Thursday, June 22, 2017 · House · 2 positions
- Pro-libertySB 43(New Title) relative to nonacademic surveys, questionnaires, or evaluations administered by a public school to its students.
Why
This bill allows parents to make informed decisions about their children's participation in non-academic surveys.
* This bill contains the language of SB 320 (2016) that passed the House and Senate only to be vetoed by Gov. Hassan.
* Schools routinely ask students to complete non-academic surveys and questionnaires to assess their attitudes, values, decision-making, and behaviors.
* Parents should be fully informed on what is being asked of their children and give explicit authorization for them to participate. - Pro-libertySB 44(New Title) prohibiting the state from requiring implementation of common core standards and relative to the amendment or approval of academic standards.
Why
This bill prohibits the state from requiring districts to implement Common Core State Standards.
* The Common Core standards claim to provide “evidence-based rigorous content,” yet there is no empirical evidence indicating that Common Core has improved student learning.
* Districts have been pressured into adopting Common Core standards, developing curricula aligned to Common Core, and buying textbooks aligned to Common Core, all at great time and expense.
* Teachers, parents, and school boards have lost control over the instruction being provided in their own classrooms under Common Core.
* Common Core is a top-down, centralized approach to education. Every child is different, and ideally should have education individualized to their needs and personality. Common Core is essentially the opposite of that.
1 bill with no position.
Thursday, June 1, 2017 · House · 3 positions
- Anti-libertySB 131-FN-Aestablishing a cross border drug interdiction program and making an appropriation therefor.
Why
This bill allocates funds to hire 5 state troopers to exclusively perform drug interdiction work.
* The War on Drugs has clearly failed; heroin was first federally regulated more than 100 years ago, yet is still beyond the control of governance even today. While it is tempting to look at the lists of arrests week after week in the paper and think we are just one more arrest from a solution, it is clear that the additional spending-and-enforcement approach is a failure.
* As with most government programs, once the new positions are created there will be significant pressure to retain the positions and their subsequent pension costs after the current "crisis" is over. This will likely result in more long-term spending than the fiscal note implies.
* "The available scientific evidence suggests… that drug-related violence and high homicide rates are likely a natural consequence of drug prohibition and that increasingly sophisticated and well-resourced methods of disrupting drug distribution networks may unintentionally increase violence. From an evidence-based public policy perspective, gun violence and the enrichment of organized crime networks appear to be natural consequences of drug prohibition..." International Centre for Science in Drug Policy at http://bit.ly/2sfOYdu - Anti-libertySB 57-FN-Amaking appropriations to the department of environmental services for the purposes of funding eligible drinking water and wastewater projects under the state aid grant program and relative to making an appropriation from the drinking water and groundwater trust fund to the department of environmental services to address drinking water contamination in Amherst.
Why
This bill would use state taxpayer money to fund selected municipal water projects.
Local water projects should be funded locally. It's inappropriate to take money from NH communities that do not have central water systems in order to subsidize communities that do.
- Pro-libertySB 8-FNrelative to school attendance in towns with no public schools.
Why
This bill provides fiscally responsible alternatives for approximately 50 school districts, which must already tuition out a portion of their student population.
• This bill as amended empowers districts without full K-12 in-district to contract with public and nonsectarian private schools, consistent with current practices in many districts.
• The amendment addresses accountability in ways consistent with existing statutes as well as to parents.
• This bill will expand more school choice options for children in rural areas of the state with few alternatives for a better educational fit.
• This bill also provides fiscally responsible options for school boards facing declining student populations and rising education costs.
• Just as school tuition programs expand choice for families, they provide fiscally responsible options for school boards given statewide student population declines and rising education costs.
Thursday, May 18, 2017 · Senate · 3 positions
- Pro-libertyHB 353-FNrelative to sales of beer in refillable containers.
Why
This bill authorizes the sale of beer in refillable containers.
* This bill allows certain on- and off-premises liquor licensees to fill refillable containers of beer, aka "growlers". A growler is a way for a craft beer lover to bring home draft beer in the same form as they would enjoy it at a restaurant. This removes one small barrier to free commerce.
* This allows consumers wishing to minimize their impact on the environment to opt to reuse containers, rather than being forced to utilize containers that must be discarded after use or go through a more energy intensive recycling process.
* This gives NH brewers another way to distribute their product without investing in expensive bottling or canning equipment. - Pro-libertyHB 474-FNregulating the use of a cell site simulator device.
Why
This bill limits the use of cell site simulator devices for the purposes of tracking or intercepting communications without a warrant or judicially-recognized exception to the warrant requirement.
* Article 19 of the NH Bill of Rights states "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." This bill helps to protect that right by clearly indicating its applicability to electronic communication devices.
* Police departments across the country have been found to utilize such devices without first obtaining a warrant, demonstrating the need for a law such as this. <a href=https://goo.gl/Wo0td7>https://goo.gl/Wo0td7</a> - Anti-libertyHB 654-FNestablishing a committee to study the regulation and taxation of vacation rentals and short-term rentals.
Why
This bill grants municipalities the ability to seek and execute search warrants on private property without evidence that a crime has been committed.
* This bill, as amended, allows municipalities to obtain a search warrant to inspect short-term/vacation rentals, upon probable cause that the property is unfit for human habitation.
* The short-term vacation rental market is already competitive, and utilizes active renter review systems.
* While the bill does contain some protections for short-term rental property owners, it erodes the rights of property owners and interferes in a marketplace that, while not perfect, self-regulates at least as well as other more highly-regulated market segments.
Thursday, May 11, 2017 · Senate · 7 positions
- Pro-libertyHB 100relative to the definition and use of toy smoke devices.
Why
This bill legalizes an additional category of fireworks.
* This will help small businesses by allowing them one more product to sell in their stores.
* A large amount of out of state money is used to buy fireworks and this bill will allow for toy smoke bombs to be included in those sales. This could help businesses other than firework stores. - Pro-libertyHB 160adding post-traumatic stress disorder and other qualifying medical conditions under therapeutic use of cannabis.
Why
This bill adds post-traumatic stress disorder and other conditions to the qualifying medical conditions under therapeutic use of cannabis.
*This bill, which originally only dealt with the use of therapeutic cannabis for treating post-traumatic stress disorder (PTSD), was amended by the Senate Health and Human Services Committee to include other positive reforms that have already been approved by the Senate this year, including the addition of "moderate to severe chronic pain" and Ehlers-Danlos Syndrome.
*Twenty-three states now allow doctors to recommend cannabis for post-traumatic stress disorder (PTSD), and several patients testified that they find it beneficial in alleviating their symptoms.
*Medical providers should be free to certify their patients for the use of therapeutic cannabis if they believe it may be helpful. There is no good reason for the state to continue to stand between medical providers and patients who may benefit from this treatment option. - Pro-libertyHB 291-FNremoving veterinarians from the requirements of adopting rules for prescribing opioids and querying the controlled drug prescription health and safety program.
Why
This bill reduces the negative impacts of the controlled drug prescription health and safety program by preventing veterinarians from having to comply with rules designed for human patients.
* Veterinarians prescribe drugs for animals, not people. As such, holding them to the same regulations as for doctors of human patients does not make sense.
* Veterinary practices are critical for farming and other economic aspects of our agrarian state; onerous regulations directly impact rural, generally low-income communities. - Pro-libertyHB 614-FNrelative to forfeiture of personal property.
Why
This bill requires state and local agencies to use our state's asset forfeiture laws in all seizures of less than $100,000.
*This bill will provide due process protections for 92% of seizures, which currently are processed without such protections through the federal equitable sharing program.
*While providing those due process protections, this bill only affects 22% of the dollars.
*Total forfeiture amounts will not be reduced unless convictions are not possible; this will protect innocent victims of seizures.
*Reductions to local agencies will be offset by increases to the AG's asset forfeiture fund and DHHS. - Pro-libertyHB 640-FNrelative to the penalties for possession of marijuana.
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. This bill would reduce the penalty for possession of 3/4 ounce or less of marijuana by a person 21 years of age or older to a violation.
* More than 60% of NH citizens support the legalization of marijuana for use by adults and more than 72% support decriminalization (2016 WMUR polls conducted by the UNH Survey Center — <a href=https://goo.gl/DoX9TJ>https://goo.gl/DoX9TJ</a>).
* Decriminalization 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. - Pro-libertyHB 98-FNrelative to brewpub licenses.
Why
This bill authorizes brewpubs to manufacture hard cider.
* This bill will help NH brewpubs and their customers by allowing the brewpub to sell cider. Cider is a growing product and this will help NH brewpubs capitalize on this trend in the beverage industry.
- Pro-libertyHB 99relative to beverage containers.
Why
This bill prohibits the liquor commission from requiring a beverage vendor to obtain federal label approval for a beverage if sold exclusively in the state of New Hampshire.
* This bill will help prevent the NH Liquor Commission from overstepping its jurisdiction.
* Federal label approval is costly, time consuming, and an unnecessary expense for products sold exclusively within the State of New Hampshire.
Thursday, May 4, 2017 · House · 5 positions
- Anti-libertySB 131-FN-A(New Title) establishing a cross border drug interdiction program and making an appropriation therefor.
Why
This bill allocates funds to hire 5 state troopers to exclusively perform drug interdiction work.
* The War on Drugs has clearly failed; heroin was first federally regulated more than 100 years ago, yet is still beyond the control of governance even today. While it is tempting to look at the lists of arrests week after week in the paper and think we are just one more arrest from a solution, it is clear that the additional spending-and-enforcement approach is a failure.
* As with most government programs, once the new positions are created there will be significant pressure to retain the positions and their subsequent pension costs after the current "crisis" is over. This will likely result in more long-term spending than the fiscal note implies. - Anti-libertySB 191-FN(New Title) establishing the kindergarten initiative development support grant program.
Why
This bill expands state responsibility for funding of kindergarten.
* Full-day kindergarten is expensive and developmentally inappropriate and should not be funded by taxpayers.
* Research indicates that half-day kindergarten is beneficial, but concludes all-day kindergarten is too long, robs children of valuable free play, and is counterproductive. <a href=https://goo.gl/IlGr75>https://goo.gl/IlGr75</a>
* Full-day kindergarten will compete with hundreds of small private businesses that are already providing these services without cost to the taxpayer.
* Studies have shown that accelerating education in young boys has potential long-term disadvantages, especially in the ability to focus at later ages. Delaying kindergarten for one year reduced inattention and hyperactivity by 73% for an average child at age 11, and it virtually eliminated the probability that an average child at that age would have an abnormal or higher-than-normal rating for the inattentive-hyperactive behavioral measure. <a href=https://goo.gl/VD9svV>https://goo.gl/VD9svV</a>
* Support floor amendment 2017-1594h which defers program until July 1, 2018. This may reduce the harm of the bill by allowing more time for parents and small businesses to adapt to the change, and by aligning with SB193's timeline for EFSA now that it has been retained by the house committee.
* Oppose the bill whether 2017-1594h passes or fails. - Anti-libertySB 242-FN-A-LOCALrelative to video lottery and table gaming.
Why
This bill violates the New Hampshire Constitution by creating state-enforced quasi-private monopolies for the purpose of expanding the size and scope of state government.
* The NHLA is not opposed to liberalizing gambling laws per se. The freedom to gamble is a liberty issue. However, this particular bill is anti-liberty for the following reasons:
* This bill creates two casino monopolies — one in each of two different categories. This is unconstitutional under Part II, Article 83 of the New Hampshire Constitution: "Free and fair competition in the trades and industries is an inherent and essential right of the people and should be protected against all monopolies and conspiracies which tend to hinder or destroy it".
* The state should not be in the business of choosing winners or losers; all businesses should be allowed to compete in a free market.
* The legislature should be looking at creative ways to reduce the size, scope, and cost of state government, or expanding the tax base by opening new markets to free and fair competition, not creating large new revenue sources through state-sanctioned monopolies. - Anti-libertySB 247-FN-Apreventing childhood lead poisoning from paint and water and making an appropriation to a special fund.
Why
This bill mandates universal medical testing of all one- and two-year-old children in the state, denies access to basic education for children who fail to comply with the testing order, and provides a $6 million state handout to property investors to make improvements to their rental properties.
* Existing RSA 130-A:5-a requires doctors to inform parents and guardians of the availability and advisability of screening their children for lead exposure. This helps to make sure that parents are aware of one of the many risks that children may face that could lead to long-term health consequences. This bill as amended goes far beyond providing advice to parents in that it now mandates testing. While such tests are often a good idea, particularly if the child is exposed to environmental risk factors, and in most cases present little to no risk to the child, the presumption that the state is authorized to mandate a medical test against the wishes of the parent is incompatible with a free society.
* While the bill contains an explicit provision to allow students to enroll in public school who were not tested at age 1 and 2, parents who choose to do so for non-religious reasons are forced to sign paperwork that may be used against them in future interactions with Child Protection Services.
* While this bill is well-intentioned and allows the legislature to feel as though they are doing "something", it may not be the best use of resources. The resources spent mandating testing of all children, regardless of the risk factors in their environment, would be better spent remediating known lead contamination risks and improving education of risk factors. Testing children after lead exposure has already occurred would identify the risk too late to serve as an early warning indication. Treatment for lead effects after exposure has occurred is not known to result in improved IQ or behavioral outcomes, relative to placebo (<a href=https://www.cdc.gov/nceh/lead/acclpp/final_document_030712.pdf>www.cdc.gov/nceh/lead/acclpp/final_document_030712.pdf</a>).
* Support floor amendment 2017-1611h which removes the testing mandate and the prohibition on school attendance. The amendment clarifies existing law that requires doctors to advise parents and guardians of the availability and advisability of screening and testing their children for lead if the doctor is unaware of prior testing of the child.
* Oppose the bill whether 2017-1611h passes or fails. Support motion to table. - Pro-libertySB 65relative to vaccines administered by pharmacists.
Why
This bill adds several common vaccines to the list of vaccines approved for administration to adults by pharmacists.
* This bill increases convenience and liberty for adults who choose to receive certain vaccines.
* Adults should not be required to wait for a potentially more expensive doctor's visit in order to receive these common vaccines.
Thursday, April 27, 2017 · Senate · 1 position
- Anti-libertyHB 516relative to the time period for refiling a petition for annulment of a criminal record
Why
This bill would allow a judge to indefinitely deny the right to petition for annulment of a criminal record.
* Under current law, a petitioner may refile a petition for annulment of a criminal record every 3 years. This bill removes that right by allowing the court to specify a time period after which the petitioner may file a new petition for annulment. This provides the court with unbounded discretion in limiting the rights of a petitioner.
Thursday, April 20, 2017 · House · 2 positions
- Pro-libertySB 15relative to the law regarding therapeutic use of cannabis.
Why
This bill allows doctors to recommend cannabis for severe pain that has not responded to previously prescribed medication or surgical measures or for which other treatment options produced serious side effects.
* Numerous studies, including clinical trials, have shown medical cannabis to be a safe and effective treatment for pain.
* Doctors are already permitted to prescribe serious, habit forming drugs for pain management. By comparison, cannabis is extremely mild. It is not reasonable to allow the prescription of hard opioids to patients suffering from pain, but not to allow the recommendation of cannabis by doctors.
* Abuse of prescription opioids is a major contributing factor to the opioid epidemic in NH. Replacement of prescription opioids with cannabis will help prevent addiction and abuse in some patients, as well as potentially reducing the quantity of prescription opioids on the street. - Pro-libertySB 17relative to treatment for hepatitis C under the law relative to use of cannabis for therapeutic purposes.
Why
This bill removes the requirement that a patient with hepatitis-C be "currently undergoing antiviral treatment" in order to qualify for the therapeutic cannabis program.
* According to a study published by the National Institutes for Health, there is substantial evidence that cannabis use may help address key challenges faced by drug users in hepatitis-C treatment (e.g., nausea, depression). https://www.ncbi.nlm.nih.gov/pubmed/16957507
* The legislature should not be inserting itself in the patient/doctor relationship and pretending to understand the medical challenges faced by patients.
Thursday, April 20, 2017 · Senate
NHLA’s recommendations for this session are published.
Thursday, April 6, 2017 · House · 17 positions
- Anti-liberty1191HFloor Amendment to HB 1-A
Why
This amendment increases spending on the NH community college system by $5.5 million over the biennium.
* This amendment forces all taxpayers to pay for increased subsidies to students who choose to attend community college.
- Neutral1242HFloor Amendment to HB 1-A
Why
This amendment restores integrity to the budget process by honestly representing federal funds that will be spent over the biennium.
* While the NHLA is not taking a position that the spending of the federal funds is either pro-liberty or appropriate, the budget should accurately reflect planned spending so that the net growth in spending is visible to the citizens of the state.
* Open and honest accounting is an important component to building trust within a civil society. - Anti-liberty1249HFloor Amendment to HB 1-A
Why
This amendment allocates an additional $5.5 million over the biennium to subsidize students who choose to attend the NH community college system.
* This amendment forces all taxpayers to pay for increased subsidies to students who choose to attend community college.
- Anti-liberty1254HFloor Amendment to HB 1-A
Why
This amendment allocates an additional $47 million of taxpayer money to developmental services.
* Though 50% of the taxpayer funding is from the federal government, the increase in spending will represent a new baseline upon which the budgets for future years will be measured. Thus the increase in state spending is likely to be permanent. Recovery of a portion of federal dollars is not a sufficient justification for additional state spending that will eventually lead to an increase in taxes.
- Pro-liberty1282HFloor Amendment to HB 1-A
Why
This amendment proportionally reduces the total appropriation for all departments, as defined in RSA 9:1, by not less than $200 million.
* This amendment directs the governor to reduce spending by at least $200 million. While the legislature should play an active role in determining the funding level of each department, this amendment recognizes that total spending in the budget is currently too high and allows the governor to make responsible spending reductions across the departments to achieve a reduction in state spending.
* The proposed reductions will require the various departments to find a 1-2% increase in efficiency and a subsequent reduction in costs. - Anti-liberty1294HFloor Amendment to HB 2-FN-A-LOCAL
Why
This amendment increases spending by $2 million over the biennium to increase state subsidy of post-secondary education.
* While concurrent enrollment allowing students to receive college and high school credit while in high school is an admirable program, the costs of these classes is currently partially paid for by parents and/or private scholarship, with the balance of the funding coming from state subsidy of the community college system. Families with students attending these classes are already receiving significant financial benefits from the taxpayers, and taxpayers should not be forced to pick up additional costs.
- Pro-liberty1297HFloor Amendment to HB 1-A
Why
This amendment reduces general fund appropriations by $25 million.
* This amendment directs the governor to reduce spending by at least $25 million. While the legislature should play an active role in determining the funding level of each department, this amendment recognizes that total spending in the budget is currently too high and allows the governor to make modest spending reductions across the departments to achieve a reduction in state spending.
- Pro-liberty1298HFloor Amendment to HB 1-A
Why
This amendment reduces general fund appropriations by $24.7 million.
* This amendment directs the governor to reduce spending by at least $24.7 million. While the legislature should play an active role in determining the funding level of each department, this amendment recognizes that total spending in the budget is currently too high and allows the governor to make modest spending reductions across the departments to achieve a reduction in state spending.
- Pro-liberty1299HFloor Amendment to HB 1-A
Why
This amendment reduces general fund appropriations by $6.6 million.
* This amendment directs the governor to reduce spending by at least $6.6 million. While the legislature should play an active role in determining the funding level of each department, this amendment recognizes that total spending in the budget is currently too high and allows the governor to make modest spending reductions across the departments to achieve a reduction in state spending.
- Pro-liberty1300HFloor Amendment to HB 1-A
Why
This amendment reduces general fund appropriations by $15 million.
* This amendment directs the governor to reduce spending by at least $15 million. While the legislature should play an active role in determining the funding level of each department, this amendment recognizes that total spending in the budget is currently too high and allows the governor to make modest spending reductions across the departments to achieve a reduction in state spending.
- Pro-liberty1301HFloor Amendment to HB 2-FN-A-LOCAL
Why
This amendment reduces spending on the failed approach to the War on Drugs by $3.6 million.
* The War on Drugs has clearly failed; heroin was first federally regulated 103 years ago, yet is still beyond the control of governance even today. While it is tempting to look at the lists of arrests week after week in the paper and think we are just one more arrest from a solution, it is clear that the additional spending-and-enforcement approach is a failure.
- Pro-liberty1328HFloor Amendment to HB 1-A
Why
This amendment restores integrity to the budget process by honestly representing federal funds that will be spent over the biennium and reduces spending by $219 million over the biennium.
* This amendment adds back in the proposed committee cuts that totaled $219 million. While the NHLA is not taking a position that the spending of the federal funds is either pro-liberty or appropriate, the budget should accurately reflect planned spending so that the net growth in spending is visible to the citizens of the state.
* The amendment instructs the Governor and the Fiscal Committee to work on ways to trim that same amount from the budgets of various departments. - Pro-liberty1329HFloor Amendment to HB 1-A
Why
This amendment restores integrity to the budget process by honestly representing federal funds that will be spent over the biennium and reduces spending by 7.5%.
* While the NHLA is not taking a position that the spending of the federal funds is either pro-liberty or appropriate, the budget should accurately reflect planned spending so that the net growth in spending is visible to the citizens of the state.
* This amendment directs the governor to reduce state general fund appropriations for all departments by not less than 7.5 percent. - Anti-liberty1333HFloor Amendment to HB 2-FN-A-LOCAL
Why
This amendment establishes keno, spends nearly $14 million on public water and wastewater projects, and eliminates the requirement for certain retired state employees to pay a portion of their Medicare Parts A and B premiums.
* While the NHLA is generally supportive of broad relaxation of rules for gambling by adults, the additional spending in this amendment still increases state expenditures and funnels money from the state to selected cities and towns. Centralized collection and distribution of tax dollars reduces accountability as compared to local spending.
* The revenue raised by the keno operation is not allocated to the spending that this amendment authorizes.
* HB560 - establishing keno has already passed the House and is currently being considered by the Senate. As a result the small improvement in liberty represented by this amendment does not offset the negative impacts of additional state spending. - Anti-liberty1334HFloor Amendment to HB 1-A
Why
This amendment authorizes future spending if revenue is higher than estimates without requiring a vote of the full legislature.
* If revenue is higher than estimates, funds should be returned to the taxpayers or at least require an "on-the-record" action of the full House and Senate.
* The legislature should not abdicate its responsibility to the citizens of New Hampshire. - Anti-libertyHB 1-Amaking appropriations for the expenses of certain departments of the state for fiscal years ending June 30, 2018 and June 30, 2019.
Why
This bill dishonestly hides increases in state spending and unacceptably grows the size of state government.
* This bill allows the growth of government to be 10.5% in the General Fund for this proposed budget.
* This bill adopts a cut in projected revenue for several funds, which senior members of the Finance committee believe will come in later and can be adopted by the Fiscal committee. This is a dishonest accounting trick to reduce the apparent size of the budget.
* The legislature should seek to return the additional tax revenues to the taxpayers during the prosperous times so that government does not become unaffordable during the lean times. - Anti-libertyHB 2-FN-A-LOCALrelative to state fees, funds, revenues, and expenditures.
Why
This bill continues the state's failed approach to the War on Drugs, promotes wealth transfer under the guise of property tax relief, and forces taxpayers to fund certain college tuition costs through a new state benefit that provides college scholarships.
* While the committee floor amendment (2017-1163h) addresses the college tuition concern, the amendment does not change our recommendation on the bill.
Thursday, April 6, 2017 · Senate · 0 positions
NHLA took no position on the 1 bill up for a vote.
Wednesday, April 5, 2017 · House · 14 positions
- Anti-liberty1191HFloor Amendment to HB 1-A
Why
This amendment increases spending on the NH community college system by $5.5 million over the biennium.
* This amendment forces all taxpayers to pay for increased subsidies to students who choose to attend community college.
- Neutral1242HFloor Amendment to HB 1-A
Why
This amendment restores integrity to the budget process by honestly representing federal funds that will be spent over the biennium.
* While the NHLA is not taking a position that the spending of the federal funds is either pro-liberty or appropriate, the budget should accurately reflect planned spending so that the net growth in spending is visible to the citizens of the state.
* Open and honest accounting is an important component to building trust within a civil society. - Anti-liberty1249HFloor Amendment to HB 1-A
Why
This amendment allocates an additional $5.5 million over the biennium to subsidize students who choose to attend the NH community college system.
* This amendment forces all taxpayers to pay for increased subsidies to students who choose to attend community college.
- Anti-liberty1254HFloor Amendment to HB 1-A
Why
This amendment allocates an additional $47 million of taxpayer money to developmental services.
* Though 50% of the taxpayer funding is from the federal government, the increase in spending will represent a new baseline upon which the budgets for future years will be measured. Thus the increase in state spending is likely to be permanent. Recovery of a portion of federal dollars is not a sufficient justification for additional state spending that will eventually lead to an increase in taxes.
- Pro-liberty1282HFloor Amendment to HB 1-A
Why
This amendment proportionally reduces the total appropriation for all departments, as defined in RSA 9:1, by not less than $200 million.
* This amendment directs the governor to reduce spending by at least $200 million. While the legislature should play an active role in determining the funding level of each department, this amendment recognizes that total spending in the budget is currently too high and allows the governor to make responsible spending reductions across the departments to achieve a reduction in state spending.
* The proposed reductions will require the various departments to find a 1-2% increase in efficiency and a subsequent reduction in costs. - Pro-liberty1289HFloor Amendment to HB 25-FN-A
Why
This amendment eliminates $2.5 million that was allocated for state police specialty vehicle storage.
* This amendment strikes the allocation for the Police Specialty Vehicle Storage Facility — a facility that costs over $300/sq ft and will be used to store 1 Lenco BearCat, 3 trucks, 4 trailers, and provide temporary storage of impounded vehicles. This is a poor use of taxpayer funds.
* The current lease cost is $50,300 yearly; the return on investment is a very long time at $2.5 million for the new facility. - Anti-liberty1294HFloor Amendment to HB 2-FN-A-LOCAL
Why
This amendment increases spending by $2 million over the biennium to increase state subsidy of post-secondary education.
* While concurrent enrollment allowing students to receive college and high school credit while in high school is an admirable program, the costs of these classes is currently partially paid for by parents and/or private scholarship, with the balance of the funding coming from state subsidy of the community college system. Families with students attending these classes are already receiving significant financial benefits from the taxpayers, and taxpayers should not be forced to pick up additional costs.
- Pro-liberty1297HFloor Amendment to HB 1-A
Why
This amendment reduces general fund appropriations by $25 million.
* This amendment directs the governor to reduce spending by at least $25 million. While the legislature should play an active role in determining the funding level of each department, this amendment recognizes that total spending in the budget is currently too high and allows the governor to make modest spending reductions across the departments to achieve a reduction in state spending.
- Pro-liberty1298HFloor Amendment to HB 1-A
Why
This amendment reduces general fund appropriations by $24.7 million.
* This amendment directs the governor to reduce spending by at least $24.7 million. While the legislature should play an active role in determining the funding level of each department, this amendment recognizes that total spending in the budget is currently too high and allows the governor to make modest spending reductions across the departments to achieve a reduction in state spending.
- Pro-liberty1299HFloor Amendment to HB 1-A
Why
This amendment reduces general fund appropriations by $6.6 million.
* This amendment directs the governor to reduce spending by at least $6.6 million. While the legislature should play an active role in determining the funding level of each department, this amendment recognizes that total spending in the budget is currently too high and allows the governor to make modest spending reductions across the departments to achieve a reduction in state spending.
- Pro-liberty1300HFloor Amendment to HB 1-A
Why
This amendment reduces general fund appropriations by $15 million.
* This amendment directs the governor to reduce spending by at least $15 million. While the legislature should play an active role in determining the funding level of each department, this amendment recognizes that total spending in the budget is currently too high and allows the governor to make modest spending reductions across the departments to achieve a reduction in state spending.
- Pro-liberty1301HFloor Amendment to HB 2-FN-A-LOCAL
Why
This amendment reduces spending on the failed approach to the War on Drugs by $3.6 million.
* The War on Drugs has clearly failed; heroin was first federally regulated 103 years ago, yet is still beyond the control of governance even today. While it is tempting to look at the lists of arrests week after week in the paper and think we are just one more arrest from a solution, it is clear that the additional spending-and-enforcement approach is a failure.
- Anti-libertyHB 1-Amaking appropriations for the expenses of certain departments of the state for fiscal years ending June 30, 2018 and June 30, 2019.
Why
This bill dishonestly hides increases in state spending and unacceptably grows the size of state government.
* This bill allows the growth of government to be 10.5% in the General Fund for this proposed budget.
* This bill adopts a cut in projected revenue for several funds, which senior members of the Finance committee believe will come in later and can be adopted by the Fiscal committee. This is a dishonest accounting trick to reduce the apparent size of the budget.
* The legislature should seek to return the additional tax revenues to the taxpayers during the prosperous times so that government does not become unaffordable during the lean times. - Anti-libertyHB 2-FN-A-LOCALrelative to state fees, funds, revenues, and expenditures.
Why
This bill continues the state's failed approach to the War on Drugs, promotes wealth transfer under the guise of property tax relief, and forces taxpayers to fund certain college tuition costs through a new state benefit that provides college scholarships.
Wednesday, March 29, 2017 · Senate · 8 positions
- Pro-libertyHB 103relative to school district policies regarding objectionable course material.
Why
Under this bill parents may temporarily remove their children from a classroom rather than having to argue for the removal of objectionable materials.
* This bill addresses the notification gap in RSA 186:11 IX-c that allows parents to select alternative materials for their children at their own expense. It does not censor the entire class' materials.
* This does not present any new or additional costs to districts as they already have notification systems in place that may be used, including but not limited to beginning-of-the-year course syllabi and material lists.
* This bill allows parents to make informed decisions regarding their children's education, and brings choices closest to the student for the best educational fit. - Anti-libertyHB 591-FNrelative to suction dredging in the surface waters of the state.
Why
This bill bans small scale suction dredging in the surface waters of the state.
* RSA 482-A:3 XI compliant suction dredging is a small scale hobby in NH with little to no environmental impact. Further restricting this hobby is unnecessary due to the lack of impact.
* The existing RSA already limits suction dredging to a 5 hp motor and a 4 inch tube. This has worked well in the past at keeping the environmental disturbance to a minimum.
* Spring runoff already results in turbidity that far exceeds the small scale impact that the suction dredging used in the state has. - Anti-libertySB 107establishing an independent redistricting commission.
Why
This bill creates a politically-connected redistricting commission to prepare a plan of apportionment of representative and senatorial districts following each decennial census.
* The makeup of the commission is designed to ensure that politically-connected individuals are appointed to this commission. While the stated purpose is to achieve a measure of independence, as designed the commission is little more than a shell game devised to shield legislators from accountability as the only options are to vote up or down the recommendation of the commission.
* According the the Secretary of State, the single largest group of registered voters in the state is "Undeclared": 279,044 (D), 305,368(R), 403,816(U). In allowing appointment by majority and minority leaders, this bill forms a commission that will have a bias to limit the emergence of alternate parties. - Pro-libertySB 159relative to qualifying medical conditions for the purposes of therapeutic cannabis.
Why
This bill adds Ehlers-Danlos syndrome to the list of qualifying conditions for therapeutic cannabis.
* Ehlers-Danlos syndrome (EDS) is a group of disorders that affect the connective tissues in skin, bones, blood vessels, and other tissues. Pain is a common manifestation of EDS. It can range from mild to severe, and can become chronic.
* Medical providers should be free to certify their patients for the use of therapeutic cannabis if they believe it may be helpful. There is no good reason for the state to continue to stand between medical providers and patients who may benefit from this treatment option. - Pro-libertySB 244-FN-Arelative to exemption of income from taxation under the tax on interest and dividends.
Why
This bill increases the tax exemption for interest and dividends from $2,400 to $10,000.
* The existing threshold was last changed more than 20 years ago in HB56 (1995). Due to inflation, the net result has been the potential for a greater number of taxpayers to be subject to the tax and is an effective year-over-year tax increase as inflation erodes the spending power of the legacy exemption.
- Anti-libertySB 249relative to procedures related to the disclosure of exculpatory evidence by police officers.
Why
This bill allows criminal defendants to be prosecuted without the benefit of potentially exculpatory evidence while administrative remedies at the police administrative level are being pursued.
* In State v. Laurie, 139 N.H. 325 (1995), the Supreme Court of New Hampshire found: <I>In New Hampshire, criminal defendants have an explicit right "to produce all proofs that may be favorable to [them]." N.H. CONST. pt. I, art. 15. As a practical matter, the prosecutor decides which information must be disclosed to a defendant in compliance with constitutional mandates, and hence to decide which favorable proofs are available to the defendant.</I> This bill creates a window of vulnerability for criminal defendants who are being prosecuted (potentially measured in months to years) while an officer is pursuing administrative remedies at the police administrative level.
* While this bill is attempting to strike a balance between unfounded accusations against police officers and the rights of the accused, it goes too far by denying prosecutors information about potentially exculpatory evidence.
* Providing a process for the removal of an improper finding of a Laurie determination against an officer is appropriate, but impeding access to potentially exculpatory evidence goes too far and may result in both overturned convictions and improper imprisonment of innocent defendants. - Pro-libertySB 65relative to vaccines administered by pharmacists.
Why
This bill adds several common vaccines to the list of vaccines approved for administration to adults by pharmacists.
* Reduces cost and increases convenience for adults who choose to receive certain vaccines.
* Adults should not be required to wait for a more expensive doctor's visit in order to receive these common vaccines. - Anti-libertySB 82relative to labeling for maple syrup.
Why
This bill mandates the relative font size and content of labels for maple syrup.
* The state should not be mandating labels and font sizes. Local stores already do a good job of highlighting local products with large endcap signs.
* The bill goes into effect 60 days after passage and contains no provisions for stores to exhaust current supplies. This will require small retailers to manually modify labels on existing stock in order to remain in compliance with the law.
Thursday, March 23, 2017 · House · 2 positions
- Pro-libertyHB 647-FN-LOCALestablishing education freedom savings accounts for children with disabilities.
Why
This bill establishes privately-funded Education Savings Accounts for children with disabilities.
* Education Savings Accounts (ESAs) are funds that children receive to a designated account that are used for specified educational purposes. This particular ESA is limited to students with a disability: children with IEPs or 504 plans. While ESAs are new to New Hampshire, they are not new to other states. Currently, five states offer ESA programs and each is unique with respect to the approved uses, eligibility qualifications, administration, accountability mechanisms, and funding sources.
* ESAs have withstood constitutional challenges. The dollar amount would be 90% of the per-pupil state adequacy amount plus any differentiated aid the home district would receive for students in grades 1 and above; 50% for kindergarten students. With 5% going to administration by a non-profit scholarship organization, the state keeps 5%, which represents a savings. Enrollment is optional.
* The Cato Institute and EdChoice representatives testified that districts would have savings if the ESA amount is less than the variable cost of an education. - Anti-libertySB 10-FNrelative to dairy farmer relief.
Why
This bill uses $2 million of NH taxpayer money to bail out dairy producers.
* According to Dot Perkins of the UNH Cooperative Extension, New Hampshire Dairy farmers have a higher cost of production than producers in many other states (https://tinyurl.com/gvl8o9a). This is true even in years where there has been no drought. When combined with the Federal Milk Marketing Orders (FMMO) program and the fact that milk is a cross-state commodity, it has been difficult for NH dairy farmers to remain competitive.
* There are many individuals and businesses that have experienced loss in the past year; a number of them, however, try to make the case that they are "special" and deserve protection.
* This bill sets a terrible precedent that when businesses have a bad year, they should look to the state for handouts. Given the overall higher production costs in the state and the market distorting federal programs, it is unlikely that this will be a "one-time" bailout.
* The government has created the issue by mandating pricing policies at the federal level. The solution is not greater government involvement, but letting the free market set the price structure for milk and dairy products.
* This bill is the worst kind of aid: it attempts to help a very small number of people, while hurting the majority of citizens who are paying for this relief.
Thursday, March 23, 2017 · Senate · 8 positions
- Anti-libertySB 120relative to the authority of the public utilities commission to regulate telecommunications service providers.
Why
This bill would grant the public utilities commission expanded regulatory control over telecommunications services.
* There is no demonstrated need for this bill. Deregulation of telecommunications has been highly successful, causing higher quality service and lower prices.
* Freedom of competition is the best form of accountability. Expanding regulatory control by the public utilities commission would primarily have the effect of reducing competition and freedom of choice.
* The standards in this bill, including "unreasonable" interruption or "reasonably" adequate are ill-defined, broad, subjective, and vague. Authorizing the public utilities commission to use the full authority of RSA 365 on local exchange carriers based on these subjective criteria is imprudent, having the effect of re-regulating the industry. - Anti-libertySB 131-FN-Arelative to the hiring of state troopers for drug interdiction work, and making an appropriation therefor.
Why
This bill allocates funds to hire 5 state troopers to exclusively perform drug interdiction work.
* The War on Drugs has clearly failed; heroin was first federally regulated more than 100 years ago, yet is still beyond the control of governance even today. While it is tempting to look at the lists of arrests week after week in the paper and think we are just one more arrest from a solution, it is clear that the additional spending-and-enforcement approach is a failure.
* As with most government programs, once the new positions are created there will be significant pressure to retain the positions and their subsequent pension costs after the current "crisis" is over. This will likely result in more long-term spending than the fiscal note implies. - Pro-libertySB 136eliminating the land use board and requiring approval of federal land acquisitions by the governor and council.
Why
This bill updates a neglected state law, RSA 121, which provides oversight and regulation of certain federal land acquisitions.
* An almost identical bill, SB 324, was passed last session, but vetoed by Governor Hassan.
* 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 2-FN-Areducing the rates of the business profits tax and the business enterprise tax
Why
This bill makes a modest reduction in the rates of the business profits tax and business enterprise tax.
* The Tax Foundation rates New Hampshire business taxes as one of the highest in the country (<a href=https://taxfoundation.org/2017-state-business-tax-climate-index/>taxfoundation.org/2017-state-business-tax-climate-index</a>).
* The current New Hampshire tax rate is comparable to Vermont and higher than New York, Massachusetts, and Rhode Island. A lower tax rate than the surrounding states would incentivize companies to migrate to New Hampshire and would result in additional jobs in our state, driving up wages.
* In a economy that is increasingly moving away from brick-and-mortar buildings to a mobile workforce, tax rates that are competitive with the balance of the country would help restore our competitive edge. - Anti-libertySB 227-FNrelative to a workforce development and training fund.
Why
This bill more than doubles the administrative contribution rate (tax) paid by certain employers, and then attempts to manage the state's economy from Concord by providing employee training for skills that the state deems as in demand.
* Businesses in the free market are already solving the issue by creating their own training programs in an effort to attract and retain employees. As a result, NH already has the lowest unemployment rate in the country (2.7% as of Jan 2017 <a href=https://www.bls.gov/web/laus/laumstrk.htm>www.bls.gov/web/laus/laumstrk.htm</a>).
* Adding additional government bureaucracy regarding unemployment and training when the state is already experiencing low unemployment rates is a poor use of tax revenue, and could potentially have unintended consequences. - Pro-libertySB 234-FNrelative to hypodermic syringes and needles containing residual amounts of controlled drugs and authorizing the operation of syringe service programs in New Hampshire.
Why
This bill reduces the harm of the War on Drugs by exempting residual amounts of controlled substances in syringes from the provisions of the Controlled Drug Act and by authorizing entities to create self-funded syringe service programs to reduce the risk of spreading transmissible diseases.
* 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.
* Needle exchange programs have a proven track record of reducing the harm of drug addiction (Steffanie A. Strathdee and David Vlahov, AIDScience Vol. 1, No. 16, December 2001, also: <A href=https://goo.gl/Q1wQYp>https://goo.gl/Q1wQYp</a>, more: <a href=http://goo.gl/hWuJoa>http://goo.gl/hWuJoa</a>). - Pro-libertySB 244-FN-Arelative to exemption of income from taxation under the tax on interest and dividends.
Why
This bill increases the tax exemption for interest and dividends from $2,400 to $10,000.
* The existing threshold was last changed more than 20 years ago in HB56 (1995). Due to inflation, the net result has been the potential for a greater number of taxpayers to be subject to the tax and is an effective year-over-year tax increase as inflation erodes the spending power of the legacy exemption.
- Anti-libertySB 41-FN-Aestablishing a fund to forgive certain educational debt and making an appropriation therefor.
Why
This bill establishes a new handout to highly-paid workers, using $4 million in taxpayer funds to pay down student debt.
* There are a variety of educational options available to graduating NH high school seniors, including universities, community colleges, trade schools, and internships. To take money from all NH residents in order to create another handout exclusively for technology students is unfair to other kinds of students, who may choose other educational options.
* The high business and property tax rates in NH are two of the main driving forces that make NH a less attractive option for businesses and working adults. The legislature would better serve residents by reducing spending and taxes, instead of spending even more tax money on creating new bureaucratic programs and band-aid fixes.
Thursday, March 16, 2017 · Senate · 14 positions
- Pro-libertySB 149authorizing individuals and certain businesses to purchase health insurance from out-of-state companies.
Why
This bill authorizes individuals and small businesses to purchase health insurance from out-of-state companies.
* This bill provides for a small improvement in the choices provided to consumers by allowing the purchase of health insurance from out-of-state carriers that are approved by the state in which the carrier does business.
* The bill contains several restraints on trade including mandating that the the state in which the carrier is approved be a member of the National Association of Insurance Commissioners and other requirements that would take effect if the Patient Protection and Affordable Care Act of 2009 is materially changed. However, the net effect on liberty is still moderately positive as it may result in an increase in choice to consumers while lowering the barriers to entry for businesses wishing to enter the NH market. - Pro-libertySB 193-FNestablishing education freedom savings accounts for students.
Why
This bill gives education consumers (parents) more options and gets us away from the one-size-fits-all mentality of traditional public schools.
* Education Savings Accounts (ESAs) are funds that children receive to a designated account, administered by a scholarship organization, that are used for specified educational purposes. This bill specifies that the funding shall be used for science, mathematics, language, government, history, health, reading, writing, spelling, the history of the constitutions of New Hampshire and the United States, and an exposure to and appreciation of art and music.
* While ESAs are new to New Hampshire, they are not new to other states. Currently five states offer ESA programs and each is unique with respect to the approved uses, eligibility qualifications, administration, accountability mechanisms, and funding sources.
* ESAs have withstood constitutional challenges. The dollar amount would be 90% of the per pupil state adequacy amount plus any differentiated aid the home district would receive for students in grades 1 and above; 50% for kindergarten students. With 5% going to administration by a non-profit scholarship organization, the state keeps 5%, which represents a savings. Enrollment is optional. - Pro-libertySB 2-FN-Areducing the rates of the business profits tax and the business enterprise tax
Why
This bill protects the property rights of business owners by reducing tax rates over a 4 year period.
* High business tax rates impede New Hampshire's ability to attract and retain businesses.
* Our ability to attract new businesses and retain existing businesses is vital to the health of our economy. Low unemployment benefits everyone.
* Broad-based tax rate reductions like those that are contained in this legislation are superior to focused tax credits as they reduce state-induced market distortions that limit the effectiveness of voluntary interaction. - Anti-libertySB 205-FN-Aestablishing the small business jobs fund and tax credit.
Why
This bill forces existing business and taxpayers to subsidize the business ventures of small businesses who are adept at navigating the requirements of a bureaucratic program and not necessarily proficient at meeting the needs of their customers.
* The state should not be in the business of choosing winners or losers; all businesses should be allowed to compete fairly in a free market.
* Broad-based tax rate reductions are superior to focused tax credits as they reduce state-induced market distortions that limit the effectiveness of voluntary interaction.
* The Department of Resources and Economic Development (DRED) indicates that at least one staff person will be required to manage the program. This will result in a permanent increase in state spending along with the liability of additional future pension costs. - Anti-libertySB 208-FNestablishing a working families property tax refund program.
Why
This bill transfers wealth from some working families and taxpayers to other working families.
* While reducing the impact of state spending on citizens is generally positive, it should be accomplished through broad-based tax rate reductions enabled by reduced spending, not by forced transfer of wealth from one class of taxpayers to another.
- Anti-libertySB 227-FNrelative to a workforce development and training fund.
Why
This bill diverts money from the unemployment compensation fund and uses it for expanded administration and marketing of other government programs.
* This bill would divert money from the unemployment compensation trust fund and use it to further expand administration and training, more than quadrupling the contributions to those funds. In the future, if the unemployment rate is higher, this will inevitably result in increased unemployment insurance rates.
* The original and stated purpose of unemployment insurance is to provide coverage to employees who find themselves out of work. If the unemployment compensation trust is well-funded, the state would be better served by reducing unemployment insurance fees, rather than by irresponsibly using a temporary surplus of unemployment insurance fees as a backdoor tax to create or expand programs, under the dishonest guise of an "administrative contribution".
* There are a variety of training options available to NH residents. To tax everyone in order to subsidize certain government-run training programs is inappropriate and unfair to other workers. - Anti-libertySB 228-FN-Aestablishing the New Hampshire college graduate retention incentive partnership (NH GRIP).
Why
This bill establishes the New Hampshire college graduate retention incentive partnership, which provides financial handouts to college graduates who are hired by participating employers.
* To take money from all NH residents in order to create another handout exclusively for students who attend college is unfair to other young adults who may choose other career options.
* The high business and property tax rates in NH are two of the main driving forces that make NH a less attractive option for businesses and young working adults. The legislature would better serve residents by reducing spending and taxes, instead of spending even more tax money on creating new bureaucratic programs and band-aid fixes.
* The bill will result in the need for additional recordkeeping by businesses and the state. - Pro-libertySB 233-FNrelative to the legalization and regulation of marijuana and establishing a committee to study the legalization of marijuana.
Why
This bill respects self-ownership, and reduces the harm of the drug war.
* Adults have a fundamental right to make their own choices, including what substances they consume.
* 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.
* This bill would take millions of dollars, not to mention many customers, out of the hands of illicit street dealers. - Anti-libertySB 236-FNmaking the Medicaid expansion law permanent
Why
This bill, as amended, extends the medicaid expansion law from 2018 to 2020.
* This program provides able-bodied, childless adults in NH above the poverty line with taxpayer funded health care.
* In 2016, the NHLA indicated that the "severability clause" in the bill would allow Centers for Medicare & Medicaid Services (CMS) to pick and choose which portions of the law would be enforced, such as the work requirement. In November 2016, as we predicted in multiple issues of the Gold Standard in the 2016 legislative session, CMS rejected the work requirement (<a href=http://goo.gl/j2nhaR>http://goo.gl/j2nhaR</a>).
* Federal money always comes with strings attached; it is not free. The national debt, which is approaching $20 trillion, is arguably the largest threat to national security. Under existing law, federal matching funds drop each year until 2020 making NH taxpayers directly fund the gap. Uncertainty over the path forward in Washington regarding updates to the federal program further complicates evaluation of whether the state will be able to maintain this program without resorting to new sources of revenue such as an income tax.
* 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 242-FN-A-Lrelative to video lottery and table gaming.
Why
This bill violates the New Hampshire Constitution by creating state-enforced quasi-private monopolies for the purpose of expanding the size and scope of state government.
* The NHLA is not opposed to liberalizing gambling laws per se. The freedom to gamble is a liberty issue. However, this particular bill is anti-liberty for the following reasons:
* This bill creates two casino monopolies — one in each of two different categories. This is unconstitutional under Part II, Article 83 of the New Hampshire Constitution: "Free and fair competition in the trades and industries is an inherent and essential right of the people and should be protected against all monopolies and conspiracies which tend to hinder or destroy it".
* The state should not be in the business of choosing winners or losers; all businesses should be allowed to compete in a free market.
* The legislature should be looking at creative ways to reduce the size, scope, and cost of state government, or expanding the tax base by opening new markets to free and fair competition, not creating large new revenue sources through state-sanctioned monopolies. - Anti-libertySB 243-FN-Arelative to complete streets policies, establishing a complete streets pilot program, and making an appropriation therefor.
Why
This bill requires the Department of Transportation to assist municipalities in implementing complete streets projects, update the state's minimum geometric guidelines for local roads, and establish a pilot program for facilitating matching grants to municipalities for complete streets projects.
* "Complete Streets" can already be built without new legislation.
* State funding for local projects of this type will tend to funnel money from rural towns to more densely populated cities. - Pro-libertySB 244-FN-Arelative to exemption of income from taxation under the tax on interest and dividends
Why
This bill increases the amount of income under the tax on interest and dividends that is exempted from taxation.
* This bill, as amended, increases the threshold at which interest and dividends are taxed from $2,400 to $10,000.
* The existing threshold was last changed more than 20 years ago in HB56 (1995). Due to inflation, the net result has been the potential for a greater number of taxpayers to be subject to the tax and is an effective year-over-year tax increase as inflation erodes the spending power of the legacy exemption. - Anti-libertySB 247-FN-Apreventing childhood lead poisoning from paint and water and making an appropriation to a special fund.
Why
This bill mandates universal medical testing of all one- and two-year-old children in the state, denies access to basic education for children who fail to comply with the testing order, and provides a $6 million state handout to property investors to make improvements to their rental properties.
* Existing RSA 130-A:5-a requires doctors to inform parents and guardians of the availability and advisability of screening their children for lead exposure. This helps to make sure that parents are aware of one of the many risks that children may face that could lead to long term health consequences. This bill as amended goes far beyond providing advice to parents in that it now mandates testing. While such tests are often a good idea, particularly if the child is exposed to environmental risk factors, and in most cases present little to no risk to the child, the presumption that the state is authorized to mandate a medical test against the wishes of the parent is incompatible with a free society.
* While the bill contains an explicit provision to allow students to enroll in public school who were not tested at age 1 and 2, parents who choose to do so for non-religious reasons are forced to sign paperwork that may be used against them in future interactions with Child Protection Services.
* While this bill is well-intentioned and allows the legislature to feel as though they are doing "something", it may not be the best use of resources. The resources spent mandating testing of all children, regardless of the risk factors in their environment, would better be spent remediating known lead contamination risks and improving education of risk factors. Testing children after lead exposure has already occurred would identify the risk too late to serve as an early warning indication. Treatment for lead effects after exposure has occurred is not known to result in improved IQ or behavioral outcomes, relative to placebo (<a href=https://www.cdc.gov/nceh/lead/acclpp/final_document_030712.pdf>www.cdc.gov/nceh/lead/acclpp/final_document_030712.pdf</a>). - Anti-libertySB 83-FN-Lrelative to the state minimum wage.
Why
This bill infringes on the freedom of workers and employers.
* Workers and employers have a right to contract for whatever wage they wish. It is wrong for government to legally prohibit voluntary employment agreements.
* 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.
Thursday, March 9, 2017 · Senate · 6 positions
- Pro-libertySB 137-FNrelative to licensure by endorsement granted by the board of nursing.
Why
This bill requires the board of nursing to grant licenses to applicants for license by endorsement for persons holding a comparable license issued by Vermont, Massachusetts, New York, or Connecticut.
* This bill offers a minor improvement in the barriers created by state licensing of nurses by reducing the barriers to entry for qualified nurses or nursing assistants to obtain employment in New Hampshire after moving to the state.
- Anti-libertySB 170relative to the authority of towns to issue bonds for the expansion of broadband infrastructure.
Why
This bill permits municipalities to issue bonds for the purpose of providing or expanding broadband infrastructure even in areas already served by an existing broadband carrier.
* This bill allows municipalities to compete with private business in the delivery of broadband services. This could discourage commercial broadband suppliers from expanding or upgrading their existing infrastructure.
* Allowing municipalities to compete with private business in this space creates the potential for a conflict of interest whereby the taxing and zoning entity with authority over the current broadband carrier could become a "competitor" of that carrier. - Anti-libertySB 30defining woodland buffers and relative to such woodland buffers for the purposes of the shoreland protection act.
Why
This bill places additional restrictions on private property for the stated purpose of improving shoreland protection.
* This bill redefines the size/shape of segments that are used to score the impact of improvements landowners make to their property for the express purpose of protecting shorelines. Property owners already have financial incentives to maintain property and limit damage that may impact the future value of their property. Attempts to micromanage property improvements with a one-size-fits-all solution infringes on property owners' rights and is unlikely to significantly contribute to shoreland protection.
*The bill mainly serves to raise the value of existing shoreline property (landscaped under the older, less restrictive scheme) by adding restrictions to new shoreline construction, making it less desirable.
* The bill reduces the time that an applicant has to respond to information requests from 120 days to 60 days, at which time the application is denied, forcing applicants to refile and potentially incur a fee as high as $3,750 per 483-B:5-b. The reduction in time does not take into account that landowners are private individuals for whom 60 days may be an insufficient amount of time to obtain quotes, select an expert, schedule an investigation, and respond to the state's demand for additional information. Some required information may be weather-dependent or other circumstances could delay the applicant. There is no reason to place any deadline on an applicant, as their delay just affects when their permit would be received.
* The bill increases the time for the state's paid professional full-time staff to evaluate applications and make a determination from 20 days to 30 days. - Anti-libertySB 41-FN-Aestablishing a fund to forgive certain educational debt and making an appropriation therefor.
Why
This bill establishes a new hand-out to highly paid workers providing $4 million in taxpayer funds to pay down student debt.
* There are a variety of educational options available to graduating NH high school seniors, including universities, community colleges, trade schools, and internships. To take money from all NH residents in order to create another handout exclusively for technology students is unfair to other kinds of students, who may choose other educational options.
* The high business and property tax rates in NH are two of the main driving forces that make NH a less attractive option for businesses and working adults. The legislature would better serve residents by reducing spending and taxes, instead of spending even more tax money on creating new bureaucratic programs and band-aid fixes. - Pro-libertySB 77-FN-Arelative to expense deductions under the business profits tax.
Why
This bill removes the state limit of $100,000 on expenses under the business profits tax, allowing taxpayers to use the current IRS limit of $500,000.
* Artificially low caps on capital expenses discourage investments in tangible property that is crucial to improving the productivity of NH businesses.
* Taxing businesses on profits that they are not realizing due to necessary capital expenditures is fundamentally unfair, and furthermore increases the costs of doing business, which will inevitably be passed on to customers. - Anti-libertySB 94-FN-Amaking a capital appropriation for affordable housing.
Why
This bill as amended allocates $5 million to provide financing and state matching funds for state-sponsored housing projects.
* The projects as defined by RSA204-C:57 needlessly encourage the creation of high density low-income housing which crowds out other affordable housing options and raises artificial barriers that families must cross in order to distinguish themselves from those who do not strive for improved wages and living conditions.
* Concentrating poor or low-income people in a small area, whether in the projects or due to the fact that only certain housing providers are willing and able to accept payment through welfare programs, creates unintended negative side effects such as crime, lack of social cohesion, and poor examples for children, affecting their future income potential (<a href=https://object.cato.org/sites/cato.org/files/pubs/pdf/pa773.pdf>https://object.cato.org/sites/cato.org/files/pubs/pdf/pa773.pdf</a> pages 9 & 10)
Wednesday, March 8, 2017 · House · 38 positions
- Anti-libertyHB 115-FNestablishing a state minimum wage and providing for adjustments to the minimum wage.
Why
This bill infringes on the freedom of workers and employers.
* Workers and employers have a right to contract for whatever wage they wish. It is wrong for government to legally prohibit voluntary employment agreements.
* 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. - Anti-libertyHB 130prohibiting an employer from using credit history in employment decisions.
Why
This bill limits employers' hiring practices.
* The state should not be interfering in or dictating businesses' hiring practices.
* This would increase the risks involved in hiring, making firms more reluctant to expand or create new jobs. Like many other well-intentioned measures, this could result in detrimental effects on the people it seeks to help. - Pro-libertyHB 157adding chronic pain to qualifying conditions under therapeutic use of cannabis.
Why
Adding chronic pain to qualifying conditions under therapeutic use of cannabis.
* Cannabis has never been known to cause a fatal overdose, and many patients use it as an alternative to opioids for treating chronic pain. A comprehensive review of medical literature on cannabis recently published by the National Academies of Sciences, Engineering, and Medicine found that "There is substantial evidence that cannabis is an effective treatment for chronic pain in adults".
* Research indicates that patients are taking fewer opioids in states where medical cannabis is legal, and those states are experiencing lower rates of overdose fatalities as well (Johns Hopkins <a href=https://goo.gl/vU0GvQ>https://goo.gl/vU0GvQ)</a>. - Pro-libertyHB 160adding post-traumatic stress disorder to qualifying medical conditions under therapeutic use of cannabis.
Why
This bill adds post-traumatic stress disorder to the qualifying medical conditions under therapeutic use of cannabis.
* Twenty-three states now allow doctors to recommend cannabis for post-traumatic stress disorder (PTSD), and several patients testified that they find it beneficial in alleviating their symptoms. Medical providers should be free to certify their patients for the use of therapeutic cannabis if they believe it may be helpful. There is no good reason for the state to continue to stand between medical providers and patients who may benefit from this treatment option.
- Pro-libertyHB 174limiting jurisdiction of the superior courts over certain adequate education statutes and adequate education grants.
Why
This bill removes jurisdiction of the Superior Court over education adequacy and funding.
* The General Court has constitutional authority to define the jurisdiction of the courts.
* The Supreme Court's rulings in Claremont wrongly equated "cherish" with "fund". The court should not be in the business of mandating funding levels; that is the role of the legislature. - Pro-libertyHB 194permitting employers to pay wages to employees weekly or biweekly
Why
This bill permits employers to pay wages to employees weekly or biweekly.
* Employers and employees are perfectly capable of determining appropriate pay periods themselves without government interference.
* One size may not fit all. Certain businesses may have many part-time employees and therefore pay weekly, while others could have long-tenured full-time employees and want to enjoy the efficiency of biweekly pay. - Pro-libertyHB 279relative to smoking on private property.
Why
This bill allows cigarette smoking in cigar bars.
* This bill as amended is a small step toward improving private property rights.
* If an establishment is permitted to allow smoking of tobacco of one kind, it is not appropriate to prevent it from allowing smoking of tobacco in another form. - Anti-libertyHB 293relative to the requirements for filing a chartered public school application.
Why
This bill adds additional requirements to the process of creating a charter school, which could hamper the development of new schools.
* The language prohibits additional schools similar in educational direction from being formed. Not everyone can commute the length of the state to attend the school that meets their needs.
* There have been numerous outcries for more STEM charter schools, but this bill would prohibit those schools from starting.
* Charter schools currently have waiting lists and this would cripple the ability to launch new schools to meet those needs. - Anti-libertyHB 351-FNmaking a person who knowingly causes the death of a child guilty of capital murder.
Why
This bill expands the use of the death penalty in NH
* 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 is at 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 expansion of the death penalty as it exists in New Hampshire is not necessary for either of these purposes.
* Long-term incarceration costs NH taxpayers less than the death penalty. - Pro-libertyHB 353-FNrelative to sales of beer in refillable containers.
Why
This bill authorizes the sale of beer in refillable containers.
* This bill allows certain on- and off-premises liquor licensees to fill refillable containers of beer, or "growlers". A growler is a way for a craft beer lover to bring home draft beer in the same form as they would enjoy it at a restaurant. This removes one small barrier to free commerce.
* This allows consumers who desire to minimize their impact on the environment to opt to reuse containers rather than being forced to utilize containers that are discarded after use or must go through a more energy intensive recycling process.
* This gives NH brewers another way to distribute their product without investing in expensive bottling or canning equipment. - Pro-libertyHB 365-FNrelative to awarding attorney's fees under the right-to-know law.
Why
This bill awards attorney's fees when a petitioner is successful in a right-to-know lawsuit where it is ruled the lawsuit was necessary in order to enforce compliance with the provisions of the Right-to-Know law or to address a purposeful violation.
* The Right-to-Know law is supposed to increase transparency in our government. It should be accessible to all NH citizens and not just the few who have the means to fund legal battles in the event of a bureaucratic mistake.
* This is a small but important change to the current law. It will make government more accountable for abuses of RSA 91-A and may provide better training to the people who hold our public records as a result.
* Support the motion to reconsider then support YEA OTP. - Pro-libertyHB 395relative to state board of education rulemaking authority over home education programs.
Why
This bill helps to ensure that the state Board of Education will not adopt burdensome regulations on home school programs at some point in the future.
* Home education does not require additional regulation by the state board of education as existing law is extremely clear on notification, subjects to be instructed, and annual testing requirements.
* House rule 44(d) prohibits adoption of legislation with the type of broad rulemaking authority currently present in RSA 21-N:9. This bill repeals this non-compliant section. - Anti-libertyHB 432relative to enforcement of parking prohibitions.
Why
This bill removes law enforcement agency discretion for issuance of a $250 fine when a vehicle that does not display a special plate or placard is parked in a designated parking space for persons with a walking disability.
* Law enforcement agencies should not be forced to prosecute minor violations without discretion. For example, a person with an obvious disability utilizing a rental vehicle who is not in possession of their placard would be required to be fined even if the officer clearly identifies that they would meet the intent of the current law. While a person who forgets their placard would always run such a risk if ticketed without the officer witnessing their entrance/exit from the vehicle, an officer should not be forced to choose between violating the law and acting as a mindless automaton of the state.
* Smaller law enforcement agencies may not have adequent funds to prosecute all of the parking violations brought to them under this law, and should have the ability to decide which cases are worth pursuing. - Pro-libertyHB 436exempting persons using virtual currency from registering as money transmitters.
Why
This bill exempts persons using virtual currency from being licensed as money transmitters.
* Virtual currency technology is relatively new and still evolving at a rapid pace. The application of legacy money transmitter license requirements to this marketplace carries significant risk of stifling innovation and puts New Hampshire at a disadvantage to other states.
- Anti-libertyHB 441relative to confidentiality in applying for public sector jobs.
Why
This bill exempts records of the initial screening process for employment in the public sector from the provisions of the Right-to-Know law.
* This bill exempts initial screening records of applications for public sector employment from 91-A requests.
* This could obscure the hiring of lesser-qualified applicants as records of better applicants would be unavailable for public inspection.
* Our constitution commands open and transparent government. - Anti-libertyHB 442relative to criminal records checks in the employee application process.
Why
This bill prohibits employers from asking a job applicant about his or her criminal history prior to an interview.
* The state should not be interfering in or dictating businesses' hiring practices.
* The state should work to reduce the number of victimless crimes in order to reduce the number of people who are negatively impacted by their prior involvement in the criminal justice system. - Pro-libertyHB 472permitting qualifying patients to cultivate cannabis for their own therapeutic use.
Why
This bill permits qualifying patients and registered caregivers to cultivate cannabis for therapeutic use.
* Qualified patients and caregivers in all three neighboring states are protected from arrest if they cultivate a limited supply of cannabis. In Massachusetts, Maine, and five other states, all adults 21 years of age and older may now legally cultivate more cannabis plants than would be allowed under this bill. Currently, patients in New Hampshire are limited to purchasing cannabis at one of four dispensaries, and personal cultivation of cannabis is a felony offense.
* The House has voted five times since 2009 to grant patients this freedom, and there is no reason the House should change its position now. - Anti-libertyHB 481relative to the use of small capacity, light weight plastic bags by retailers.
Why
This bill allows towns to require retailers to charge for plastic bags, or ban their use by retailers altogether.
* Requiring reusable bags hurts health; after San Francisco's plastic bag tax went into effect, hospital admissions for bacterial infections rose significantly.
* Reusable bags result in more carbon emissions over their lifecycle than do lightweight plastic bags, even when they are discarded (<a href=https://goo.gl/qTIF25>https://goo.gl/qTIF25</a>).
* Prohibiting retailers from providing plastic bags to customers is a violation of the rights of both retailers and their customers. - Anti-libertyHB 494relative to eligibility for a chartered public school charter.
Why
This bill adds additional requirements regarding who can initiate the process of creating a new charter school, which could hamper the development of new schools.
* This bill prevents a non-profit organization that has even a single out-of-state resident from submitting an application for a charter school.
* Restricting new applications to only NH residents could delay getting schools started. - Pro-libertyHB 522establishing a committee to review occupational licensing to determine which licenses could be made optional for practitioners.
Why
This bill establishes a committee to review occupational licensing to determine which licenses could be made optional for practitioners.
* By raising barriers to entry, overly expansive occupational licensing raises costs and decreases the quality of available services (https://www.ij.org/images/pdf_folder/economic_liberty/occupational_licensing/licensetowork.pdf). Occupational licensing of lower income trades in particular discourages entrepreneurship and unjustly eliminates opportunites to those who are most vulnerable, and who do not have paid lobbyists speaking up for their rights and interests (http://www.nytimes.com/2012/06/17/magazine/so-you-think-you-can-be-a-hair-braider.html?_r=1&ref=magazine&pagewanted=all).
* There are clear opportunities to improve NH licensing laws in order to allow more freedom of opportunity and choice, and without impacting public safety. For example, NH is one of only five states to license shampooers. It takes 1500 hours of training to become a cosmetologist in NH — far more than to become an EMT. Studying how these restrictions impact NH residents, and which of them could most benefit from reform, would provide valuable perspective to the legislature.
* The legislature should not refrain from studying this important issue out of fear of trade lobbyists, who are often looking to use the government to block competition. Instead, the legislature should concern itself with the interests of the public as a whole, which benefits from free choice, competition, and economic opportunity, and with defending the liberties of the people from regulatory capture and overreach (https://goldwater-media.s3.amazonaws.com/cms_page_media/2015/4/15/OccLicensingKauffman.pdf). - Pro-libertyHB 524relative to participation in meetings open to the public.
Why
This bill clarifies the definition of "emergency" for purposes of a quorum under the Right-to-Know law.
* Currently the word "emergency" is undefined, and as such is subjective and can be used to justify operating without a quorum for any reason.
* This bill clarifies the definition of "emergency" to include only instances of immediate peril to the public health or safety.
* There is a demonstrated need for this bill. The committee minority report indicates "The minority felt that immediate action should be taken whenever it is needed regardless of whether or not there is a disaster going on at the time". This interpretation of "emergency" shows that certain individuals are willing to corrupt the meaning of the word dramatically differently from its commonly-held usage, presumably so as not to restrain their actions. This interpretation severely undermines the intent of the law. - Pro-libertyHB 548-FNincreasing the age at which a pension begins for non-vested and newly-hired group I members of the retirement system.
Why
This bill changes the normal retirement age for non-vested and newly-hired employees of retirement system employers to be the normal retirement age under the federal Social Security Act.
* As recently as 2014, NH was found to have the 6th most underfunded pension fund in the nation. (<a href=http://www.nhbr.com/July-10-2015/NH-edging-out-of-its-pension-fund-hole/>http://www.nhbr.com/July-10-2015/NH-edging-out-of-its-pension-fund-hole/</a>).
* Taking action to align future benefits to non-vested and newly-hired employees with retirement ages that better match with current life expectancy will help preserve benefits that were promised to existing vested employees while reducing future costs.
* Private sector pensions have become increasingly rare, and it is unfair to demand that citizens continue to fund pensions for state workers when they themselves are not eligible for defined benefit plans. - Pro-libertyHB 553-FNrelative to biennial motorcycle inspections.
Why
This bill changes the vehicle inspection requirement for motorcycles from annual to biennial.
* Per the minority report, the average rider puts 2,500 miles per year on a motorcycle, and it is unlikely that a component will wear out in 5,000 miles driven in a two-year span, except tires and brakes, if the rider abuses those components.
* 33 states require no periodic safety inspection of motorcycles. This includes states with longer driving seasons. A reduction to a biennial inspection system is a modest improvement without any evidence of a loss of safety for either riders or the public.
* Citizens and motorcycle enthusiasts who wish more frequent inspections can pay for more frequent inspections if they desire. - Pro-libertyHB 560-FN-A-LOCALestablishing keno.
Why
This bill allows small businesses to provide a gaming service to customers.
* This bill avoids the pitfall of granting a monopoly (or duopoly) by allowing small businesses to host keno, and also honors the NH Constitution: "free and fair competition is an inherent right of the people".
* Many NH residents cross the border to Massachusetts to play keno already. This bill will benefit them as well as tourists who like to play keno. - Anti-libertyHB 576-FNincreasing the amount of inspection sticker fees to be transferred to the motor vehicle air pollution abatement fund.
Why
This bill increases the fee for vehicle inspection stickers, and allocates the increase to the motor vehicle air pollution abatement fund.
* NH drivers continue to get overtaxed, while infrastructure falls into disrepair. Further taxing drivers who need transportation to support themselves and their families adds insult to injury.
* The state's largest polluters are not car drivers. Forcing them to pay more while giving subsidies to coal-burning power plants sends the wrong message. - Anti-libertyHB 581-FNestablishing a credit against business profits taxes for media production expenditures in New Hampshire.
Why
This bill establishes a credit against business profits taxes for media production expenditures made in New Hampshire.
* This crony-capitalist bill would subsidize media production at the expense of all other businesses.
* Government should not be in the business of picking winners and losers. - Pro-libertyHB 589-FNrepealing the law relative to providing certain parameters for access to reproductive health care facilities.
Why
This bill repeals a violation of the First Amendment.
* Whereas the NHLA has a policy of not taking positions on the issue of abortion in general, this bill's restoration of freedom of expression protected by the First Amendment merits our taking a position in support of this bill.
* This bill repeals the "buffer zone" created by SB 319 (2014) restoring the right of people to peacefully assemble, as provided by the protections of the First Amendment.
* The provisions of SB 319 have not yet been instituted, which calls into question the necessity of the statute.
* SB 319 pushes protesters away from the source and into neighboring properties. Buffer zones are reminicent of the abhorrent "free speech zones" at Presidential events.
* Many of the complaints SB 319 looked to resolve are already covered by existing statutes. - Pro-libertyHB 599-FNestablishing the office of ombudsman in the department of state.
Why
This bill establishes the office of ombudsman in the Department of State.
* This bill creates a non-partisan office within the Secretary of State's office to investigate criminal complaints against public officials. Any complaints that have merit would be sent to the Attorney General for follow-up.
* The office would be staffed with "volunteers" paid a very small stipend and mileage to investigate these complaints. - Anti-libertyHB 605-FN-Aestablishing a scholarship for students pursuing careers in the service of children and the elderly.
Why
This bill establishes a state-administered social services scholarship program for high school students interested in pursuing careers in the social services.
* There are a variety of educational options available to graduating NH high school seniors, including universities, community colleges, trade schools, and internships. To take money from all NH residents in order to create a handout exclusively for ill-defined social services education is unfair to other kinds of students, who may choose other educational options. Though the initial bill only creates the fund, defines its use, and allocates $1 of taxpayer money, the bill contains a provision to allow future taxpayer funding per the proposed RSA-21 N(V) text which states "The fund shall include any sums appropriated for such purpose".
* The high business and property tax rates in NH are two of the main driving forces that make NH a less attractive option for businesses and working adults. The legislature would better serve residents by reducing spending and taxes, instead of creating new bureaucratic programs designed to supplant other private sector scholarship organizations. - Anti-libertyHB 606-FN-Aestablishing a scholarship fund for health care providers who stay in New Hampshire for 5 years and making an appropriation therefor.
Why
This bill establishes a health care professionals scholarship program.
* There are a variety of educational options available to graduating NH high school seniors, including universities, community colleges, trade schools, and internships. To take money from all NH residents in order to create a handout exclusively for students choosing health care education is unfair to other kinds of students, who may choose other educational options. Though the initial bill only creates the fund, defines its use, and allocates $1 of taxpayer money, the bill contains a provision to allow future taxpayer funding per the proposed RSA-21 N(V) text which states "The fund shall include any sums appropriated for such purpose".
* The high business and property tax rates in NH are two of the main driving forces that make NH a less attractive option for businesses and working adults. The legislature would better serve residents by reducing spending and taxes, instead of creating new bureaucratic programs designed to supplant other private sector scholarship organizations.
* The fiscal note states that in FY 2019 and each year thereafter up to two full-time employees may be required to manage the "no cost" program. - Pro-libertyHB 612relative to livestock and meat inspection.
Why
This bill as amended updates the religious slaughter exemption, which in current law only covers Jewish ritual slaughter, and exempts non-commercial livestock transport by farmers from licensing requirements.
* The updated religious slaughter exemption is extended to any religion which follows federal humane slaughter guidelines.
* Exempting non-commercial livestock transport by farmers from licensing requirements removes one small burden the state places on farmers, reducing both direct costs and opportunity costs to the farmer. - Pro-libertyHB 614-FNrelative to forfeiture of personal property.
Why
This bill limits the conditions under which seized property may be transfered to a federal agency.
* NH state law currently requires a criminal conviction before seized assets may go to forfeiture and provides due process protections for those who may have assets wrongly seized.
* The federal government makes available a program which bypasses the protections found in NH law.
* This bill restricts local and state agencies from accessing the less-protective federal program where the amount seized is less than $100,000 in cash.
* This bill in no way restricts criminal investigations.
* This bill specifically reaffirms the ability of local and state agencies to participate in joint taskforce operations. - Pro-libertyHB 617-FNrelative to jury trials for imposition of fines in zoning violations.
Why
This bill as amended removes the authority to charge each day of a continuing violation of planning and zoning laws
as separate offenses.* By allowing a separate violation for each day, municipalities can bypass the constitutional provision for jury trial where penalties exceed $1500.
* RSA 502-A:15 provides that in cases in which the damages claimed exceed $1,500, the defendant may file a written request for trial by jury, transfering the case from circuit court to superior court.
* The current statute allows municipalities to burden the circuit court with cases that would rise to the jurisdiction of superior court when multiple days of fines accumulate.
* Excessive fines and penalties should be open to judgment by a jury of one's peers. - Anti-libertyHB 625-FN-LOCALestablishing state holidays for elections.
Why
This bill makes the day of the biennial state primary election preceding a general election and the day of biennial state general election legal holidays of the state.
* This bill would cost the state $300,000 in overtime for fiscal year 2018 and 2020 as well as nearly $2 million in lost productivity per year at the University of New Hampshire and Community College System of New Hampshire. Polling locations across the state are open sufficient hours to allow most citizens to vote and RSA 657:4 allows for absentee ballots for employment obligation, including the care of children and infirm adults, with or without compensation.
- Pro-libertyHB 633-FNallowing health insurance policies to be sold without mandates.
Why
This bill allows health insurance policies without mandates to be sold to New Hampshire residents and allows insurers licensed to provide policies in other states to provide coverage to New Hampshire residents.
* This bill allows consumers greater flexibility in selecting health insurance policies that meet their needs, thereby broadening access to health coverage.
* This bill allows interstate competition in health insurance.
* This bill encourges additional companies to compete in the NH marketplace by lowering the bar to entry. - Pro-libertyHB 638-FN-LOCALrepealing the New Hampshire health protection program.
Why
This bill repeals the New Hampshire health protection program.
* This bill repeals the New Hampshire health protection program which will sunset at the end of 2018 due to continued reduction in federal funding. This program provides able-bodied, childless adults in NH above the poverty line with free health care.
* In 2016, the NHLA indicated that the "severability clause" in the bill would allow Centers for Medicare & Medicaid Services (CMS) to pick and choose which portions of the law would be enforced, such as the work requirement. In November 2016, as we predicted in multiple issues of the Gold Standard in the 2016 legislative season, CMS rejected the work requirement (<a href=http://goo.gl/j2nhaR>http://goo.gl/j2nhaR</a>).
* Federal money always comes with strings attached; it is not free. The national debt, which is approaching $20 trillion, is arguably the largest threat to national security.
* 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.
* Given the uncertainty in the federal law on which this program is based, <b>support the motion to recommit</b> if one is made, so that the bill may be amended if required in response to potential changes in the federal law upon which the existing RSA is based. - Pro-libertyHB 640-FNrelative to the penalties for possession of marijuana.
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. This bill would reduce the penalty for possession of one ounce or less of marijuana by a person 21 years of age or older to a violation.
* More than 60% of NH citizens support the legalization of recreational marijuana and more than 72% support decriminalization (2016 WMUR polls conducted by the UNH Survey Center — <a href=https://goo.gl/DoX9TJ>https://goo.gl/DoX9TJ</a>)
* Decriminalization 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 94-FNprohibiting certain defenses in prostitution and human trafficking cases.
Why
This bill prohibits certain defenses in prostitution and human trafficking cases.
* "Mens rea" — ill intent — is a fundamental principle of Anglo-American common law. This bill would undermine it.
* People should not be convicted of felonies they were provably unaware of having committed.
Thursday, February 23, 2017 · Senate · 17 positions
- Anti-libertySB 10-FNrelative to dairy farmer relief.
Why
This bill uses $2 million of NH taxpayer money to bailout dairy producers
* According to Dot Perkins of the UNH Cooperative Extension, New Hampshire Dairy farmers have a higher cost of production than producers in many other states. (https://tinyurl.com/gvl8o9a). This is true even in years where there has been no drought. When combined with the Federal Milk Marketing Orders (FMMO) program and the fact that milk is a cross-state commodity, it has been difficult for NH dairy farmers to remain competitive. However, there are many individuals and businesses that have experienced loss in the past year, and many can and do make the case that they are "special" and deserve protection.
* This bill sets a terrible precedent that when businesses have a bad year, they should look to the state for handouts. Given the overall higher production costs in the state and the market distorting federal programs, it is unlikely that this will be a 'one-time' bailout. - Anti-libertySB 100-FN-Amaking a general fund appropriation for continuation of the project development phase of the New Hampshire capital rail corridor project.
Why
This bill makes a $4 million general fund appropriation for continuation of the project development phase of the New Hampshire capital rail corridor project (passenger rail along I-93 from Massachusetts to Concord).
* This bill allocates $4 million for the development of passenger rail from Massachusetts to Concord. This is a fraction of the full cost of such a project. Passenger rail is a waste of taxpayer money. It is particularly unsuited to a rural state such as New Hampshire. Only a tiny fraction of the population would use it, and at the expense of being heavily subsidized by other taxpayers.
* Bus service is far more cost-effective than passenger rail as it requires almost no capital outlays and has the flexibility to go where demand exists. For example, even in the heavily traveled Boston-New York market, the subsidized Amtrak fare is $100, while the unsubsidized private bus fares are under $25.
* Passenger rail is a 20th century solution in a 21st century world. According to a 2015 Gallup poll (https://tinyurl.com/gpnfo5p), 37% of U.S. workers say they have telecommuted — more than 4 times higher than what was found in 1995. - Anti-libertySB 102relative to eligibility of school district employees for Family and Medical Leave Act.
Why
This bill would add yet another state mandate on our local school districts by requiring more temporary workers and substitute teachers to hold the place of part-time school district employees away on leave.
* The Family and Medical Leave Act (FMLA) requires private businesses of more than 50 employees and all public employers to allow employees to take 12 weeks of unpaid, job-protected leave for specified family and medical reasons.
* FMLA restricts this benefit to employees who have worked a minimum of 20 weeks and 1,250 hours during the preceding year.
* This bill expands the federal requirement by providing benefits to part-time school district employees who have only worked 900 hours during the preceding year. - Anti-libertySB 135-FNrelative to the regulation of electricians.
Why
This bill mandates that all electrical installation shall be made by a person licensed by the electricians' board.
* Under both the current law and this bill, homeowners are allowed to perform electrical installations in their single family residence. However, under current law, the homeowner may seek the consult of a knowledgeable friend or relative to help ensure the safety of the work. Under this bill, even a qualified electrical engineer familiar with the code would be breaking the law by helping a friend perform electrical installations. As a result this bill may discourage individuals from offering help.
* This is practically unenforceable — homeowners safely change light switches and electrical outlets all the time under the guidance of an experienced friend or relative without issue.
* The bill further complicates our out-of-date law, which even restricts relatively simple IEEE 802.3af-2003 power-over-ethernet wiring applications. Homeowners often rely on knowledgeable friends and relatives to provide assistance in running network cables; however, under this bill the friend would be guilty of a misdemeanor for offering this assistance. - Pro-libertySB 144-FNrelative to qualifying medical conditions for the therapeutic use of cannabis.
Why
This bill clarifies the definition of "qualifying medical condition" and deletes the requirement that a medical provider document how the injury affects activities of daily living in order for a patient to qualify for therapeutic use of cannabis.
* The clarified language of this bill removes an artificial barrier to therapeutic cannabis use which is not applied to other potentially harmful treatments. This reduces state interference in the doctor/patient relationship.
- Anti-libertySB 173relative to the use of accessory dwelling units.
Why
This bill provides that accessory dwelling units may not be used as short-term rentals.
* An "Accessory Dwelling Unit'' is a second dwelling unit, attached or detached, located on the same lot as the permitted principal dwelling unit. Under the existing RSA 674:72 a municipality may require owner-occupancy of one of the dwelling units.
* This bill unconditionally bans short-term rental of accessory dwelling units, which places an arbitrary and unfair restriction on the use of private property.
* Depriving families of a potential source of supplementary income may mean the difference between a family being able to thrive in their home and failing to make ends meet and ultimately losing their home.
* The emerging sharing economy has been a benefit to NH residents and should be encouraged, not stifled by the state. - Anti-libertySB 192-FNrelative to state contributions to public school renovations.
Why
This bill specifies the amount of school building aid grants to be distributed in each fiscal year of the biennium ending June 30, 2019, and provides that there shall be no moratorium on school building aid for the biennium ending June 30, 2019.
* With state building aid, local districts may fund more extravagant schools than they would if they had to pay the full cost themselves.
* The bill requires the commissioner of the Department of Education to distribute school building grants in the amount of $50 million. This mandated level of spending increases the risk of wasteful spending by establishing a sense of urgency to hit a specific spending target. - Pro-libertySB 193-FNestablishing education freedom savings accounts for students.
Why
This bill establishes education freedom savings accounts for children.
* Education Savings Accounts (ESAs) are funds that children receive to a designated account, administered by a scholarship organization, that are used for specified educational purposes. This bill specifies that the funding shall be used for science, mathematics, language, government, history, health, reading, writing, spelling, the history of the constitutions of New Hampshire and the United States, and an exposure to and appreciation of art and music.
* While ESAs are new to New Hampshire, they are not new to other states. Currently five states offer ESA programs and each is unique with respect to the approved uses, eligibility qualifications, administration, accountability mechanisms, and funding sources.
* ESAs have withstood constitutional challenges. The dollar amount would be 90% of the per pupil state adequacy amount plus any differentiated aid the home district would receive for students in grades 1 and above; 50% for kindergarten students. With 5% going to administration by a non-profit scholarship organization, the state keeps 5%, which represents a savings. Enrollment is optional.
* Giving education consumers (parents) more options gets us away from the one-size-fits-all mentality of traditional public schools. - Anti-libertySB 228-FN-Aestablishing the New Hampshire college graduate retention incentive partnership (NH GRIP).
Why
This bill establishes the New Hampshire college graduate retention incentive partnership which provides financial handouts to college graduates who are hired by participating employers.
* To take money from all NH residents in order to create another handout exclusively for students who attend college is unfair to other young adults who may choose other career options.
* The high business and property tax rates in NH are two of the main driving forces that make NH a less attractive option for businesses and young working adults. The legislature would better serve residents by reducing spending and taxes, instead of spending even more tax money on creating new bureaucratic programs and band-aid fixes.
* The bill will result in the need for additional recordkeeping by businesses and the state. - Anti-libertySB 243-FN-Arelative to complete streets policies, establishing a complete streets pilot program, and making an appropriation therefor.
Why
This bill requires the Department of Transportation to assist municipalities in implementing complete streets projects, update the state's minimum geometric guidelines for local roads, and establish a pilot program for facilitating matching grants to municipalities for complete streets projects.
* "Complete Streets" can already be built without new legislation.
* State funding for local projects of this type will tend to funnel money from rural towns to more densely populated cities. - Anti-libertySB 30defining woodland buffers and relative to such woodland buffers for the purposes of the shoreland protection act
Why
This bill places additional restrictions on private property for the stated purpose of improving shoreland protection.
* This bill redefines the size/shape of segments that are used to score the impact of improvements landowners make to their property for the express purpose of protecting shorelines. Property owners already have financial incentives to maintain property and limit damage that may impact the future value of their property. Attempts to micromanage property improvements with a one-size-fits-all solution infringes on property owners' rights and is unlikely to significantly contribute to shoreland protection.
*The bill mainly serves to raise the value of existing shoreline property (landscaped under the older, less restrictive scheme) by adding restrictions to new shoreline construction, making it less desirable.
* The bill reduces the time that an applicant has to respond to information requests from 120 days to 60 days, at which time the application is denied, forcing applicants to refile and potentially incur a fee as high as $3,750 per 483-B:5-b. The reduction in time does not take into account that landowners are private individuals for whom 60 days may be an insufficient amount of time to obtain quotes, select an expert, schedule an investigation, and respond to the state's demand for additional information. Some required information may be weather-dependent or other circumstances could delay the applicant. There is no reason to place any deadline on an applicant, as their delay just affects when their permit would be received.
* The bill increases the time for the state's paid professional full-time staff to evaluate applications and make a determination from 20 days to 30 days. - Pro-libertySB 43relative to non-academic surveys administered by a public school to its students.
Why
This bill allows parents to make informed decisions about their children's participation in non-academic surveys.
* This bill contains the language of SB 320 (2016) that passed the House and Senate only to be vetoed by Gov. Hassan.
* Schools routinely ask students to complete non-academic surveys and questionnaires to assess their attitudes, values, decision-making, and behaviors.
* Parents should be fully informed on what is being asked of their children and give explicit authorization for them to participate. - Pro-libertySB 44prohibiting the state from requiring implementation of common core standards.
Why
This bill prohibits the state from requiring districts to implement Common Core State Standards.
* The Common Core standards claim to provide “evidence-based rigorous content,” yet there is no empirical evidence indicating that Common Core has improved student learning.
* Districts have been pressured into adopting Common Core standards, developing curricula aligned to Common Core, and buying textbooks aligned to Common Core, all at great time and expense.
* Teachers, parents, and school boards have lost control over the instruction being provided in their own classrooms under Common Core.
* Common Core is a top-down, centralized approach to education. Every child is different, and ideally should have education individualized to their needs and personality. Common Core is essentially the opposite of that. - Anti-libertySB 54relative to the licensure of alcohol and drug counselors.
Why
This bill increases the number of hours of alcohol and drug use education required for initial licensure as a master licensed alcohol and drug counselor or as a licensed alcohol and drug counselor.
* There is a shortage of alcohol and drug counselors in the state, and training requirements are already extensive, requiring years of full-time study. We should not be making it even more difficult for a person to become a licensed counselor.
* Suddenly raising requirements may force those who have already qualified as a counselor in NH to go back to school for additional training. - Anti-libertySB 79relative to taxation of historic residential structures.
Why
This bill enables municipalities to reduce the assessed value of qualifying historic residential structures based on an analysis completed by an architectural historian.
* This bill allows for tax breaks for a select few at the expense of many in a municipality.
* Reducing restrictions on historic homes would do more to help the owners of these properties than a five-year temporary tax break. - Pro-libertySB 8-FNrelative to school attendance in towns with no public schools.
Why
This bill allows small districts to make agreements with other public and private schools if the grade level is not offered in-district.
* This bill contains the language of HB 1637 (2016) that passed the House and Senate only to be vetoed by Gov. Hassan.
* It clarifies existing statutes: small towns across the state that do not provide full K-12 education in-district may enter into tuition agreements with other schools.
* It is consistent with RSA 194:22 Contracts with Schools and RSA 193:1 Compulsory Attendance.
* It is consistent with current practices by NH districts that have tuition agreements with private schools, including some located out-of-state. - Anti-libertySB 97-FN-Arelative to funding the New Hampshire agricultural lands program.
Why
This bill uses tax dollars extracted from everyone for the benefit of select landholders.
* It is wrong to force all taxpayers to subsidize certain farmers and landholders.
* This bill spends $3 million in taxes per year, largely on paying farmers to keep farming.
* Conservation efforts are better done at the local level, directly closest to the people having their property and income affected.
Thursday, February 16, 2017 · House · 9 positions
- Pro-libertyHB 133relative to a jury’s determination as to the applicability of law.
Why
This bill directs courts to inform juries about their right to judge the facts and the application of the law in relation to the facts in controversy.
* This bill does not create any new power for juries—it simply provides mechanisms for the court to inform them of their longstanding rights to judge both fact and law in cases before them.
* While existing law already allows jurors to be informed, this bill provides clear language that will help to ensure that jurors receive consistent and clear instructions. - Anti-libertyHB 201-FNrequiring background checks for commercial firearms sales.
Why
This bill requires background checks for all transfers or sales of firearms.
*This bill perpetuates the "gun show loophole" myth. Commercial firearm sales, whether in a retail outlet, over the internet, or at a gun show already require an NICS check by the licensed dealer.
* Gun control laws put barriers in the way of law-abiding citizens. Criminals will continue to find new ways to get firearms, regardless of the laws.
* The definition of commercial sales used in the bill is broad and conflicts with the stated exemption for private non-commercial sales, resulting in a vague law that will be difficult to enforce or follow.
* As drafted, the bill puts licensed dealers at risk of violating federal law on transfers between people in which the transaction does not go through instantly and when subsequently the seller wants to "hold on to the firearm". After the firearm has been handed over to a dealer, it cannot leave the premises until a background check has been run on either the seller or the buyer. - Anti-libertyHB 212-FN-LOCALrelative to police attendance at public meetings and functions.
Why
This bill criminalizes holding a public meeting or function without first making application for police attendance at that function.
* The language of "may potentially involve traffic-related problems, lead to a public disturbance or public nuisance, or endanger the public health, safety, or welfare" is exceedingly broad and potentially could apply to any size meeting or function.
* The bill is inconsistent with Article 32 of the NH Bill of Rights - Right of Assembly, Instruction, and Petition. - Pro-libertyHB 223prohibiting recipients of county or municipal funds from using such funds for lobbying.
Why
This bill expands the current prohibition on lobbying by recipients of state funds to cover those who receive county or municipal funds.
* Taxpayers should not be forced to pay for lobbyists to lobby against their interests.
* The local towns and city employees have the same opportunity to contact legislators as citizens do. County and municipal employees should not be allowed use taxpayer funds for activism. It's a clear conflict of interest.
* The state already restricts lobbying by entities that receive state funds under RSA 15:5. This bill simply expands the restriction to cover county and municipal funds while retaining the responsible exemptions from the prohibition that have served the state for more than 10 years. - Pro-libertyHB 227relative to aftermarket tinting on side windows
Why
This bill removes the current prohibition on aftermarket tinting of 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.
• It is unfair to allow out-of-state visitors to drive with tinted windows, but prohibit them to NH residents. - Anti-libertyHB 318-FN-Arelative to a tax on premium cigars.
Why
This bill creates a new tax on premium cigars at a rate of 15% of the wholesale price.
* This bill would directly erode the New Hampshire advantage. NH presently has no tax on cigars. That fact has specifically drawn multiple cigar companies to NH; several moved here when MA imposed its cigar tax in 1996.
* The tax hike of $78,719 estimated in the fiscal note fails to take into account the impact of the inevitable lost sales that would result from out-of-state buyers who may now opt to purchase cigars in their home state. Business taxes paid by cigar sellers and other businesses that benefit from the out-of-state traffic that the sales generate would inevitably be lost due to decreased premium cigar sales. - Anti-libertyHB 333-FNremoving the exemption for premium cigars from the tobacco tax.
Why
This bill removes the exemption on premium cigars from the tobacco tax.
* This bill would directly erode the New Hampshire advantage. NH presently has no tax on cigars. That fact has specifically drawn multiple cigar companies to NH; several moved here when MA imposed its cigar tax in 1996.
* The tax hike of $340K estimated in the fiscal note fails to take into account the impact of the inevitable lost sales that would result from out-of-state buyers who may now opt to purchase cigars in their home state. Business taxes paid by cigar sellers and other businesses that benefit from the out-of-state traffic that the sales generate would inevitably be lost due to decreased premium cigar sales. - Pro-libertyHB 365-FNrelative to awarding attorney’s fees under the right-to-know law.
Why
This bill awards attorney's fees when a petitioner is successful in a right-to-know lawsuit where it is ruled the lawsuit was necessary in order to enforce compliance with the provisions of the right-to-know law or to address a purposeful violation.
* The right-to-know law is supposed to increase transparency in our government. It should be accessible to all NH citizens and not just the few who have the means to fund legal battles in the event of a bureaucratic mistake.
* This is a small but important change to the current law. It will make government more accountable for abuses of RSA 91:A and may provide better training to the people who hold our public records as a result. - Pro-libertySB 11-FNprohibiting collective bargaining agreements that require employees to join or contribute to a labor union.
Why
This bill prohibits collective bargaining agreements that require employees to join or contribute to a labor union and prohibits coercion and intimidation intended to compel an employee to join, affiliate with, or financially support a labor organization or to refrain from doing so.
* The federal National Labor Relations Act (NLRA) contains several coercive mechanisms that infringe upon the rights of workers and business owners. Among these are section 9a which mandates exclusive representation by a single union and mandates that the union representative is given opportunity to be present at grievance adjustment between employers and employees even if the employee does not wish that the representative is present. In addition, it forces employers to recognize and bargain collectively with unions following a majority vote of their workforces.
* Right-to-work is the only way currently permitted under federal law to restore some of the freedom of dissenting workers and their employers to withhold support from unions with whom they disagree. While this bill interferes with freedom of contract, it does so in a way intended to remedy current, more egregious limitations of freedom of contract.
* Public sector collective bargaining is often more harmful than private sector collective bargaining because taxpayers are not directly represented in negotiations. “It is impossible to bargain collectively with the government,” said Franklin D. Roosevelt, who opposed public sector unions. Public sector right-to-work reduces union density in government and reduces government spending and taxes (Ichniowski & Zax 1991).
Thursday, February 16, 2017 · Senate · 4 positions
- Anti-libertySB 182relative to meals and rooms tax annual revenue reporting by the department of revenue administration.
Why
This bill increases the burden on businesses by requiring recordkeeping to show the town or city in which taxes were collected.
* While the incremental costs and complexity of this bill are small, the number of hours wasted each year in the collection, reporting, correction, and maintenance of the additional records is significant when applied to the more than 3,000 establishments for whom this would apply.
* While it is unlikely that the incremental costs of this bill would make or break the profitability of any business, the accumulated costs of ever increasing state-driven mandates are significant. - Pro-libertySB 229-FN-Lrelative to appraisals of residential property, procedures in eminent domain proceedings, and expenditures from the energy efficiency fund.
Why
This bill helps to protect property rights from eminent domain abuse.
* This bill partially mitigates the harm done to residential landowners whose property is acquired via eminent domain. Owners of residential properties being taken may require the taking of the entire property, if they desire, so they will not be forced to live with the project being developed.
* It allows the owner of the property to select their own appraiser and to have the costs of the appraisal paid for by the pipeline company.
* It allows a resident owner to be awarded reasonable relocation, temporary housing, and legal expenses not to exceed 10 percent of the compensation ordered for the taking. - Anti-libertySB 30defining woodland buffers and relative to such woodland buffers for the purposes of the shoreland protection act.
Why
This bill places additional restrictions on private property for the stated purpose of improving shoreland protection.
* This bill redefines the size/shape of segments that are used to score the impact of improvements landowners make to their property for the express purpose of protecting shorelines. Property owners already have financial incentives to maintain property and limit damage that may impact the future value of their property. Attempts to micromanage property improvements with a one-size-fits-all solution infringes on property owners' rights and is unlikely to significantly contribute to shoreland protection.
*The bill mainly serves to raise the value of existing shoreline property (landscaped under the older, less restrictive scheme) by adding restrictions to new shoreline construction, making it less desirable.
* The bill reduces the time that an applicant has to respond to information requests from 120 days to 60 days, at which time the application is denied, forcing applicants to refile and potentially incur a fee as high as $3,750 per 483-B:5-b. The reduction in time does not take into account that landowners are private individuals for whom 60 days may be an insufficient amount of time to obtain quotes, select an expert, schedule an investigation, and respond to the state's demand for additional information. Some required information may be weather-dependent or other circumstances could delay the applicant. There is no reason to place any deadline on an applicant, as their delay just affects when their permit would be received.
* The bill increases the time for the state's paid professional full-time staff to evaluate applications and make a determination from 20 days to 30 days. - Anti-libertySB 90-FNadjusting the minimum employer’s contribution rate for unemployment insurance.
Why
This bill doubles the minimum tax rate employers pay for unemployment insurance.
* The current unemployment insurance tax is designed to adapt to changing economic conditions and adjust the minimum tax rate depending on the size of the state unemployment compensation fund. Increasing the minimum tax rate in cases where the compensation fund has significant resources will only tempt future legislators or governors to raid the dedicated fund for another purpose. RSA 282-A:140 II already provides broad authority for unexpected use of these funds.
* A 100% increase in the minimum tax rate will hurt businesses.
Wednesday, February 15, 2017 · House · 20 positions
- Pro-libertyHB 133relative to a jury’s determination as to the applicability of law.
Why
This bill directs courts to inform juries about their right to judge the facts and the application of the law in relation to the facts in controversy.
* This bill does not create any new power for juries—it simply provides mechanisms for the court to inform them of their longstanding rights to judge both fact and law in cases before them.
* While existing law already allows jurors to be informed, this bill provides clear language that will help to ensure that jurors receive consistent and clear instructions. - Pro-libertyHB 171prohibiting the state or its political subdivisions from assisting a federal agency in the collection of electronic data without a warrant
Why
This bill prohibits the state and its political subdivisions from assisting or enabling a federal agency in the collection of personal electronic data without informed consent or a warrant issued by a judge based upon probable cause.
* Both the NH Constitution (Article 19) and the US Constitution (4th Amendment) recognize the rights of citizens to be secure from searches and seizures of their papers and possessions.
* NH law enforcement should not be obligated to participate and assist in unconstitutional acts by federal agencies. - Anti-libertyHB 201-FNrequiring background checks for commercial firearms sales.
Why
This bill requires background checks for all transfers or sales of firearms.
*This bill perpetuates the "gun show loophole" myth. Commercial firearm sales, whether in a retail outlet, over the internet, or at a gun show already require an NICS check by the licensed dealer.
* Gun control laws put barriers in the way of law-abiding citizens. Criminals will continue to find new ways to get firearms, regardless of the laws.
* The definition of commercial sales used in the bill is broad and conflicts with the stated exemption for private non-commercial sales, resulting in a vague law that will be difficult to enforce or follow.
* As drafted, the bill puts licensed dealers at risk of violating federal law on transfers between people in which the transaction does not go through instantly and when subsequently the seller wants to "hold on to the firearm". After the firearm has been handed over to a dealer, it cannot leave the premises until a background check has been run on either the seller or the buyer. - Anti-libertyHB 203-FN-Aestablishing an independent redistricting commission.
Why
This bill creates an unaccountable, tax-funded redistricting commission.
• The approach for creating this 'independent' commission is 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 purportedly independent commission would allow the legislature to claim plausible deniability in cases of gerrymandering, preventing voters from being able to properly influence the process or hold the officials involved accountable.
• The proposed “independent” commission would create significant new spending, including staff, rent, consultants, software, and other supplies, and even establishes a new state-funded election integrity attorney. This bill seeks to fund these new expenses by creating a new tax on political speech. - Anti-libertyHB 212-FN-LOCALrelative to police attendance at public meetings and functions.
Why
This bill criminalizes holding a public meeting or function without first making application for police attendance at that function.
* The language of "may potentially involve traffic-related problems, lead to a public disturbance or public nuisance, or endanger the public health, safety, or welfare" is exceedingly broad and potentially could apply to any size meeting or function.
* The bill is inconsistent with Article 32 of the NH Bill of Rights - Right of Assembly, Instruction, and Petition. - Pro-libertyHB 223prohibiting recipients of county or municipal funds from using such funds for lobbying.
Why
This bill expands the current prohibition on lobbying by recipients of state funds to cover those who receive county or municipal funds.
* Taxpayers should not be forced to pay for lobbyists to lobby against their interests.
* The local towns and city employees have the same opportunity to contact legislators as citizens do. County and municipal employees should not be allowed use taxpayer funds for activism. It's a clear conflict of interest.
* The state already restricts lobbying by entities that receive state funds under RSA 15:5. This bill simply expands the restriction to cover county and municipal funds while retaining the responsible exemptions from the prohibition that have served the state for more than 10 years. - Pro-libertyHB 227relative to aftermarket tinting on side windows
Why
This bill removes the current prohibition on aftermarket tinting of 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.
• It is unfair to allow out-of-state visitors to drive with tinted windows, but prohibit them to NH residents. - Anti-libertyHB 318-FN-Arelative to a tax on premium cigars.
Why
This bill creates a new tax on premium cigars at a rate of 15% of the wholesale price.
* This bill would directly erode the New Hampshire advantage. NH presently has no tax on cigars. That fact has specifically drawn multiple cigar companies to NH; several moved here when MA imposed its cigar tax in 1996.
* The tax hike of $78,719 estimated in the fiscal note fails to take into account the impact of the inevitable lost sales that would result from out-of-state buyers who may now opt to purchase cigars in their home state. Business taxes paid by cigar sellers and other businesses that benefit from the out-of-state traffic that the sales generate would inevitably be lost due to decreased premium cigar sales. - Anti-libertyHB 333-FNremoving the exemption for premium cigars from the tobacco tax.
Why
This bill removes the exemption on premium cigars from the tobacco tax.
* This bill would directly erode the New Hampshire advantage. NH presently has no tax on cigars. That fact has specifically drawn multiple cigar companies to NH; several moved here when MA imposed its cigar tax in 1996.
* The tax hike of $340K estimated in the fiscal note fails to take into account the impact of the inevitable lost sales that would result from out-of-state buyers who may now opt to purchase cigars in their home state. Business taxes paid by cigar sellers and other businesses that benefit from the out-of-state traffic that the sales generate would inevitably be lost due to decreased premium cigar sales. - Anti-libertyHB 350-FNprohibiting possession of a firearm at a polling place.
Why
This bill would make it a class B felony to possess a firearm or other deadly weapon at a polling place.
* This bill is a clear violation of Part First Article 2-a of the New Hampshire Constitution.
* Citizens of New Hampshire should not be required to surrender their right to carry an implement of self-defense or otherwise reduce their ability to defend themselves in order to exercise their right to vote.
* This bill is largely unenforceable, as many citizens peacefully and inconspicuously carry a concealed firearm daily throughout the state.
* As with the majority of proposed weapons regulations, this bill does nothing to prevent criminals from carrying out violent acts. - Pro-libertyHB 365-FNrelative to awarding attorney’s fees under the right-to-know law.
Why
This bill awards attorney's fees when a petitioner is successful in a right-to-know lawsuit where it is ruled the lawsuit was necessary in order to enforce compliance with the provisions of the right-to-know law or to address a purposeful violation.
* The right-to-know law is supposed to increase transparency in our government. It should be accessible to all NH citizens and not just the few who have the means to fund legal battles in the event of a bureaucratic mistake.
* This is a small but important change to the current law. It will make government more accountable for abuses of RSA 91:A and may provide better training to the people who hold our public records as a result. - Pro-libertyHB 386-FNrelative to technical corrections to the education tax credit statute.
Why
This bill makes technical changes to the tax credit statutes including removing certain restrictions on carrying forward contributions, expanding the period for businesses to submit qualifying donations and tax-credit applications, and approving the use of scholarships for distance learning, tutors, and dual-enrollment classes.
* Though the impact of the technical changes is relatively small, the updates make it easier to utilize existing pro-liberty tax credits that give parents of all income levels more options to influence the education of their children.
- Anti-libertyHB 413-FN-A-LOCALrelative to payment by the state of a portion of retirement system contributions of political subdivision employers.
Why
This bill requires the State to pay 15 percent of the normal and accrued liability contributions of political subdivision retirement system employers for group I (teachers) and group II (police and fire) members.
*This bill will increase state spending by over $40 million dollars every year.
*Political subdivisions such as Towns, Counties, and School Districts should be responsible for their own employees.
*Residents of prudent and fiscally responsible Towns/Cities would now be forced through state taxation to pay for the liabilities of irresponsible local governments.
*Centralizing funding for local expenditures is bad policy. Citizens need accurate and easy-to-understand financial information to make informed decisions.
* Vote NAY OTP or support a motion to TABLE. - Anti-libertyHB 415-FN-A-LOCALreducing business taxes, repealing certain taxes, establishing an income tax, and requiring payment by the state of a portion of retirement system contributions of political subdivision employers.
Why
This bill reduces or repeals several taxes and establishes an income tax. In addition, it requires the state to pay 35% of political subdivisions retirement contributions for certain member employees.
* While it is laudable to reduce or eliminate certain taxes, doing this at the expense of creating a new income tax is unwise as each state that has sought to reduce taxes through the imposition of a new state income tax has used the new tax to grow the size and scope of state government.
* State funding of the retirement system for political subdivisions shifts costs from taxpayers that are receiving services from the specific political subdivision to state taxpayers at large. This forces people to pay for services that they are not receiving and may not want. In addition, this encourages political subdivisions to view funding as 'free money' and tends to loosen fiscal restraint.
*Centralizing funding for local expenditures is bad policy. Citizens need accurate and easy-to-understand financial information to make informed decisions. - Anti-libertyHB 547-FNrelative to the recycling and disposal of electronic waste.
Why
This bill establishes a program to recycle and dispose of electronic waste funded by new fees on manufacturers, importers, and other entities.
* This bill will result in higher prices for electronics and will put NH consumers and manufacturers at a disadvantage.
* Local transfer stations already do a good job at collecting E-waste on a regular basis and have managed to keep costs low. - Anti-libertyHB 603-FN-Aestablishing the John and Molly Stark student debt reduction program and making an appropriation therefor.
Why
This bill creates a new state-level program to fund grants to students who choose STEM degrees and affirm that they will reside and work in the state of New Hampshire for a minimum of 4 years after graduation.
* There are a variety of educational options available to graduating NH high school seniors, including universities, community colleges, trade schools, and internships. To take money from all NH residents in order to create another handout exclusively for students who attend the university system of NH is unfair to other kinds of students, who may choose other educational options.
* The high business and property tax rates in NH are two of the main driving forces that make NH a less attractive option for businesses and working adults. The legislature would better serve residents by reducing spending and taxes, instead of spending even more tax money on creating new bureaucratic programs and band-aid fixes.
* The requirement to work and reside in NH for a minimum of four years after graduation is practically unenforceable. Furthermore, the DoE estimates that up to three new full time employees would be needed to administer the program. - Anti-libertyHB 604-FN-Aestablishing the John and Molly Stark workforce opportunity program and making an appropriation therefor.
Why
This bill creates a new state-level program to fund grants to students who choose to attend the Community College System of NH.
* There are a variety of educational options available to graduating NH high school seniors, including universities, community colleges, trade schools, and internships. To take money from all NH residents in order to create another handout exclusively for students who attend state universities or community colleges is unfair to other kinds of students, who may choose other educational options.
* The high business and property tax rates in NH are two of the main driving forces that make NH a less attractive option for businesses and working adults. The legislature would better serve residents by reducing spending and taxes, instead of spending even more tax money on creating new bureaucratic programs and band-aid fixes.
* The DoE estimates that up to three new full time employees would be needed to administer the program. On a $500,000 program, this is a very high overhead. - Anti-libertyHB 644-FN-A-LOCALextending the interest and dividends tax to capital gains, increasing exemptions from the tax, and providing for retirement system contributions on behalf of employers other than the state.
Why
This bill establishes a new tax on capital gains.
* New sources of taxation invite incremental increases in tax rates which results in higher long term spending and growth of government.
* Capital gains taxes income upon the realization of the gain. Taxpayers may delay selling investments that have unrealized capital gains to avoid the tax. This creates artificial economic inefficiency as people hold assets too long and avoid diversification. In the long term this does economic harm to our citizens that may outweigh the direct confiscation of this new tax. - Pro-libertyHB 647-FN-LOCALestablishing education freedom savings accounts for children with disabilities.
Why
This bill establishes privately-funded Education Savings Accounts for children with disabilities.
* Education Savings Accounts (ESAs) are funds that children receive to a designated account that are used for specified educational purposes. This particular ESA is limited to students with a disability—children with IEPs or 504 plans. While they are new to New Hampshire, they are not new to other states. Currently five states offer ESA programs and each is unique with respect to the approved uses, eligibility qualifications, administration, accountability mechanisms, and funding sources.
* ESAs have withstood constitutional challenges. The dollar amount would be 90% of the per pupil state adequacy amount plus any differentiated aid the home district would receive for students in grades 1 and above; 50% for kindergarten students. With 5% going to administration by a non-profit scholarship organization, the state keeps 5% which represents a savings. Enrollment is optional.
* The Cato Institute and EdChoice representatives testified that districts would have savings if the ESA amount is less than the variable cost of an education. - Pro-libertySB 11-FNprohibiting collective bargaining agreements that require employees to join or contribute to a labor union.
Why
This bill prohibits collective bargaining agreements that require employees to join or contribute to a labor union and prohibits coercion and intimidation intended to compel an employee to join, affiliate with, or financially support a labor organization or to refrain from doing so.
* The federal National Labor Relations Act (NLRA) contains several coercive mechanisms that infringe upon the rights of workers and business owners. Among these are section 9a which mandates exclusive representation by a single union and mandates that the union representative is given opportunity to be present at grievance adjustment between employers and employees even if the employee does not wish that the representative is present. In addition, it forces employers to recognize and bargain collectively with unions following a majority vote of their workforces.
* Right-to-work is the only way currently permitted under federal law to restore some of the freedom of dissenting workers and their employers to withhold support from unions with whom they disagree. While this bill interferes with freedom of contract, it does so in a way intended to remedy current, more egregious limitations of freedom of contract.
* Public sector collective bargaining is often more harmful than private sector collective bargaining because taxpayers are not directly represented in negotiations. “It is impossible to bargain collectively with the government,” said Franklin D. Roosevelt, who opposed public sector unions. Public sector right-to-work reduces union density in government and reduces government spending and taxes (Ichniowski & Zax 1991).
Thursday, February 9, 2017 · House · 9 positions
- Anti-libertyHB 112requiring child resistant packaging for electronic cigarette cartridges
Why
This bill expands the definition of "e-cigarette", and creates new requirements for packaging of cartridges.
* Federal code16 C.F.R. section 1700.15 concerns packaging requirements for poisons. To apply these standards to e-cigarette cartridges, which "may or may not" contain nicotine at all is inappropriate, and would place an undue burden on manufacturers.
- Pro-libertyHB 124-FNrepealing certain aircraft registration fees.
Why
This bill repeals several aircraft registration fees.
* Existing aircraft registration fees are significantly non-competitive with surrounding states.
* Competitive registration fees will contribute to increased registration of aircraft in New Hampshire potentially increasing economic activity in the state. - Pro-libertyHB 133relative to a jury’s determination as to the applicability of law.
Why
This bill directs courts to inform juries on their right to judge the facts and the application of the law in relation to the facts in controversy.
* This bill does not create any new power for juries - it simply provides mechanisms for them to be informed and educated on their longstanding rights to judge both fact and law in cases before them.
* While existing law already allows jurors to be informed, this bill provides clear language that will help to ensure that jurors receive consistent and clear instructions. - Anti-libertyHB 145requiring municipal approval for siting high voltage transmission lines.
Why
This bill requires municipal approval for siting high voltage transmission lines.
* This bill would require a 2/3 vote of the entire governing body of any city or a majority of those voting in a town vote to allow siting high voltage transmission lines within the boundaries of a municipality.
* This would potentially control the private property of others without regard for any adjudicated actual impact to surrounding property and places an unreasonable burden on the use of private property. - Pro-libertyHB 223prohibiting recipients of county or municipal funds from using such funds for lobbying.
Why
This bill expands the current prohibition on lobbying by recipients of state funds to cover those who receive county or municipal funds.
* Taxpayers should not be forced to pay for lobbyists that they may oppose.
* The local towns and city employees have the same opportunity to contact legislators as citizens do. County and municipal employees should not be allowed use taxpayer funds for activism. It's a clear conflict of interest.
* The state already restricts lobbying by entities that receive state funds under RSA 15:5. This bill simply expands the restriction to cover county and municipal funds while retaining the responsible exemptions from the prohibition that have served the state for more than 10 years. - Pro-libertyHB 227relative to aftermarket tinting on side windows
Why
This bill removes the current prohibition on aftermarket tinting of 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.
• It is unfair to allow out-of-state visitors to drive with tinted windows, but prohibit them to NH residents. - Anti-libertyHB 333-FNremoving the exemption for premium cigars from the tobacco tax.
Why
This bill removes the exemption from the tobacco tax on premium cigars.
* This bill would directly erode the New Hampshire advantage. NH presently has no tax on cigars. That fact has specifically drawn multiple cigar companies to NH; several moved here when MA imposed its cigar tax in 1996.
* Per the fiscal note, this would likely raise taxes by $340k. HB333 seeks to raise revenue for the state, but will ultimately fail in doing so as the business taxes paid by cigar sellers and other businesses that benefit from the out of state traffic the sales generate would be lost due to decreased premium cigar sales. - Pro-libertyHB 365-FNrelative to awarding attorney’s fees under the right-to-know law.
Why
This bill awards attorney's fees when a petitioner is successful in a right-to-know lawsuit where it is ruled the lawsuit was necessary in order to enforce compliance with the provisions of the right-to-know law or to address a purposeful violation.
* This right-to-know law is supposed to increase transparency in our government. It should be accessible to all NH citizens and not just the few who have the means to fund legal battles in the event of a bureaucratic mistake.
* This is a small but important change to the current law. It will make government more accountable for abuses of RSA 91:A and may provide better training to the people who hold our public records as a result. - Pro-libertySB 12-FNrepealing the licensing requirement for carrying a concealed pistol or revolver.
Why
Makes 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: <i>All persons have the right to keep and bear arms in defense of themselves, their families, their property and the state</i>.
* 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.
* 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 <i>not prohibited by state or federal law</i>.
* By making the license optional, this bill eliminates a vulnerability 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.
Thursday, February 9, 2017 · Senate · 6 positions
- Anti-libertySB 10-FNrelative to dairy farmer relief.
Why
This bill uses $2 million of NH taxpayer money to bail out dairy producers
* There's no reason to take $2 million from struggling taxpayers, then turn around and bail out dairy farmers. It is unethical to force NH residents to fund bailouts to favored businesses.
* There are many individuals and businesses that have experienced loss in the past year, and many can and do make the case that they are "special" and deserve protection. This bill does not help all struggling industries, or even all farmers, or even all of those impacted by drought specifically.
* This bill sets a terrible precedent that when businesses have a bad year, they should look to the state for handouts. The state should not be picking winners and losers. - Anti-libertySB 131-FN-Arelative to the hiring of state troopers for drug interdiction work, and making an appropriation therefor.
Why
This bill allocates funds to hire 15 state troopers to exclusively perform drug interdiction work.
* The War on Drugs has clearly failed; heroin was first federally regulated more than 100 years ago, yet is still beyond the control of governance even today. While it is tempting to look at the lists of arrests week after week in the paper and think we are just one more arrest from a solution, it is clear that the additional spending and enforcement approach is a failure.
* As with most government programs, once the 15 new positions are created there will be significant pressure to retain the positions and the associated resulting pension costs. This will likely result in more long term spending than the fiscal note implies. - Pro-libertySB 23legalizing firecrackers
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 will increase economic activity in New Hampshire. - Anti-libertySB 30defining woodland buffers and relative to such woodland buffers for the purposes of the shoreland protection act.
Why
This bill places additional restrictions on private property for the stated purpose of improving shoreland protection.
* This bill redefines the size/shape of segments that are used to score the impact of improvements landowners make to their property for the expressed purpose of protecting shorelines. Property owners already have financial incentives to maintain property and limit damage that may impact the future value of their property. Attempts to micromanage property improvements with a one-size-fits-all solution infringes on property owners' rights and is unlikely to significantly contribute to shoreland protection.
*The bill mainly serves to raise the value of existing shoreline property (landscaped under the older, less restrictive scheme) by adding restrictions to new shoreline construction, making it less desirable.
* The bill reduces the time that an applicant has to respond to information requests from 120 days to 60 days, at which time the application is denied, forcing applicants to refile and potentially incur a fee as high as $3,750 per 483-B:5-b. The reduction in time does not take into account that landowners are private individuals for whom 60 days may be an insufficient amount of time to obtain quotes, select an expert, schedule an investigation, and respond to the state's demand for additional information. Some required information may be weather-dependant or other circumstances could delay the applicant. There is no reason to place any deadline on an applicant, as their delay just affects when their permit would be received.
* The bill increases the time for the state's paid professional full time staff to evaluate applications and make a determination from 20 days to 30 days. - Pro-libertySB 42eliminating the hearing requirement for late reinstatement of corporations.
Why
This bill eliminates the hearing requirement for late reinstatement of corporations.
* This reduces the burden on businesses that file for corporate reinstatement after the time period specified in 293-A:14.22.
* Streamlining of the reinstatement process will help ensure that the corporation is able to return to business more quickly, increasing economic activity. - Anti-libertySB 57-FN-Amaking appropriations to the department of environmental services for the purposes of funding eligible drinking water and wastewater projects under the state aid grant program.
Why
This bill would use state taxpayer money to fund selected municipal water projects.
Local water projects should be funded locally. It's inappropriate to take money from NH communities which do not have central water systems in order to subsidize communities that do.
Thursday, February 2, 2017 · House · 6 positions
- Pro-libertyHB 103relative to school district policies regarding objectionable course material.
Why
Under this bill a parent may temporarily remove their child from a classroom rather than having to argue for the removal of objectionable materials.
* This bill addresses the notification gap in RSA 186:11 IX-c that allows parents to select alternative materials for his/her child at their own expense. It does not censor the entire class' materials.
* This does not present any new or additional costs to districts as they already have notification systems in place that may be used, including but not limited to beginning of the year course syllabi and material lists.
* This bill allows parents to make informed decisions regarding their children's education, and bring choices closest to the student for the best educational fit. - Anti-libertyHB 125relative to chartered public school boards of trustees.
Why
This bill changes the method of appointment for members of the Boards of Trustees of chartered public schools from a method that favors local control and parent involvement to a centralized appointment system controlled by the Governor and Executive Council.
* Government is most accountable and accessible when it is most local. Local control is generally preferable to state control. Currently, chartered public school boards appoint their own members with at least 25% of the members being parents of students at the school and up to 25% of the members being current local public school board members. This mix helps ensure that the school is meeting the needs of the students who are attending the school.
* Not only would this bill hyper-politicize chartered public schools, it is a way the executive branch could remove parents and taxpayers from the governance of their children's schools. It would be no more appropriate for the Governor to appoint members to the board of local K-12 schools. - Anti-libertyHB 129-FNrepealing the education tax credit.
Why
This bill would repeal the successful K-12 scholarship program.
* This bill represents a fourth 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.
* The scholarship program is funded through private donations, not tax dollars. Other states with Blaine Amendments have ruled tax-credit scholarship programs to be constitutional because monies are distributed to parents who choose the schools and not the schools directly. - Anti-libertyHB 148relative to chartered public school teacher qualifications.
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. This can currently be mitigated by the large pool of industry STEM experts without certification who are available and could potentially do a better job than candidates with an arbitrary certificate. This bill would remove this option.
* Teacher hiring requirements are a critical part of innovation and flexibility unique to chartered public schools. Teacher credentials alone are not correlated with student performance. - Pro-libertyHB 276relative to student exemption from the statewide assessment.
Why
This bill allows parents to opt their children out of the statewide assessment.
* At least 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 statewide assessment is an accountability tool for districts, not individual students. Parents have rights that districts cannot control, such as determining whether or not their child takes a statewide assessment. This bill recognizes the rights of parents and protects students and districts from penalty. - Anti-libertyHB 297-FNrepealing the education tax credit program.
Why
This bill would immediately repeal the successful K-12 scholarship program.
* This bill is the same as HB 129-FN except with an immediate effective date. It should be opposed for all of the same reasons listed for that bill in this issue of the Gold Standard.
Thursday, January 26, 2017 · House · 2 positions
- Pro-libertyHB 278repealing criminal defamation.
Why
This bill repeals the existing criminal defamation statute.
* Existing law makes defamation a class B misdemeanor. This subjects citizens exercising the right to free speech to both criminal and civil penalties. While there ought to be consequences to untruthful and irresponsible speech that may cause others to face contempt or ridicule, the use of criminal statute is a poor substitute for the civil remedies.
* The burden of proof in the current law is quite high as it requires proof of knowledge on two counts "which he knows to be false" and "knows will tend to expose any other living person to public hatred, contempt or ridicule" - while this high burden helps to limit the potential for successful prosecution of speech made in error, it also means that the law is unlikely to lead to conviction.
* Nash v. Keene Publishing Corp., 127 N.H. 214 (1985) further found that statements of opinion rather than fact to not qualify as criminal defamation which further limits the applicability of the law.
* The theoretical benefit of a potential rare prosecution using the existing law is outweighed by the chilling effect that the law may have on unpopular political speech. - Anti-libertyRULE 63amendment relative to training requirements for legislators carrying a firearm in the state house
Why
This rule change would mandate training prior to allowing a legislator to exercise a constitutionally protected right on the house floor
* The proposed rule change would infringe upon the rights of legislators to defend themselves, their property and the state.
* Training is not defined, and as such, it is an arbitrary and costly additional requirement placed on already law-abiding legislators.
* The rule change would have broader impact than the text implies as legislators would effectively be prohibited from carrying firearms from their vehicles into the state house prior to complying with the ill defined training requirement.
* No other training is required for legislators prior to taking office.
* Members have not been given any time to review the proposed language. The rule change should be tabled or voted down.
Thursday, January 19, 2017 · Senate · 5 positions
- Pro-libertySB 11-FNprohibiting collective bargaining agreements that require employees to join or contribute to a labor union.
Why
This bill prohibits collective bargaining agreements that require employees to join or contribute to a labor union and prohibits coercion and intimidation intended to compel an employee to join, affiliate with, or financially support a labor organization or to refrain from doing so.
* The federal National Labor Relations Act (NLRA) contains several coercive mechanisms that infringe upon the rights of workers and business owners. Among these are section 9a which mandates exclusive representation by a single union and mandates that the union representative is given opportunity to be present at grievance adjustment between employers and employees even if the employee does not wish that the representative is present. In addition, it forces employers to recognize and bargain collectively with unions following a majority vote of their workforces.
* Right-to-work is the only way currently permitted under federal law to restore some of the freedom of dissenting workers and their employers to withhold support from unions with whom they disagree. While this bill interferes with freedom of contract, it does so in a way intended to remedy current, more egregious limitations of freedom of contract.
* Public sector collective bargaining is often more harmful than private sector collective bargaining because taxpayers are not directly represented in negotiations. “It is impossible to bargain collectively with the government,” said Franklin D. Roosevelt, who opposed public sector unions. Public sector right-to-work reduces union density in government and reduces government spending and taxes (Ichniowski & Zax 1991). - Pro-libertySB 12-FNrepealing the licensing requirement for carrying a concealed pistol or revolver.
Why
Makes 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.
* 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 vulnerability 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-libertySB 15relative to the law regarding therapeutic use of cannabis.
Why
This bill allows doctors to recommend cannabis for severe pain that has not responded to previously prescribed medication or surgical measures or for which other treatment options produced serious side effects.
* Numerous studies, including clinical trials, have shown medical cannabis to be a safe and effective treatment for pain.
* Doctors are already permitted to prescribe serious, habit forming drugs for pain management. By comparison, cannabis is extremely mild. It is not reasonable to allow the prescription of hard opioids to patients suffering from pain, but not allow recommendation of cannabis.
* Abuse of prescription opioids is a major contributing factor to the opioid epidemic in NH. Replacement of prescription opioids with cannabis will help prevent addiction and abuse in some patients, as well as potentially reducing the quantity of prescription opioids on the street. - Pro-libertySB 17relative to treatment for hepatitis C under the law relative to use of cannabis for therapeutic purposes.
Why
This bill removes the requirement that a patient with hepatitis-C be "currently undergoing antiviral treatment" in order to qualify for the therapeutic cannabis program
* According to a study published by the National Institutes for Health, there is substantial evidence that cannabis use may help address key challenges faced by drug users in hepatitis-C treatment (e.g., nausea, depression). https://www.ncbi.nlm.nih.gov/pubmed/16957507
* The legislature should not be inserting itself in the patient/doctor relationship and pretending to understand the medical challenges faced by patients. - Anti-libertySB 30defining woodland buffers and relative to such woodland buffers for the purposes of the shoreland protection act.
Why
This bill places additional restrictions on private property for the stated purpose of improving shoreland protection.
* This bill redefines size/shape of segments that are used to score the impact of improvements landowners make to their property for the expressed purpose of protecting shorelines. Property owners already have financial incentives to maintain property and limit damage that may impact the future value of their property. Attempts to micromanage property improvements with a one size fits all solution infringes on property owners rights and is unlikely to significantly contribute to shoreland protection.
* The bill mainly serves to raise the value of existing shoreline property (landscaped under the older, less restrictive scheme) by adding restrictions to new shoreline construction, making it less desirable.
* The bill reduces the time that an applicant has to respond to information requests from 120 days to 60 days at which time the application is denied forcing applicants to refile and potentially incur a fee as high as $3,750 per 483-B:5-b. The reduction in time does not take into account that landowners are private individuals for whom 60 days may be an insufficient amount of time to obtain quotes, select an expert, schedule an investigation and respond to the state's demand for additional information. Some required information may be weather-dependant or other circumstances could delay the applicant. There is no reason to place any deadline on an applicant, as their delay just affects when their permit would be received.
* The bill increases the time for the state's paid professional full time staff to evaluate applications and make a determination from 20 days to 30 days.