requires annual reporting of an insurer or insurance groups corporate governance structure, policies and practices to permit the commissioner to gain and maintain an understanding of the insurers corporate governance framework.
• This bill increases overhead and burden on insurance companies which will invariably be passed on to consumers through higher insurance rates.
• This bill also carves out a special exception to existing law requiring that employees be paid for at least 2 hours of work for ski and snowboard instructional. Special case exclusions in the law are an indication that the law itself is flawed as it is unlikely that the legislature can be aware of all of the special conditions facing each employer. Piecewise exclusions only serve to reduce the size of the constituency fighting the improper law without addressing the problems inherent in the law itself. - Pro-libertyHB 1584-FNrelative to body-worn cameras for law enforcement officers.Support C of C
Why
This bill regulates the usage of Body-Worn Cameras by law enforcement.
• The use of BWCs as outlined in this bill will be a benefit to public safety, foster better interactions between police and members of the public, protect members of law enforcement, promote accountability and assist in investigations.
• BWCs protect both police and the citizens they interact with by providing objective evidence of encounters.
• Mandatory disclosure requirements protect civil rights and likely contribute to better behavior by all parties reducing the utilization of force.
• A 12 month study on the use of BWCs in Rialto, CA found use-of-force by officers wearing cameras fell by 59 percent and complaints against officers dropped by 87 percent compared to the previous year's totals. - Anti-libertyHB 1590-FN-A-Lrelative of taxation of short-term rentalsOppose C of C
Why
This bill expands state taxes and regulations.
• There is no minimum income threshold in this bill. This bill would require a homeowner who lets out a room for even a night or two to register as a "hotel operator", and display a "rooms and meals" tax ID.
• The emerging sharing economy has been a benefit to NH residents, and should be encouraged, not crushed by the state.
• If homeowners are required to register with the government in order to simply let a room for a day or two, many will give up on the idea entirely. This is often the effect of government mandates on informal trade, and on nascent businesses. - Pro-libertyHB 1637-FNrelative to school attendance in towns with no public schools. The Senate acceded to the House bill as we amended it.Support C of C
Why
This bill allows students to be assigned to a public or private school if there is no public school for the child's grade in the child's resident district.
• Allows access to private schools for children in towns with no school building.
• Moves the education system in the direction of the free market by allowing both public and private schools to compete for the students.
* This bill would help 15 small districts across the state, not just Croydon. There are many more that would benefit from these options given declining student enrollment.
* The amendment is consistent with several NH Supreme Court opinions as well as existing state statute and the NH Constitution. - Pro-libertyHB 1656-FNrelative to exceptions to the real estate transfer tax.Support C of C
Why
This bill establishes exceptions from the real estate transfer tax for certain transfers of title related to changes in form of organization or made between the owners and the entity for no consideration.
• Eliminates a double tax on property owners transferring their property to themselves.
• Taxation of 'paper' real-estate transfers for which no true transfer is taking place improperly penalizes property owners who have non-material changes in organizational structure. This bill would prevent application of the real-estate transfer tax in cases where no true transfer is performed. - Pro-libertyHB 1660-FN-Lrelative to appraisals of residential property, a residential owner option in a partial taking, and relocation, temporary housing, and legal expenses in eminent domain proceedings for gas pipelines; relative to intervention by the site evaluation committee in such proceedings; and relative to expenditures from the energy efficiency fund.Support C of C
Why
This bill helps protect property rights from eminent domain abuse.
• Owners of residential properties being taken may require the taking of the entire property if so they will not be forced to live with the project being developed.
• This bill equalizes eminent domain with regard to gas pipelines as it relates to other utilities.
• It allows the owner of the property to select their own appraiser and have the costs of the appraisal paid for by the pipeline company. - Pro-libertyHB 605relative to mandatory minimum sentences.Support C of C
Why
This bill repeals mandatory minimum sentencing for specific crimes.
• Mandatory minimums remove discretion from the courts, often forcing judges to impose sentences far longer than are appropriate for the situation and the crime. Restoring discretion enables the Judiciary to perform its constitutional role.
• Reducing use of excessively long minimum sentences will help slow the growth of prison populations. - Pro-libertyHB 606-FN-LOCALrelative to costs for public records filed electronically.Support C of C
Why
This bill reduces fees for NH residents and makes government more accessible.
• This bill will encourage people to ask for electronic delivery of documents, reducing the costs of handling paperwork.
• Government should be accessible to everyone, not just those who can pay the fees. - Pro-libertySB 239relative to application of the Internal Revenue Code to provisions of the business profits tax.Support C of C
Why
This bill better aligns NH capital expense deductions with federal provisions.
• NH currently allows only up to $25K in deductions for capital expenses in the first year. This bill increases the state limit to more closely align with IRS rules simplifying compliance costs.
• At least 37 other states already allow deductions over $100K, and 33 allow deductions up to $500K (http://taxfoundation.org/).
• While the long term impact of this bill is largely revenue neutral, allowing business to more fully deduct capital expenses in the year they are made increases the probability of capital investment and growth in NH.
• NH legislators should work to make NH business friendly, rather than driving them away with excessive taxes. - Pro-libertySB 320relative to non-academic surveys administered by a public school to its students.Support C of C
Why
This bill protects the privacy of students and families.
• This compromise legislation requires parental consent for all non-academic surveys, except the youth risk behavior survey developed by the Centers for Disease Control and Prevention.
• The fact that some students may benefit from social programs does not justify ignoring privacy concerns and parents' right to direct their under-age children's education.
• There is a demonstrated need for this bill. Evidence was provided at the public hearing, showing that some existing surveys are neither anonymous nor optional. - Pro-libertySB 324eliminating the land use board and requiring approval of federal land acquisitions by the governor and executive council.Support C of C
Why
This bill updates a neglected state law, RSA 121 which provides oversight and
regulation of certain federal land acquisitions.• RSA 121 has been neglected for decades, ignoring the will of the General Court.
• This bill replaces obsolete language, assigning authority to the appropriate modern agency.
• The original law, and this update, place reasonable limits on certain federal land acquisitions. This is wise policy, as evidenced by the many problems now facing many western states.
• Although limits are set, under this bill, if the voters of a municipality wish to cede more of their landmass to the federal government, they can vote to do so. - Pro-libertySB 342-FNrelative to the sale or exchange of an interest in a business organization under the business profits tax.Support C of C
Why
This bill changes NH law to prevent taxing business on phantom gains caused
by exchange of assets that are not owned by the business.• Current NH law can be interpreted as imposing a business profits tax on LLCs or partnerships that have received no gain when one of the partners leaves and transfers ownership to another entity. We are the only state that does this.
• This means that current law unfairly discriminates between LLCs and corporations, and discourages small NH start-ups. - Pro-libertySB 391relative to annulment of certain misdemeanor offenses and relative to the annulment of offenses occurring between May 14, 2014 and July 1, 2015.Support C of C
Why
This bill reduces the waiting period for annulment of the record of arrest/ conviction for simple marijuana possession from 3 years to 2 years.
• This reduces the harm of our existing law by allowing a citizen who has harmed no-one to more quickly turn their life around and return to meaningful employment.
• The change retains the requirement of a decision by a judge allowing the facts of the case to be considered before an annulment is granted. - Pro-libertySB 498-FNrelative to penalties for possession of certain controlled drugs.Support C of C
Why
This bill as amended would reduce possession of a small amount of marijuana to an unspecified misdemeanor subject to a fine of $350.
• This is a very small step in the right direction of recognizing that NH's current laws are not inline with the vast majority of NH residents who favor decriminalization of marijuana. A UNH/ WMUR poll released in July 2015 indicated that 72% of Granite Staters support decriminalizing marijuana. This bill as takes an incremental step toward reducing collateral damage done to people who use or experiment with marijuana by making first time possession charge a violation.
• While the bill is a small improvement over current law and thus should be supported the legislature should do far more to reform or eliminate laws governing the private acts of citizens. - Pro-libertySB 522-FN-Amaking an appropriation to the office of professional licensure and certification for technology upgrades for the controlled drug prescription health and safety program, and relative to forfeiture of propertySupport C of C
Why
This bill protects the rights of NH residents to due process.
• Civil asset forfeiture involves the taking of property from a person who has not been convicted, or often even charged, with a crime. This bill corrects the injustices in current law, and protects due process, by requiring a criminal conviction prior to forfeiture of assets, and clear and convincing evidence on the part of the state.
• This bill ensures that property is returned to innocent property owners in a timely manner, and that they have recourse when it is not.
• This bill greatly reduces perverse incentives and appearances of impropriety by providing that proceeds from asset forfeiture no longer flow directly to the government agencies pursuing the forfeiture.
* The NHLA is not taking a position in support of section 1 of the bill, appropriating money to the prescription monitoring program. - Anti-libertySB 523-FNrelative to the controlled drug prescription health and safety program and establishing a commission to study requiring controlled drugs and controlled drug analogs to be provided in abuse-deterrent formulation.Oppose C of C
Why
This bill puts the government between doctors and patients.
• Patients facing chronic pain already have enough trouble receiving effective treatment. This new mandate removes discretion from trained medical professionals and forces them to treat chronic pain patients as if they are drug seeking addicts.
• Legislators should be seeking to reduce the already costly and extensive interferences by government into medical care, not expand them.
• The provisions that allow for 'random' drug testing are too broad and could be interpreted as allowing the doctor to demand a drug test at any time. This would further disrupt the life and livelihood of a patient.
37 bills with no position.
Thursday, May 12, 2016 · Senate · 9 positions
- Pro-libertyHB 1132relative to carrying a loaded rifle or loaded shotgun in certain vehicles.NAY ITL
Why
This bill allows hunters and sportsmen to have ammunition in their guns in their vehicles, so long as the safety is on, and the chamber empty
• This common sense gun law reduces this risk of a citizen being charged with a crime when transporting a weapon in a safe and secure manner.
• This bill enhances safety by reducing the number of times the weapon is unloaded and reloaded.
• This bill retains the existing restriction on hunting from a motor vehicle, OHRV, snowmobile, boat, or aircraft.
* This bill allows RV owners to have a shotgun in their mobile home when camping for self protection from wild animal or perpetrator.
• This bill allows a hunter to place his loaded rifle on his car when speaking to a fish and game officer without fear of being charged with a violation. - Anti-libertyHB 1590-FN-A-Lrelative to the regulation and taxation of short-term rental businesses.NAY OTP/A
Why
This bill expands state taxes and regulations.
There is no minimum income threshold in this bill. This bill would require a homeowner who lets out a room for even a night or two to register as a "hotel operator", and display a "rooms and meals" tax ID.
• The emerging sharing economy has been a benefit to NH residents, and should be encouraged, not crushed by the state.
• If homeowners are required to register with the government in order to simply let a room for a day or two, many will give up on the idea entirely. This is often the effect of government mandates on informal trade, and on nascent businesses. - Anti-libertyHB 1637-FNrelative to school attendance in towns with no public schools.Reconsider
Why
This bill as amended and passed by floor amendment 2016-1736s mandates that private schools meet government school standards under certain conditions.
* The bill as passed mandates that private schools meet Common Core standards, implement Competency based instruction and administer online Smarter Balanced assessments if they choose to accept students from towns with no public schools.
* The bill is a significant overreach into private school systems that will force private schools to choose between denying access to students from towns with no public schools or accepting burdensome intrusion into their school system.
* Private schools must attract students and parents on a voluntary basis. This is a far more effective form of accountability, and far better guarantee of quality, than bureaucratic government mandates. - Pro-libertyHB 197-FNrelative to sales and samples provided by wine manufacturers.YEA OTP
Why
This bill allows wine manufacturers to establish up to 2 'off site' locations for sampling and purchase of their wines.
• Wine manufacturers should be permitted to sell their product where their potential customers are, not restricted to selling where grapes grow best.
• Allowing local businesses to showcase local products benefits NH residents and helps the NH economy.
• Additional jobs will be created to run off-site tasting rooms. - Pro-libertyHB 504relative to online driver education.NAY ITL
Why
This bill allows students the freedom to learn in a more efficient setting.
• Many studies have shown online learning to be as effective as in-person classes. (e.g. Russell, T. L. The No Significant Difference Phenomenon. Montgomery, AL:IDEC,1999,17 Barry, M.& Runyan, G).
• Remote learning provides much needed flexibility to students with limited transportation options, or limited means
• Remote learning helps reduce the cost of driver education - Pro-libertyHB 512prohibiting confiscation of firearms, ammunition, or firearms accessories during a state of emergency.YEA OTP
Why
This bill extends protection of the right to property ownership.
• This bill reinforces an existing ban on confiscation of firearms, adding teeth to penalize those who violate the rights of NH citizens.
• This bill holds individuals that infringe the rights of the people of New Hampshire personally accountable, while protecting officers who defend the rights of the people from disciplinary action. - Anti-libertyHB 602-FNrelative to the use of drones.NAY OTP/A
Why
This bill creates arbitrary restrictions on the private use of drones while allowing government and business wide latitude. In addition, as amended it establishes a state grant program for a substance abuse enforcement program.
• Creating wide ranging restrictions on a new technology risks stifling innovation. New Hampshire residents would be better served by a legislature that narrowly addresses specific problems.
• This bill's definition of drone is too vague. Drones are available in many sizes; it is impractical for an owner to inscribe name, address, and phone number on even a small indoor toy drone or helicopter. The FAA has enacted rules regarding drones and has exempted small lightweight drones that cause no harm.
• The bill (422-D:3, IX) grants nearly full exemption from the provisions of this bill for businesses. This goes beyond mere 'corporate personhood' by exempting businesses from all aspects of the law while still applying the law to all private citizens.
* The committee amendment adds another $1.5 million in state spending on drug enforcement activities and propaganda designed to "gain respect and approval of the public for the work of the police." (21-P:66 II(c)) - Pro-libertyHB 636-FNrelative to forfeiture of property.YEA OTP/A
Why
This important bill protects the rights of NH residents to due process
• Civil asset forfeiture involves the taking of property from a person who has not been convicted, or often even charged, with a crime. This bill corrects several of the injustices in current law, and protects due process, by requiring a criminal conviction prior to forfeiture of assets, and clear and convincing evidence of wrong-doing.
• This bill ensures that property is returned to innocent property owners in a timely manner, and that they have recourse when it is not.
• This bill greatly reduces perverse incentives and appearances of impropriety by providing that proceeds from asset forfeiture no longer flow directly to the government agencies pursuing the forfeiture. - Pro-libertyHB 668-FNrelative to application of the Internal Revenue Code to provisions of the business profits tax.YEA OTP
Why
This bill better aligns NH capital expense deductions with federal provisions.
• NH currently allows only up to $25K in deductions for capital expenses in the first year. This bill removes the state limit and aligns the calculation with IRS rules simplifying compliance costs.
• At least 37 other states already allow deductions over $100K, and 33 allow deductions up to $500K (http://taxfoundation.org/).
• While the long term impact of this bill is largely revenue neutral, allowing business to more fully deduct capital expenses in the year they are made increases the probability of capital investment and growth in NH.
• NH legislators should work to make NH business friendly, rather than driving them away with excessive taxes.
28 bills with no position.
Wednesday, May 11, 2016 · House · 15 positions
- Pro-libertyCACR 27(New Title) relating to the operating budget. Providing that the state shall not spend more from any fund than such fund receives in revenue, nor use the proceeds of any bond to fund its annual operating expenditures.YEA OTP/A
Why
Relating to the operating budget. Providing that the state shall not spend more in any year than it receives in revenue
• This constitutional amendment would require a balanced budget unless two-thirds of each house chooses to set aside the requirement.
• This measure will limit government spending, reduce budget deficits, enhance fiscal accountability, and strengthen the state's credit rating. It is an important, positive move.
• At a time when many other states and the federal government are facing fiscal crises due to reckless spending and debt, this is an opportunity for New Hampshire to lead as an example of fiscal responsibility. - Anti-libertySB 210-FNrelative to regulation of septic system evaluatorsNAY OTP/A
Why
This bill creates yet another hurdle for businesses and property owners.
• Certification programs for septic evaluators are already available in NH. It is the right of home buyers and sellers to decide whether or not to hire a certified septic evaluator, and not the business of government.
• Requiring a license to evaluate septic systems does not guarantee the licensee will do a good job. There are plenty of examples of incompetent licensed tradesmen.
• Licensing often creates more of the behavior it ostensibly intends to remedy. Making it more expensive to hire qualified professionals incentivizes buyers to forgo evaluations, hire amateurs or attempt to perform work themselves.
• Licensing reduces options for septic evaluation while increasing expense. - NeutralSB 315relative to the regulation of barbers, cosmetologists, estheticians, and manicuristsN/A
Why
This bill clarifies existing anti-liberty law related to the licensing of cosmetologists, estheticians and manicurists.
* Support floor amendment 2016-1864h which changes the penalty for violations of the existing cosmetology law from a misdemeanor to a violation for a person who engages in any practice regulated by the existing RSA without an appropriate license and changes from a felony to a misdemeanor for a person who engages in these business practices without a license. The existing penalties are excessive and disproportionate to the acts involved.
* Support the minority amendment 2016-1866h which provides for a friends and family exemption allowing for barbering, cosmetology, esthetics, or manicuring services to be provided to friends and family members when the person does not provide such services as his or her primary occupation. While inclusion of a common sense exclusion in the law may be deemed unnecessary, there is very little risk to including the exclusion and to someone who is eventually caught in an unfortunate application of the current law, the exclusion will be a significant improvement. - Pro-libertySB 324(New Title) eliminating the land use board and requiring approval of federal land acquisitions by the governor and executive councilYEA OTP/A
Why
This bill updates a neglected state law, RSA 121 which provides oversight and regulation of certain federal land acquisitions.
• RSA 121 has been neglected for decades, ignoring the will of the General Court.
• This bill replaces obsolete language, assigning authority to the appropriate modern agency.
• The original law, and this update, place reasonable limits on certain federal land acquisitions. This is wise policy, as evidenced by the many problems now facing many western states.
• Although limits are set, under this bill, if the voters of a municipality wish to cede more of their landmass to the federal government, they can vote to do so. - Pro-libertySB 325relative to vaccines administered by pharmacistsNAY IS
Why
This bill as amended adds MMR vaccine to the list of vaccines approved for administration to adults by pharmacists.
• Reduces cost and increases convenience for adults who choose to receive the MMR vaccine.
• Adults should not be required wait for a more expensive doctors visit in order to receive common vaccines. - Pro-libertySB 336relative to the qualifications for obtaining a license to carry a concealed pistol or revolverNAY ITL
Why
This bill ensures that any citizen who is legally allowed to own a firearm may be issued a concealed weapons license.
• This bill as amended removes the ambiguous requirement that an applicant be a "suitable person", which encourages profiling, and has in the past been used for ethnic, racial, and gender discrimination. This “suitability” clause is replaced by the objective requirement that the applicant not be prohibited from possessing a firearm under state or federal statute.
• This language replacing “suitable” is identical to that contained in SB 116 which passed both Houses in 2015, and to HB 582 which passed the House earlier this session.
• There is a demonstrated need for this legislation. Citizens have been arbitrarily denied their right to obtain or renew their license and then forced to seek legal counsel to exercise a basic right. As recently as 2015 a NH woman was denied the right to defend herself for 112 days after an arbitrary decision by a local police chief. While the chief's decision was overturned almost immediately upon the case being heard, the prolonged and expensive legal battle is an unfortunately common outcome of the current law. - Anti-libertySB 396relative to compatibility of electrical devices with the National Electric Code and the state building code.YEA ITL
Why
This bill would ban sales of devices that are not compatible with either the National Electric Code or New Hampshire building code.
• This bill would make it a crime for NH retailers to sell equipment that is not compatible with NH code, but is compatible with electrical codes in other countries, forcing NH residents to purchase equipment for use on travel from online retailers or out of state.
• Many NH businesses sell commercial or industrial equipment intended for use in other jurisdictions, with different electrical specifications.
• Private safety certification agencies like Underwriters Laboratories are a great alternative to state mandates
• RSA 358:A:2 is explicitly for the purpose of banning “any unfair method of competition or any unfair or deceptive act or practice in the conduct of any trade or commerce". Selling devices that do not meet NH code is neither unfair nor deceptive, unless the goods are sold with a label indicating compatibility with certain standards, while not actually being compatible. Misrepresentation of certification is already covered by 358:a:2 II and IV. - Anti-libertySB 416relative to flexible working arrangements in employmentNAY OTP
Why
This bill creates new mandates on businesses
• Employees and employers should be free to negotiate working relationships and terminate them at will. The state should not micromanage employer/employee relationships.
• This bill is unnecessary, as the market provides protection for both employers and employees. If employers terminate employees capriciously they will not be able to retain or attract talent. If employees terminate their employment frequently they will have difficulty convincing employers to hire them. - Anti-libertySB 481-FN(New Title) relative to a special health care service license and establishing a fund.NAY OTP/A
Why
This bill raises new barriers to entry for healthcare service providers.
* This bill contains provisions designed to create or protect health care service monopolies in the state limiting competition and preventing competitive price pressures. It delegates the power to the state commissioner of health and human services to make a determination of the need for new facilities enshrining crony capitalism into state law.
* The bill effectively requires all new medical facilities to provide 24/7 emergency services. This further increases the barrier to entry for new service providers who look to fill medical needs to being served by our existing hospitals. - Anti-libertySB 483-FN(New Title) establishing a committee to study the necessity of creating a chartered public school program officer position and to study appropriations to chartered public schools for the 2016 and 2017 fiscal years.NAY OTP/A
Why
This bill grows government by adding another permanent state level position.
* The bill creates a new position of "chartered public school program officer" which incrementally grows state government. Once such positions are established they are exceedingly difficult to eliminate.
* Creation of this position further centralizes state control over charter schools and ensures more involvement of the state board of education in operations of charter schools.
* The state should be seeking to decentralize the existing charter school system providing for local control instead of furthering a model of state run government schools. - Anti-libertySB 485-FN-Aestablishing a state grant program to assist state and local law enforcement agencies in addressing the opioid crisis and making an appropriation therefor.NAY OTP/A
Why
This bill continues the failed approach to the war on drugs by expanding spending on police enforcement.
* This bill creates a new substance abuse law enforcement program and funds it with $1.5 million in FY 2017.
* A law enforcement centric approach will mean more costs for courts, prosecutors, defense and corrections. - Pro-libertySB 498-FNrelative to penalties for possession of certain controlled drugs.YEA OTP/A
Why
This bill as amended would make first-time possession of a small amount of marijuana, up to one quarter ounce, a violation, subject to a fine of $300, instead of a misdemeanor crime subject to arrest, jail time, and a criminal record.
• This is a very small step in the right direction of recognizing that NH's current laws are not inline with the vast majority of NH residents who favor decriminalization of marijuana. A UNH/ WMUR poll released in July 2015 indicated that 72% of Granite Staters support decriminalizing marijuana. This bill as takes an incremental step toward reducing collateral damage done to people who use or experiment with marijuana by making first time possession charge a violation.
* While the bill is a modest improvement over current law and thus should be supported the legislature should do far more to reform or eliminate laws governing the private acts of citizens. - Pro-libertySB 506clarifying who may adoptYEA OTP/A
Why
This bill revises existing restrictions on who may adopt.
* This bill expands the definition of who may adopt a child recognizing that not all familial bonds need to be formally recognized by the state in order to be valid.
* It it recognizes the same sex marriages the legislature created in 2008 by allowing all married couples to pursue adoption. - Anti-libertySB 515-FNrelative to child neglect and other changes to the child protection actNAY OTP/A
Why
This bill makes evidence of opioid dependence in single parent households a rebuttable presumption of child neglect.
• This bill contains language that states that "Evidence of a custodial parent's opioid drug abuse or opioid drug dependence" is a "rebuttable presumption" of child neglect. Although this is an improvement over text as originally introduced, it still places families in positions have having to prove innocence as opposed to the state having to prove guilt.
• RSA 169-C:29 already requires doctors, nurses, social workers and others to report suspected child abuse or neglect. Under existing law these professionals have some minor freedom to consider the totality of circumstances for reporting potential neglect. With this bill, even as improved by proposed amendments, these professionals would no longer have discretion. This would likely result in doctors failing to ask medically relevant questions and patients failing to provide medically relevant answers for fear of involving the state in an already complex situation. If based on the specific circumstances of the patient and their drug use (regardless of type of drug) a professional has reason to believe the child is being abused or neglected, they already have the duty to report. This bill therefore carries unacceptable risk of harm while providing little in the way of potential benefits to children - Pro-libertySB 522-FN-A(New Title) making an appropriation to the office of professional licensure and certification for technology upgrades for the controlled drug prescription health and safety programYEA OTP/A
Why
With the committee amendment, this bill protects the rights of NH residents to due process.
• Civil asset forfeiture involves the taking of property from a person who has not been convicted, or often even charged, with a crime. This bill corrects the injustices in current law, and protects due process, by requiring a criminal conviction prior to forfeiture of assets, and “clear and convincing evidence” on the part of the state.
• This bill ensures that property is returned to innocent property owners in a timely manner, and that they have recourse when it is not.
• This bill greatly reduces perverse incentives and appearances of impropriety by providing that proceeds from asset forfeiture no longer flow directly to the government agencies pursuing the forfeiture.
35 bills with no position.
Thursday, May 5, 2016 · Senate · 21 positions
- Pro-libertyHB 1118relative to the determination of parental rights and responsibilities and establishing a presumption in favor of shared residential responsibility.NAY ITL
Why
This bill establishes a rebuttable presumption that shared parenting and shared residential rights and responsibilities are in the best interest of the child or children.
* Barring extenuating circumstances such as abuse or neglect, it is in the best interest of the child that both parents have continuing involvement in the child's life.
* Multiple studies indicate that share parenting arrangements result in lower risks of fear, aggression or depression. See http://www.divorceny.com/custody/swedish-survey/ and http://national.deseretnews.com/article/17236/what-shared-parenting-is-and-how-it-can-affect-kids-after-divorce.html
* The bill contains protection to help ensure that a history of abuse or neglect is considered in determining what is in the best interest of the child. - Pro-libertyHB 1127relative to qualifications of referees in the superior courts and circuit courts.NAY ITL
Why
This bill is pro-liberty and brings a level of accountability to marital referees and marital masters.
* This bill requires that court referees who are not former judges become justices of the peace.
* Currently, referees, as state employees, cannot be impeached if they decide beyond their proper authority, by contrast, justices of the peace can be impeached if necessary.
* The requirement is not arduous. JP is easy to obtain, and allows a five year term before requiring re-approval by the governor and council. - Pro-libertyHB 1138relative to access to investigational drugs, biological products, and devices.YEA OTP
Why
This bill gives terminally ill patients more options for treatment while protecting all involved.
• The individual should be able to make fully informed healthcare decisions about their treatment, and not have to wait for the FDA to approve such treatments.
• Allowing terminally ill patients to try other treatments could save their lives while advancing modern medicine at the same time.
• Some terminally ill patients travel to foreign countries to try these treatments. This bill will allow the patient to remain close to friends and families in their time of need.
• 27 states have passed similar laws. - Pro-libertyHB 114establishing beer specialty licenses.YEA OTP
Why
This bill establishes a specialty beer license to allow retailers to sell specialty beers without also requiring them to sell food.
• This bill allows specialty beer retail establishments to obtain a new license that doesn’t require a $3000 inventory value of grocery items.
• Many stores meet the current grocery requirement by keeping Spam, Vienna sausages, and other canned items that don't spoil quickly, which are never sold. For a beer & wine store, this requirement is wasteful, protectionist, and serves as a barrier to entry to small stores.
• This will help to increase beer tourism which is a hot market in New England. New Hampshire is lagging behind neighboring states in this growing market. - Pro-libertyHB 1153prohibiting a political subdivision from adopting residency restrictions on sex offenders.NAY ITL
Why
This bill improves government transparency.
• There are already many restrictions on where a registered offender can live. These types of restrictions can force people out of affordable housing and sometimes result in homelessness.
• Residency restrictions are an infringement upon fundamental private property rights and do nothing to actually protect victims.
• Limitations on residency can force people on the registry further from the support networks they need the most: jobs, therapy, and public transportation, making it more difficult to re-assimilate into society - Pro-libertyHB 1186repealing the law prohibiting coasting of vehicles.NAY ITL
Why
This bill repeals the existing unenforceable prohibition on coasting vehicles.
•Existing law is not enforceable as there is no external indication that a vehicle is in neutral.
•Coasting can reduce wear on vehicles and save fuel. As long as the rules of the road are followed, there is no danger to others from a coasting vehicle. - Pro-libertyHB 1210relative to prescriptions for controlled drugs by telemedicine.YEA OTP
Why
This bill slightly liberalizes telemedicine by increasing the conditions under which a physician may prescribe controlled substances as part of an ongoing patient relationship.
* Liberalizing telemedicine can reduce health care costs and expand patient choice.
* The bill requires that the prescriber has a prior in-person practitioner-patient relationship. - Pro-libertyHB 1229prohibiting the inclusion of statewide assessment results in a student's transcript without consent.NAY ITL
Why
This bill gives control over assessment results to students and parents.
• Statewide assessments were designed to measure overall school performance, and are not designed as a measurement of individual student performance.
• Students should not be held accountable to an assessment that changes from year to year and may be based on standards that are not fully implemented. - Pro-libertyHB 1236relative to hearings on modifications of parental rights and responsibilities.NAY ITL
Why
This bill respects mutually agreeable compromises reached out of court
• This bill as amended provides that when the parties agree to a modification of parental rights and responsibilities, the court shall not hold a hearing on the modification unless requested by both parties.
• Mutually agreed-upon parenting plans are a win/win agreements that reduce stress for all involved including the children.
• This bill keeps un-coerced parenting agreements in the control of cooperating parents, avoiding unnecessary litigation and concomitant suffering. - Pro-libertyHB 1270relative to a jury's determination as to the applicability of a law.NAY ITL
Why
This bill clarifies the Wentworth instruction given to jurors.
* Jurors find the Wentworth instruction to be less than clear.
* This instruction to the jury makes clear their right to ignore the law if the result would be unjust.
* Jurors generally do not understand the significant distinction between the terms 'must' and 'should' as used in the Wentworth instruction. - Pro-libertyHB 1338relative to student exemption from the statewide assessment.NAY ITL
Why
This bill allows parents to opt their children out of the statewide assessment.
• Parents have a right to direct the education of their children.
• 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.
• The new federal law, ESSA, recognizes parents’ right to opt out. - Anti-libertyHB 1408-FNrelative to a school building inventory.YEA ITL
Why
This bill mandates a statewide inventory of approximately 400 school buildings.
* The incremental work increases from individual mandates such as this contribute to an overworked staff and loss of focus on the primary mission of the schools to educate our children.
* There is a cost to gather this data even when using existing staff. Assertions to the contrary imply that the staff at our schools are spending a portion of their day sitting idle. - Anti-libertyHB 1430-FNrelative to registration of compact utility tractors.NAY OTP
Why
This bill subjects utility tractors to vehicle registration requirements
• Compact utility tractors are rarely used on NH's roads and should not be subject to registration fees.
• This bill would create an unnecessary burden on small agricultural businesses. - Pro-libertyHB 1471relative to parental rightsNAY ITL
Why
This bill recognizes the right of parents to make decisions about the health, education, and welfare of their children
• Decisions about child-rearing are the responsibility of parents, not the state.
• This bill does not change existing regulations, but is a valuable statement of principle. - Pro-libertyHB 1570-FNrepealing the law governing access to reproductive health care facilities.YEA OTP
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 that the state will most certainly lose. - Pro-libertyHB 1637-FNrelative to school attendance in towns with no public schools.NAY IS
Why
This bill allows students to be assigned to a public or private school if there is no public school for the child's grade in the child's resident district
• Allows access to private schools for children in towns with no school building.
• Moves the education system in the direction of the free market by allowing both public and private schools to compete for the students.
• Creates a system to address declining school enrollment by allowing other education options.
* Support Avard/Hill amendment 2016-1343s which retains the benefits of the bill as passed by the house and addresses certain technical issues with the house wording. - Anti-libertyHB 1644-FNrelative to screening and intervention for dyslexia and related disorders, establishing a reading specialist position in the department of education, and making a technical correction.NAY OTP/A
Why
This bill further increases state level spending on education.
• This bill creates an entirely new level of specialist within the DOE at more expense to the state.
• Programs already exist to identify students who need additional services; this bill is duplicative of services already in place.
• Nongermane committee amendment leaves objectionable portions of bill intact but is otherwise acceptable. - Pro-libertyHB 1656-FNrelative to exceptions to the real estate transfer tax.YEA OTP
Why
This bill establishes exceptions from the real estate transfer tax for certain transfers of title related to changes in form of organization or made between the owners and the entity for no consideration.
• Eliminates a double tax on property owners transferring their property to themselves.
• Taxation of 'paper' real-estate transfers for which no true transfer is taking place improperly penalizes property owners who have non-material changes in organizational structure. This bill would prevent application of the real-estate transfer tax in cases where no true transfer is performed. - Pro-libertyHB 1681-FNrelative to hypodermic syringes and needles containing residual amounts of controlled drugs.YEA OTP
Why
This bill, as passed by the house, reduces the harm of the war on drugs, by allowing for safe disposal of hypodermic needles.
• <b><u>Oppose committee amendment 2016-1487s. Changing this bill to a study committee defers a proven positive step in harm reduction</u></b>
• People are more likely to safely dispose of needles if they aren’t in danger of arrest.
• Allowing easier access to clean needles will help prevent the spread of dangerous and costly diseases, including hepatitis and HIV.
• Penalizing addicts for possession of a used syringe is a failed approach, which does not help them and endangers the community.
• This bill allows charities to create needle-exchange programs, which have a proven track record of reducing the harm of drug addiction (Steffanie A. Strathdee1 and David Vlahov, AIDScience Vol. 1, No. 16, December 2001, also: https://goo.gl/Q1wQYp, more: http://goo.gl/hWuJoa) - Pro-libertyHB 512prohibiting confiscation of firearms, ammunition, or firearms accessories during a state of emergency.YEA OTP/A
Why
This bill extends protection of the right to property ownership.
• This bill reinforces an existing ban on confiscation of firearms, adding teeth to penalize those who violate the rights of NH citizens.
• This bill holds individuals that infringe the rights of the people of New Hampshire personally accountable, while protecting officers who defend the rights of the people from disciplinary action. - Pro-libertyHB 582-FNrepealing the license requirement for carrying a concealed pistol or revolver.YEA OTP
Why
House version of SB 116. Makes possession of a NH pistol/revolver license optional; replaces vague term of "suitable" with "not prohibited by state or federal law"; extends license minimum period from 4 to 5 years.
• 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 license, rank among the safest places in the country.
• The language of current statute can be and has been 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 criminalizes 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 with 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.
• There is no evidence that the current NH pistol license provides a necessary benefit to public safety.
35 bills with no position.
Thursday, April 28, 2016 · Senate · 11 positions
- Pro-libertyHB 1266-FNlegalizing firecrackersNAY ITL
Why
This bill legalizes additional categories of fireworks.
* The choice of whether to purchase, possess, and use fireworks should be a personal one. Fireworks bans are paternalistic.
* Removing the ban on firecrackers and smoke bombs will increase economic activity in New Hampshire. - Pro-libertyHB 1301relative to the issuance of youth employment certificates.YEA OTP/A
Why
This bill respects a parent's right to determine the satisfactory level of academic performance required for a youth certificate of employment.
• According to a Harvard Graduate School of education report (http://nrs.harvard.edu/urn-3:HUL.InstRepos:4740480), teens who have good high school work experiences are more likely to be inspired to stay in school, graduate, and adopt ambitious goals.
• Existing law grants public school principals or superintendents the exclusive right to approve work certificates. Parents, however, better understand the full set of challenges that the student faces outside of the school.
• Current law effectively requires homeschoolers, charter school students or students attending private schools to seek permission from the local public school's principal/superintendent who has no connection to the student's school work and performance. - Pro-libertyHB 1381-FNrelative to the sale of smoke bombs.NAY ITL
Why
This bill repeals the ban on smoke bombs.
* Removing the ban on smoke bombs will increase economic activity in New Hampshire.
* Even states with substantially more restrictive fireworks laws allow smokebombs (e.g. this is a class of device that is legal in New York state) - Pro-libertyHB 1445-FNrelative to tinted windows on motor vehicles.NAY ITL
Why
This bill would repeal an existing prohibition on tinted side windows
• 46 other states already allow tinted side windows, with no widespread problems reported.
• NH law enforcement already encounters tinted windows on the thousands of tourist vehicles that visit NH each year. No widespread problems have been reported with these vehicles, either.
• While we do not support the $5 annual fee, this bill still represents a clear improvement over current law. - Pro-libertyHB 1584-FNrelative to the discharge of a person committed for nonpayment of a fine.YEA OTP/A
Why
This bill as amended regulates a law enforcement agency's use of body-worn cameras. As amended the new title would be "relative to body-worn cameras for law enforcement officers".
• The use of BWCs as outlined in this bill will be a benefit to public safety, foster better interactions between police and members of the public, protect members of law enforcement, promote accountability and assist in investigations.
• BWCs protect both police and the citizens they interact with by providing objective evidence of encounters.
• Mandatory disclosure requirements protect civil rights and likely contribute to better behavior by all parties reducing the utilization of force.
• A 12 month study on the use of BWCs in Rialto, CA found use-of-force by officers wearing cameras fell by 59 percent and complaints against officers dropped by 87 percent compared to the previous years totals. - Pro-libertyHB 1637-FNrelative to school attendance in towns with no public schools.Move to Table
Why
This bill allows students to be assigned to a public or private school if there is no public school for the child's grade in the child's resident district.
• Allows access to private schools for children in towns with no school building
• Moves the education system in the direction of the free market by allowing both public and private schools to compete for the students
• Creates a system to address declining school enrollment by allowing other education options
• Support TABLING motion to allow sponsor to be present for the vote. - Pro-libertyHB 1656-FNrelative to exceptions to the real estate transfer tax.YEA OTP
Why
This bill establishes exceptions from the real estate transfer tax for certain transfers of title related to changes in form of organization or made between the owners and the entity for no consideration.
* Taxation of 'paper' real-estate transfers for which no true transfer is taking place improperly penalizes prorperty owners who have non-material changes in organizational structure. This bill would prevent application of the real-estate transfer tax in cases where no true transfer is performed.
- Pro-libertyHB 1660-FN-Lrelative to eminent domain for gas pipelines and relative to assessment of the land use change tax for eminent domain takings for energy infrastructure.YEA OTP/A
Why
This bill helps protect property rights from eminent domain abuse.
• Owners of properties being taken may require the taking of the entire property so they will not be forced to live with the project being developed.
• This bill equalizes eminent domain with regard to gas pipelines as it relates to other utilities.
• It allows the owner of the property to select their own appraiser and have the costs of the appraisal paid for by the pipeline company. - Anti-libertyHB 602-FNrelative to the use of drones.NAY OTP/A
Why
This bill creates arbitrary restrictions on the private use of drones while allowing government and business wide latitude.
• Creating wide ranging restrictions on a new technology risks stifling innovation. New Hampshire residents would be better served by a legislature that narrowly addresses specific problems.
• This bill's definition of drone is too vague. Drones are available in many sizes; it is impractical for an owner to inscribe name, address, and phone number on even a small indoor toy drone or helicopter. The FAA has enacted rules regarding drones and has exempted small lightweight drones that cause no harm.
• The bill (422-D:3, IX) grants nearly full exception from the provisions of this bill for businesses. This goes beyond mere 'corprorate personhood' by excempting businesses from all aspects of the law while still applying the law to all private citizens. - Pro-libertyHB 605-FNrelative to mandatory minimum sentences.YEA OTP/A
Why
This bill repeals mandatory minimum sentencing for specific crimes.
• Mandatory minimums remove discretion from the courts, often forcing judges to impose sentences far longer than are appropriate for the situation and the crime. Restoring discretion enables the Judiciary to perform its constitutional role.
• Reducing use of excessively long minimum sentences will help slow the growth of prison populations. - Pro-libertyHB 636-FNrelative to forfeiture of property.YEA OTP
Why
This important bill protects the rights of NH residents to due process.
• Civil asset forfeiture involves the taking of property from a person who has not been convicted, or often even charged, with a crime. This bill corrects several of the injustices in current law, and protects due process, by requiring a criminal conviction prior to forfeiture of assets, and “clear and convincing evidence” of wrong-doing.
• This bill ensures that property is returned to innocent property owners in a timely manner, and that they have recourse when it is not.
• This bill greatly reduces perverse incentives and appearances of impropriety by providing that proceeds from asset forfeiture no longer flow directly to the government agencies pursuing the forfeiture.
27 bills with no position.
Thursday, April 21, 2016 · Senate · 14 positions
- Anti-libertyHB 1154-FNauthorizing and regulating the use of license plate scanning devices.NAY OTP
Why
This bill violates personal privacy and civil liberties to travel freely
• Blanket surveillance by the state government is rife with potential misuse and abuse. There is no way to ensure that the data won't be improperly shared.
• It has been shown in other states that there are many false positives on license readers, leading to infringements on driver freedom and personal liberty.
• In December 2013, the Boston police stopped using automated license plate readers. They found them ineffective, prone to error, open to hacking, and a waste of taxpayer dollars. Boston Police have no plans to resume using license plate scanners, as noted in the explosive media coverage of this failed program.
• The NH constitution clearly prohibits warrantless searches in Part I, Art. 19: "Every subject hath a right to be secure from all unreasonable searches and seizures of his person, his houses, his papers, and all his possessions...." The 4th Amendment to the US constitution gives the same restriction on the federal government.
• While the bill would impose a mandate that non-targeted plate data would be destroyed within 3 minutes, the need to have these devices networked to receive 'alarms' authorizing collections mean that the data will almost certainly be compromised. Large federal agencies including those charged with the responsibility of retaining detailed personal background data have shown that they are unable to prevent long-standing hacks and backdoors. - Pro-libertyHB 1231relative to school district policy regarding objectionable course material.NAY ITL
Why
This bill requires districts to notify parents before covering certain controversial or sensitive topics.
• The bill provides an opt-out for parents who do not wish their children to participate.
• This bill respects the right of parents to direct the education of their children. - Pro-libertyHB 1232relative to visits to schools by non-academic government or private organizations.NAY ITL
Why
This bill requires districts to notify parents before outside, non-educational state agencies or private companies visit schools and classrooms.
• This bill provides an opt-out for parents who do not wish their children to be part of the visit.
• This bill supports parental rights and improves privacy protections. - Anti-libertyHB 1339relative to the corporate governance annual disclosure act.NAY OTP/A
Why
This bill increases the regulatory burden on business and carves out an exclusion to pay practice laws for a single industry segment.
• This bill requires annual reporting of an insurer or insurance group’s corporate governance structure, policies and practices to permit the commissioner to gain and maintain an understanding of the insurer’s corporate governance framework..
• This bill increases overhead and burden on insurance companies which will invariably be passed on to consumers through higher insurance rates.
• This bill contains non-germane amendment that carves out a special exception to existing law requiring that employees be paid for at least 2 hours of work for ski and snowboard instructional. Special case exclusions in the law are an indication that the law itself is flawed as it is unlikely that the legislature can be aware of all of the special conditions facing each employer. Piecewise exclusions only serve to reduce the size of the constituency fighting the improper law without addressing the problems inherent in the law itself. - Anti-libertyHB 1340relative to producer licensing.NAY OTP
Why
This bill requires that insurance producers complete certain education requirements every 2 years.
• This bill raises regulatory burdens on insurance producers by requiring biennial continuing education. This bill is a giveaway to schools providing the mandated education. There is no guarantee that the mandates will increase the productivity or ethics of insurance producers.
• If insurance producers want to increase their productivity, they can already seek out additional training. Additional regulatory burdens on licensed professions reduce the supply of providers, raising costs and limiting choice for consumers. - Pro-libertyHB 1434-FNrelative to out-of-home placements under the child protection act.NAY ITL
Why
This bill as amended reinforces the requirement that the judges must provide a written finding to keep a child in out-of-home placement after the preliminary hearing of an abuse and neglect proceeding.
* Unwarranted interference in the parent child relationship is a harm to children, parents, and society as a whole. This bill helps ensure that removal is limited only to cases where a hearing has found that there are documentable instances of abuse or neglect.
* Clear documentation of findings supports rebuttal of unsubstantiated claims and in cases when the abuse is substantiated, it helps provide documentation that may be useful to all parties to determine the most appropriate path forward in future hearings.
* Documented findings are consistent with the NH Constitution Part 1 Article 15 which states "No subject shall be held to answer for any crime, or offense, until the same is fully and plainly, substantially and formally, described to him..." - Pro-libertyHB 1451-FNrelative to the annulment of certain criminal offenses.YEA OTP
Why
This bill reduces the injustice done to innocent, convicted persons.
• This bill as amended allows a person who was convicted of a criminal offense whose conviction was subsequently vacated by a court to petition for an annulment of the arrest record or court record or both.
• Having the option to petition for annulment allows a wrongly convicted individual to at least partially restore their official reputation. - Pro-libertyHB 1631-FNrelative to penalties for possession of marijuana.NAY ITL
Why
This bill respects self-ownership, and reduces the harm of the drug war.
• The NH Constitution provides that “all penalties ought to be proportioned to the nature of the offense,” but our state penalties for marijuana possession are no longer supported by public opinion and are far more severe than those of most nearby states.
• 60% of NH citizens support the legalization of recreational marijuana, and 72% support decriminalization (WMUR Poll 7/15)
• Legalization would not only prevent innocent people from having their lives significantly impacted by minor possession arrests, but would also reduce the expense of the criminal justice system, allowing police and prosecutors to focus on serious crimes where innocent people have been victimized. - Anti-libertyHB 1644-FNrelative to screening and intervention for dyslexia and related disorders and establishing a reading specialist position in the department of education.NAY OTP
Why
This bill further increases state level spending on education.
• This bill creates an entirely new level of specialist within the DOE at more expense to the state.
• Programs already exist to identify students who need additional services; this bill is duplicative of services already in place. - Pro-libertyHB 197-FNrelative to sales and samples provided by wine manufacturers.NAY ITL
Why
This bill allows wine manufacturers to establish up to 2 'off site' locations for sampling and purchase of their wines.
• Wine manufacturers should be permitted to sell their product where their potential customers are, not restricted to selling where grapes grow best.
• Allowing local businesses to showcase local products benefits NH residents and helps the NH economy.
• Additional jobs will be created to run off-site tasting rooms. - Pro-libertyHB 582-FNrepealing the license requirement for carrying a concealed pistol or revolver.YEA OTP
Why
House version of SB 116. Makes possession of a NH pistol/revolver license optional; replaces vague term of "suitable" with "not prohibited by state or federal law"; extends license minimum period from 4 to 5 years.
• 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 license, rank among the safest places in the country.
• The language of current statute can be and has been 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 with 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.
• There is no evidence that the current NH pistol license provides a necessary benefit to public safety. - Pro-libertyHB 601-FNrelative to cash dispensing machine requirements.YEA OTP
Why
This bill reduces the annual cash machine notification renewal fee by $45.
• The current fee is excessively high, going beyond covering the administrative costs of regulation.
• The NHLA would more strongly support the bill as originally introduced; eliminating annual notification requirements for cash dispensing machine operators entirely. - Pro-libertyHB 605-FNrelative to mandatory minimum sentences.YEA OTP/A
Why
This bill repeals mandatory minimum sentencing for specific crimes.
• Mandatory minimums remove discretion from the courts, often forcing judges to impose sentences far longer than are appropriate for the situation and the crime. Restoring discretion enables the Judiciary to perform its constitutional role.
• Reducing use of excessively long minimum sentences will help slow the growth of prison populations. - Pro-libertyHB 617-FN-Arequiring state police to wear a camera when interacting with the public.NAY ITL
Why
This bill establishes guidance for the use of Body-Worn Cameras by police.
• The use of BWCs as outlined in this bill will be a benefit to public safety, foster better interactions between police and members of the public, protect members of law enforcement, promote accountability and assist in investigations.
• BWCs protect both police and the citizens they interact with by providing objective evidence of encounters.
• Mandatory disclosure requirements protect civil rights and likely contribute to better behavior by all parties reducing the utilization of force.
• A 12 month study on the use of BWCs in Rialto, CA found use-of-force by officers wearing cameras fell by 59 percent and complaints against officers dropped by 87 percent compared to the previous year’s totals.
24 bills with no position.
Wednesday, April 20, 2016 · House · 8 positions
- Anti-libertySB 210-FNrelative to regulation of septic system evaluators.NAY OTP/A
Why
This bill creates yet another hurdle for businesses and property owners.
• Certification programs for septic evaluators are already available in NH. It is the right of home buyers and sellers to decide whether or not to hire a certified septic evaluator, and not the business of government.
• Requiring a license to evaluate septic systems does not guarantee the licensee will do a good job. There are plenty of examples of incompetent licensed tradesmen.
• Licensing often creates more of the behavior it ostensibly intends to remedy. Making it more expensive to hire qualified professionals incentivizes buyers to forgo evaluations, hire amateurs or attempt to perform work themselves.
• Licensing reduces options for septic evaluation while increasing expense. - Pro-libertySB 356-FNrelative to agricultural plates for vehicles of commercial fishing operations.YEA OTP
Why
This bill allows commercial fishing operators to register certain
vehicles using current agricultural plates.• This bill puts fisheries on common ground with other agricultural businesses.
• Reducing fees for businesses will attract businesses to NH - Pro-libertySB 358relative to use of navigation devices in motor vehicles.YEA OTP/A
Why
This bill recognizes the right of drivers to use navigation systems.
• This is a good common sense first step in fixing the hands free law.
• There are many distractions while driving and we can't legislate all of them. Using a mounted or built in GPS is no more dangerous than changing radio stations.
• The hands free law went too far in restricting what drivers can do in their own vehicles. This bill helps give drivers the freedom to use their property as it was intended without the fear of being pulled over and ticketed. - Anti-libertySB 481(New Title) relative to a special health care service license and establishing a fundNAY OTP
Why
This bill raises new barriers to entry for healthcare service providers.
* This bill contains provisions designed to create or protect health care service monopolies in the state limiting competition and preventing competitive price pressures. It delegates the power to the state commissioner of health and human services to make a determination of the need for new facilities enshrining crony capitalism into state law.
* The bill effectively requires all new medical facilities to provide 24/7 emergency services while exempting existing medical facilities from providing this capability. This further increases the barrier to entry for new service providers by increasing their costs while shielding existing providers from the new costs. - Anti-libertySB 500-FNrelative to student health insurance plans.NAY OTP
Why
This bill mandates new procedures for educational entities that operate self-funded student health insurance plans.
• This bill is attempting to address a problem that does not exist. There are sufficient consumer protections already in place for students covered under these plans.
• The state should not insert itself where it is not needed. A free market in health insurance better serves customers than ever-expanding state mandates and regulations.
• College costs and health care costs continue to rise faster than inflation year over year. Overregulation, which this bill exemplifies, is a big part of the problem.
• The scope of this bill is larger than what is implied by the Majority report. It applies to all not-for-profit private and public institutions of higher education which provide 4 year bachelor’s degree programs and graduate or professional degree programs. - Anti-libertySB 503-FN-Arelative to pre-kindergarten education using “pay for success” financing.YEA ITL
Why
This bill compels taxpayers to fund yet another optional, experimental program.
*The bill's original fiscal note is for $10M to support a grade level outside compulsory attendance.
* The first program of this type, a NYC program to help teenage inmates was an official failure. Currently Utah has a "pay for success" early education program in place, but their boasts were determined to be inflated due to poorly defined goals. These "pay for success" experiments are still unproven to justify a launch in New Hampshire.
* Let the private sector establish pre-school programs, not the state through public/private partnerships, using taxpayer money.
* Not a single social impact bond project has demonstrated success so far. - Anti-libertySB 515-FNrelative to child neglect and other changes to the child protection act.NAY OTP
Why
This bill makes evidence of opioid dependence in single parent households a rebuttable presumption of child neglect.
* This bill as amended still contains language that states that "Evidence of a custodial parent’s opioid drug abuse or opioid drug dependence" is a "rebuttable presumption" of child neglect. Although this is an improvement over the original text of the bill, it still places families in positions have having to prove innocence as opposed to the state having to prove guilt.
* RSA 169-C:29 already requires doctors, nurses, social workers and others to report suspected child abuse or neglect. Under existing law these professionals have some minor freedom to consider the totality of circumstances for reporting potential neglect. With this bill, even as improved by proposed amendments, these professionals would no longer have discretion. This would likely result in doctors failing to ask medically relevant questions and patients failing to provide medically relevant answers for fear of involving the state in an already complex situation. If based on the specific circumstances of the patient and their drug use (regardless of type of drug) a professional has reason to believe the child is being abused or neglected, they already have the duty to report. This bill therefore carries unacceptable risk of harm while providing little in the way of potential benefits to children. - Anti-libertySB 521-FNrelative to an OHRV registration fee for persons who are members of an OHRV club.NAY OTP/A
Why
This bill steeply increases OHRV registration fees, especially for those who choose not to join clubs.
• This bill favors certain clubs over others. Different fees for different club affiliations creates a class system, and could hurt non approved clubs and their membership.
• OHRV riders should not be punished with higher registration fees because they choose not to become members of an approved non profit club.
• The $30 increase is too steep and will hurt OHRV tourism.
14 bills with no position.
Thursday, April 14, 2016 · Senate · 5 positions
- Anti-libertyHB 1239relative to certain terminology in the education statutes.NAY OTP
Why
This bill attempts to standardize terminology in the education statutes.
* The bill's sponsor testified during the committee hearing that this bill is intended to be a 'housekeeping' bill to address consistency in terminology but as currently submitted, the bill inadvertently results in material changes in the relationship between the state board of education and local school boards. While we support the intent of clear and consistent language in the statutes, in its current form, the risks far outweigh any potential benefit that could be realized from 'housekeeping' consistency updates. The following issues would need to be addressed for the bill to limit its scope to housekeeping and clarity :
* In most of the bill, existing statutes that utilize terminology of 'educational' or 'curriculum' standards have been replaced with the consistent and defined language of 'academic standards'. However, in part II, the bill simply deleted 'curriculum and educational' standards instead of replacing it with the words 'academic' standards. The resulting language greatly expands the scope of potential rule making power that RSA 186:8 grants the state board. The deletion would now allow the state board of education to define standards outside of the context of academic standards.
* The proposed change to RSA 193-C:1, II-III goes beyond mere clarification of terms. Previously this RSA indicated that statewide assessments were an effective measure of accountability for our schools. The changes in the bill go beyond ensuring accountability of the school by adding that the statewide assessments are intended to measure "student performance". One potential interpretation of this addition is that the statewide assessments and academic standards could be used in student grading or promotion in lieu of locally developed proficiency standards. Since this is not the intent of the existing statute, this can easily be interpreted as a material change to the intent of the law.
* Finally, the key to this bill being simply a housekeeping bill is the extent to which 'academic standards' are aligned with the intent of current law. This bill broadly defines 'academic standard' as "what a student should know and be able to do at each grade level" but provides no constraints that align the standards with the existing definition of academic topics included in an adequate education per RSA 193-E:2-a. The definition should be clarified to "what a student should know and be able to do at each grade level for each of the topics enumerated in RSA 193-E:2-a, I." - Pro-libertyHB 1247relative to poker in private residences.NAY ITL
Why
This bill allows the playing of poker games in a private residence.
• Currently NH law creates criminals of homeowners and their guests who happen to gather for an evening of recreational poker.
• This bill takes the reasonable step of legalizing poker in private residences, so long as there is no “house”, “rake”, or similar.
• Private, voluntary transactions between adults taking place on private property should not be prohibited by the state.
• There is no revenue impact to the state - Anti-libertyHB 1300relative to the content of patriotic exercises in public schools.NAY OTP
Why
This bill requires public schools to dedicate up to two days each year to discuss the words, meaning and history of the Pledge of Allegiance and Star Spangled Banner.
• The legislature shouldn't be dictating curriculum from Concord. Local school districts are in a better position to understand the educational needs of their students.
• Requiring the same discussion twice each year throughout a public school career crowds out other significant and relevant topics including the Declaration of Independence, and the Constitution. - Anti-libertyHB 1616-FNrelative to drivers’ licenses and identification cards that are compliant with federal identification law.NAY OTP/A
Why
This bill assists the federal government in violating the privacy of NH residents.
• The federal REAL ID act establishes a national identification card, and requires holders of REALID-compliant identification to allow their photos and social security numbers to be held in government databases. These requirements open New Hampshire citizens up to identity theft and privacy violations.
• Currently, 28 states do not comply with REAL ID. For almost a decade, the Department of Homeland Security has repeatedly postponed enforcement of REAL ID. They will continue to do so, so long as states fulfill their obligation to defend the rights of their residents from this unconstitutional mandate.
• Contrary to the house majority blurb, this bill provides no substantial protections against the entry of NH residents' data into federal databases. In fact, it explicitly enables it (section 15).
• The state of NH as an organization has no obligation to provide real ID compliant cards, or DHS accessible databases. The state does have an obligation to do everything in its power to protect its residents from federal privacy intrusions.
• Providing REAL ID-compliant cards at the same price as non-compliant cards, and stamping the latter as non-compliant, will make it practically feasible for DHS to move forward on their enforcement objectives, mandating that everyone get the national ID card.
• This bill is not "opt in". The bill authorizes sharing of data for both REAL ID-compliant and non-compliant cards with federal databases, gutting privacy protection for all NH residents, including those choosing non-compliant IDs.
• Since 2010, a bipartisan majority in New Hampshire has firmly rejected compliance with the REAL ID Act. - Anti-libertyHB 1624-FNrelative to electioneering by public employees.NAY OTP
Why
This bill prohibits all persons from engaging in electioneering that utilizes government equipment.
* This bill attempts to clarify existing law that prohibits the use of public property for electioneering by public employees. The bill amends the current law to replace 'property' with 'equipment' which is an appropriate change to prevent the restriction from applying to real property such as public sidewalks. In modifying the existing statute, the language was changed so that restriction on use of government equipment now applies to *all people* - not just government employees. As a result, a private citizen using government equipment such as a computer in a library or an open wifi access point in a government building would violate the law as amended by this bill.
* The applicability to 'all persons' will create inadvertent violators of the law and would potentially penalize those who have no special access to government property.
* Although use of government equipment for electioneering by any party forces the public to financially support electioneering activities that they potentially find offensive, the risk of misdemeanor prosecution for inadvertent violation is an unacceptable potential outcome of this bill.
* The bill would allow off-duty public employees to utilize public property (such as office space to which they have unique access) for electioneering while citizens are denied this right.
9 bills with no position.
Thursday, April 7, 2016 · Senate · 0 positions
NHLA took no position on any of the 12 bills up for a vote.
Wednesday, April 6, 2016 · House · 5 positions
- Pro-libertySB 320relative to non-academic surveys administered by a public school to its students.YEA OTP/A
Why
This bill protects the privacy of students and families.
• This compromise legislation requires parental consent for all non-academic surveys, except the youth risk behavior survey developed by the Centers for Disease Control and Prevention.
• The fact that some students may benefit from social programs does not justify ignoring privacy concerns and parents' right to direct their under-age children's education.
• There is a demonstrated need for this bill. Evidence was provided at the public hearing, showing that some existing surveys are neither anonymous nor optional. - Anti-libertySB 330-FN(New Title) relative to licensure of medical imaging professionals and radiation therapists.NAY OTP
Why
This bill expands state government and creates a new permanent licensing board.
* This bill expands the role of the state in healthcare, increasing costs and limiting patient access to services.
* The American Registry of Radiologic Technologists already provides credentialing services to ensure high quality patient care in medical imaging and radiation therapy. Establishing a new state mandated board duplicates the education, ethics and examination services provided by this internationally recognized organization.
* The addition of a parallel and duplicative licensing scheme will increase overhead costs which will inevitably be passed on to consumers. - Anti-libertySB 339-FNrelative to required DNA analysis for certain offenses.NAY OTP
Why
This bill adds a new requirement to collect a DNA sample from citizens who may not even have been accused of a crime.
* Under RSA 135-C, people with mental illnesses are involuntarily committed to the state hospital, and under RSA 622:45 some of those acute patients, those whose illness pose a threat to themselves or others, are transferred to and civilly committed to the Department of Corrections Secure Psychiatric Unit. This bill would require these citizens to have DNA samples taken even if no crime has been committed. Mental illness is a medical condition, not a crime.
* The legislature should not require those who have never committed a crime to submit to have a DNA sample taken. - Pro-libertySB 446relative to requirements of the state building code.YEA OTP
Why
This bill protects private property by clarifying that the state building code review board may only require data that is reasonably required for the building inspector to act on an application under the International Residential Code in the application process.
* The bill makes no changes to existing code or inspection requirements under the International Residential code but it is a small step to ensure that property rights are not frivolously infringed.
- Anti-libertySB 498-FNrelative to penalties for possession of certain controlled drugs.NAY OTP
Why
This bill increases fines on drug offenses and retains misdemeanor charge for simple marijuana possession.
• Increases minimum fine on ALL drug offenses to $500 from $350.
• The bill in its current form is a poor substitute for HB1631 which passed the house by nearly a two to one margin on March 10, 2016 and has yet to be decided upon by the senate..
• <b>Support recommit to allow for an opportunity to amend the bill to remove increased fines and remove option for misdemeanor prosecution for marijuana possession</b>
5 bills with no position.
Thursday, March 31, 2016 · Senate · 5 positions
- Pro-libertyHB 1388-FNexpanding crossbow use into muzzleloader season.YEA OTP
Why
This bill allows a person who has purchased a muzzleloader license to hunt deer with a crossbow.
* The state has no compelling interest in limiting the means of effectively and safely taking deer.
* Some NH families rely on deer season to provide high quality locally sourced protein. This bill would allow families to utilize alternate safe means for taking deer potentially saving them money. - Anti-libertyHB 1408-FNrelative to a school building inventory.NAY OTP
Why
This bill mandates a statewide inventory of approximately 400 school buildings.
* Although the majority believes there are no costs to gather this data due to the use of existing staff, the implication is that the staff at our schools are spending a portion of their day sitting idle. The incremental work increases from individual mandates such as this contribute to an overworked staff and loss of focus on the primary mission of the schools to educate our children.
* This bill was never reviewed by Finance Committee to evaluate the burden being imposed upon districts. - Pro-libertyHB 1418-Lrelative to the minutes of nonpublic sessions of public bodies.YEA OTP
Why
This bill clarifies the required content for non-public meeting minutes.
* The NH Constitution, Part 1 Article 8: ... Government, therefore, should be open, accessible, accountable and responsive. To that end, the public’s right of access to governmental proceedings and records shall not be unreasonably restricted. This bill helps to achieve this requirement.
* Provides that minutes kept in nonpublic sessions are consistent with minutes kept in public sessions while maintaining the existing protections outlined in RSA 91-A:3 (e.g. preventing the release of information that would adversely the reputation of any person, other than a member of the public body itself.) - Pro-libertyHB 1419relative to voting records in nonpublic sessions of public bodies.YEA OTP
Why
This bill requires minutes of nonpublic sessions under the right-to-know law to include the vote of each member in all actions taken.
* The NH Constitution, Part 1 Article 8: ... Government, therefore, should be open, accessible, accountable and responsive. To that end, the public’s right of access to governmental proceedings and records shall not be unreasonably restricted. This bill helps to achieve this requirement.
* Retains ability for public bodies to conduct nonpublic sessions while ensuring the public has a right to know the voting record of their representatives. - Anti-libertyHB 1696-FNrequesting a modification of the New Hampshire health protection program.NAY OTP
Why
This bill extends and expands a massive new entitlement program.
• This bill preserves Medicaid Expansion which is currently set to sunset at the end of 2016 due to reduction in federal funding. Medicaid Expansion provides able-bodied, childless adults in NH, above the poverty line, with free health care.
• Though no general funds are used in this iteration, the bill puts in place a financial transfer mechanism via higher insurance premiums and healthcare costs charged to existing paying customers.
• The "severability clause" in the bill allows CMS to pick and choose which portions of the law will be enforced, such as the work requirement. The NH legislature, in effect, will abrogate its responsibility to this federal agency.
• Federal money always comes with strings attached, and it is not free. The national debt, which is approaching $20 trillion, is arguably the largest threat to national security.
• The Federal government will not keep its promises. Federal money will dry up and the financial transfer mechanism will break because hospitals and insurance companies will be unable to transfer the entire cost onto paying customers. This will place the costs squarely on the State's General Fund, which will only be able to support it through a new broad based tax, such as a sales or income tax, thereby destroying what remains of the New Hampshire Advantage.
• A free market approach to health care should be the main priority of the legislature. This is the only way to sustainably lower costs and increase access for the majority of Granite Staters.
11 bills with no position.
Thursday, March 24, 2016 · Senate · 19 positions
- Pro-libertyCACR 27relating to the operating budget. Providing that the state shall not spend more in any year than it receives in revenue.YEA on OTP/A
Why
Balanced budget amendment. Prevents the state from spending more than it takes in and prohibits the use of debt to fund the operating budget.
* This constitutional amendment would require a balanced budget unless two-thirds of each house chooses to set aside the requirement.
* This measure will reduce government spending, reduce budget deficits, enhance fiscal accountability, and strengthen the state's credit rating. It is an important, positive move.
* At a time when many other states and the federal government are facing fiscal crises due to reckless spending and debt, this is a way for New Hampshire to lead and be an example of how a responsible government works.
* New Hampshire has a long history of fiscal responsibility, this amendment is a logical step to ensure that tradition continues. - Pro-libertyHB 1438-FN-Lrelative to the registration of antique trailers.yea on otp
Why
•This bill improves equality and consistency of law by allowing trailers to be registered as antique regardless of the number of axles.
• Antique trailers are not used as frequently as newer trailers, so it’s right that registering an antique trailer should be less costly. - Anti-libertyHB 661-FNrelative to record keeping for sold or transferred animals and making certain technical corrections to the law governing the sale or transfer of animals.YEA ITL
Why
This bill burdens animal shelters with extensive new reporting requirements.
• This bill will increase the costs of shelters and other animal care facilities. The state should be
seeking to reduce red tape for these organizations, not increasing it.
• This bill expands the overly broad licensing requirements in RSA 437, which can be interpreted
to affect non-professionals. - Pro-libertyHB 668-FNrelative to expense deductions under the business profits tax.YEA OTP/A
Why
This bill better aligns NH capital expense deductions with federal provisions.
• NH currently allows only up to $25K in deductions for capital expenses in the first year. This bill removes the state limit and aligns the calculation with IRS rules simplifying compliance costs.
• At least 37 other states already allow deductions over $100K, and 33 allow deductions up to
$500K (http://taxfoundation.org/).
• This bill encourages businesses to move to NH, and incentivizes existing NH companies to make
significant investments for future growth, which benefits all NH residents.
• In the long term the impact is largely revenue neutral as any portion of the taxpayer's federal IRC section 179 deduction that is disallowed on the New Hampshire return may be deducted as regular depreciation over several years under the relevant IRC depreciation provision however allowing business to more fully deduct capital expenses in the year they are made increases the probability of capital investment and growth in NH.
• NH legislators should work to make NH business friendly, rather than driving them away with
excessive taxes. - Pro-libertySB 324eliminating the land use board, establishing an advisory board, and requiring approval of federal land acquisitions by the governor, executive council, and general court.OTP/A
Why
This bill updates a neglected state law, RSA 121 which provides oversight and regulation of certain federal land acquisitions.
* RSA 121 has been neglected for decades, ignoring the will of the General Court.
* This bill replaces obsolete language, assigning authority to the appropriate modern agency. It could almost be called a "Housekeeping Bill" if the subject matter were not so important.
* The original law, and this update, place reasonable limits on certain federal land aquisitions. This is wise policy, as evidenced by the many problems now facing many western states.
* Even though limits are set, there is an exception that allows local control. If the voters of a municipality decide to cede more of their landmass to the federal government, they can vote to do so. - Pro-libertySB 336relative to the qualifications for obtaining a license to carry a concealed pistol or revolver.YEA OTP/A
Why
This bill ensures that any citizen who is legally allowed to own a firearm may be
issued a concealed weapons license.• This bill as amended removes the ambiguity of a "suitable person", which encourages profiling, and has in the past been used for ethnic, racial, and gender discrimination and replaces it with a prohibition based on whether applicant is allowed to possess a firearm under state or federal statute.
• The language replacing “suitable” is identical to that contained in SB 116 which passed both
Houses in 2015, and to HB 582 which passed the House earlier this session.
• There is a demonstrated need for this legislation. Citizens have been arbitrarily denied their right to
obtain or renew their license and then forced to seek legal counsel to exercise a basic right. As
recently as 2015 a NH woman was denied the right to defend herself for 112 days after an arbitrary
decision by a local police chief. While the chief's decision was overturned almost immediately upon
the case being heard, the prolonged and expensive legal battle is an unfortunately common
outcome of the current law. - Pro-libertySB 342-FNmaking certain changes to business profits tax provisions affecting a business organization when owners sell or exchange ownership interests in the business.OTP/A
Why
This bill changes NH law to prevent taxing business on phantom gains caused by exchange of assets that are not owned by the business.
* Current NH law can be interpreted as imposing a business profits tax on LLCs or partnerships that have received no gain when one of the partners leaves and transfers ownership to another entity. We are the only state that does this.
* This unfairly discriminiates between LLCs and corporations discouraging innovation for small start-ups in the state. - Anti-libertySB 347enabling the state and municipalities to adopt laws and ordinances regulating attire on state and municipal property.nay on otp/a
Why
This bill allows municipalities to regulate attire.
• Municipalities should not be in the business of regulating attire.
• Allow municipalities to further regulate attire is anti-first ammendment and could open them up to a lawsuit in the future. - Pro-libertySB 365relative to traffic control measures.nay on itl
Why
• There is no evidence that police officers do a better job than non-police flaggers.
• Allowing non-police flaggers will reduce the cost of maintenance and the savings will be passed to NH utility customers
• This bill does not reduce the safety of workers or the public. It's a common sense approach to allow options in areas that don't require the extra level of attention.
• Companies shouldn't be held hostage to pay three times the amount for police flaggers in rural areas with little traffic. - Pro-libertySB 391relative to annulment of certain misdemeanor offenses.YEA OTP
Why
This bill reduces the waiting period for petition for the annulment of a misdemeanor
- Anti-libertySB 408-FN-Arelative to funding for the children’s savings account program.YEA ITL
Why
This bill provides funding to fund savings accounts for all children born in Manchester or Coos county.
• This type of program can be accomplished 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. - Anti-libertySB 481-FNrelative to a special health care service license and establishing a fundNAY OTP
Why
This bill contains provisions designed to create or protect health care service monopolies in the
state, by limiting competition and preventing competitive price pressures.• Granting power to the state commissioner of health and human services to make a determination
of the need for new facilities effectively enshrines crony capitalism into state law.
• This bill requires all new medical facilities to provide 24/7 emergency services, but exempts
existing medical facilities from this requirement, thereby further raising the barrier to entry for new
service providers, while shielding existing providers from fair competition. - Anti-libertySB 488-FN-LRequiring reasonable accommodations for pregnant workers.Nay OTP/A
Why
This bill creates new mandates on businesses
• Many businesses do not have and cannot afford to create “private, non bathroom spaces” for
employees, or afford many of the other costly mandates contained in this bill.
• Use of vague exceptions that place the burden of proof on the business is a recipe for lawsuits.
• Job benefits should be negotiated between an employee and an employer, not mandated by
legislators. If a business does not offer attractive benefits, employees may seek work elsewhere.
• The costly mandates contained in this bill will deter businesses from hiring young women of child
bearing age, particularly for entry level or early career work.
• NH licensing and regulatory requirements are already far too arduous. In order to improve the NH
economy, and encourage innovation and entrepreneurship, legislators should be working to lessen
regulatory burdens, not expand them. - Anti-libertySB 496-FNrelative to personal care attendant servicesNAY OTP
Why
This bill increases health care costs for PCA services in NH.
• This bill requires personal care attendants provide “access to the community” and “non-medical
transportation” — services for which they may not be equipped.
• "Access to the community” is vague and could open personal care attendants up to frivolous
lawsuits. - Anti-libertySB 503-FN-Arelative to pre-kindergarten education using “pay for success” financingNAY on OTP/A
Why
This is similar to SB 69 (2015), but takes it a major step further. Instead of a study committee like last year, the current bill would create a commission to implement a public preschool program funded through “pay for success” or social impact bonds (SIBs). This new kind of funding for social policy change has not demonstrated success. The first program of this type, a NYC program to help teenage inmates was an official failure. Currently Utah has a “pay for success” early education program in place, but their boasts were determined to be inflated due to poorly defined goals. These “pay for success” experiments are still unproven to justify a launch in New Hampshire. The bill's fiscal note is for $10M to support a grade level outside compulsory attendance. NH has many other important commitments to our public education system than to support an optional and experimental program. To complicate the proposal even more, the federal Health and Human Services (HHS) admits in a 2012 report that the longest running federal preschool program, Head Start, is a dismal failure. These early childhood programs do not produce long-term gains for our youngest learners. The preschool programs that showed success were exorbitantly expensive and in small studies that do not scale to a statewide program.
- Anti-libertySB 515-FNrelative to child neglect and other changes to the child protection act.NAY OTP
Why
This bill allows the unchallenged assertions of a single medical professional to shift the burden of proof for child neglect from the state to the mother.
* While the instinct to look out for vulnerable children in society is noble, this bill goes too far by presuming a mothers neglect based only on a medical diagnosis that has not been subject to cross examination or judicial review.
* The bill places no limits on who may make the diagnosis meaning that a first year nurse practitioner error could result in undo harm and stress on a mother and her newborn baby. - Anti-libertySB 521-FNrelative to an OHRV registration fee for persons who are members of an OHRV club.NAY OTP
Why
This bill steeply increases OHRV registration fees, especially for those who choose not to join clubs.
• This bill favors certain clubs over others. Different fees for different club affiliations creates a class
system, and could hurt non approved clubs and their membership.
• OHRV riders should not be punished with higher registration fees because they choose not to
become members of an approved non profit club.
• The $30 increase is too steep and will hurt OHRV tourism. - Anti-libertySB 533-FN-A-Lrelative to the governor’s commission on alcohol and drug abuse prevention, treatment, and recovery and making supplemental appropriations to the commission, the department of justice, and the department of health and human services.NAY OTP/A
Why
This bill expands the current failed approach to the war on drugs and
perpetuates failed policies already signed into law.* The Governor’s Commission on Alcohol and Drug Abuse Prevention, Treatment, and Recovery
has been in operation since 2000, while NH watches the heroin epidemic grow and expand, taking
the life of one Granite Stater every day last year. The State would be wise to wait to see results
from recently implemented programs before throwing yet more taxpayer dollars at the issue. - Pro-libertySB 552-FNrelative to application of the Internal Revenue Code to provisions of the business profits tax.YEA OTP
Why
This bill allows New Hampshire companies to more accurately reflect expenses, particularly for capital investments, with regards to the business profits tax.
• NH currently allows only up to $25K in deductions; this bill would use the federal limit of $500K.
• At least 37 other states already allow deductions over $100K, and 33 allow deductions up to
$500K. (http://taxfoundation.org/).
• This bill encourages businesses to move to NH, and incentivizes existing NH companies to make
significant investments for future growth, which benefits all NH residents.
• NH legislators should work to make NH business friendly, rather than driving them away with
excessive taxes.
40 bills with no position.
Wednesday, March 23, 2016 · House · 12 positions
- Anti-libertyHB 1120relative to teacher qualifications at charter schoolsYEA on ITL
Why
This bill mandates that all teachers at NH charter schools must be credentialed by the state.
• Currently, charter schools are permitted to consider qualified non-traditional candidates who may
bring a valuable and diverse perspective to the teaching profession. This is exactly the kind of
flexibility that has made charter schools more successful than school districts.
• By increasing protectionism and artificial barriers to entry, this bill would raise education costs.
• It is often difficult to find certified STEM field teachers while a large pool of industry STEM experts
without certification are available who could potentially do a better job than available candidates
with an arbitrary certificate. - Pro-libertyHB 1143relative to showing a ballot.NAY ITL
Why
This bill repeals the current prohibition on sharing photos of a ballot.
• RSA 659:35 infringes on freedom of speech, and violates both section 1 article 22 of the NH
constitution and the first amendment to the US constitution.
• Current law has already been ruled unconstitutional by a federal court.
• 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.
• The legislature doesn’t need to wait for judicial action before rectifying an unconstitutional statute. - Pro-libertyHB 1153prohibiting a political subdivision from adopting residency restrictions on sex offenders.YEA OTP
Why
This bill improves government transparency.
•There are alreay many restrictions on where a registered offender can live. These types of restrictions can force people out of affordable housing and sometimes result in homelessness.
•Such restrictions are an infringement upon fundamental private property rights and do nothing to actually protect victims.
•Limitations on residency can force people on the registry further from the support networks they need
the most: jobs, therapy, and public transportation, making it more difficult to re-assimilate into society. - Pro-libertyHB 1229prohibiting the inclusion of statewide assessment results in a student’s transcript without consent.YEA OTP
Why
This bill gives control over assessment results to students and parents.
• Statewide assessments were designed to measure overall school performance, and are not
designed as a measurement of individual student performance.
• Students should not be held accountable to an assessment that changes from year to year and
may be based on standards that are not fully implemented. - Pro-libertyHB 1231relative to school district policy regarding objectionable course materialYEA OTP/A
Why
This bill requires districts to notify parents before covering certain
controversial or sensitive topics.• The bill provides an opt-out for parents who do not wish their children to participate.
• This bill respects the right of parents to direct the education of their children. - Anti-libertyHB 1243-FN-LOCALrelative to storm water or sewage penalties.NAY OTP
Why
This bill infringes on due process and unfairly shifts the balance of power in
favor of municipalities, over property owners.* By including language; 'Each day a violation continues shall be a separate offense', a municipality
can set a fine at $1500 for multiple days and thereby avoid a jury trial for fines over $1500 as
required by constitution. So, a violation ongoing for 20 days would subject the violator to a $30,000
fine and no possibility of a jury trial.
* Contrary to the normal 'may' award, this bill states the court 'shall' award to the municipality if they
prevail.
* As the minority report notes, this bill awards attorney fees only to the municipality if it prevails in
the litigation and not to the homeowner if he or she prevails, and provides that a municipality can
request the homeowner/defendant post a “bond,” for projected expenses, which is normally posted
by the plaintiff, not the defendant. - Pro-libertyHB 1338relative to student exemption from the statewide assessmentYEA OTP
Why
This bill allows parents to opt their children out of the statewide assessment.
• Parents have a right to direct the education of their children.
• 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.
• The new federal law, ESSA, recognizes parents’ right to opt out. - Pro-libertyHB 1393requiring the department of education to report statewide assessment results for school districts receiving certain state aidNAY ITL
Why
This bill improves government transparency.
• The Department received over $8 million dollars to organize student level data into a state database, including statewide assessment scores for students.
• The legislature must review statewide assessment results for students receiving differential adequacy funding to ensure that scarce education funds are being used effectively. - Pro-libertyHB 1610-FNlegalizing the possession and cultivation of marijuana for personal useNAY ITL
Why
This bill respects self-ownership, and reduces the harm of the drug war.
• The NH Constitution provides that “all penalties ought to be proportioned to the nature of the
offense,” but our state penalties for marijuana possession are no longer supported by public
opinion and are far more severe than those of most nearby states.
• 60% of NH citizens support the legalization of recreational marijuana, and 72% support
decriminalization (WMUR Poll 7/15).
• Legalization would not only prevent innocent people from having their lives significantly impacted
by minor possession arrests, but would also reduce the expense of the criminal justice system,
allowing police and prosecutors to focus on serious crimes where innocent people have been
victimized.
• There is no evidence that reducing or eliminating marijuana penalties has led to negative
outcomes in the states where it has been tried. In fact, harm reduction will be achieved by allowing
adults to grow and share a much less harmful alternative to opioids and alcohol. When allowed as
a substitute 68% of prescribed medicine users chose the less harmful option; cannabis.
• Contrary to often told story, cannabis is an 'exit' drug not a 'gateway'. It is a fact that opioid users,
isolated due to the criminality of the drug, can and have used cannabis to break their addiction.
• This bill would take millions of dollars, not to mention many customers, out of the hands of illicit
street dealers.
• This bill does not violate Federal law, it is in fact the law that has been in place in our nation's
capital for the past year. - Pro-libertyHB 1681-FN(New Title) relative to hypodermic syringes and needles containing residual amounts of controlled drugs.YEA OTP
Why
This bill reduces the harm of the war on drugs, by allowing for safe disposal of
hypodermic needles.• People are more likely to safely dispose of needles if they aren’t in danger of arrest.
• Allowing easier access to clean needles will help prevent the spread of dangerous and costly
diseases, including hepatitis and HIV.
• Penalizing addicts for possession of a used syringe is a failed approach, which does not help them
and endangers the community.
• This bill allows charities to create needle-exchange programs, which have a proven track record of
reducing the harm of drug addiction (Steffanie A. Strathdee1 and David Vlahov, AIDScience Vol. 1,
No. 16, December 2001, also: https://goo.gl/Q1wQYp, more: http://goo.gl/hWuJoa) - Anti-libertyHB 602-FNrelative to the use of drones.YEA ITL
Why
This bill creates arbitrary restrictions on the private use of drones while allowing
government wide latitude.• Creating wide ranging restrictions on a new technology risks stifling innovation. New Hampshire
residents would be better served by a legislature that narrowly addresses specific problems.
• This bill's definition of drone is too vague. Drones are available in many sizes; it is impractical for an owner to inscribe name, address, and phone number on even a small indoor toy drone or helicopter. The FAA has enacted rules regarding drones and has exempted small lightweight drones that cause no harm.
• 644-A:7 as inserted by this bill creates a federal premption, and allows federal agencies to violate the rights of NH residents.
• This bill allows for the weaponizing of drones by NH police departments for the purposes of crowd control, and allows several broad loopholes under which police need not obtain a warrant for drone surveillance. - Pro-libertyHB 636-FNrelative to forfeiture of property.YEA OTP
Why
This important bill protects the rights of NH residents to due process.
• Oppose committee amendment 2016-0885h. If amendment passes, support OTP/A.
*Civil asset forfeiture involves the taking of property from a person who has not been convicted, or
often even charged, with a crime. This bill corrects the injustices in current law, and protects due
process, by requiring a criminal conviction prior to forfeiture of assets, and “clear and convincing
evidence” on the part of the state.
* This bill ensures that property is returned to innocent property owners in a timely manner, and that
they have recourse when it is not.
* This bill greatly reduces perverse incentives and appearances of impropriety by providing that
proceeds from asset forfeiture no longer flow directly to the government agencies pursuing the
forfeiture.
26 bills with no position.
Thursday, March 17, 2016 · Senate · 9 positions
- Pro-libertyHB 500repealing the prohibition on the use of silencing devices for taking wildlife.Yea OTP/A
Why
* The ability to hear game is an important component to the sport of hunting, so many hunters choose to not wear ear protection. Suppressors protect the shooter from hearing loss because the reduction of noise is enough to no longer cause damage.
* Current law unfarily discriminates against people that choose the sport of hunting over the sport of target shooting. The use of suppressors is already legal for target shooters persuing their sport on the same exact tracts of land that hunters use.
* Citizens that live in the vicinity of hunting grounds often complain about sound of gun fire in the early morning hours when hunting is popular. The use of a suppressor is a compromise that addresses that concern.
* A suppressor does not make the discharge of a firearm silent (dispite it's alternate name "silencer"). The sound can still be heard from a significant distance, so the use of suppressors does not compromise safety, or put the game at a disadvantage. - Pro-libertySB 345relative to the definition of agritourism.YEA OTP/A
Why
This bill modestly protects the rights of some property owners by adding agritoruism to the list of land use activities partially protected under existing law.
* Existing law states that local zoning regulations on agricultural lands shall not be unreasonably limited by use of municipal planning and zoning powers or by the unreasonable interpretation of such powers. This bill clarifies that agritorism is a usage of land that ought not be unreasonably limited.
* All reasonable usege of property by its owners should be protected however this is a very small step in the right direction. - Pro-libertySB 350establishing a moratorium on federal land acquisition pending a study by the department of resources and economic development.Nay on Interim Study Yea on OTP
Why
This bill directs DRED to study repeated and ongoing violations of existing state law RSA 121. It also halts all real estate transactions to which this law applies.
*Existing state law, RSA 121 is being ignored and has been for decades. A study is needed to find out how it has been violated. This is the first small step in correcting the matter.
* This bill doesn't propose any new law, it should not be controversial to research if the state is breaking its own laws.
* Interim Study is not the proper procedure, we don't need a study to study the proposed study.
* If any state law is to be taken seriously, effort should be made to ensure they are all being taken seriously. Citizens are expected to follow laws enacted by the legislature, the state loses credibility when it fails to follow the same set of laws. - Anti-libertySB 401-FNrelative to insurance coverage for prescription eye drops.NAY OTP
Why
This bill mandates the manner in which an insurance company must allow for one early refill of prescription eye-drops.
* This bill expands state law in order to micormanage trivial details of early refills of prescription eye-drops.
* Attempting to legislate that which should be determined by the market is wasteful and unlikely to even achieve the desired outcome. For example the bill goes into painful detail about the manner and timeframe for early renewal of 30 and 90 day prescriptions but if a product were dispensed with a 45 day prescription, it would not be covered by the law.
* The bill could result in a coverage gap if a consumer uses all refills prior to obtaining another prescription. - Anti-libertySB 416relative to flexible working arrangements in employment.Nay OTP/A (or DNI, this isnt that bad)
Why
* Employers and employees should be free to agree upon and terminate employment for any reason.
* This bill is unnecessary, as the market provides protection for both employers and employees. If employers terminate employees capricously they will not be able to retain or attract talent. If employees terminate their employment frequently they will have difficulty convincing employers of hiring them. - Anti-libertySB 475-FNrequiring law enforcement agencies to file crime reports with the department of safety.NAY OTP
Why
This bill places a mandate on local law enforcement agencies to file crime reports with the department of safety.
* Violates [Art.] 28-a. [Mandated Programs.] The state shall not mandate or assign any new, expanded or modified programs or responsibilities to any political subdivision in such a way as to necessitate additional local expenditures by the political subdivision unless such programs or responsibilities are fully funded by the state or unless such programs or responsibilities are approved for funding by a vote of the local legislative body of the political subdivision.
* Most localities are already voluntarily providing the data. - Anti-libertySB 488-FN-LRequiring reasonable accommodations for pregnant workers.Nay OTP/A
Why
This bill creates new mandates on businesses
• Many businesses do not have and cannot afford to create “private, non bathroom spaces” for
employees, or afford many of the other costly mandates contained in this bill.
• Use of vague exceptions that place the burden of proof on the business is a recipe for lawsuits.
• Job benefits should be negotiated between an employee and an employer, not mandated by
legislators. If a business does not offer attractive benefits, employees may seek work elsewhere.
• The costly mandates contained in this bill will further deter businesses from hiring young women of
child bearing age, particularly for entry level or early career work.
• NH licensing and regulatory requirements are already far too arduous. In order to improve the NH
economy, and encourage innovation and entrepreneurship, legislators should be working to lessen
regulatory burdens, not worsen them. - Pro-libertySB 494-FN-Alimiting an exemption from the road toll.YEA OTP
Why
This bill repeals provisions of the law that forces NH taxpayers to subsidize federal government, non-military travel on NH roads.
• The federal government should help pay for the upkeep of the roads they are using
• A government vehicle wears on the roads just as much, and in some cases more, than a private
vehicle.
• This bill is a step in the right direction, and will increase revenue for NH roads without further
taxing NH drivers. - Anti-libertySB 551-FN-A-Lestablishing video lottery and table gaming at one locationNAY OTP
Why
This bill enables the creation of a state mandated single provider monoply in video lottery and table gaming.
• It legislates a monopoly to one private provider which is unconstitutional under Part II, Article 83 of the New
Hampshire Constitution.
• The state should not be in the business of choosing winners or losers; all businesses should be allowed to
compete in a free market. An improvement would be modeling the casino licenses after other business
licenses, e.g., liquor licenses, that are available to any qualified applicant.
• The tax rates on gaming revenues in this bill could be considered usurious; they should be no different than
other business taxes.
• The Legislature should be looking at creative ways to reduce the size, scope, and cost of state
government, not large new revenue sources.
18 bills with no position.
Thursday, March 10, 2016 · Senate · 8 positions
- Anti-libertyHB 359allowing all municipalities to adopt the property tax exemption to foster commercial and industrial construction.YEA ITL
Why
This bill allows municipalities to play favorites, forcing some property owners to subsidize others.
* This bill encourages cronyism. All companies in all industries should have lower tax rates to encourage growth and long lasting job creation in NH.
* Favoring certain industries or businesses with lower tax rates discourages businesses of other industries from coming to NH.
* The legislature, to encourage economic growth, should focus on reducing the arduous regulatory and tax burden on NH businesses. - Pro-libertySB 358relative to use of navigation devices in motor vehicles.YEA OTP/A
Why
This bill recognizes the right of drivers to use navigation systems.
* This is a good common sense first step in fixing the hands free law.
* There are many distractions while driving and we can't legislate all of them. Using a mounted or built in gps is no more dangerous than changing radio stations.
* The hands free law went too far in restricting what drivers can do in their own vehicles. This bill helps give drivers the freedom to use their property as it was intended without the fear of being pulled over and ticketed. - Anti-libertySB 488-FN-Lrequiring reasonable accommodations for pregnant workers.NAY OTP/A
Why
This bill creates new mandates on businesses
* Many businesses do not have and cannot afford to create "private, non bathroom spaces" for employees, or afford many of the other costly mandates contained in this bill.
* Use of vague exceptions that place the burden of proof on the business is a recipe for lawsuits.
* Job benefits should be negotiated between an employee and an employer, not mandated by legislators. If a business does not offer attractive benefits, employees may seek work elsewhere.
* The costly mandates contained in this bill will further deter businesses from hiring young women ofchild bearing age, particularly for entry level or early career work.
* NH licensing and regulatory requirements are already far too arduous. In order to improve the NH economy, and encourage innovation and entrepreneurship, legislators should be working to lessen regulatory burdens, not worsen them. - Anti-libertySB 500-FNrelative to student health insurance plans.NAY OTP
Why
This bill mandates new procedures for educational entities that operate self-funded student health insurance plans.
* This bill is attempting to address a problem that does not exist. There are sufficient consumer protections already in place for students covered under these plans.
* The state should not insert itself where it is not needed. A free market in health insurance better serves customers than ever-expanding state mandates and regulations.
* College costs and health care costs continue to rise faster than inflation year over year. Overregulation, which this bill exemplifies, is a big part of the problem. - Anti-libertySB 523-FNrelative to the controlled drug prescription health and safety program.NAY OTP/A
Why
This bill puts the government between doctors and patients.
* Patients facing chronic pain already have enough trouble receiving effective treatment. This new mandate removes discretion from trained medical professionals and forces them to treat chronic pain patients as if they are drug seeking addicts.
* Legislators should be seeking to reduce the already costly and extensive interferences by government into medical care, not expand them.
* The provisions that allow for 'random' drug testing are too broad and could be interpreted as allowing the doctor to demand a drug test at any time. This would further disrupt the life and livelihood of a patient. - Anti-libertySB 531-FNextending the New Hampshire health protection act.YEA ITL
Why
This bill extends and expands a massive new entitlement program.
* This bill eliminates the existing sunset provision for Medicaid Expansion.
* Medicaid Expansion is a welfare program for able-bodied adults in their working years. The medical insurance provided has features such as no premiums, no deductibles and non-emergency transportation benefits that are simply not available to workers with full-time jobs. These benefits create a strong disincentive to full-time employment and career advancement.
* Federal money always comes with strings attached, and it is not free. The national debt is approaching $20 trillion.
* The Federal government will not keep its promises. As federal money dries up, costs will fall squarely on the State’s General Fund, which will only be able to support it through a new broad based tax, such as a sales or income tax, thereby destroying what remains of the New Hampshire Advantage.
* A free market approach to health care should be the main priority of the legislature. This is the only way to sustainably lower costs and increase access for the majority of Granite Staters - Anti-libertySB 533-FN-A-Lrelative to drug law enforcement and penalties, insurance coverage for substance use disorders, a statewide drug court grant program, and drug abuse prevention; and making appropriations therefor.YEA ITL
Why
This bill expands the current failed approach to the war on drugs and perpetuates failed policies already signed into law.
* The Governor’s Commission on Alcohol and Drug Abuse Prevention, Treatment, and Recovery has been in operation since 2000, while NH watches the heroin epidemic grow and expand, taking the life of one Granite Stater every day last year. The State would be wise to wait to see results from recently implemented programs before throwing yet more taxpayer dollars at the issue.
* Wires are crossed in this legislation, which aims to both convict addicts and provide treatment to addicts. It is doubtful that this legislation, if passed, would accomplish anything of measure or value. - Anti-libertySB 543-FNrelative to private transferring of adopted children.NAY OTP/A
Why
This bill requires parents to utilize adoption procedures of existing law for transferring children for adoption.
* The language of the bill is unclear and could result in parents being prosecuted for giving physical custody to a grandparent. It is not uncommon for parents to encounter circumstances that require physical transfer of custody for indeterminate time periods, which could easily be viewed as intent for permanent transfer.
* A parent who becomes ill with a terminal disease and who transfers physical custody to a grandparent should not be at risk of prosecution after 6 months.
* Asserting that a parent who is utilizing non-traditional means to arrange long term or indeterminate term childcare is guilty of endangering the welfare of the child is inappropriate without taking into account the circumstances of the transfer.
* The complexity and significant expense of the processes outlined in Chapter 170-B represent a real deterrent to completely valid adoptions. Legislators should seek to lessen the difficulty and expense of adoption, rather than universally mandate bureaucracy.
Wednesday, March 9, 2016 · House · 65 positions
- Pro-libertyCACR 16relating to parental rights. Providing that parents have the natural right to control the health, education, and welfare of their children.YEA OTP
Why
This bill recognizes the right of parents to make decisions about the health, education, and welfare of their children.
* Decisions about child-rearing are the responsibility of parents, not the state.
* This constitutional amendment makes parental rights, which our state supreme court has recognized as implicit in Part I, Article 2, explicit in a separate Part I, Article 2-b. - Pro-libertyCACR 22relating to the right to privacy. Providing that an individual’s right to live free from governmental interference is fundamental.YEA OTP/A
Why
This resolution formalizes the right to privacy in the NH constitution.
* While courts have held in the past that privacy is a fundamental right, the lack of explicit protection within the constitution increases the risk that future decisions could deviate from this finding.
* The amendment is an improvement to the original language. - Pro-libertyHB 1104relative to electric renewable energy classes.NAY ITL
Why
This bill makes modest changes to renewable energy portfolio standards to allow hydropower to make up a larger share of the renewable energy portfolio.
* Renewable energy portfolio standards raise New Hampshire's already-high electric costs by requiring retailers to use more expensive sources of electricity. Since RGGI already encourages utilities to reduce carbon emissions, these standards are at best redundant and, more likely, inefficient command-and-control.
* This bill slightly relaxes these regulations by admitting more hydroelectric power as a source meeting the goal. It should reduce electric costs and improve New Hampshire's competitiveness.
* The Committee majority opinion is that his may hurt NH based biomass companies that have been profitable when shielded from competition by existing law. While a thriving business entity is admirable, a company that thrives only when shielded from fair and responsible competition is not sustainable. - Anti-libertyHB 1120relative to teacher qualifications at charter schools.YEA ITL
Why
This bill mandates that all teachers at NH charter schools must be credentialed by the state.
* Currently, charter schools are permitted to consider non-traditional candidates for teaching positions. This allows school administrators to consider qualified non-traditional candidates who may bring a valuable and diverse perspective to the teaching profession, and is exactly the kind of flexibility that has made charter schools more successful than school districts.
* By increasing protectionism and artificial barriers to entry, this bill would raise education costs.
* It is often difficult to find certified STEM field teachers while a large pool of industry STEM experts without certification are available who could potentially do a better job than available candidates with an arbitrary certificate. - Pro-libertyHB 1125requiring law enforcement officers to return stolen property.NAY ITL
Why
This bill ensures crime victims may have certain property returned to them within 48 hours of its recovery by police.
* Victims of theft rightfully own their property, and should be given the opportunity to recover it at the earliest moment possible.
* The bill provides that photographs of the stolen property shall be admissible as secondary evidence at trial.
* A stolen phone may have critical information to the victim, received both before and after the item was stolen.
* While the committee’s majority expressed concern over the ability of the police to fully document the evidence within 48 hours, this concern is outweighed by the need to prevent further damage to the victim of the crime. The law contains the option for the police to request an extension from the victim. The state should not further victimize a citizen who has already been negatively impacted by theft. - Pro-libertyHB 1132relative to carrying a rifle or shotgun in certain vehicles.YEA OTP/A
Why
This bill allows hunters and sportsmen to have ammunition in their guns in their vehicles, so long as the safety is on, and the chamber empty
* This common sense gun law reduces this risk of a citizen being charged with a crime when transporting a weapon in a safe and secure manner.
* This bill enhances safety by reducing the number of times the weapon is unloaded and reloaded.
* This bill retains the existing restriction on hunting from a motor vehicle, OHRV, snowmobile, boat, or aircraft. - Anti-libertyHB 1154-FNauthorizing and regulating the use of license plate scanning devices.NAY OTP/A
Why
This bill violates personal privacy and civil liberties to travel freely
* Blanket surveillance by the state government is rife with potential misuse and abuse. There is no way to ensure that the data won't be improperly shared.
* It has been shown in other states that there are many false positives on license readers, leading to infringements on driver freedom and personal liberty.
* In December 2013, the Boston police stopped using automated license plate readers. They found them ineffective, prone to error, open to hacking, and a waste of taxpayer dollars. Boston Police have no plans to resume using license plate scanners, as noted in the explosive media coverage of this failed program.
* The NH constitution clearly prohibits warrantless searches in Part I, Art. 19: "Every subject hath a right to be secure from all unreasonable searches and seizures of his person, his houses, his papers, and all his possessions...." The 4th Amendment to the US constitution gives the same restriction on the federal government.
* While the bill would impose a mandate that non-targeted plate data would be destroyed within 3 minutes, the need to have these devices networked to receive 'alarms' authorizing collections mean that the data will almost certainly be compromised. Large federal agencies including those charged with the responsibility of retaining detailed personal background data have shown that they are unable to prevent long-standing hacks and backdoors. - Pro-libertyHB 1187-FN-LOCALrepealing licensure of showmen.NAY ITL
Why
This bill repeals licensing requirements for showmen.
* The current law is dated, unnecessary and overly broad, going so far as to make it illegal for a clown or a magician to perform even at a private event, including a child’s birthday party, without permission from the selectmen.
* Ventriloquists, puppeteers, sleight of hand magicians, and other showmen should not be required to get a permission slip in order to transact in voluntary commerce. Existing fire codes and certificates of occupancy are more than adequate to ensure the safety of the public.
* While local control is generally preferable to state or national mandates, the higher principle is that of individual liberty. Indeed, the most "local" governance of all is the governance of an individual over his or her own life and property. - Pro-libertyHB 1188relative to the brew pub licenseYEA OTP
Why
This bill adds cider to the list of alcoholic beverages that can be served by the holder of a brewpub license.
* Ciders and beer are similar both in terms of the process to create them as well as the risks inherent in their use. There is no compelling argument to have a unique licensing regime for ciders.
* Local brewpubs have been one of the great successes in NH business, since the previous restrictive laws were updated for the 21st century. This modest improvement in the law will help support a locally grown 'farm to glass' business model that allows NH to highlight products created from locally grown fruits. - Anti-libertyHB 1192-FNrepealing the education tax credit.YEA ITL
Why
This bill would repeal the successful K-12 scholarship program.
* This bill represents a third attempt at repeal since the Education Tax Credit Scholarship program went into effect.
* The Education Tax Credit Scholarship program has helped many families have access to better educational opportunities.
* Similar tax-credit scholarship programs have been deemed Constitutional by their home states and by the US Supreme Court.
* Free choice by families and students is the very best form of accountability, and leads to the best outcomes. By contrast, one size fits all centralized government control of education has led to spiraling administrative costs and worsening outcomes.
* Education should serve the interests of students, not government unions. - Pro-libertyHB 1227repealing provisions of law regulating Sunday business activities.YEA OTP/A
Why
This bill removes an unnecessary prohibition on Sunday business activities
* This bill repeals outdated laws prohibiting or regulating Sunday business activities and removes differing Sunday hours for bingo and games of chance.
* Existing laws banning business activities on Sundays are regularly and widely ignored, and do not align with common practices in the state. - Pro-libertyHB 1229prohibiting the inclusion of statewide assessment results in a student’s transcript without consentYEA OTP
Why
This bill gives control over assessment results to students and parents
* Statewide assessments were designed to measure overall school performance, not students.
* Students should not be held accountable to an assessment that changes from year to year and may be based on standards that are not fully implemented. - Pro-libertyHB 1231relative to school district policy regarding objectionable course material.YEA OTP/A
Why
This bill requires districts to notify parents before covering certain controversial or sensitive topics.
* This bill also provides an opt-out for parents who do not wish their children to participate.
* This bill respects the right of parents to direct the education of their children. - Pro-libertyHB 1232relative to visits to schools by non-academic government or private organizations.YEA OTP/A
Why
This bill requires districts to notify parents before outside, non-educational state agencies or private companies visit schools and classrooms.
* This bill provides an opt-out for parents who don’t wish their children to be part of the visit.
* This bill supports parental rights and improves privacy protections. - Pro-libertyHB 1236relative to hearings on modifications of parental rights and responsibilitiesYEA OTP/A
Why
This bill respects mutually agreeable compromises reached out of court
* This bill as amended provides that when the parties agree to a modification of parental rights and responsibilities, the court shall not hold a hearing on the modification unless requested by both parties.
* Mutually agreed-upon parenting plans are a win/win agreements that reduce stress for all involved including the children.
* This bill keeps un-coerced parenting agreements in the control of cooperating parents, avoiding unnecessary litigation and concomitant suffering. - Pro-libertyHB 1247relative to permitted gambling by private individuals.YEA OTP/A
Why
This bill allows the playing of poker games in a private residence.
* Currently NH law creates criminals of homeowners and their guests who happen to gather for an evening of recreational poker.
* This bill takes the reasonable step of legalizing poker in private residences, so long as there is no "house", "rake", or similar.
* Private, voluntary transactions between adults taking place on private property should not be prohibited by the state. - Pro-libertyHB 1249providing that persons who provide false or misleading information in an abuse or neglect proceeding shall be guilty of the crime of false swearing.NAY ITL
Why
This bill helps prevent families from being harmed by false accusations.
* As amended, this bill provides that a person who knowingly submits false or misleading information in abuse or neglect proceedings shall be guilty of the crime of false swearing.
* Allowing immunity for possibly false testimony is absurd and unjust.
* Children are being seriously harmed by false accusations in family law cases. This bill will place a barrier to false testimony and hidden evidence.
* This bill as amended does not create new penalties for providing false information, but it does explicitly link RSA 169 to RSA 641, and it clarifies which sections of the statute apply. It also provides a penalty for professionals involved in a case who hide exculpatory evidence. - Pro-libertyHB 1250relative to medical neglect of children.YEA OTP/A
Why
This bill defends parental rights
* This bill provides that a parent or legal guardian shall not be charged with abuse or neglect of a child’s need for medical care if they follow a recommended course of treatment from a licensed health care professional.
* This bill ensures that parents who have taken their child to the doctor and are following a prescribed treatment are not accused of medical neglect, even if the state identifies and orders an alternative treatment.
* When qualified experts disagree on the best course of treatment, a parent or guardian's ultimate decision should not be seconded guessed by the state. - Pro-libertyHB 1270relative to a jury’s determination as to the applicability of a law.YEA OTP/A
Why
This bill ensures jurors are clearly informed about their responsibilities.
* The power of prosecutors choose to not bring forward charges is called "prosecutorial discretion"; juries should understand that they have the same discretion.
* The language of the instruction merely reinforces law as we have always known it in New Hampshire; it clarifies the confusing language in the 'Wentworth' instruction in a way that is understandable to jurors. - Anti-libertyHB 1282relative to the state building code.YEA ITL
Why
This bill imposes new regulations on builders and homeowners.
* This bill proposes to adopt the 2015 International Building Code, 2015 International Plumbing Code, the 2015 International Mechanical Code, the 2015 International Energy Conservation Code, and the 2015 International Residential Code as the minimum standard for all new building construction as well as any commercial or residential renovations.
* Adopting these standards would implement an extensive list of burdensome new regulations, predominantly related to energy efficiency.
* Only 6 states have adopted this 2015 standard either at a state or local level.
* This legislation would add significant cost to taxpayers related to public infrastructure and in construction of private buildings. - Pro-libertyHB 1288relative to the National Guard force protection policy.YEA OTP/A
Why
This bill requires any force protection policy adopted by the New Hampshire national guard to permit guard members to carry concealed.
* Gun free zones have been targets of mass shootings. We shouldn't put National Guard members at risk by disarming them. These men and women have firearms training and should be allowed to exercise their right to bear arms if they choose.
- Anti-libertyHB 1300relative to the content of patriotic exercises in public schools.NAY OTP/A
Why
This bill requires public schools to dedicate up to two days each year to discuss the words, meaning and history of the Pledge of Allegiance and star Spangled Banner.
* The legislature shouldn't be dictating curriculum from Concord. Local school districts are in a better position to understand the educational needs of their students.
* While the suggested topics are culturally significant, requiring the same discussion twice each year throughout a public school career crowds out other significant and relevant topics such as the declaration of independence, the constitution, or other relevant topics. - Pro-libertyHB 1301relative to the issuance of youth employment certificates.YEA OTP/A
Why
This bill respects a parent's right to determine the satisfactory level of academic performance required for a youth certificate of employment.
* According to a Harvard Graduate School of education report (<a href="http://nrs.harvard.edu/urn-3:HUL.InstRepos:4740480">http://nrs.harvard.edu/urn-3:HUL.InstRepos:4740480</a>), teens who have good high school work experiences are more likely to be inspired to stay in school, graduate, and adopt ambitious goals.
* Existing law grants principals the exclusive right to approve work certificates. Parents, however, better understand the full set of challenges that the student faces outside of the school.
* Current law effectively requires homeschoolers to seek permission from the local school's principal who has no connection to the student's school work and performance. - Pro-libertyHB 1314limiting the authority of state entities to regulate the sale, use, and possession of firearmsNAY ITL
Why
Unless specifically referenced statute, the bill would allow firearms to be carried on the premises of any entity funded in whole or in part by the State of New Hampshire.
* The bill would allow on-carry open carry or concealed by license.
* The current law is ambiguous and some argue this is already legal. This bill would end any questions to the legality of legally possessing a firearm while on public property.
* If towns aren't allowed to prohibit guns in their offices, either by the public or town employees, state universities shouldn't be allowed to do the same.
* By disarming responsible gun owners, current policy puts students at risk when attending publicly funded colleges and universities. - Pro-libertyHB 1338relative to student exemption from the statewide assessment.YEA OTP
Why
This bill allows parents to opt their children out of the statewide assessment.
* Parents have a right to direct the education of their children.
* 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. The new federal law, ESSA, recognizes parents' right to opt out. - Anti-libertyHB 1339relative to the corporate governance annual disclosure act.NAY OTP/A
Why
This bill increases the regulatory burden on business
* This bill requires annual reporting of an insurer or insurance group’s corporate governance structure, policies and practices to permit the commissioner to gain and maintain an understanding of the insurer’s corporate governance framework.
* This bill increases overhead and burden on insurance companies which will invariably be passed on to consumers through higher insurance rates. - Anti-libertyHB 1340relative to producer licensing.NAY OTP/A
Why
This bill requires that insurance producers complete certain education requirements every 2 years.
* This bill raises regulatory burdens on insurance producers by requiring biennial continuing education. This bill is a giveaway to schools providing the mandated education. There is no guarantee that the mandates will increase the productivity or ethics of insurance producers.
* If insurance producers want to increase their productivity, they can already seek out additional training. Additional regulatory burdens on licensed professions reduce the supply of providers, raising costs and limiting choice for consumers. - Anti-libertyHB 1342prohibiting the use of certain information to underwrite insurance.YEA ITL
Why
This bill increases the regulatory burden on business.
* This bill would prevent insurance companies from utilizing data that may accurately represent claims risk when setting premiums.
* This bill significantly increases price controls in personal auto insurance. Auto insurers should be free to underwrite insurance policies according to the estimated risk posed by the insured. Politically manipulating insurance companies' prices will likely result in more people having to go to the residual market and/or higher premiums for everyone.
* This bill prohibits the usage of education level and occupation information when determining rates for casualty insurance. This will cause broad based increases in insurance costs. - Anti-libertyHB 1346relative to minimum wage for tipped employees.YEA ITL
Why
This bill establishes and raises a minimum wage for tipped employees.
* Minimum wage laws lower the number of entry-level jobs and make it harder for people of low skill to gain critical experience (<a href="https://www.cbo.gov/publication/44995">https://www.cbo.gov/publication/44995</a>)
* Workers and employers have a right to contract for whatever wage they wish. It is wrong for government to legally prohibit voluntary employment agreements.
* A better way to help tipped employees is to increase the productivity of hospitality workers by making the state more attractive to tourists and visitors. - Anti-libertyHB 1348repealing the exemption for certain transactions under the consumer protection act.YEA ITL
Why
This bill increases the regulatory burden on business.
* This bill removes the exemption from the consumer protection act for trade or commerce under the jurisdiction of financial institutions, insurance regulators of other state and federal banking or securities regulators.
* This is a bill to enrich trial lawyers by expanding the scope of consumer protection act to cover companies that are already federally regulated. The consumer protection act does not really protect consumers but makes products more expensive by making it easy to sue businesses for unintended harms.
* The AG already has the ability to enforce federal consumer protection regulations and need only notify the Consumer Final Protection Bureau of its intent to do so. - Anti-libertyHB 1358regulating engine idling of certain vehicles.YEA ITL
Why
This bill mandates maximum idle times for vehicles in various circumstances
* Both hybrids and many non-hybrid vehicles are now available with automated systems to manage idling, taking into account engine temperature, battery charge levels and other factors. Attempting to mange idle times through legislation is both archaic and ineffective.
* There are no exclusions in this bill for non-commercial vehicles running heat or air conditioning for passenger comfort, diesel commercial vehicles which have special requirements at low temperatures, or even disabled motorists facing dangerous temperature extremes.
* The legislature should not be micromanaging drivers. - Pro-libertyHB 1374relative to rebates to ratepayers from the renewable energy fund.NAY ITL
Why
This bill rebates money paid into the renewable energy fund back to ratepayers.
* This bill rebates the proceeds of the renewable energy fund to ratepayers, thus reducing the effective cost of electricity in New Hampshire.
* The bill reduces the opaque cronyism to which the current system is susceptible, which allows subsidies to particular firms and technologies. Direct subsidies to businesses are not 'pro-business' - they are instead pro-government interference in the market place, leading to a distortion of investment priorities with winners and losers picked not on the basis of how customers are served, but rather on the basis of how well a company can work the apparatus of the state. - Anti-libertyHB 1376relative to temporary workersYEA ITL
Why
This bill would mandate that employers offer permanent positions to temporary workers who have been working for the employer for six months.
* This bill would discourage employers from hiring temporary employees to begin with, or force them to fire successful temporary workers after five months on the job, if they are not in a position to hire a permanent employee.
* Workers and employers have a right to negotiate working arrangements. It is wrong for government to legally prohibit voluntary employment agreements.
* No other states have this must-hire mandate. Legislators should be seeking to reduce the already burdensome regulatory environment in NH, not make it even more arduous and complex. - Pro-libertyHB 1382relative to the referendum procedure for public water systems.YEA OTP
Why
This bill changes the required number of signatures to place a question on the ballot from 10% of registered voters to 20% of the voters voting in the last municipal election.
* The change will allow ballot access based on a meaningful percentage of voters who choose to actively participate in the electoral process rather than a percentage of citizens who are simply registered to vote.
* As the state works to simplify the voter registration process, the existing law could make the ballot process impractical as there is a risk that potential increases in voter registration may not translate into similar increases in engaged voters. This bill ensures that the ballot procedure is 'self-tuning' to the the number of citizens who actively participate in politics. - Pro-libertyHB 1393requiring the department of education to report statewide assessment results for school districts receiving certain state aid.NAY ITL
Why
This bill improves government transparency.
* The Department received over $8 million dollars to organize student level data into a state database, including statewide assessment scores for students.
* The legislature must review statewide assessment results for students receiving additional adequacy funding to ensure that scarce education funds are being used effectively. - Pro-libertyHB 1400defining suitable person for the purpose of obtaining a license to carry a firearm and extending the term of the license.NAY ITL
Why
This bill ensures that any citizen who is legally allowed to own a firearm may be issued a concealed weapons license.
* 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.
* The language replacing "suitable" is identical to that contained in SB 116 which passed both Houses in 2015, and to HB 582 which passed the House earlier this session.
* There is a demonstrated need for this legislation. Citizens have been arbitrarily denied their right to obtain or renew their license and then forced to seek legal counsel to exercise a basic right. As recently as 2015 a NH woman was denied the right to defend herself for 112 days after an arbitrary decision by a local police chief. While the chief's decision was overturned almost immediately upon he case being heard, the prolonged and expensive legal battle is an unfortunately common outcome of the current law. - Pro-libertyHB 1417relative to records of convenings of public bodies.NAY ITL
Why
This bill promotes government transparency.
* Under current law, public bodies may convene in "non-meetings", under certain circumstances, which are not only closed, but secret as well.
* The bill as amended would require that records be kept of "non-meetings" which would include: the specific exemption which is relied upon as the foundation for the "non-meeting," names of members, meeting places, and beginning and ending time.
* Providing the information outlined will calm fears of secret meetings and reduce further 91-A requests.
* This bill comports with Part I, Article 8 of the NH constitution. - Anti-libertyHB 1420relative to controlled drug prescription health and safety information.NAY OTP/A
Why
This bill would allow law enforcement to access patients' private health care information without a warrant from a court.
* This bill infringes on fundamental privacy rights, and violates part 1 article 19 of the NH constitution and the fourth amendment to the federal constitution.
* Medical information is extremely private, personal information. It is inappropriate for law enforcement to be given access to such data without a warrant from a judge.
* The majority blurb claims that "access may be denied", but no mechanism for denial of access is given, for a wide range of enforcement activities.
* "Quicker access" is a weak excuse for circumventing due process and violating fundamental liberties. - Pro-libertyHB 1435relative to enforcement of the prohibition on the use of mobile electronic devices while driving.NAY ITL
Why
This bill makes driving with a cell phone a secondary offense.
* Police shouldn't stop people who are not a danger and driving perfectly. This bill would help focus the police's attention on providing actual public safety.
* The current ban overreaches, by prohibiting speaking on a cell phone even while stopped in traffic or at a red light
* Studies show that bans on use of handheld devices while driving have had no effect on accident rates. (e.g. NE Burger, DT Kaffine, B Yu Transportation research part A: policy and practice 66, 162-172, and IIHS Status Report, Vol. 45, No. 2)
* Handheld phone bans cause some drivers to hide their phone use, by placing the phone in their lap and taking their eyes off the road, which is far more dangerous. - Pro-libertyHB 1440-FNrelative to certification for solid waste operators.NAY ITL
Why
This bill exempts volunteer and part-time solid waste operators from the certification requirement as long as they are under the direct supervision of certified personnel.
* This bill reduces the burden of regulation on small businesses, volunteer organizations, and local governments, in managing solid waste.
* As the minority committee opinion points out, current staff re-training requirements for solid waste operators are excessive when compared other occupations. While this bill does not broadly address over-certification issues it does provide a small improvement. - Pro-libertyHB 1442-FNrelative to objections to proposed agency rules under the administrative procedure act.NAY ITL
Why
This bill would allow the Joint Legislative Committee on Administrative Rules (JLCAR) to object to rules if they are deemed to have a negative impact on businesses.
* This bill provides an additional tool for the legislature to exercise a check on the administrative branch, as is its responsibility, and to protect the NH economy.
* The clause in RSA 541-A "determined not to be in the public interest," is insufficient to stop some over-reaching rules that impact small businesses in an unfavorable way. - Anti-libertyHB 1443-FNrelative to the reasonable compensation deduction from gross business profits under the business profits tax and requiring the department of revenue administration to prepare draft rules relative to auditingYEA ITL
Why
This bill would shift the burden of proof related to reasonable compensation for Limited Liability Companies from the state back to the taxpayer.
* Innocent until proven guilty is a long standing tradition of US law as well as Common Law that predates the founding of the republic.
* The state should always have the burden to prove wrongdoing, as only the state has the monoply of power to initiate force. - Anti-libertyHB 1445-FNrelative to tinted windows on motor vehicles.YEA OTP
Why
This bill would repeal an existing prohibition on tinted side windows
* 46 other states already allow tinted side windows, with no widespread problems reported.
* NH law enforcement already encounters tinted windows on the thousands of tourist vehicles that visit NH each year. No widespread problems have been reported with these vehicles, either.
* While we do not support the $5 annual fee, this bill still represents a clear improvement over current law.
* (transcriber note: this is listed as anti-Liberty, but seems to be pro-Liberty? - mdrew) - Pro-libertyHB 1451-FNallowing persons convicted of certain nonviolent first offenses to petition for an annulment of the criminal record.YEA OTP/A
Why
This bill reduces the injustice done to innocent, convicted persons.
* This bill as amended allows a person who was convicted of a criminal offense whose conviction was subsequently vacated by a court to petition for an annulment of the arrest record or court record or both.
* Having the option to petition for annulment allows a wrongly convicted individual to at least partially restore their official reputation. - Pro-libertyHB 1453relative to qualifying medical conditions for purposes of therapeutic cannabis.NAY ITL
Why
his bill allows patients suffering from ulcerative colitis access to medical cannabis, if recommended by their doctor.
* Ulcerative Colitis is a serious, incurable disease. Symptoms include loss of appetite, malnutrition, chronic pain, oral ulcers, rectal bleeding, diarrhea, and insomnia. Despite treatment, symptoms can reoccur at any time.
* Symptoms of ulcerative colitis are similar to those of Crohn’s disease, which is already included in the the list of qualifying medical conditions. Indeed, Crohn's patients are often misdiagnosed as Colitis patients, and vice-versa. It would be unfair to afford relief to one group of patients and not to the other.
* Asking patients in chronic and severe pain to wait months or longer for centers to open, before waiting again for a new legislative session and a new bill, effectively puts the convenience of the Legislature above the immediate and serious needs of the constituents. - Pro-libertyHB 1471relative to parental rightsYEA OTP
Why
This bill recognizes the right of parents to make decisions about the health, education, and welfare of their children
* Decisions about child-rearing are the responsibility of parents, not the state.
* This bill does not change existing regulations, but is a valuable statement of principle. - Anti-libertyHB 1475-FN-Aestablishing a death benefit for a school employee killed in the line of duty.YEA ITL
Why
This bill mandates taxpayer spending on an additional life insurance benefit exclusively for school employees.
* If additional compensation in the form of life insurance is required to properly compensate teachers, then those benefits should be negotiated as part of normal teacher contract negotiations.
* While any untimely death is a tragedy, it is unclear why we would uniquely single out teachers for this special benefit. For example, sanitation work is far more dangerous than teaching. Are the lives of government employees who are not teachers somehow less important?
* There is already a death benefit for any school employee covered by the New Hampshire Retirement System. - Anti-libertyHB 1480-FNestablishing a state minimum wage.YEA ITL
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. - Pro-libertyHB 1508allowing public libraries to run certain privacy software.YEA OTP/A
Why
This bill recognizes the right of libraries in New Hampshire to run software used to protect privacy on the Internet.
* Libraries have historically been a place to freely seek information. This bill clarifies that libraries that can continue that mission in the modern age without fear of retribution by the state.
* This bill does not require libraries to run privacy software; libraries are free to make the choice for themselves. - Pro-libertyHB 1543-FNrelative to prosecutorial misconduct.NAY ITL
Why
This bill establishes a criminal penalty for prosecutorial misconduct.
* While we would like to believe that all of our public servants are always acting in the best interest of justice, it is foolish to believe that everyone entrusted with state power will always act in a moral manner. This bill provides for a penalty as an additional deterrent to potential misconduct to help ensure that the outcome in the criminal justice system is in fact just.
* The committee's concern over the difficulty in determining whether or not someone knew something with certainty is not an argument against the bill, but rather helps ensure that only the most egregious cases of misconduct will be prosecuted. Furthermore, NH law is already replete with examples of laws that require proof of a guilty intent so this law is hardly unique in that regard (e.g. RSA 626:2 "only if he acts purposely, knowingly", RSA 641:4 "Knowingly gives or causes to be given false information ..." - Anti-libertyHB 1552-FNextending the penalty of death to acts of terrorism and civil rights offenses.YEA ITL
Why
This bill dramatically expands the list of offenses for which the death penalty may be sought.
* This bill dramatically expands the list of offenses for which the death penalty may be sought.
* The language in this bill is excessively broad and would result in an unprecedented expansion on the power of the state to take a life as a punishment for crime.
* The definition of 'weapon of mass destruction' in this bill is so broad that even a child's model rocket would fall under this classification. Common C11 engines contain more than 0.3 ounces of propellant, and this bill classifies "incendiary charge of more than 1/4 ounce" as a weapon of mass destruction. - Pro-libertyHB 1555-FNrelative to the manner in which New Hampshire takes possession of land.NAY ITL
Why
Allows property owner to reject an offer in eminent domain takings.
* Government should uphold property rights, not abrogate them.
* The homeowner should have every opportunity to get fair value for their land.
* Private developments of all kinds, on large contiguous plots of land, are very common; developers manage to assemble these properties without using confiscation. If private developers can achieve such outcomes, there's no reason government officials can't do so.
* Many ingenious alternatives exist to eminent domain, in order to practically accomplish large capitol projects, and avoid the "hold out problem". - Pro-libertyHB 1570-FNrepealing the law governing access to reproductive health care facilities.YEA OTP
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 that the state will most certainly lose. - Anti-libertyHB 1605-FNprohibiting the use of latex gloves and utensils in the food service industry.NAY OTP/A
Why
This bill creates an unnecessary law.
* Since demand has increased, alternatives in the marketplace are available, such as Nitrile and Vinyl. Vinyl gloves are less expensive and most widely used in the food industry.
* It is in a restaurant's best interest to keep their customers safe. This issue is already being solved in the marketplace without the need for new laws. - Pro-libertyHB 1610egalizing the possession and cultivation of marijuana for personal use.NAY ITL
Why
This bill respects self-ownership, and reduces the harm of the drug war.
* The NH Constitution provides that "all penalties ought to be proportioned to the nature of the offense," but our state penalties for marijuana possession are no longer supported by public opinion and are far more severe than those of most nearby states.
* 60% of NH citizens support the legalization of recreational marijuana, and 72% support decriminalization (WMUR Poll 7/15).
* Legalization would not only prevent innocent people from having their lives significantly impacted by minor possession arrests, but would also reduce the expense of the criminal justice system, allowing police and prosecutors to focus on serious crimes where innocent people have been victimized.
* There is no evidence that reducing or eliminating marijuana penalties has led to negative outcomes in the states where it has been tried. In fact, harm reduction will be achieved by allowing adults to grow and share a much less harmful alternative to opioids and alcohol. When allowed as a substitute 68% of prescribed medicine users chose the less harmful option; cannabis.
* Contrary to often told story, cannabis is an 'exit' drug not a 'gateway'. It is a fact that opioid users, isolated due to the criminality of the drug, can and have used cannabis to break their addiction.
* This bill would take millions of dollars, not to mention many customers, out of the hands of illicit street dealers.
* This bill does not violate Federal law, it is in fact the law that has been in place in our nation's capital for the past year.
* The majority blurb is misleading and speaks mainly to a different bill. - Pro-libertyHB 1614-FNrelative to the criminal penalty for prostitution.NAY ITL
Why
This bill establishes that sex between consenting adults should not be illegal.
* This bill legalizes consensual sex between consenting adults, while keeping solicitation of sexual contact with a person under 18 years of age or through the use of force or intimidation a felony.
* As is generally the case, prohibition drives these activities underground where dangers are higher for participants. Sex workers who report crimes to law enforcement face arrest, violence, and assault.
* While the majority expresses concerns over theoretical unintended consequences of this bill, we already know the realized unintended consequences of the current law - namely that people who would like to extract themselves from this way of life are victimized by the very law that was supposed to protect them. Threats of violence and actual violence go unreported due to fear of prosecution.
* Many recent studies have concluded that legalization is necessary to reduce the harms associated with sex work. Many major organizations including the world health organization, Lancet medical journal, and Amnesty International now support legalization. (<a href="http://goo.gl/7yPoH0">http://goo.gl/7yPoH0</a>, <a href="http://goo.gl/InLmHk">http://goo.gl/InLmHk</a>, <a href="http://goo.gl/EJbgBy">http://goo.gl/EJbgBy</a>) - Anti-libertyHB 1629-FNrelative to disqualifying members of certain groups from receiving public assistance.YEA ITL
Why
This bill would create a costly, impractical new program.
* The fiscal note estimates that the required administrative changes would cost $432,557 in the first year alone.
* It is reasonable to assume that if someone is denied benefits under the provisions of this bill that they will appeal and or sue the state resulting in additional costs.
* Provides a financial incentive for citizens to 'turn in' their neighbors, which creates claims which are difficult to verify. The federal government's record on similar lists is poor with several publicized failures, including former Senator Ted Kennedy appearance on a no-fly list, for 6 - Pro-libertyHB 1631-FNrelative to penalties for possession of marijuanaNAY ITL
Why
This bill respects self-ownership, and reduces the harm of the drug war.
* The NH Constitution provides that "all penalties ought to be proportioned to the nature of the offense," but our state penalties for marijuana possession are no longer supported by public opinion and are far more severe than those of most nearby states.
* 60% of NH citizens support the legalization of recreational marijuana, and 72% support decriminalization (WMUR Poll 7/15)
* Legalization would not only prevent innocent people from having their lives significantly impacted by minor possession arrests, but would also reduce the expense of the criminal justice system, allowing police and prosecutors to focus on serious crimes where innocent people have been victimized. - Anti-libertyHB 1632-FNestablishing a criminal penalty for providing a firearm to a person prohibited from possessing a firearmYEA ITL
Why
This bill creates a new, unnecessary law.
* This bill attempts to create a prohibition that already exists. Pursuant to RSA 159:7: "No person shall sell, deliver, or otherwise transfer a pistol, revolver or any other firearm, to a person who has been convicted, in any jurisdiction, of a felony. Whoever violates the provisions of this section shall be guilty of a class B felony."
* Current law is more than adequate. - Pro-libertyHB 1645relative to carrying a pistol or revolver without a licenseNAY ITL
Why
This bill, with amendment 2016-0617h, allows carry of firearms in vehicles.
* Many other open carry states allow carry in a car without additional licensing requirements.
* Loading and unloading firearms to get in and out of a car encourages swatting and potentially accidental discharges.
* A person has a right to carry a firearm in their vehicle, for personal protection, just as they may carry one in their home.
* This bill would not allow hunting from vehicles, which remains prohibited under RSA 207:7 - Anti-libertyHB 1657-FNprohibiting firearms in certain public places.YEA ITL
Why
The bill would have effectively banned the sale and or carry of firearms in nearly every public place in NH
* Gun free zones do nothing to deter criminals with violent intent.
* The bill clearly infringes upon NH constitution Article 2-a, which recognizes the right of NH residents to keep and bear arms in defense of ourselves, our families, our property and the state. - Pro-libertyHB 1660-FN-LOCALrelative to eminent domain for gas pipelines and relative to assessment of the land use change tax for eminent domain takings for energy infrastructure.YEA OTP/A
Why
This bill helps protect property rights from eminent domain abuse.
* Owners of properties being taken may require the taking of the entire property so they will not be forced to live with the project being developed.
* This bill equalizes eminent domain with regard to gas pipelines as it relates to other utilities.
* This bill requires the consent of a municipality for the taking of property already in public use. - Pro-libertyHB 1686-FNrepealing the community heritage investment program.NAY ITL
Why
his bill repeals a program using mandatory fees to fund property acquisition.
* Under the Land and Community Heritage and Investment Program (LCHIP), private property owners are forced to pay higher fees for deeds, mortgages, and plans, with the money going to fund property acquisition primarily by municipal governments.
* The continuous incremental accumulation of private property by municipalities drives up real-estate costs, and reduces the tax base, resulting in increased property taxes. LCHIP has resulted in a net reduction in private property by over 238,000 acres in the last 15 years.
* Property acquisition for purposes of conservation should be handled through voluntary donations to nonprofit organizations, not forced contributions to government programs. - Anti-libertyHB 1690-FNextending the New Hampshire health protection program.YEA ITL
Why
This bill extends and expands a massive new entitlement program.
* This bill eliminates the existing sunset provision for Medicaid Expansion.
* Medicaid Expansion is a welfare program for able-bodied adults in their working years. The medical insurance provided has features such as no premiums, no co-pays, no deductibles and includes non-emergency transportation that are simply not available to workers with full-time jobs.These benefits create a strong disincentive to full-time employment and career advancement.
* Federal money always comes with strings attached, and it is not free. The national debt is approaching $20 trillion.
* The Federal government will not keep its promises. As federal money dries up, costs will fall squarely on the State’s General Fund, which will only be able to support it through a new broad based tax, such as a sales or income tax, thereby destroying what remains of the New Hampshire Advantage.
* A free market approach to health care should be the main priority of the legislature. This is the only way to sustainably lower costs and increase access for the majority of Granite Staters - Anti-libertyHB 1696-FNrequesting a modification of the New Hampshire health protection program.NAY OTP/A
Why
This bill extends and expands a massive new entitlement program.
* This bill preserves Medicaid Expansion which is currently set to sunset at the end of 2016, due to reductions in federal funding.
* Medicaid Expansion is a welfare program for able-bodied adults in their working years. The medical insurance provided has features such as no premiums, no deductibles, and included non-emergency transportation that are simply not available to workers with full-time jobs. These benefits create a strong disincentive to full-time employment and career advancement.
* Though no general funds are used in this iteration, the bill puts in place a financial transfer mechanism via higher insurance premiums and healthcare costs charged to existing paying customers.
* Federal money always comes with strings attached, and it is not free. The national debt is approaching $20 trillion.
* The Federal government will not keep its promises. Federal money will dry up and the financial transfer mechanism will break because hospitals and insurance companies will be unable or unwilling to transfer the entire cost onto paying customers. This will place the costs squarely on the State’s General Fund, which will only be able to support it through a new broad based tax, such as a sales or income tax, thereby destroying what remains of the New Hampshire Advantage.
* A free market approach to health care should be the main priority of the legislature. This is the only way to sustainably lower costs and increase access for the majority of Granite Staters.
Thursday, March 3, 2016 · Senate · 13 positions
- Pro-libertySB 320relative to non-academic surveys administered by a public school to its students.YEA OTP/A
Why
This bill protects the privacy of students and families.
* This compromise legislation requires parental consent for all non-academic surveys, except the youth risk behavior survey developed by the Centers for Disease Control and Prevention.
* The fact that some students may benefit from social programs does not justify ignoring privacy concerns and parents' right to direct their under-age children's education.
* There is a demonstrated need for this bill. Evidence was provided at the public hearing, showing that some existing surveys are neither anonymous nor optional. - Pro-libertySB 325relative to vaccines administered by pharmacists.YEA OTP/A
Why
This bill as amended adds MMR vaccine to the list of vaccines approved for administration to adults by pharmacists.
* Reduces cost and increases convenience for adults who choose to receive MMR vaccine.
* Adults should not be required wait for a more expensive doctors visit in order to receive common vaccines. - Anti-libertySB 384relative to the feeding of wild deer.NAY OTP
Why
This bill mandates that feed vendors add additional labeling to their packaging.
* Requiring feed vendors to add what is effectively a public service announcement to their packaging infringes on free speech.
* Some vendors already have similar labeling but would have to change their packaging just for NH customers. This will add unnecessary costs to the price of animal feed.
* The second part of this bill, prohibiting placing of food for the consumption of deer, in certain - Anti-libertySB 410relative to an optional ban on plastic bags.YEA ITL
Why
This bill allows cities and towns to ban the use of plastic bags.
* Consumers and retailers have a right to choose whether or not to use plastic bags.
* A large number of consumers who use plastic bags reuse them for a variety of purposes including waste removal, or recycle them.
* Many of the supposed harms of plastic bags are myths. In many ways, plastic bags are less harmful to the environment than alternatives, including paper bags. - Anti-libertySB 428relative to arbitration agreements in nursing home contracts.YEA ITL
Why
This bill would prohibit nursing homes from making agreement to arbitration a condition of admission.
* Arbitration is generally less expensive, faster, and a private alternative to litigating in the courts.
* This is just one way businesses reduce operating costs. Requiring that all matters be litigated would increase the cost of doing business for nursing homes which would increase the cost to the customer.
* Businesses should be free to refuse service if customers are not willing to agree to their terms, just as customers are free to choose alternative service providers for any reason. - Anti-libertySB 457-FNrelative to reporting of receipts and expenditures by political committees other than political committees of candidates.YEA ITL
Why
This bill imposes additional, arduous reporting requirements on local PACs.
* Many small, local PACs are run by volunteers. Expecting a complete itemized report within 48 hours of each $1000 donation increment is unrealistic, and an undue burden on free speech.
* Participation in the new on-line filing tool is better left optional. - Pro-libertySB 463-FNsuspending the imposition of the death penaltyYEA OTP
Why
This bill suspends the imposition of the death penalty until such time that methods exist to ensure that the death penalty cannot be imposed on an innocent person.
* NH should not risk allowing the state to kill an innocent person.
* As recently as 2014, a death row inmate in TX (Henry Lee McCollum) was conclusively cleared by DNA evidence after having spent nearly 30 years on death row. He is far from the only example of an innocent person being placed on death row; several other examples were heard in testimony. Neither prosecutors nor courts are infallible.
* If a person is convicted and incarcerated, but is later found innocent of wrongdoing, the sentence isat least partially reversible. The death penalty is irreversible.
* There are two primary reasons to apprehend those who commit crimes against persons or property. The first reason is to obtain restitution for the victim of the crime, to whatever extent possible. The second reason is to prevent those who present a continuing threat to others from committing further crimes. Given the availability of secure prison facilities, the death penalty as it exists in New Hampshire is necessary for neither of these purposes.
* As shown in the fiscal note, long term incarceration also costs NH taxpayers less than the death penalty. - Anti-libertySB 473-FN-A-Lrepealing the cap on adequate education grant payments and making an appropriation therefor.NAY OTP
Why
This bill further increases government spending on education.
* The DoE reports that average per-student spending in NH government schools last year reached almost $17,000.
* Ever-increasing spending on government education, much of which goes to administrative overhead, has not led to improved outcomes. Private and charter schools regularly achieve superior results at significantly lower cost.
* Instead of continuing to further increase spending on government schools, state legislators should be seeking to empower parents and students to make their own choices among various educational options, and to create an environment of competition for educational dollars.
* If the cap must be removed for legal reasons, adjustments to the formula for education grant payments could be made so as to render the change spending neutral. - Anti-libertySB 481-FNrelative to a special health care service license.NAY OTP/A
Why
This bill raises new barriers to entry for healthcare service providers.
* This bill contains provisions designed to create or protect health care service monopolies in the state, by limiting competition and preventing competitive price pressures.
* Granting power to the state commissioner of health and human services to make a determination of the need for new facilities effectively enshrines crony capitalism into state law.
* This bill requires all new medical facilities to provide 24/7 emergency services, but exempts existing medical facilities from this requirement, thereby further raising the barrier to entry for new service providers, while shielding existing providers from fair competition. - Anti-libertySB 503-FN-Arelative to pre-kindergarten education using “pay for success” financing.NAY OTP/A
Why
This bill compels taxpayers to fund yet another optional, experimental program.
* The bill's fiscal note is for $10M to support a grade level outside compulsory attendance.
* Let the private sector establish pre-school programs, not the state through public private partnerships.
* Not a single Social Impact Bond project has demonstrated success so far. - Anti-libertySB 516-FNrelative to preventing violence in health care facilities.YEA ITL
Why
This bill reduces access to affordable healthcare by placing duplicative mandates on health care facilities.
* Requiring facilities to spend even more money on regulatory compliance diverts resources from real solutions. This state imposed approach to violence prevention would stifle innovation that is already underway across the state. For example, in the absence of this regulatory overhead, New Hampshire Hospital has already begun work on "Project Pause" which uses smartphone technology and data analysis to help predict patients who may become violent.
* Provisions mandating violence record-keeping place further new burdens on facilities. Many hospitals already choose to keep records (in addition to the records already maintained by local authorities). A state imposed mandate will increase the overhead costs of such records keeping.
* Several other states (e.g. NY, CA) have passed similar legislation with no measurable reduction in violence.
* Published studies by medical worker advocates point out that even when violence against a healthcare worker is made a felony offense, states still fail to pursue charges against the criminals committing the offenses. If the state is serious about reducing violence then responsible prosecutions against those who are initiating violence should be preferred over prosecuting hospitals for not managing internal records in a manner consistent with arbitrary state guidelines. - Pro-libertySB 517-FNincreasing the amount deducted from a fine for each day of a person’s incarcerationYEA OTP
Why
This bill increases the amount deducted from a fine for each day of a person's incarceration from $50 per day to $150 per day.
* While it is challenging to determine the total financial burden placed on an individual per day of incarceration, the current 'credit' for incarceration is more than 3.5x lower than the average 8 hour wage in NH (23.12/hr in June 15 per the NH Employment Security) and nearly 2x lower than even the lowest average 8 hour wage in the state ($11.06/hr). 24hr incarceration places additional burdens beyond lost wages on the incarcerated individual, including costs to a single parent associated with child care. The current deduction is therefore excessively punitive
* The fiscal note for this bill estimates that the average daily cost of incarcerating an individual may be as high as $110 per day. The current deduction level results in a net loss to the state for each day of incarceration chosen in lieu of fine. The new deduction level will ensure that the state is not penalized in cases where a citizen chooses incarceration instead of fine. - Anti-libertySB 521-FNelative to an OHRV registration fee for persons who are members of an OHRV club.NAY OTP/A
Why
This bill steeply increases OHRV registration fees, especially for those who choose not to join clubs.
* This bill favors certain clubs over others. Different fees for different club affiliations creates a class system, and could hurt non approved clubs and their membership.
* OHRV riders should not be punished with higher registration fees because they choose not to become members of an approved non profit club.
* The $30 increase is too steep and will hurt OHRV tourism.
Thursday, February 18, 2016 · Senate · 3 positions
- Anti-libertySB 518-FN-Aestablishing a fee for political committees, political advocacy organizations, and candidates based on gross expenditures.YEA ITL
Why
This bill is an attempt to tax free speech.
* This bill would require local candidates, political action committees, campaigns, and other advocacy organizations to pay a tax on funds spent on behalf of promoting their candidate, organization, or cause.
* Charging a tax for speech is not only unethical, but it violates Article 1 Part 22 of the NH constitution and the first amendment to the US constitution. - Anti-libertySB 551-FN-A-Lestablishing video lottery and table gaming at one location.NAY OTP
Why
This bill creates government granted monopoly privileges.
* Allowing one special interest 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 552-FNrelative to expense deductions under the business profits tax.YEA OTP/A
Why
This bill allows New Hampshire companies to more accurately reflect expenses, particularly for capital investments, with regards to the business profits tax.
* NH currently allows only up to $25K in deductions; this bill would use the federal limit of $500K.
* At least 37 other states already allow deductions over $100K, and 33 allow deductions up to $500K. (<a href="http://taxfoundation.org/">http://taxfoundation.org/</a>).
* This bill encourages businesses to move to NH, and incentivizes existing NH companies to make significant investments for future growth, which benefits all NH residents.
* NH legislators should work to make NH business friendly, rather than driving them away with excessive taxes.
Thursday, February 11, 2016 · Senate · 3 positions
- Anti-libertySB 396relative to compatibility of electrical devices with the National Electric Code and the state building code.NAY OTP
Why
This bill would ban sales of devices that are not compatible with either the National Electric Code or New Hampshire building code.
* This bill would make it a crime for NH retailers to sell equipment that is not compatible with NH code, but is compatible with electrical codes in other countries, forcing NH residents to purchase equipment for use on travel from online retailers or out of state.
* Many NH businesses sell commercial or industrial equipment intended for use in other jurisdictions, with different electrical specifications.
* Private safety certification agencies like Underwriters Laboratories are a great alternative to state mandates
* RSA 358:A:2 is explicitly for the purpose of banning "any unfair method of competition or any unfair or deceptive act or practice in the conduct of any trade or commerce". Selling devices that do not meet NH code is neither unfair nor deceptive, unless the goods are sold with a label indicating compatibility with certain standards, while not actually being compatible. Misrepresentation of certification is already covered by 358:a:2 II and IV. - Pro-libertySB 494-FN-Arepealing the exemption from the road toll for federal military fuel purchases.YEA OTP/A
Why
NH drivers should not be forced to subsidize federal government travel.
* The federal government should help pay for the upkeep of the roads they are using
* A government vehicle wears on the roads just as much, and in some cases more, than a private vehicle.
* This bill is a step in the right direction, and will increase revenue for NH roads without further taxing NH drivers. - Anti-libertySB 496-FNrelative to personal care attendant services.NAY OTP
Why
This bill increases health care costs for PCA services in NH.
* This bill requires personal care attendants provide "access to the community" and "non-medical transportation" - services for which they may not be equipped.
* "Access to the community" is vague and could open personal care attendants up to frivolous lawsuits.
Wednesday, February 10, 2016 · House · 18 positions
- Anti-libertyHB 1130requiring school districts to permit placement of a memorial honoring those who have died during military service.NAY OTP/A
Why
This bill overrides local control for no good reason.
* Decisions about education and educational facilities are best made by parents, or local communities, not by the state.
* Communities which do not wish to place military memorials on school grounds should not be forced to do so by state legislators. - Pro-libertyHB 1184-FNrelative to license fees for domestic wine manufacturers.NAY ITL
Why
This bill would reduce the licensing burden on NH wine manufacturers.
* State government should be encouraging NH small businesses to expand, not penalizing success.
* The NHLA supports the reduction and elimination of licensing fees in general, on all kinds of businesses. - Pro-libertyHB 1298relative to damage to private property.YEA OTP/A
Why
This bill protects property rights.
* Property owners should not be liable for damage caused by others on their land. This bill ensures they have clear protection against such damage, and a means to obtain fair restitution.
* OHRV owners should be responsible for their actions, and respect the property they are allowed to use. - Anti-libertyHB 1368-FNrequiring firearms owners to have liability insurance.YEA ITL
Why
This bill proposes mandatory liability insurance for firearm ownership.
* The requirement to obtain liability insurance creates a substantial burden on the fundamental right to to keep and bear arms as guaranteed by article 2-a of the NH constitution.
* This bill would have a disproportionate discriminatory effect on people of modest incomes.
* The ill defined insurance requirement grants private companies the ability to deny people a constitutionally guaranteed right. This will result in citizens who are qualified to own a firearm under state and federal law being denied that right by an unaccountable private entity backed by the force of the state. - Anti-libertyHB 1416-FNrelative to funding for state criminal background checks.YEA ITL
Why
This bill establishes a tax on the exercise of a constitutionally protected right.
* Article 2a of the NH constitution recognizes the inherent right to keep and bear arms. In Harper v. Virginia Board of Elections, 383 U.S. 663 the U.S. Supreme Court found that Virginia's poll tax was unconstitutional under the equal protection clause of the 14th Amendment. The Court noted that “a state violates the Equal Protection Clause of the Fourteenth Amendment to the U.S. Constitution whenever it makes the affluence of the voter or payment of any fee an electoral standard. Voter qualifications have no relation to wealth." Similarly, affluence has no bearing on a citizen’s constitutional right defend him or herself.
* The federal government runs the National Instant Criminal Background Check System (NICS)which is currently used in NH for long gun sales. The existing NH state level point of contact for handguns is simply a pass through position to the NICS system and adds a needless level of bureaucracy with no additional assurance of safety or quality. We should be working toward elimination of the state point of contact for firearms background checks, rather than seeking to expand our existing state level system. - Anti-libertyHB 1444-FN-Arelative to the rate of the insurance premium tax.YEA ITL
Why
This bill would increase taxes on insurance premiums by up to 60%.
* The NH government should be working to reduce already high taxes and fees on NH businesses, instead of increasing them.
* The costs of direct taxes on premiums are inevitably passed on to consumers.
* Higher taxes reduce the competitiveness of NH based insurance providers, and discourage new providers from relocating to NH. - Anti-libertyHB 1563-FN-LOCALrelative to funding for full-day kindergarten pupils.NAY OTP
Why
This bill expands state spending to fund full day kindergarten
* Full day programs are not appropriate for many 5 year olds, who are often better off spending more time with their family. This bill would discourage the continuation of successful half day programs.
* Communities which choose to offer half day kindergarten should not be forced to subsidize those that choose to offer full day kindergarten. Both the decision, and the funding, should be local.
* Instead of further expanding state spending on schools, and taxes, to the tune of over three million dollars a year, legislators should seek to return decision making power to families. - Anti-libertyHB 1564-FN-Aestablishing an independent redistricting commission.YEA ITL
Why
This bill creates an unaccountable, tax funded redistricting commission.
* While the stated goals of this bill are laudable, the approach for creating this 'independent' commission are unlikely to result in significant independence. Appointees would be selected from politically connected citizens that the majority and minority parties would count on to counterbalance potential unfair plans from the opposing party.
* The seemingly independent commission would allow the legislature to claim plausible deniability in cases where clearly gerrymandered districts resulted from this process. While this abdication of responsibility may result in improved redistricting in some years or some regions of the state, the reduction of accountability prevents voters from being able to properly influence the process.
* This bill increases state spending by establishing a new state funded election integrity attorney.
* The bill seeks to fund additional spending with a new tax; should the new tax be insufficient to cover the unbounded costs, the commission would be funded from the general fund. - Anti-libertyHB 1590-FN-A-LOCALrelative to the regulation and taxation of short-term rental businesses.NAY OTP/A
Why
This bill expands state taxes and regulations.
* There is no minimum income threshold in this bill. This bill would require a homeowner who lets out a room for even a night or two to register as a "hotel operator", and display a "rooms and meals" tax ID.
* The emerging sharing economy has been a benefit to NH residents, and should be encouraged, not crushed by the state.
* If homeowners are required to register with the government in order to simply let a room for a day or two, many will give up on the idea entirely. This is often the effect of government mandates on informal trade, and on nascent businesses. - Anti-libertyHB 1604-FN-A-LOCALrelative to exceptional student education programs and providing funding therefor.NAY OTP/A
Why
This bill overrides local control of education
* Mandating "instructional methods" at the state level violates, RSA 193-E:2-a,V, which clearly states that the "methods of instruction" are "the responsibility of local teachers, administrators, and school boards."
* Decisions about instruction, as well as "competency" based criteria for advancement, are better made by local school boards, not by state legislators.
* This bill was completely rewritten in exec session and bears no resemblance to the original bill. - Anti-libertyHB 1616-FNrelative to drivers’ licenses and identification cards that are compliant with federal identification law.NAY OTP/A
Why
This bill assists the federal government in violating the privacy of NH residents.
* The federal REAL ID act establishes a national identification card, and requires holders of REAL ID-compliant identification to allow their photos and social security numbers to be held in government databases. These requirements open New Hampshire citizens up to identity theft and privacy violations.
* Currently, 28 states do not comply with REAL ID. For almost a decade, the Department of Homeland Security has repeatedly postponed enforcement of REAL ID. They will continue to do so, so long as states fulfill their obligation to defend the rights of their residents from this unconstitutional mandate.
* Contrary to the majority blurb, this bill provides no substantial protections against the entry of NH residents' data into federal databases. In fact, it effectively enables it (section 15).
* The state of NH as an organization has no obligation to provide real ID compliant cards, or DHS accessible databases. The state does have an obligation to do everything in its power to protect its residents from federal privacy intrusions.
* Providing REAL ID-compliant cards at the same price as non-compliant cards, and stamping the latter as non-compliant, will make it practically feasible for DHS to move forward on their enforcement objectives, mandating that everyone get the national ID card.
* Since 2010, a bipartisan majority in New Hampshire has firmly rejected compliance with the REAL ID Act. - Anti-libertyHB 1641-FN-LOCALrelative to requiring prevailing wages on state-funded public works projects.YEA ITL
Why
This bill mandates federally determined prevailing minimum wages on state-funded public works projects.
* The bill would result in an estimated 2.6 million dollars annually in direct reoccurring state spending.
* This bill would impose significant additional record keeping and weekly reporting requirements for contractors supporting state projects. These increased overhead costs, which are not directly represented by the fiscal note, would ultimately be borne as additional costs to the taxpayer.
* The bill mirrors similar federal legislation (Davis Bacon Act) which was passed with the deliberate intent to prevent non-unionized, less established, minority laborers from competing with established, unionized, white workers during the depression. While times have changed and the intent of this bill may be somewhat different, the effect will still be to dramatically increase the risk and/or cost of employing workers with potential for growth but with lower demonstrated skill level.
* Small firms may not have the personnel to absorb compliance overhead costs. This bill would have the effect of biasing state contracts towards larger/established firms. - Anti-libertyHB 1644-FNrelative to screening and treatment for dyslexia and related disorders and establishing a reading specialist in the department of education.NAY OTP
Why
This bill further increases state level spending on education.
* This bill creates an entirely new level of specialist within the DOE at more expense to the state.
* Programs already exist to identify students who need additional services; this bill is duplicative of services already in place. - Pro-libertyHB 1647-FNrepealing laws regulating hawkers and peddlers and itinerant vendors.YEA OTP
Why
This bill eliminates an unnecessary licensing requirement.
* Current law is confusing, containing a variety of obscure exceptions, and is largely unenforceable.
* This bill retains authority for municipal governments to license and regulate hawkers, peddlers, or itinerant vendors, if they so choose.
* These laws are outdated in today's world of online shopping, and reputation rankings and reviews. The consumer has more tools to vet a vendor or product than ever before. Licensing mainly serves to reduce consumer choice. - Anti-libertyHB 1674-FNrequiring the labeling of genetically engineered foods.YEA ITL
Why
This bill increases regulations on food producers and suppliers.
* New labeling requirements would place an undue burden on retailers, wholesalers, and producers throughout the state and region.
* The proper solution would be an independent third-party certification agency, which could freely state whether or not food does or does not contain GMO. Such third party agencies now exist (e.g.nongmoproject.org) and offer certification seals.
* The USDA has developed a "Non-GMO Label" program that allows producers to pay to participate in the Process Verified Program. This voluntary approach allows consumers who choose to avoid GMO foods to support brands that participate in the program.
* The bill notably excludes alcoholic beverages, demonstrating a conflict of interest as the state derives significant income from acting as an alcohol retailer. - Pro-libertyHB 1694-FN-A-LOCALrelative to the legalization and regulation of marijuana.NAY ITL
Why
This bill respects self-ownership, and reduces the harm of the drug war.
* The NH Constitution provides that "all penalties ought to be proportioned to the nature of the offense," but our state penalties for marijuana possession are no longer supported by public opinion and are far more severe than those of most nearby states.
* 60% of NH citizens support the legalization of recreational marijuana, and 72% support decriminalization (WMUR Poll 7/15).
* Legalization would not only prevent innocent people from having their lives significantly impacted by minor possession arrests, but would also reduce the expense of the criminal justice system, allowing police and prosecutors to focus on serious crimes where innocent people have been victimized.
* There is no evidence that reducing or eliminating marijuana penalties has led to negative outcomes in the states where it has been tried.
* In most recent reputable studies on the topic, gateway drug assertions have been shown to be unwarranted.
* This bill would take millions of dollars, not to mention many customers, out of the hands of illicit street dealers. - Anti-libertyHB 1696-FNrequesting a modification of the New Hampshire health protection program.NAY OTP/A
Why
This bill extends and expands a massive new entitlement program.
* This bill preserves Medicaid Expansion which is currently set to sunset at the end of 2016 due to reduction in federal funding. Medicaid Expansion provides able-bodied, childless adults in NH, above the poverty line, with free health care.
* Though no general funds are used in this iteration, the bill puts in place a finanicial transfer mechanism via higher insurance premiums and healthcare costs charged to existing paying customers.
* The "severability clause" in the bill allows CMS to pick and choose which portions of the law will be enforced, such as the work requirement. The NH legislature, in effect, will abrogate its responsibility to this federal agency.
* Federal money always comes with strings attached, and it is not free. The national debt, which is approaching $20 trillion, is arguably the largest threat to national security.
* The Federal government will not keep its promises. Federal money will dry up and the financial transfer mechanism will break because hospitals and insurance companies will be unable to transfer the entire cost onto paying customers. This will place the costs squarely on the State’s General Fund, which will only be able to support it through a new broad based tax, such as a sales or income tax, thereby destroying what remains of the New Hampshire Advantage.
* A free market approach to health care should be the main priority of the legislature. This is the only way to sustainably lower costs and increase access for the majority of Granite Staters. - Pro-libertyHB 668-FNrelative to expense deductions under the business profits tax.NAY ITL
Why
This bill allows larger deductions for New Hampshire companies, especially for investments in capital equipment.
* NH currently allows only up to $25K in deductions; this bill would raise the limit to $100K. The federal government has raised the limit for deductions to $500K.
* At least 37 other states already allow deductions over $100K, and 33 allow deductions up to $500K (<a href="http://taxfoundation.org/">http://taxfoundation.org/</a>).
* This bill encourages businesses to move to NH, and incentivizes existing NH companies to make significant investments for future growth, which benefits all NH residents.
* NH legislators should work to make NH business friendly, rather than driving them away with excessive taxes.
Thursday, February 4, 2016 · House
NHLA’s recommendations for this session are published.
Thursday, February 4, 2016 · Senate · 5 positions
- Pro-libertySB 131-FNauthorizing the purchase of health insurance from out-of-state companies.NAY ITL
Why
This bill opens the door to more competition and more choice in heath care.
* NH customers should be allowed the opportunity to buy healthcare from any insurer willing to sell to them.
* While there may be no companies currently interested in this model, we shouldn't ignore the possibility of a health care startup revolutionizing the industry and looking to do business in NH.
* This bill allows for improved health insurance flexibility for companies looking to relocate to NH, and their employees living near other states. - Anti-libertySB 210relative to regulation of septic system evaluators.NAY OTP
Why
This bill creates yet another hurdle for businesses and property owners.
* Certification programs for septic evaluators are already available in NH. It is the right of home buyers and sellers to decide whether or not to hire a certified septic evaluator, and not the business of government.
* Requiring a license to evaluate septic systems doesn’t guarantee the licensee will do a good job. There are plenty of examples of incompetent licensed tradesmen.
* Licensing often creates more of the behavior it ostensibly intends to remedy. Making it more expensive to hire certified and licensed professionals incentivizes buyers to forgo evaluations, or hire amateurs.
* Licensing reduces options for septic evaluation while increasing expense. - Pro-libertySB 263-FNrelative to placing tracking devices on motor vehicles.NAY ITL
Why
Protects privacy and private property
* This bill prohibits the placement of a tracking device on a vehicle, without a warrant or the consent of the owner.
* Free citizens should not be tracked without their consent.
* Comports with part one article 19 of the NH constitution and the fourth amendment to the US constitution.
* Defends the privacy rights of NH residents, and clarifies that government agencies shall not track their movements without a warrant from a judge. - Anti-libertySB 309relative to sulfur limits of certain liquid fuels.NAY OTP
Why
This bill adds new and unnecessary regulations on fuels.
* Fuel choices are best handled individually, and pollution controls are better handled locally.
* For many NH residents in rural areas, air quality is not a pressing concern, but heating costs are. If these residents want to continue to use standard fuel they should have the option to do so, if it is available in the marketplace.
* The transition to low sulfur oil can be accomplished without additional regulations. Awareness of the benefits, including greater efficiency, less cleaning, and cleaner air will lead most customers to purchase low sulfur fuels, if the cost is comparable. - Anti-libertySB 412establishing a minimum wage.YEA ITL
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.
Wednesday, January 27, 2016 · House · 2 positions
- Anti-libertyHB 1119-LOCALrelative to the maximum optional fee for transportation improvements charged by municipalities when collecting motor vehicle registration feesNAY OTP
Why
This bill doubles the current $5 fee to $10.
* Vehicle registration costs are already too high in NH. This is yet another tax increase that is going to hurt lower income families.
* While it's nice that the fee must go to transportation improvements, if the gas tax were used exclusively for transportation, we wouldn't need to come up with additional taxes on NH drivers. - Pro-libertyHB 1438-FN-LOCALrelative to the registration of antique trailers.YEA OTP
Why
This bill allows 2-axle antique trailers to be registered as such.
* This bill improves equality and consistency of law by allowing trailers to be registered as antique regardless of the number of axles.
* Antique trailers are not used as frequently as newer trailers, so it’s right that registering an antique trailer should be less costly.
Wednesday, January 20, 2016 · House · 4 positions
- Pro-libertyHB 552-FNrequiring the state treasurer to develop an implementation plan for the state to accept bitcoin as payment for taxes and fees.NAY ITL
Why
This bill allows greater flexibility for taxpayers.
* There is very little possible downside to this proposal. There is no financial risk to the state; the state will only hold and deal in US dollars. All bitcoin transactions are handled by a third party payment processor, at no cost.
* This legislation may help attract young entrepreneurs to NH, by sending a clear message that NH is technologically progressive, modern, and forward thinking. A willingness to embrace new technologies reflects well on the state. - Anti-libertyHB 585-FN-Arelative to fines for violation of alcoholic beverage laws.NAY OTP/A
Why
This bill would increase penalties for crimes which should not exist in law.
* Title XIII includes many victimless crimes, including prohibitions on sale of food in cigar bars (178:20-a), friends trading or gifting home-brewed beers (RSA 179:1, 175:5-b-III), and more. It also contains many very detailed licensing mandates and fees to be paid to the commission.
* Section 5 of this bill, as amended, increases and extends the existing penalty assessment of 24% authorized in RSA 188-F:31, to violations in general, not just criminal offenses, and not just those related to alcohol. This includes violations such as picking up seaweed at night (RSA 207:48), and conducting business on a Sunday (RSA 332D).
* Instead of further increasing penalties for all violations, legislators should be working to remove unnecessary laws from the books. - Pro-libertyHB 668-FNrelative to expense deductions under the business profits tax.NAY ITL
Why
This bill allows larger deductions for New Hampshire companies, especially for investments in capital equipment.
* NH currently allows only up to $25K in deductions; this bill would raise the limit to $100K. The federal government has raised the limit for deductions to $500K.
* At least 37 other states already allow deductions over $100K, and 33 allow deductions up to $500K. (<a href="http://taxfoundation.org/">http://taxfoundation.org/</a>).
* This bill encourages businesses to move to NH, and incentivizes existing NH companies to make significant investments for future growth, which benefits all NH residents.
* NH legislators should work to make NH business friendly, rather than driving them away with excessive taxes. - Anti-libertySB 576-FN-Arelative to the penalty for possession and use of fentanyl-class drugs, insurance coverage for substance use disorders, the funding of the controlled drug prescription health and safety program, the membership of the board of medicine, and prescribers of controlled drugs.NAY OTP
Why
This bill perpetuates privacy rights violations and expands bureaucracy.
* Opens the door to state funding of the prescriptions information database, with mandatory reporting of patients' private data, subject to hacking and other abuses.
* Increases burden of recordkeeping on prescribers.
* Mandates insurance coverage in accordance with recommendations of a private organization ASAM (American Society of Addiction Medicine), with interests not necessarily aligned with the state's interests.
* The fiscal note on this bill is inadequate and vague; not properly studied. This bill should not be rushed to pass without needed details.
Thursday, January 14, 2016 · Senate · 7 positions
- Anti-libertyHB 216-FNrelative to recovery of certain investigatory costs by regulatory boards and commissions.NAY OTP
Why
This bill incentivizes excessive enforcement of minor licensing infractions
* Charging targets of investigations for the costs of the investigation could encourage numerous and expensive investigations.
* 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 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 and complex. In order to improve the NH economy, and encourage innovation and entrepreneurship, legislators should be working to lessen licensing requirements and regulatory burdens. - Anti-libertyHB 353relative to the governance of condominium unit owners’ associations.NAY OTP/A
Why
This bill micromanages Home Owner Associations.
* Government should not mandate details as to how condo owners run their HOA. These policies may work for some HOAs, but not all.
- Pro-libertyHB 606-FN-Lrelative to costs for public records filed electronically.YEA OTP/A
Why
This bill reduces fees for NH residents and makes government more accessible.
* This bill will encourage people to ask for electronic copies of documents, reducing the costs of handling paperwork.
* Government should be accessible to everyone, not just those who can pay the fees. - Pro-libertySB 131-FNauthorizing the purchase of health insurance from out-of-state companies.NAY ITL
Why
This bill opens the door to more competition and more choice in heath care.
* NH customers should be allowed the opportunity to buy healthcare from any insurer willing to sell to them.
* While there may be no companies currently interested in this model, we shouldn't ignore the possibility of a health care startup revolutionizing the industry and looking to do business in NH.
* This bill allows for improved health insurance flexibility for companies looking to relocate to NH, and their employees living near other states. - Anti-libertySB 369-FNrequiring public schools to include drug and alcohol education as part of their health education curriculum.NAY OTP/A
Why
This bill imposes unnecessary, unfunded mandates on local school districts
* This bill is unnecessary. RSA 189:10 already requires drug and alcohol education. Furthermore, state regulations, ED 306, updated in July 2015, explicitly require K-12 health and wellness education programs that includes instruction on "substance use and abuse including tobacco,alcohol, and drugs".
* No members of the public were afforded an opportunity to speak at the joint public hearing, despite the fact that several had signed up to do so. It is wrong to undermine public access to the NH legislative process, particularly for the purposes of rushing through unnecessary, redundant legislation.
* In general, state legislators should not compel schools to adopt particular curricula. It should be up to local parents and teachers to determine the appropriate age to introduce these subjects. Kindergarten students do not need to be taught about alcohol. - Anti-libertySB 576-FN-Arelative to the penalty for possession and use of fentanyl-class drugs, insurance coverage for substance use disorders, the acceptance of general funds by the controlled drug prescription health and safety program, the membership of the board of medicine and prescribers of controlled drugs and making an appropriation therefor.NAY OTP/A
Why
This bill perpetuates privacy rights violations and expands bureaucracy
* Opens the door to state funding of the prescriptions information database, with mandatory reporting of patients' private data, subject to hacking and other abuses.
* Increases burden of record-keeping on prescribers
* Mandates insurance coverage in accordance with recommendations of a private organization ASAM (American Society of Addiction Medicine), with interests not necessarily aligned with the state's interests.
* The fiscal note on this bill is inadequate and vague; not properly studied. This bill should not be rushed to pass without needed details. - Anti-libertySB 61-FN-Arelative to funding for the New Hampshire agricultural lands program.YEA ITL
Why
This bill taxes everyone for the benefit of select landholders.
* It is wrong to force all taxpayers to subsidize certain farmers and landholders
* This bill spends $3M taxes per year largely on paying farmers to keep farming
* Conservation efforts are better done on the local level, closest to the people having their property and income directly affected.
Wednesday, January 6, 2016 · House · 27 positions
- Pro-libertyHB 128authorizing the purchase of health insurance from out-of-state companies.NAY ITL
Why
This bill opens the door to more competition and more choice in heath care.
* While there may be no companies currently interested in this model, we shouldn't ignore the possibility of a health care startup revolutionizing the industry and looking to do business in NH.
* Technology has transformed many industries both local and global. This has allowed for more job opportunities, better customer service, and lower prices. The health care industry will follow this path and NH customers should be allowed the opportunity to buy healthcare from any insurer willing to sell to them. - Anti-libertyHB 183relative to voter registration forms.NAY OTP
Why
This bill contains language already ruled unconstitutional.
* <strong>VOTE YEA ON FLOOR AMENDMENT 3030-H AND OTP/A.</strong>
* Representative Hoelzel's floor amendment removes the confusing language that the Supreme Court found unconstitutional.
* The voter registration form should not be used as a platform to inform voters about laws unrelated to voting. - Pro-libertyHB 197-FNrelative to sales and samples provided by wine manufacturers.YEA OTP/A
Why
This bill allows wine manufacturers to establish up to 2 'off site' locations for sampling and purchase of its wines.
* Wine manufacturers should be permitted to sell their product where their potential customers are, not restricted to selling where grapes grow best.
* Allowing local businesses to showcase local products benefits NH residents and helps the NH economy. - Anti-libertyHB 218-FNrelative to additional funding for third grade proficiency in mathematics.NAY OTP/A
Why
This bill provides fiscal incentives for failure to reach math proficiency standards.
* The state should not be rewarding failure to meet proficiency standards, in any subject, with taxpayer money. Instead, it should be allowing students, parents, and communities greater educational choice.
* There is little evidence to suggest that the original legislative effort was successful in increasing overall reading achievement.
* The new state assessment for math is only 1 year old, which provides insufficient data to derive a fiscal impact.
* Parents and voters of local school districts are best positioned to determine the strengths and weaknesses of their students and schools. - Anti-libertyHB 226allowing municipalities to borrow from their funds under certain conditions.YEA ITL
Why
This bill could incentivize towns to borrow irresponsibly to pay their bills.
* This bill promotes fiscal irresponsibility. Competent budgeting and planning should prevent the need to borrow from existing funds, dedicated to other purposes.
* This bill could produce large property tax spikes as the town's try to re-fund their accounts. Large unexpected spikes in taxes most hurt those on fixed incomes who can't afford to pay. - Anti-libertyHB 231relative to applications for school building aid.NAY OTP/A
Why
This bill goes too far in expanding criteria for state building aid.
* School building projects are better handled locally.
* The criteria for state subsidy for building projects are far too broad, both under this bill, and in current law, including any project that contributes to "operational cost efficiencies" or "educational services", or even meets "any criteria the state board of education may determine are necessary"
* Rather than subsidizing building projects across the state, state government should focus on allowing greater freedom of choice and competition in education. - Pro-libertyHB 240prohibiting law enforcement agencies from using a drone to collect evidence.YEA OTP
Why
This bill will limit law enforcement use of surveillance drones to emergencies.
* This bill removes some ambiguity from the use of drones by law enforcement, and attempts to explicitly protect a citizens right to be secure from unreasonable searches under Part First Article 19 of the NH Constitution.
* Law enforcement searches of a person's property by drone should be constrained by 4th Amendment protections of the US Constitution.
* The people of New Hampshire have a right to go about their daily lives without concern that they are being broadly or arbitrarily surveilled by a government drone. - Anti-libertyHB 253relative to the requirements for filing a charter school application.YEA ITL
Why
This bill creates arbitrary requirements for a charter school application.
* Basing 25% of the charter's approval on its mission is arbitrary and subjective and could only serve to give more latitude in eliminating public school competition.
* This bill requires evidence that certain types of programs in charter schools will not duplicate those in public schools. This essentially prohibits the charter school from attempting to do better than public schools at the same thing, thus eliminating the chance for competition.
* Often basics (especially in STEM) are required before advanced topics can be understood. Charter schools could have an innovative way to teaching students these advanced topics at a younger age but would not be allowed to offer them the foundation required because such material is already covered by traditional and/or charter schools.
* This bill requires evidence of success before sanctioning an alternate approach. We cannot expect to make progress in childhood education if we refuse to allow innovators to explore new approaches. - Pro-libertyHB 500repealing the prohibition on the use of silencing devices for taking wildlife.YEA OTP
Why
This bill allows use of suppressors for noise reduction while hunting.
* 35 states already allow use of suppressors for hunting
* Use of suppressors is already legal in NH for other activities including target shooting. This bill removes an arbitrary discrimination against people that prefer the sport of hunting.
* Firearm suppressors reduce but do not eliminate the noise from discharging a firearm, protecting the hearing of the shooter and anyone else in the area.
* A common complaint among property owners living near hunting grounds is the noise of the firearms used. This annoyance leads to conflict, and motivation to restrict hunting lands. This bill provides a compromise. While a suppressed firearm can still be heard from a distance, it is quiet enough to not wake people living near hunting grounds in the early morning hours when hunting is most common. - Pro-libertyHB 504relative to online driver education.NAY ITL
Why
This bill allows students the freedom to learn in a more efficient setting.
* Many studies have shown online learning to be as effective as in-person classes. (e.g. Russell, T. L. The No Significant Difference Phenomenon. Montgomery, AL:IDEC,1999,17 Barry, M.& Runyan, G).
* Remote learning provides much needed flexibility to students with limited transportation options, or limited means
* Remote learning helps reduce the cost of driver education - Pro-libertyHB 512prohibiting confiscation of firearms & accessories during a state of emergency.YEA OTP/A
Why
This bill extends protections of the right to gun ownership.
* This bill reinforces an existing ban on confiscation of firearms, adding teeth to penalize those who violate the rights of NH citizens.
* This bill holds officers that infringe the rights of the people of New Hampshire personally accountable, while protecting officers who defend the rights of the people, from disciplinary action. - Anti-libertyHB 549-FN-A-Lallowing school building aid grants for certain authorized projects.NAY OTP/A
Why
This bill dramatically increases state government spending, requiring that the state spend at least $50 million per year on school building aid.
* Local school districts receive the benefit of building projects and should pay the full cost locally rather than taxing the rest of the state.
* Local districts have less of an incentive to make wise cost trades when planning construction or renovation projects when additional funding is seen as 'free money from the state'. - Pro-libertyHB 552-FNdeveloping a plan for the state to accept bitcoin as payment for taxes & fees.NAY ITL
Why
This bill allows greater flexibility for taxpayers
* There is very little possible downside to this proposal. There is no financial risk to the state; the state will only hold and deal in US dollars. All bitcoin transactions are handled by a third party payment processor, at no cost.
* This legislation may help attract young entrepreneurs to NH, by sending a clear message that NH is technologically progressive, modern, and forward thinking. - Pro-libertyHB 582-FNrepealing the license requirement for carrying a concealed pistol or revolver.YEA OTP/A
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, rank among the safest places in the country.
* 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.
* There is no evidence that the current NH pistol license provides a necessary benefit to public safety. - Pro-libertyHB 601-FNrelative to cash dispensing machine requirements.YEA OTP/A
Why
This bill reduces the annual cash machine notification renewal fee by $45.
* The current fee is excessively high, going beyond covering the administrative costs of regulation.
* The NHLA would more strongly support the bill as originally introduced; eliminating annual notification requirements for cash dispensing machine operators entirely. - Anti-libertyHB 602-FNrelative to the use of drones.NAY OTP/A
Why
This bill creates arbitrary restrictions on the private use of drones while allowing government wide latitude.
* Creating wide ranging restrictions on a new technology risks stifling innovation. New Hampshire residents would be better served by a legislature that narrowly addresses specific problems.
* This bill would end commercial delivery drones before they have a chance to prove themselves viable. Requiring the approval of each property a drone flies over is impractical.
* Drones are available in many sizes and it would be impractical to write one's name, address, and phone number on a small indoor drone. The FAA has enacted rules regarding drones and has exempted small lightweight drones that cause no harm. This bill's definition of drone is too vague.
* This bill allows for the weaponizing of drones by NH police departments, further promoting police militarization, and allows several broad loopholes under which police need not obtain a warrant for drone surveillance. HB240 far better protects the rights of NH residents from warrantless searches. - Pro-libertyHB 605-FNrepealing mandatory minimum sentences.YEA OTP/A
Why
This bill repeals mandatory minimum sentencing for specific crimes.
* Mandatory minimums remove discretion from the courts, often forcing judges to impose sentences far longer than are appropriate for the situation and the crime. Restoring discretion enables the Judiciary to perform its constitutional role.
* Reducing use of excessively long minimum sentences will help slow the growth of prison populations. - Pro-libertyHB 611-FNrequiring legislative approval of contracts involving the state board and DOE.NAY ITL
Why
This bill prevents the state board and DOE from forming binding agreements with the federal government and other third parties without a public hearing and approval from the legislature.
* Agreements by the state board and DOE have imposed burdensome and expensive obligations on the state of New Hampshire and local districts.
* The people of New Hampshire have a right to voice their acceptance or rejection of these agreements through their elected representatives. - Pro-libertyHB 617-FN-Arequiring state police to wear a camera when interacting with the public.YEA OTP/A
Why
This bill establishes guidance for the use of Body-Worn Cameras by police.
* The use of BWCs as outlined in this bill will be a benefit to public safety, foster better interactions between police and members of the public, protect members of law enforcement, promote accountability and assist in investigations.
* BWCs protect both police and the citizens they interact with by providing objective evidence of encounters.
* Mandatory disclosure requirements protect civil rights and likely contribute to better behavior by all parties reducing the utilization of force.
* A 12 month study on the use of BWCs in Rialto, CA found use-of-force by officers wearing cameras fell by 59 percent and complaints against officers dropped by 87 percent compared to the previous year’s totals. - Pro-libertyHB 630-FN-Aestablishing the New Hampshire video lottery.NAY ITL
Why
This bill reduces property taxes while allowing NH residents access to expanded gaming without creating monopolistic casinos.
* The state's proceeds, estimated to be $217 million a year, would reduce the statewide property tax; more than cutting it in half. This would be about a 5% overall cut for taxpayers.
* Past bills created monopolistic privileges for only one or at most a handful of businesses to operate casinos. Existing New Hampshire businesses would have been put at a disadvantage because they would not have been allowed to compete. HB 630, on the other hand, creates a level playing field, open to businesses of any size. - Anti-libertyHB 634-FN-Aapplying the interest and dividends tax to trusts, increasing exemptions, and extending the tax to capital gains; and relative to homeowners property tax relief.YEA ITL
Why
This bill expands taxation.
* Taxing capital gains disproportionately harms the elderly, who often rely on investments to cover living expenses in retirement. NH already heavily taxes the elderly through high property taxes; this bill would make the situation even worse.
* This bill is another attempt to undermine the NH advantage. We should be seeking to reduce taxes for everyone, to encourage growth and prosperity. - Pro-libertyHB 636-FNrelative to forfeiture of property.YEA OTP/A
Why
This important bill protects the rights of NH residents to due process.
* Civil asset forfeiture involves the taking of property from a person who has not been convicted, or often even charged, with a crime. This bill corrects the injustices in current law, and protects due process, by requiring a criminal conviction prior to forfeiture of assets, and "clear and convincing evidence" on the part of the state.
* This bill ensures that property is returned to innocent property owners in a timely manner, and that they have recourse when it is not.
* This bill greatly reduces perverse incentives and appearances of impropriety by providing that proceeds from asset forfeiture no longer flow directly to the government agencies pursuing the forfeiture. - Anti-libertyHB 661-FNrelative to record keeping for sold or transferred animals.NAY OTP/A
Why
This bill burdens animal shelters with extensive new reporting requirements.
* This bill will increase the costs of shelters and other animal care facilities. The state should be seeking to reduce red tape for these organizations, not increasing it.
* This bill perpetuates the overly broad licensing requirements in RSA 437, which can be interpreted to affect non-professionals. - Anti-libertySB 110-FNestablishing the administrative supervision act.NAY OTP/A
Why
This bill protects companies practicing "bad business" while keeping their customers in the dark.
* Customers of insurance companies should know if their insurer is insolvent. This intervention in the marketplace is not the job of the state. The risk of losing customers should be enough of a motivator for insurers to follow good business practices.
* Not only does this protect the insurance companies from going out of business, it gives immunity to the government employees who fail to provide proper oversight. This bill only hurts innocent insurance customers. - Pro-libertySB 146relative to accessory dwelling units.YEA OTP/A
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. - Anti-libertySB 157-FNencouraging high school students to pass a US citizenship test.NAY OTP/A
Why
This bill erodes local control of school curricula and assessments.
* The assessment is not optional for schools. The bill as amended states that schools shall administer a competency assessment. Schools are likely to choose the US citizenship and immigration test.
* In general it is inexpedient for state legislators to compel schools to adopt particular curricula or assessments. These decisions are far better made locally, by parents and teachers. - Anti-libertySB 178relative to optometrist participation in vision insurance plans.YEA ITL
Why
This bill would prohibit insurers from requiring an optometrist to participate in a separate vision plan.
* The state legislature should not interfere in private contracts. Optometrists enter these contracts with full knowledge of the obligations of the contract.
* The insurer has the right to limit any conflict of interest to protect their customers and themselves.