Thursday, September 13, 2018 · Joint session · 3 positions
- Anti-libertySB 365relative to the use of renewable generation to provide fuel diversity.
Why
This bill requires electric distribution companies
to purchase power from renewable generation services.* This bill mandates a state solution to volatile energy costs by mandating that electric distribution companies purchase the net energy output of renewable energy facilities located in the electric distribution company's service territory.
* This requires customers to continue to subsidize power generation facilities that are unable to produce power at a competitive rate. - Anti-libertySB 446relative to net energy metering limits for customer-generators.
Why
Increases the production power threshold on certain customers that are eligible for net metering.
* The bill increases the limit for "customer-generator" facilites to receive preferred treatment under the law. This new threshold is above what is available to the average consumer allowing corporations to receive special handouts not available to consumers. The constitution is clear about the role of government and this bill does exactly the opposite: "Government being instituted for the common benefit, protection, and security, of the whole community, and not for the private interest or emolument of any one man, family, or class of men...".
* Electricity rates in NH are already well above the surrounding states and expanding special programs will drive rates higher and create a further disadvantage for ratepayers and manufacturing facilities. - Pro-libertySB 593relative to the penalty for capital murder.
Why
This bill changes the penalty for capital murder to life imprisonment without the possibility for parole.
* 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 punish those who commit crimes against persons or property. The first reason is to obtain restitution for the victim of the crime, to whatever extent possible. The second reason is to prevent those who present a continuing threat to others from committing further crimes. Given the availability of secure prison facilities, the death penalty as it exists in New Hampshire is not necessary for either of these purposes.
* As shown in the fiscal note, long-term incarceration costs NH taxpayers less than the death penalty.
Wednesday, May 23, 2018 · Joint session · 6 positions
- Anti-libertyHB 1415-FN-A(New Title) making an appropriation to the public school infrastructure fund to improve security in public schools.
Why
This bill, as amended, contains $10 million in new spending for the biennium ending June 30, 2019.
* This bill has been amended to contain $10 million in spending that was not part of the original house bill. Spending (which is likely to have a component that repeats year over year) at this level should be subject to public debate in both the house and senate and not rushed into law.
- Pro-libertyHB 1753-FN(New Title) relative to transportation of alcoholic beverages by a minor.
Why
This bill, as amended, increases the list of legal-age relations allowed to accompany a driver under the age of 21 while transporting alcoholic beverages in a vehicle.
* Current statute allows for drivers under the age of 21 to transport alcohol within a vehicle if they're accompanied by a relation of legal drinking age who is a parent, legal guardian, or spouse. This bill expands the list of chaperones to include stepparent, grandparent, domestic partner, or sibling.
* Simply transporting alcohol in a vehicle is not a risk to the public, and family relations should be allowed to accompany an underage driver without the driver fearing a suspension of their license. - Pro-libertyHB 317(New Title) relative to changes in the system benefits charge.
Why
This bill requires legislative approval for further increases to the system benefits charge.
* NH residents should not be subject to further increases to the system benefits charge without approval of elected representatives.
- Pro-libertySB 342(Second New Title) requiring identification of specific items in the default budget.
Why
This bill adjusts the default budget such that funding for positions that were eliminated in the proposed budget are removed from the default budget.
* If the proposed operating budget fails in SB2 towns or SB2 school districts, the default budget automatically goes into effect. This bill helps to ensure that some potential cost reductions for the proposed budget are reflected in the default budget.
- Pro-libertySB 556-FNrelative to changes in bail procedures and procedures for annulment of a criminal record.
Why
This bill revises the procedures for the granting of bail and revises the procedure for annulment of violations and class B misdemeanors.
* This bill prohibits the court from setting a bail so high (as compared to the defendant's ability to pay the bail or bond fee) that a person is forced to remain in jail while awaiting trial. This will save the state at least $3200/month per individual who is no longer held for months while awaiting trial — higher if medical costs are considered.
* In addition, this bill streamlines the process for annulment of violations unless there is an enhanced penalty for subsequent convictions one year after a person has completed all the terms and conditions of the sentence.
* This bill also creates a commission on pretrial detention, pretrial schedule, and pretrial services. - Anti-libertySB 564-FN-Arelative to a business tax exemption and a workforce development program for regenerative manufacturing businesses.
Why
This bill creates a tax exemption for a certain group of favored businesses.
* The purpose of this bill is to direct the behavior of citizens and businesses toward activity that the state believes may have long-term financial benefit. The state should not be picking winners and losers and setting aside targeted tax cuts for specific classes of businesses.
* New Hampshire can better retain and attract businesses without resorting to central planning by broadly reducing our existing punishing business taxes.
Thursday, May 10, 2018 · House · 11 positions
- Pro-libertyHB 1104-FN(New Title) relative to dredge and fill permit time limits; relative to time limits under the administrative procedure act; and relative to online filing with the secretary of state's office.
Why
This bill limits the time for agencies to act on permits and enforces these limits by presuming non-action is approval.
* This bill establishes time limits in several areas in an effort to streamline the process for certain state agency actions. This helps to hold state agencies accountable to action within reasonable time frames.
* This bill also requires the Secretary of State to allow online business and corporate filings by January 1, 2020. While a small improvement, this helps to reduce the burden of interaction with the state. - Pro-libertyHB 124-FN(Second New Title) relative to aircraft registration fees.
Why
This bill partially addresses New Hampshire's non-competitive aircraft registration and operating fees.
* New Hampshire aircraft registration fees are currently significantly higher than surrounding states, which disincentivizes corporations from locating headquarters and certain operations in the state.
* Registration fees are an inappropriate way to impose a fee for state aviation costs as they disproportionately impact New Hampshire aircraft owners while the state aviation services are provided to both in-state and out-of-state aircraft owners who use state infrastructure. - Pro-libertyHB 1276(New Title) adding an exemption for certain raffles conducted by charitable organizations and relative to charitable gaming licenses.
Why
This bill removes the requirement for obtaining a permit and obtaining uniquely printed tickets for certain raffles run by charitable organizations.
* Currently, 287-A requires that charitable organizations wishing to hold raffles obtain a permit (287-A:7) and have tickets printed with the name of the organization, date, and location of the raffle. For smaller raffles this represents an undue hardship that undermines the fundraising ability of the organization.
* This bill changes the law to exempt raffles held in conjunction with an event lasting 12 hours or less and aligns current law with common practice across the state at school sporting events and other small civic events. - Pro-libertyHB 1347relative to information to be included in the minutes under the right-to-know law.
Why
This bill clarifies details needed in meeting minutes.
* Setting out the minimum requirements for meeting minutes will assist clerks in consistently keeping the minutes.
* Good minutes can save taxpayers dollars in unnecessary legal costs resulting from disputes that are caused by the lack of essential details in minutes. - Anti-libertyHB 1415-FN-A(New Title) making an appropriation to the public school infrastructure fund to improve security in public schools.
Why
This bill, as amended, contains $10 million in new spending for the biennium ending June 30, 2019.
* This bill has been amended to contain $10 million in spending that was not part of the original house bill. Spending (which is likely to have a component that repeats year over year) at this level should be subject to public debate in both the house and senate and not rushed into law.
- Anti-libertyHB 1468(New Title) establishing a commission to study legislative oversight activities related to the department of health and human services and relative to the nursing home bed moratorium.
Why
This bill, as amended, strengthens the existing anti-competitive licensing rules that prevent the market from reducing costs in nursing homes, intermediate care facilities and rehabilitation facilities.
* The average cost of nursing homes in New Hampshire is $316 per day. This is higher than the national average, which is $228 per day. The state should not be taking steps to decrease competition that are likely to result in higher overall costs to consumers.
- Pro-libertyHB 1612relative to data security in schools.
Why
This bill requires school districts to have data security plans and policies.
* To the extent the government has access to anyone's personal information, it has the responsibility to safeguard such information.
- Pro-libertyHB 1636(Third New Title) establishing a committee to study teacher preparation and education programs, relative to chartered public school use of unused school district facilities, and establishing education freedom savings accounts for students.
Why
This bill allows parents to direct a portion of the state funds apportioned for their child at his or her assigned, government-run school to the learning environment of the family's choice. It also makes unused school district facilities available to chartered public schools for purchase or lease and establishes a death benefit for a school employee killed in the line of duty.
* As amended, this bill establishes education freedom savings accounts for children between 5 and 20 years of age that redirects 90% of the per pupil adequate education grant to a scholarship organization that will provide grants to parents to provide an education for the eligible student.
* The Education Freedom Savings Account will shift the locus of control from government bureaucrats to families — allowing parents additional options for their children based on their individual education needs. It uses funds that the state had already dedicated for education on a per-pupil basis.
* The current education system has failed to keep pace with the evolving improvements that are happening around the world. Shifting power from a government monopoly to families choosing options in a market will spur innovation (e.g., online education, competency-based education, etc.). Having accountability rest directly on those who bear the consequences of a school's performance is superior to top-down regulatory accountability.
* This bill is constitutional. The "Blaine Amendment" prohibits the government from directly funding religious schools. This bill doesn't do that. Rather, it returns tax dollars directly to families who are empowered to choose from a wide variety of schools and non-school educational options, with or without a religious affiliation.
* This bill offers the opportunity for some local tax reductions, as the portion of the funding spent by the municipalities on education for students who make use of this program is not part of the ESA, and could therefore be used to reduce the local budget. While individual students participating in the program will not automatically result in an immediate cost reduction to the district, the reduction in students in some districts may allow marginal reduction in the variable costs for education that can be passed on to the local taxpayers.
* The NHLA has taken no position with respect to provisions in the bill that provide a death benefit for school employees killed in the line of duty nor with respect to provisions that make unused school district facilities available to chartered public schools. - Pro-libertyHB 1673-FN-L(New Title) relative to the interest charged on late and delinquent property tax payments and relative to prorated assessments for damaged buildings.
Why
This bill reduces the interest charged on delinquent property tax payments.
* This bill reduces interest and lien rates for delinquent property taxes. The existing interest rate of 18% was set in the 1980's when private lending rates were more than twice today's rates. This bill reduces interest rates from 12% to 8% and from 18% to 14% per annum.
* Article 18 of the Constitution states that "...penalties ought to be proportional to the nature of the offense". If the offense is a payment delinquency that causes a town to borrow money at 2.5%, an 18% lien rate penalty is not proportional. - Anti-libertyHB 1756-FN-A(New Title) relative to a one-time allowance for certain state retirees.
Why
This bill increases spending to provide additional retirement benefits that were not part of the original benefit package.
* Retired state and municipal employees are receiving the benefits that were promised to them when they were employed. This bill increases retirement spending to provide additional non-promised benefits and forces current state taxpayers to fund the increase.
- Pro-libertyHB 317(New Title) relative to changes in the system benefits charge.
Why
This bill requires legislative approval for further increases to the system benefits charge.
* NH residents should not be subject to further increases to the system benefits charge without approval of elected representatives.
Thursday, May 10, 2018 · Senate · 8 positions
- Anti-libertySB 313-FN(New Title) reforming New Hampshire's Medicaid and Premium Assistance Program, establishing the granite workforce pilot program, and relative to certain liquor funds.
Why
This bill extends medicaid expansion in New Hampshire by replacing the program that is set to expire in December 2018 with a new managed care program.
* This is a hidden tax on private health care buyers. The incentives for Granite Advantage will increase costs for all other health care participants.
* 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.
* Federal money always comes with strings attached; it is not free. The national debt, which is now greater than $21 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 have sustainably lower costs and increase access for the majority of Granite Staters. - Pro-libertySB 334-FNSecond New Title) relative to temporary licensure of allied health professionals from nearby states, and reciprocal and temporary licensure for occupations and professions for persons from other states.
Why
This bill reduces the harm caused by New Hampshire's excessive occupational license laws.
* This bill requires state licensing boards to adopt rules to allow a temporary license or permit for 120 days to be issued to a person who is currently licensed in the US, while the person has a pending application for licensure with the board.
- Anti-libertySB 365(Second New Title) relative to the use of renewable generation to provide fuel diversity.
Why
This bill requires electric distribution companies
to purchase power from renewable generation services.* This bill mandates a state solution to volatile energy costs by mandating that electric distribution companies purchase the net energy output of renewable energy facilities located in the electric distribution company's service territory.
* This requires customers to continue to subsidize power generation facilities that are unable to produce power at a competitive rate. - Anti-libertySB 377-FNrelative to the regulation of dentists and dental hygienists by the board of dental examiners.
Why
This bill requires dental hygienist applicants to provide fingerprints and pay for an FBI background check.
* Background checks should be between the employer and the employee. Requiring background checks to get an application for licensure takes the responsibility away from private practices, and may prevent otherwise qualified applicants from getting a job.
* Current delays in processing fingerprints negatively impacts those workers seeking to find new employment. - Anti-libertySB 421relative to insurance coverage for prescription contraceptives.
Why
This bill imposes mandates on private insurance carriers.
* This bill mandates that coverage for contraceptives be dispensed in a quantity intended to last for a 12-month period, if prescribed in that quantity. While barriers to access to contraceptives should be lowered, this should not be done at the expense of new mandates on private businesses.
* This bill mandates that “a deductible, copayment, co-insurance, or other cost-sharing requirement shall not be imposed” for prescription contraceptive drugs, devices, or services. - Pro-libertySB 434relative to school nurse certification.
Why
This bill expands who may qualify for a job as a school nurse, provided they are a registered nurse.
* In 2016 the legislature added a requirement for all school nurses to be certified by the State Board of Education, which created issues in hiring school nurses.
* This bill removes the changes that created this issue. - Anti-libertySB 541-FN-A(Second New Title) relative to the presumption under workers' compensation requiring the reimbursement of costs associated with firefighters who have cancer.
Why
This bill provides a new benefit to firefighters, many of whom work under collectively bargained contracts, without negotiating the addition of this benefit as part of regular contract negotiations.
* This bill creates a new program to reimburse costs associated with firefighters who have cancer under the presumption that these cancers are work-related.
* While there may be cancers caused by work-related exposure, the language is broad enough that effectively all non-smoking employees will be provided with a new healthcare benefit paid for by NH residents who do not receive such a benefit themselves. As amended by the house, the cancer type must be "a type which may be caused by exposure to heat, radiation, or a known carcinogen, as defined by the International Agency for Research on Cancer". The International Agency for Research on Cancer indicates that alcohol is a carcinogen that carries risk for multiple cancers including liver and oral cancers (<a href=http://monographs.iarc.fr/ENG/Monographs/vol100E/mono100E-11.pdf">monographs.iarc.fr/ENG/Monographs/vol100E/mono100E-11.pdf</a>). As written, an employee who abuses alcohol and develops a cancer which may be due to this known carcinogen is entited to coverage for up to 20 years after retirement.
* Firefighers are far from the only workers in society who have unique environmental exposures or other elevated risk factors for disease. Police have elevated risks of prostate cancer as compared to the general population (<a href=https://www.ncbi.nlm.nih.gov/pmc/articles/PMC5693511/>www.ncbi.nlm.nih.gov/pmc/articles/PMC5693511/</a>), sanitation workers have elevated risk of infection and cancer (<a href=https://www.ncbi.nlm.nih.gov/pmc/articles/PMC2796749/>www.ncbi.nlm.nih.gov/pmc/articles/PMC2796749/</a>), and computer/IT workers are at a higher risk for blood clots (<a href=https://www.ncbi.nlm.nih.gov/pmc/articles/PMC2966881/>www.ncbi.nlm.nih.gov/pmc/articles/PMC2966881</a>).
* If this is a valuable employee benefit that can be offered at a low cost, then it should be offered as part of contract negotiations. - Pro-libertySB 565-FN(New Title) relative to aircraft registration fees.
Why
This bill partially addresses New Hampshire's non-competitive aircraft registration/operating fees.
* New Hampshire aircraft registration and operating fees are currently significantly higher than surrounding states, which disincentivizes corporations from locating headquarters and certain operations in the state. While this bill does not fully address this imbalance, it is a positive step that reduces the risk of companies leaving the state for lower-cost states.
* Registration fees are an inappropriate way to impose a fee for state aviation costs as they disproportionately impact New Hampshire aircraft owners while the state aviation services are provided to both in-state and out-of-state aircraft owners who use state infrastructure.
Thursday, May 3, 2018 · House · 5 positions
- Pro-libertySB 193-FNestablishing education freedom savings accounts for students.
Why
This bill creates a small pilot program allowing lower-income families to direct a portion of the state funds apportioned for their child at his or her assigned, government-run school to the learning environment of the family's choice.
* The Education Freedom Savings Account will shift the locus of control from government bureaucrats to families — allowing parents additional options for their children based on their individual education needs. It uses funds that the state had already dedicated for education on a per-pupil basis.
* The current education system has failed to keep pace with the evolving improvements that are happening around the world. Shifting power from a government monopoly to families choosing options in a market will spur innovation (e.g., online education, competency-based education, etc.). Having accountability rest directly on those who bear the consequences of a school's performance is superior to top-down regulatory accountability.
* This bill is constitutional. The "Blaine Amendment" prohibits the government from directly funding religious schools. This bill doesn't do that. Rather, it returns tax dollars directly to families who are empowered to choose a wide variety of schools and non-school educational options, with or without a religious affiliation.
* This bill offers the opportunity for some local tax reductions, as the portion of the funding spent by the municipalities on education for students who make use of this program is not part of the ESA, and could therefore be used to reduce the local budget. While individual students participating in the program will not automatically result in an immediate cost reduction to the district, the reduction in students in some districts may allow marginal reduction in the variable costs for education that can be passed on to the local taxpayers.
* Support reconsideration. NAY on IS and support OTP. This version of the bill already passed the house on 1/3/2018. As compared to the minority amendment, it allows additional students to make use of education savings accounts, as all students who applied and were not admitted to a chartered public school are eligible. - Anti-libertySB 313-FN(New Title) reforming New Hampshire's Medicaid and Premium Assistance Program, establishing the granite workforce pilot program, and relative to certain liquor funds.
Why
This bill extends medicaid expansion in New Hampshire by replacing the program that is set to expire in December 2018 with a new managed care program.
* This is a hidden tax on private health care buyers. The incentives for Granite Advantage will increase costs for all other health care participants.
* 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.
* Federal money always comes with strings attached; it is not free. The national debt, which is now greater than $21 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 have sustainably lower costs and increase access for the majority of Granite Staters. - Anti-libertySB 365(New Title) relative to the use of renewable generation in default service.
Why
This bill requires electric distribution companies
to purchase power from renewable generation services.* This bill mandates a state solution to volatile energy costs by mandating that electric distribution companies purchase the net energy output of renewable energy facilities located in the electric distribution company's service territory.
* This requires customers to continue to subsidize power generation facilities that are unable to produce power at a competitive rate. - Pro-libertySB 420relative to collective bargaining under the right-to-know law.
Why
This bill declares that public meeting for the purposes of the right-to-know law shall not include strategy with respect to collective bargaining if only one party is present.
* This bill retains the privacy of strategic collective bargaining talks which could be harmful to taxpayers or unions if revealed.
- Pro-libertySB 565-FNrelative to aircraft registration fees and airways tolls.
Why
This bill partially addresses New Hampshire's non-competitive aircraft registration fees.
* New Hampshire aircraft registration fees are currently significantly higher than surrounding states, which disincentivizes corporations from locating headquarters and certain operations in the state. While this bill does not fully address this imbalance, it is a positive step that reduces the risk of companies leaving the state for lower-cost states.
* Registration fees are an inappropriate way to impose a fee for state aviation costs as they disproportionately impact New Hampshire aircraft owners while the state aviation services are provided to both in-state and out-of-state aircraft owners who use state infrastructure.
Wednesday, May 2, 2018 · House · 10 positions
- Pro-libertySB 193-FNestablishing education freedom savings accounts for students.
Why
This bill creates a small pilot program allowing lower-income families to direct a portion of the state funds apportioned for their child at his or her assigned, government-run school to the learning environment of the family's choice.
* The Education Freedom Savings Account will shift the locus of control from government bureaucrats to families — allowing parents additional options for their children based on their individual education needs. It uses funds that the state had already dedicated for education on a per-pupil basis.
* The current education system has failed to keep pace with the evolving improvements that are happening around the world. Shifting power from a government monopoly to families choosing options in a market will spur innovation (e.g., online education, competency-based education, etc.). Having accountability rest directly on those who bear the consequences of a school's performance is superior to top-down regulatory accountability.
* This bill is constitutional. The "Blaine Amendment" prohibits the government from directly funding religious schools. This bill doesn't do that. Rather, it returns tax dollars directly to families who are empowered to choose a wide variety of schools and non-school educational options, with or without a religious affiliation.
* This bill offers the opportunity for some local tax reductions, as the portion of the funding spent by the municipalities on education for students who make use of this program is not part of the ESA, and could therefore be used to reduce the local budget. While individual students participating in the program will not automatically result in an immediate cost reduction to the district, the reduction in students in some districts may allow marginal reduction in the variable costs for education that can be passed on to the local taxpayers.
* Oppose the IS recommendation and support OTP. This version of the bill already passed the house on 1/3/2018. As compared to the minority amendment, it allows additional students to make use of education savings accounts, as all students who applied and were not admitted to a chartered public school are eligible. - Anti-libertySB 313-FN(New Title) reforming New Hampshire's Medicaid and Premium Assistance Program, establishing the granite workforce pilot program, and relative to certain liquor funds.
Why
This bill extends medicaid expansion in New Hampshire by replacing the program that is set to expire in December 2018 with a new managed care program.
* This is a hidden tax on private health care buyers. The incentives for Granite Advantage will increase costs for all other health care participants.
* 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.
* Federal money always comes with strings attached; it is not free. The national debt, which is now greater than $21 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 have sustainably lower costs and increase access for the majority of Granite Staters. - Pro-libertySB 334-FN(New Title) relative to temporary licenses for occupations and professions for persons from other states.
Why
This bill reduces the harm caused by New Hampshire's excessive occupational license laws.
* This bill requires state licensing boards to adopt rules to allow a temporary license or permit for 120 days to be issued to a person who is currently licensed in the US, while the person has a pending application for licensure with the board.
- Anti-libertySB 365(New Title) relative to the use of renewable generation in default service.
Why
This bill requires electric distribution companies
to purchase power from renewable generation services.* This bill mandates a state solution to volatile energy costs by mandating that electric distribution companies purchase the net energy output of renewable energy facilities located in the electric distribution company's service territory.
* This requires customers to continue to subsidize power generation facilities that are unable to produce power at a competitive rate. - Anti-libertySB 377-FNrelative to the regulation of dentists and dental hygienists by the board of dental examiners.
Why
This bill requires dental hygienist applicants to provide fingerprints and pay for an FBI background check.
* Background checks should be between the employer and the employee. Requiring background checks to get an application for licensure takes the responsibility away from private practices, and may prevent otherwise qualified applicants from getting a job.
* Current delays in processing fingerprints negatively impacts those workers seeking to find new employment. - Anti-libertySB 383(New Title) establishing a commission to recommend policies that will enhance access to affordable health care for all New Hampshire residents.
Why
This bill establishes a commission to study ways for the state to interfere in the free market.
* The members of this commission include stakeholders who have demonstrated a vested interest in market-distorting regulation such as the facility moratorium mandated by the senate committee amendment on HB 1468.
* There is no evidence that the commission includes members who would consider free market solutions to reducing costs. - Pro-libertySB 420relative to collective bargaining under the right-to-know law.
Why
This bill declares that public meeting for the purposes of the right-to-know law shall not include strategy with respect to collective bargaining if only one party is present.
* This bill retains the privacy of strategic collective bargaining talks which could be harmful to taxpayers or unions if revealed.
- Anti-libertySB 421relative to insurance coverage for prescription contraceptives.
Why
This bill imposes mandates on private insurance carriers.
* This bill mandates that coverage for contraceptives be dispensed in a quantity intended to last for a 12-month period, if prescribed in that quantity. While barriers to access to contraceptives should be lowered, this should not be done at the expense of new mandates on private businesses.
* This bill mandates that “a deductible, copayment, co-insurance, or other cost-sharing requirement shall not be imposed” for prescription contraceptive drugs, devices, or services. - Pro-libertySB 434relative to school nurse certification.
Why
This bill expands who may qualify for a job as a school nurse, provided they are a registered nurse.
* In 2016 the legislature added a requirement for all school nurses to be certified by the State Board of Education, which created issues in hiring school nurses.
* This bill removes the changes that created this issue. - Pro-libertySB 565-FNrelative to aircraft registration fees and airways tolls.
Why
This bill partially addresses New Hampshire's non-competitive aircraft registration fees.
* New Hampshire aircraft registration fees are currently significantly higher than surrounding states, which disincentivizes corporations from locating headquarters and certain operations in the state. While this bill does not fully address this imbalance, it is a positive step that reduces the risk of companies leaving the state for lower-cost states.
* Registration fees are an inappropriate way to impose a fee for state aviation costs as they disproportionately impact New Hampshire aircraft owners while the state aviation services are provided to both in-state and out-of-state aircraft owners who use state infrastructure.
Wednesday, May 2, 2018 · Senate · 16 positions
- Pro-libertyCACR 15relating to legal actions. Providing that taxpayers have standing to bring actions against the government.
Why
This constitutional amendment will provide standing to taxpayers to access the superior court.
* Under current law a taxpayer must show personal harm in order to have standing to bring suit. Under this constitutional amendment, taxpayers will have broader access to the courts and greater ability to ensure governmental accountability.
- Pro-libertyCACR 16(New Title) Relating to privacy. Providing that an individual's right to live free of governmental intrusion is natural, essential, and inherent.
Why
This constitutional amendment states that persons have a right to live free from governmental intrusion in private or personal information.
* Under Part First, Article 19 of the NH Constitution we protect our privacy in our "person, houses, papers and effects" but this omits the modern ability to collect/analyze personal information, things like health data, information from our DNA, etc. This resolution will provide the same protection to our personal data that we have for our physical things.
- Pro-libertyHB 1104-FNrelative to dredge and fill permit time limits; relative to time limits under the administrative procedure act; and relative to online filing with the secretary of state's office.
Why
This bill limits the time for agencies to act on permits and enforces these limits by presuming non-action is approval.
* This bill establishes time limits in several areas in an effort to streamline the process for certain state agency actions. This helps to hold state agencies accountable to action within reasonable time frames.
* This bill also requires the Secretary of State to allow online business and corporate filings by January 1, 2020. While a small improvement, this helps to reduce the burden of interaction with the state. - Pro-libertyHB 1233preempting local regulation of seeds and fertilizer.
Why
This bill protects property rights.
* This bill prevents cities and towns from infringing upon the property rights of farmers and inhabitants with regard to distribution, growing, cultivation, and harvesting of plants, and prevents local regulation on the type of fertilizer used for agricultural purposes.
* It should be the right of the grower to decide what crops and fertilizer make the most sense for them to use in order to sustain their business and their property. - Pro-libertyHB 1276adding an exemption for certain raffles conducted by charitable organizations.
Why
This bill removes the requirement for obtaining a permit and obtaining uniquely printed tickets for certain raffles run by charitable organizations.
* Currently, 287-A requires that charitable organizations wishing to hold raffles obtain a permit (287-A:7) and have tickets printed with the name of the organization, date, and location of the raffle. For smaller raffles this represents an undue hardship that undermines the fundraising ability of the organization.
* This bill changes the law to exempt raffles held in conjunction with an event lasting 12 hours or less and aligns current law with common practice across the state at school sporting events and other small civic events. - Pro-libertyHB 1285relative to dancers and entertainers in premises serving alcoholic beverages.
Why
This bill allows entertainers in establishments that are licensed to serve alcoholic beverages to drink alcohol while performing.
* Decisions about whether entertainers in establishments that serve alcohol should be allowed to drink while performing should be left to the business and not mandated by the state.
- Pro-libertyHB 1295relative to persons held in civil contempt.
Why
This bill prevents a person from having to sell their principal residence or sole motor vehicle to satisfy a finding of civil contempt.
* Incarceration for civil contempt presumes that the debtor has the ability pay the debt. Imprisoning an individual for a debt that they do not have the ability to pay is debtors' prison — an archaic and counter-productive practice.
* Failure to ensure that the person who is being imprisoned for civil contempt has the ability to pay amounts to a failure of due process and maladministration of justice. - Pro-libertyHB 1347relative to information to be included in the minutes under the right-to-know law.
Why
This bill clarifies details needed in meeting minutes.
* Setting out the minimum requirements for meeting minutes will assist clerks in consistently keeping the minutes.
* Good minutes can save taxpayers dollars in unnecessary legal costs resulting from disputes that are caused by the lack of essential details in minutes. - Pro-libertyHB 1382repealing the requirement that restaurants provide separate bathrooms for each sex.
Why
This bill removes the state mandate for separate bathrooms for businesses with 25 patrons or more.
* Restaurants should be able to decide how to make their guests most comfortable as they will suffer the consequences if their guests are unhappy.
* This bill could lower construction costs for restaurants and allow more seating in the dining area, giving restaurants a better chance to succeed. - Pro-libertyHB 1443relative to a jury's determination as to the applicability of a 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 right 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 1468establishing a commission to study legislative oversight activities related to the department of health and human services.
Why
This bill, as amended, strengthens the existing anti-competitive licensing rules that prevent the market from reducing nursing home costs.
* The average cost of nursing homes in New Hampshire is $316 per day. This is higher than the national average, which is $228 per day. The state should not be taking steps to decrease competition that are likely to result in higher overall costs to consumers.
- Pro-libertyHB 1476permitting qualifying patients and designated caregivers to cultivate cannabis for therapeutic use.
Why
This bill allows qualifying medical cannabis patients and designated caregivers to cultivate a limited number of plants for therapeutic use.
* This bill decreases medical costs for patients by allowing them to grow their own medicine.
* People should not have to choose between fearing criminal prosecution and not having access to medicine.
* This bill gives patients better access to their medicine. Many patients do not live near the few dispensaries in the state, and will benefit from this bill. - Pro-libertyHB 1554-FNincreasing exemptions under the interest and dividends tax and decreasing the total amount of research and development credits against business taxes.
Why
This bill phases out the interest and dividends tax over a 5-year period and repeals the tax on January 1, 2024.
* This bill eliminates the New Hampshire tax on interest and dividend income by reducing the tax rate each year until the tax is eliminated in 2024.
* Taxes on interest and dividends tend to discourage investment and savings, penalizing economic activity that would otherwise spur economic growth and improve productivity. - Pro-libertyHB 1673-FN-Lrelative to the interest charged on late and delinquent property tax payments.
Why
This bill reduces the interest charged on delinquent property tax payments.
* This bill reduces interest and lien rates for delinquent property taxes. The existing interest rate of 18% was set in the 1980's when private lending rates were more than twice today's rates. This bill reduces interest rates from 12% to 8% and from 18% to 14% per annum.
* Article 18 of the Constitution states that "...penalties ought to be proportional to the nature of the offense". If the offense is a payment delinquency that causes a town to borrow money at 2.5%, an 18% lien rate penalty is not proportional. - Pro-libertyHB 1690-FNrelative to liquor licenses.
Why
This bill puts NH liquor distillers on equal footing with wineries and breweries by allowing liquor festivals.
* This bill allows liquor distillers to seek additional options to showcase and sell their products. This slightly reduces state barriers to commerce and will promote NH tourism and businesses.
* The craft spirits market is growing, and NH has an opportunity to be at the forefront of this burgeoning industry by allowing liquor festivals. - Pro-libertyHB 317relative to changes in the system benefits charge.
Why
This bill requires legislative approval for further increases to the system benefits charge.
* NH residents should not be subject to further increases to the systems benefits charge without approval of elected representatives.
Thursday, April 26, 2018 · House · 3 positions
- Anti-libertyCACR 22relating to rights for crime victims. Providing that crime victims shall be afforded constitutional rights.
Why
This bill seeks to amend the Constitution to address failures of the state to follow existing victim's rights laws.
* Existing NH RSA 21-M:8-k already provides for rights for victims and alleged victims of crimes. If the state is failing to abide by this law then the law should be amended to add penalties for state employees who are failing to follow the law.
* This constitutional amendment would grant rights to alleged victims at the expense of defendants and erodes the presumption of innocence in criminal proceedings. Specifically, this constitutional amendment includes the right for alleged victims "to refuse an interview or deposition request made by the accused" which would conflict with the existing language in Part First, Article 15 of the NH Constitution which states "Every subject shall have a right to produce all proofs that may be favorable to himself; to meet the witnesses against him face to face, and to be fully heard in his defense, by himself, and counsel." and which would deny the accused access to potentially exculpatory evidence.
* As proposed, this bill would make the taxpayers financially responsible for unpaid restitution and impose numerous additional costs on state, county, and local governments without an identified funding source. While the minority amendment partially addresses some of these problems, it has had even less scrutiny by the public, enhancing the concern over unintended consequences that could only be addressed by passing an additional constitutional amendment. - Anti-libertySB 564-FN-Arelative to a business tax exemption and a workforce development program for regenerative manufacturing businesses.
Why
This bill creates a tax exemption for a certain group of favored businesses.
* The purpose of this bill is to direct the behavior of citizens and businesses toward activity that the state believes may have long-term financial benefit. The state should not be picking winners and losers and setting aside targeted tax cuts for specific classes of businesses.
* New Hampshire can continue to retain and attract businesses without resorting to central planning by broadly reducing our existing punishing business taxes. - Pro-libertySB 593-FNrelative to the penalty for capital murder.
Why
This bill changes the penalty for capital murder to life imprisonment without the possibility for parole.
* 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 death penalty as it exists in New Hampshire is not necessary for either of these purposes.
• As shown in the fiscal note, long-term incarceration costs NH taxpayers less than the death penalty.
Thursday, April 26, 2018 · Senate · 13 positions
- Anti-libertyHB 1201relative to an employee's earned but unused vacation time.
Why
This bill requires employers to pay terminated employees for vacation time and personal time.
* This bill imposes the will of the state on private employment contracts.
- Pro-libertyHB 124-FNrelative to certain aircraft registration fees and airways tolls.
Why
This bill partially addresses New Hampshire's non-competitive aircraft registration fees.
* New Hampshire aircraft registration fees are currently significantly higher than surrounding states, which disincentivizes corporations from locating headquarters and certain operations in the state. While this bill does not fully address this imbalance, it is a positive step that reduces the risk of companies leaving the state for lower-cost states.
* Registration fees are an inappropriate way to impose a fee for state aviation costs as they disproportionately impact New Hampshire aircraft owners while the state aviation services are provided to both in-state and out-of-state aircraft owners who use state infrastructure. - Pro-libertyHB 1276adding an exemption for certain raffles conducted by charitable organizations.
Why
This bill removes the requirement for obtaining a permit and obtaining uniquely printed tickets for certain raffles run by charitable organizations.
* Currently, 287-A requires that charitable organizations wishing to hold raffles obtain a permit (287-A:7) and have tickets printed with the name of the organization, date, and location of the raffle. For smaller raffles this represents an undue hardship that undermines the fundraising ability of the organization.
* This bill changes the law to exempt raffles held in conjunction with an event lasting 12 hours or less and aligns current law with common practice across the state at school sporting events and other small civic events. - Pro-libertyHB 1295relative to persons held in civil contempt.
Why
This bill prevents a person from having to sell their principal residence or sole motor vehicle to satisfy a finding of civil contempt.
* Incarceration for civil contempt presumes that the debtor has the ability pay the debt. Imprisoning an individual for a debt that they do not have the ability to pay is debtors' prison — an archaic and counter-productive practice.
* Failure to ensure that the person who is being imprisoned for civil contempt has the ability to pay amounts to a failure of due process and maladministration of justice. - Pro-libertyHB 1416-FNrepealing the prohibition on bottle rockets.
Why
This bill would repeal the statute that prohibits the sale of bottle rockets.
* The choice of whether to purchase, possess, and use bottle rockets should be a personal one — fireworks bans are paternalistic.
* Removing the ban will increase economic activity in New Hampshire. - Anti-libertyHB 1483amending the wiretapping and eavesdropping statute to include private communication networks.
Why
This bill opens wireless devices such as Alexa and Smart TVs to warrantless wiretapping by the state.
* This bill adds wireless technology that uses a wireless entry or access point to transmit or receive any form of information to the definition of a "Communications common carrier". This addition provides no additional protection for NH citizens. Even without this change, existing RSA 570-A:2 already protects against willful interception of any telecommunication or oral communication.
* The expansion of the definition of "Communications Common Carrier" does explicitly allow service providers such as Amazon or Smart TV manufacturers to provide "information, facilities, or technical assistance to an investigative or law enforcement officers" who are seeking to gain access to this information. Under existing 570-A:2 II (d) and (e) authorization for seizing these private communications is granted by the attorney general, the deputy attorney general, or an assistant attorney general or county attorney. Thus, existing law allows for law enforcement to obtain communications from Communication Common Carriers without court order. Since the primary effect of this bill is to expand the definition of a Communication Common Carrier, then as a result, this bill, which is sold as a privacy protection bill, actually has the primary consequence of reducing protection for New Hampshire citizens. - Pro-libertyHB 1554-FNincreasing exemptions under the interest and dividends tax and decreasing the total amount of research and development credits against business taxes.
Why
This bill phases out the interest and dividends tax over a 5-year period and repeals the tax on January 1, 2024.
* This bill eliminates the New Hampshire tax on interest and dividend income by reducing the tax rate each year until the tax is eliminated in 2024.
* Taxes on interest and dividends tend to discourage investment and savings, penalizing economic activity that would otherwise spur economic growth and improve productivity. - Pro-libertyHB 1673-FN-Lrelative to the interest charged on late and delinquent property tax payments.
Why
This bill reduces the interest charged on delinquent property tax payments.
* This bill reduces interest and lien rates for delinquent property taxes. The existing interest rate of 18% was set in the 1980's when private lending rates were more than twice today's rates. This bill reduces the rate to 6 percent for the first year, 9 percent for the second year, and 12 percent for the third and any subsequent year.
* Article 18 of the Constitution states that "...penalties ought to be proportional to the nature of the offense". If the offense is a payment delinquency that causes a town to borrow money at 2.5%, an 18% lien rate penalty is not proportional. - Anti-libertyHB 1715-FNestablishing a committee to study options for tenants to dispute a rent increase in a manufactured housing park if such increase was arbitrary and unreasonable.
Why
This bill establishes a committee to study options for interfering in private contracts.
* This bill establishes a study committee to study options for tenants to dispute a rent increase in a manufactured housing if the increases are "arbitrary and unreasonable". At best, this committee is paternalistic and seeking to have the general court act as a life coach for citizens. At worst, this is a prelude to recommending additional legislation where the state would seek to determine the reasonableness of private transactions.
- Anti-libertyHB 1756-FN-Arelative to an additional allowance and a cost of living adjustment for retirees from the state retirement system.
Why
This bill increases spending to provide additional retirement benefits that were not part of the original benefit package.
* Retired state and municipal employees are receiving the benefits that were promised to them when they were employed. This bill increases retirement spending to provide additional non-promised benefits and forces current state taxpayers to fund the increase.
- Anti-libertyHB 1807-FNrelative to exploitation of elderly, disabled, or impaired adults and establishing a protective order for vulnerable adults.
Why
This bill enables the state to seize firearms from a person for emotional neglect of a vulnerable adult.
* The majority of this bill is intended to protect vulnerable adults from exploitation and abuse, including financial exploitation. While this is well-meaning, the bill in its current form is flawed due to an incomplete definition of neglect and for enabling seizure of firearms for neglect findings.
* The bill allows a vulnerable adult to seek a protective order for neglect, which is defined by new section 173-D:2 VIII as <i>"an act or omission which results or could result in the deprivation of essential services or supports necessary to maintain the minimum mental, emotional, or physical health and safety of a vulnerable adult."</i>
* Other states with similar laws require that the person being accused of neglect have a caregiver role (e.g. Alabama Title 38-9-2, Montana 52-3-803, New Jersey 52:27D-407). The New Hampshire definition would allow a parent to seek a protective order for neglect against an estranged child who maintains no contact with the parent.
* A simple finding of neglect under this bill would require the defendant's firearms to be seized and held by the police for the duration of the protective order (173-D:6 I).
* An amendment that adjusts the definition of "Neglect" to <i>an act or omission <b>by a caretaker</b> which results or could result in the deprivation of essential services or supports necessary to maintain the minimum mental, emotional, or physical health and safety of a vulnerable adult</I> would improve the bill; however even with this change the bill would still enable the seizure of firearms for a finding of neglect. Further, the decision to seize firearms and prohibit future purchases is made in a proceeding where the normal rules of evidence need not apply as 173-D:4 VI, as proposed, includes <i>"In any proceeding under this chapter, the court shall not be bound by the technical rules of evidence and may admit evidence which it considers relevant and material."</i> - Pro-libertyHB 317prohibiting the public utilities commission from increasing the system benefits charge without legislative approval.
Why
This bill requires legislative approval for further increases to the system benefits charge.
* NH residents should not be subject to further increases to the systems benefits charge without approval of elected representatives.
- Anti-libertyHB 628-FNrelative to a family and medical leave insurance program.
Why
This bill establishes a tax on income with dubious opt-out provisions.
* Employees can opt-in anytime, but can only opt-out when starting employment and the opt-out requires the onerous use of a notary.
* Employees and employers should be free to negotiate benefit programs such as paid family and medical leave insurance without the state crowding out market solutions.
* Employees that do not opt-out are prohibited from opting out in the future unless they quit their job and work elsewhere.
* This bill adds more than 40 state employees, increasing the size of state government, and spends nearly $10 million over 4 years on salaries alone, before providing any benefits to citizens.
* High-earning workers would have every reason to opt-out since the program would not be financially beneficial to them, contributing to the likelihood of fund insolvency. There is no provision for fund insolvency; the state and all taxpayers would be on the hook for the mandates that the bill prescribes if the program fails.
* The state of Washington passed similar legislation in 2007, which they <i>still</i> have not been able to implement to this day.
* While the appropriate position is ITL, IS is acceptable.
* <b>This bill will be weighted very heavily on the NHLA annual scorecard.</b>
Thursday, April 19, 2018 · House · 7 positions
- Pro-libertySB 316relative to the regulation of online auctions.
Why
This bill exempts auctions conducted over the Internet from the requirements of RSA 311-B.
* This bill gives NH residents an advantage over other states that attempt to regulate online auctions.
* 23 states do not require a license to buy or sell in an auction.
* NH does not have the resources to enforce the licensing requirement. This bill will help clarify when licensing is required. - Pro-libertySB 342(Second New Title) requiring identification of specific items in the default budget.
Why
This bill adjusts the default budget such that funding for positions that were eliminated in the the proposed budget are removed from the default budget.
* The default budget automatically goes into effect should the proposed operating budget fail in SB2 towns or SB2 school districts. This bill helps to ensure that some potential cost reductions for the proposed budget are reflected in the default budget.
- Anti-libertySB 372-FN-Aestablishing positions in the office of professional licensure and certification and making an appropriation therefor.
Why
This bill permanently increases state spending to administer programs designed to limit a competitive free market for labor.
* The need for additional staff is due to New Hampshire's excessive use of occupational licenses.
* New Hampshire requires a license to perform 34 low-to-moderate income jobs — many of which are safely performed in other states without a license. According to the Institute for Justice, eleven of the occupations NH licenses are licensed by less than half of the other states. For example, NH is one of only 16 states that licenses sign language interpreters. Laws requiring licensing of these kinds of occupations, which most other states are doing fine without licensing, are candidates for reform (<a href=http://ij.org/report/license-to-work/ltw-state-data/?state=nh>ij.org/report/license-to-work/ltw-state-data/?state=nh</a>).
* We should look to reform and reduce existing professional licensing laws rather than expand an office that should be contracting. - Anti-libertySB 448establishing a commission to study the establishment of a state department of energy.
Why
This bill would establish a commission to study the expansion of the size and power of the state.
* State involvement in the electric market is part of the reason why New Hampshire ended up with some of the highest electric rates in the nation.
* The minority expresses concern that <i>"There's no central place responsible for implementing a coordinated energy policy for NH, one that will do long-term planning to address all our energy needs."</i> Centrally-planned economies produce shortages and increase costs. The lack of central responsibility for implementing a state-mandated energy policy is a feature of liberty — not a bug. - Pro-libertySB 499relative to the applicability of certain DWI prohibitions.
Why
This bill clarifies that sleeping in a vehicle is not considered driving and should not be arrestable under the DWI statute.
* As amended, this bill would exclude safe activity such as sleeping/resting or sheltering in place in a legal parking zone from being considered an attempt to drive. This common sense definition reduces the risk of facing a DWI charge for activity that poses no threat to the public.
* Arresting people who do the right thing by not driving while intoxicated does not make the roads any safer. This bill clarifies that sleeping in a vehicle or being outside of a vehicle is not considered driving and should not be arrestable under the driving while intoxicated statute. - Anti-libertySB 553-FN(New Title) establishing a commission to study the incidence of post traumatic stress disorder in first responders and whether such disorder should be covered under workers' compensation.
Why
This bill establishes a biased commission to study legislation for lowering the burden of proof for a workers' compensation Post Traumatic Stress Disorder (PTSD) claim.
* As the minority of the committee noted, this committee would study mental health issues with no mental health professionals from the state or the Governor's Commission on Disability.
* PTSD is a serious and real condition but it is also a finding that has been subject to growing abuse (<a href=https://edition.cnn.com/2014/02/24/justice/new-york-ptsd-9-11-scam/index.html>edition.cnn.com/2014/02/24/justice/new-york-ptsd-9-11-scam</a>).
* According to the minority of the committee, first responders can already seek help through workers' compensation on mental health issues. - Pro-libertySB 556-FNrelative to changes in bail procedures and procedures for annulment of a criminal record.
Why
This bill revises the procedures for the granting of bail and revises the procedure for annulment of violations and class B misdemeanors.
* The bill prohibits the court from setting a bail so high (as compared to the defendant's ability pay the bail or bond fee) that a person is forced to remain in jail while awaiting trial. This will save the state at least $3200/month per individual who no longer is held for months while awaiting trial — higher if medical costs are considered.
Thursday, April 19, 2018 · Senate · 14 positions
- Pro-libertyHB 1104-FNrelative to dredge and fill permit time limits; relative to time limits under the administrative procedure act; and relative to online filing with the secretary of state’s office.
Why
This bill limits the time for agencies to act on permits and enforces these limits by presuming non-action is approval.
* This bill establishes time limits in several areas in an effort to streamline the process for certain state agency actions. This helps to hold state agencies accountable to action within reasonable time frames.
* This bill also requires the Secretary of State to allow online business and corporate filings by January 1, 2020. While a small improvement, this helps to reduce the burden of interaction with the state. - Pro-libertyHB 1283prohibiting sobriety checkpoints.
Why
This bill prohibits a law enforcement agency from setting up roadblocks that stop drivers without probable cause.
* These roadblocks stop all drivers without probable cause under the pretext of encouraging sober driving, but they infringe upon the liberty of law-abiding drivers. There is no evidence that roadblocks are more effective than policing that focuses on erratic driving to establish probable cause for a stop.
* Sobriety checkpoints are conspicuous enough that even impaired drivers can identify the flashing lights far enough in advance to make a legal U-turn and avoid police interaction.
* Arrests for DWI generally make up less than half the arrests at these stops. - Pro-libertyHB 1285relative to dancers and entertainers in premises serving alcoholic beverages.
Why
This bill allows entertainers in establishments that are licensed to serve alcoholic beverages to drink alcohol while performing.
* Decisions about whether entertainers in establishments that serve alcohol should be allowed to drink while performing should be left to the business and not mandated by the state.
- Pro-libertyHB 1477-FNrelative to annulment of arrests or convictions for possession of 3/4 of an ounce of marijuana, or less.
Why
This bill establishes a procedure for annulment of arrests or convictions for activities which are no longer a crime in New Hampshire.
* This bill provides a process for those with criminal records for arrests or convictions for possession of 3/4 of an ounce or less of marijuana to have those convictions and arrests annulled. HB 640 signed in July 2017 reduced this offense to a violation punishable only by a fine.
- Anti-libertyHB 1484relative to late fees in manufactured housing parks.
Why
This bill prohibits manufactured housing parks from charging a late fee for payments made within 7 days of the due date.
* The government should not be meddling in private contracts, especially when those contracts are providing a place to live for individuals with very few resources.
* Cities and towns begin applying interest/late fees immediately upon a tax payment being late — this bill holds private individuals to a different standard than the government. - Pro-libertyHB 1612relative to data security in schools.
Why
This bill requires school districts to have data security plans and policies.
* To the extent the government has access to anyone's personal information, it has the responsibility to safeguard such information.
- Pro-libertyHB 1672-FNprohibiting release of certain information relative to users of therapeutic cannabis to federal agencies.
Why
This bill prohibits the release of any information related to therapeutic cannabis to federal agencies without a warrant based on probable cause.
* Federal agencies consider cannabis use to be a crime. The state of New Hampshire has a duty to protect its citizens from overreaching federal agents.
- Pro-libertyHB 1690-FNrelative to liquor licenses.
Why
This bill puts NH liquor distillers on equal footing with wineries and breweries by allowing liquor festivals.
* This bill allows liquor distillers to seek additional options to showcase and sell their products. This slightly reduces state barriers to commerce and will promote NH tourism and businesses.
* The craft spirits market is growing, and NH has an opportunity to be at the forefront of this growing industry by allowing liquor festivals. - Pro-libertyHB 1719-FNrelative to donations of liquor to nonprofits.
Why
This bill simplifies the donation of liquors to non-profits by allowing direct donations instead of a complex transaction that achieves the same effect.
* Nonprofits are important to a free society. This bill allows NH breweries, wineries, and distilleries to make direct donations to nonprofits in an effort to raise money for these organizations.
* This bill reduces the red tape in the donation process and will benefit nonprofits in NH. - Pro-libertyHB 1720-FNrelative to the storage of beverages produced by contract brewers.
Why
This bill allows a NH beverage manufacturer to store contract brewed beverages in NH even if they were brewed out of state.
* This bill will give NH beverage manufacturers greater control over their own product.
* Proper storage is essential to good quality beverages. By allowing the licensee to store their own product, this could reduce costs to businesses and customers while improving the quality of the product. - Pro-libertyHB 1744authorizing a parent to exempt his or her child from participating in the statewide assessment program.
Why
This bill clarifies parental ability to have their child not participate in statewide
assessments, without fear of penalty.* 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.
* Nashua and Manchester school districts have opt-out policies without adversely affecting participation rates. - Pro-libertyHB 1753-FNrelative to transportation of alcoholic beverages by a minor.
Why
This bill, as amended, increases the list of legal-age relations allowed to accompany a driver under the age of 21 while transporting alcoholic beverages in a vehicle.
* Current statute allows for drivers under the age of 21 to transport alcohol within a vehicle if they're accompanied by a relation of legal drinking age who is a parent, legal guardian, or spouse. This bill expands the list of chaperones to include stepparent, grandparent, domestic partner, or sibling.
* Simply transporting alcohol in a vehicle is not a risk to the public, and family relations should be allowed to accompany an underage driver without the driver fearing a suspension of their license. - Pro-libertyHB 1788-FN-Lrelative to costs charged under the right-to-know law.
Why
This bill, as amended, sets a maximum rate of 10 cents per page for copies made under the Right-to-Know Law.
* This bill clarifies existing wording in RSA 91-A:4, IV which previously stated that the person may be charged "the actual cost of" providing the copy. The existing wording is unclear and may result in widely varying costs per page.
- Anti-libertyHB 1807-FNrelative to exploitation of elderly, disabled, or impaired adults and establishing a protective order for vulnerable adults.
Why
This bill enables the state to seize firearms from a person for emotional neglect of a vulnerable adult.
* The majority of this bill is intended to protect vulnerable adults from exploitation and abuse, including financial exploitation. While this is well-meaning, the bill in its current form is flawed due to an incomplete definition of neglect and for enabling seizure of firearms for neglect findings.
* The bill allows a vulnerable adult to seek a protective order for neglect, which is defined by new section 173-D:2 VIII as <i>"an act or omission which results or could result in the deprivation of essential services or supports necessary to maintain the minimum mental, emotional, or physical health and safety of a vulnerable adult."</i>
* Other states with similar laws require that the person being accused of neglect have a caregiver role (e.g. Alabama Title 38-9-2, Montana 52-3-803, New Jersey 52:27D-407). The New Hampshire definition would allow a parent to seek a protective order for neglect against an estranged child who maintains no contact with the parent.
* A simple finding of neglect under this bill would require the defendant's firearms to be seized and held by the police for the duration of the protective order (173-D:6 I).
* An amendment that adjusts the definition of "Neglect" to <i>an act or omission <b>by a caretaker</b> which results or could result in the deprivation of essential services or supports necessary to maintain the minimum mental, emotional, or physical health and safety of a vulnerable adult</I> would improve the bill; however even with this change the bill would still enable the seizure of firearms for a finding of neglect. Further, the decision to seize firearms and prohibit future purchases is made in a proceeding where the normal rules of evidence need not apply as 173-D:4 VI, as proposed, includes <i>"In any proceeding under this chapter, the court shall not be bound by the technical rules of evidence and may admit evidence which it considers relevant and material."</i>
Wednesday, April 18, 2018 · House
NHLA’s recommendations for this session are published.
Thursday, April 12, 2018 · House · 1 position
- Pro-libertySB 516(New Title) prohibiting motorcycle-only checkpoints.
Why
This bill prohibits motorcycle-only checkpoints.
* There is a demonstrated need for this legislation, as during the committee hearing, testimony was given that the town of Portsmouth is said to have been pursuing motorcycle-only checkpoints.
* Roadside checkpoints which stop vehicles without probable cause are an infringement upon the right to be free from unreasonable searches of possessions.
Thursday, April 12, 2018 · Senate · 2 positions
- Pro-libertyHB 1217amending the certification requirements for school nurses.
Why
This bill expands who may qualify for a job as a school nurse, provided they are a registered nurse.
* In 2016 the legislature added a requirement for all school nurses to be certified by the State Board of Education, which created issues in hiring school nurses.
* This bill removes the changes from HB 1193 that created this issue. - Anti-libertyHB 1807-FNrelative to exploitation of elderly, disabled, or impaired adults and establishing a protective order for vulnerable adults.
Why
This bill enables vulnerable adults to seek protective orders for abuse, exploitation, and neglect.
* The majority of this bill is intended to protect vulnerable adults from exploitation and abuse, including financial exploitation. While this is well-meaning, the bill in its current form is flawed due to an incomplete definition of neglect and for enabling seizure of firearms for neglect findings.
* The bill allows a vulnerable adult to seek a protective order for neglect, which is defined by new section 173-D:2 VIII as <i>"an act or omission which results or could result in the deprivation of essential services or supports necessary to maintain the minimum mental, emotional, or physical health and safety of a vulnerable adult."</i>
* Other states with similar laws require that the person being accused of neglect have a caregiver role (e.g. Alabama Title 38-9-2, Montana 52-3-803, New Jersey 52:27D-407). The New Hampshire definition would allow a parent to seek a protective order for neglect against an estranged child who maintains no contact with the parent.
* A simple finding of neglect under this bill would require the defendant's firearms to be seized and held by the police for the duration of the protective order (173-D:6 I).
* An amendment that adjusts the definition of "Neglect" to <i>an act or omission <b>by a caretaker</b> which results or could result in the deprivation of essential services or supports necessary to maintain the minimum mental, emotional, or physical health and safety of a vulnerable adult</I> would improve the bill; however even with this change the bill would still enable the seizure of firearms for a finding of neglect. Further, the decision to seize firearms and prohibit future purchases is made in a proceeding where the normal rules of evidence need not apply as 173-D:4 VI, as proposed, includes <i>"In any proceeding under this chapter, the court shall not be bound by the technical rules of evidence and may admit evidence which it considers relevant and material."</i>
Thursday, April 5, 2018 · House · 3 positions
- Anti-libertySB 313-FN(New Title) reforming New Hampshire's Medicaid and Premium Assistance Program, establishing the granite workforce pilot program, and relative to certain liquor funds.
Why
This bill extends medicaid expansion in New Hampshire by replacing the program that is set to expire in December 2018 with a new managed care program.
* This is a hidden tax on private health care buyers. The incentives for Granite Advantage will increase costs for all other health care participants.
* 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.
* Federal money always comes with strings attached; it is not free. The national debt, which is now greater than $21 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 have sustainably lower costs and increase access for the majority of Granite Staters. - Anti-libertySB 529-FN(New Title) requiring the department of environmental services to conduct a study regarding the Baker River in the town of Warren and making an appropriation for such study.
Why
This bill requires DES to conduct an unplanned study and would require reallocation of resources in a non-budget year.
* Predictable flooding is not a good reason to reallocate budget money that has been earmarked for other important projects.
* The fiscal note estimates for the cost of the proposed study varied. Without knowing how much is needed to fund the study, it is irresponsible to pass this bill. - Pro-libertySB 55(New Title) relative to the servicing of backflow devices and arrest powers of fire marshals.
Why
This bill allows individuals certified by the Department of Environmental Services to perform services on backflow devices that are not directly adjacent to a drinking water distribution system. In addition, this bill removes the power to detain and arrest from fire marshals.
* New Hampshire's licensed backflow preventer testers are already qualified to work on these devices. Requiring a plumber to service backflow preventers is an unnecessary expense to the property owner and may delay servicing of defective devices, increasing risk to the public.
* It is not safe for state fire marshals to be making arrests, and should be left to trained professionals who more regularly exercise the power of arrest. It is not worth the risk to ask fire marshals to perform dangerous acts just to catch an unlicensed worker. The majority report's example of an arsonist or unlicensed worker could be handled with a simple video of the person in the act and a call to the police.
Thursday, April 5, 2018 · Senate · 5 positions
- Pro-libertyHB 1227relative to an unattended idling vehicle on private property.
Why
This bill limits the existing restriction on idling an unattended vehicle so that it does not apply when the vehicle is on the owner's property.
* Existing law bans idling of unattended vehicles unless they are started via a remote car starter. This bill removes that restriction when the vehicle is on the property of the vehicle operator.
* Property owners should be able to determine how they would like to utilize their property. - Anti-libertyHB 1258relative to the advanced manufacturing education advisory council.
Why
This bill promotes spending of taxpayer money and creates a new avenue for public funds to be diverted to politically-friendly businesses.
* This bill creates new solicitation and spending of taxpayer money that has no expiration. While no state funds are allocated this year, it is regularly the case that funds like this are established in one year and funded in a following year to obfuscate growth in state spending.
* This bill creates a new pathway for corrupt bureaucrats to direct taxpayer money to politically-favored businesses.
* The state should not be attempting to determine the training that businesses will require. - Pro-libertyHB 1273suspending state licensure laws for physicians and physician assistants employed by the United States Department of Veterans Affairs.
Why
This bill suspends New Hampshire state licensure laws for physicians and physician assistants employed by the United States Department of Veterans Affairs who possess a current medical license in good standing in their respective state or country of licensure allowing them to practice at other local facilities or hospitals.
* Occupational licensing increases costs and denies consumers choices in the marketplace. This bill effectively enables medical license reciprocity for physicians who offer services to patients who are veterans and limits the reciprocity to doctors employed by the United States Department of Veterans Affairs.
* While not covered by this bill, New Hampshire should look to extend this courtesy to doctors treating private patients to help mitigate the shortage of doctors across the state. - Pro-libertyHB 1676-FNrepealing the licensing requirement for open-air shows and repealing the laws related to the keeping of billiard tables.
Why
This bill makes small positive improvements to New Hampshire's burdensome licenses.
* This bill repeals the license requirements for showmen, ventriloquists, puppeteers, and other similar performers.
* In addition, this bill repeals license requirements for pool tables and bowling alleys.
* A penalty of felony ventriloquism has no place in a free society. - Pro-libertyHB 1685-FNestablishing a statutory commission for oversight over occupational regulation.
Why
This bill establishes an occupational regulation review commission to determine if regulatory boards utilize the least-restrictive regulation required to protect consumers from significant and substantiated harm.
* By raising barriers to entry, overly-expansive occupational licensing raises costs and decreases the quality of available services (<a href=https://www.ij.org/images/pdf_folder/economic_liberty/occupational_licensing/licensetowork.pdf>https://www.ij.org/images/pdf_folder/economic_liberty/occupational_licensing/licensetowork.pdf</a>).
* Occupational licensing of lower-income trades in particular discourages entrepreneurship, and unjustly eliminates opportunities to those who are most vulnerable and who do not have paid lobbyists speaking up for their rights and interests.
* 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, 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.
Thursday, March 22, 2018 · House · 9 positions
- Pro-libertyHB 1104-FN(New Title) relative to dredge and fill permit time limits; relative to time limits under the administrative procedure act; and relative to online filing with the secretary of state's office.
Why
This bill limits the time for agencies to act on permits and enforces these limits by presuming non-action is approval.
* This bill, as amended, establishes time limits in several areas in an effort to streamline the process for certain state agency actions. This helps to hold state agencies accountable to action within reasonable time frames.
* This bill also requires the Secretary of State to allow online business and corporate filings by January 1, 2020. While a small improvement, this helps to reduce the burden of interaction with the state. - Anti-libertyHB 1214prohibiting the sale of certain furniture with flame retardant chemicals.
Why
This bill bans the sale and distribution of new upholstered furniture for residential purposes that has been treated with flame retardant chemicals while still allowing their use in public facilities including schools.
* This bill enacts a broad ban against treatment of furniture with all current and future chemicals that offer flame retardant properties. This is a legislative overreaction to incomplete science on a specific subset of chemicals by preemptively banning all future uses of treatments with flame retardant properties.
* Proponents of the legislation express concern over limited science which suggests potential health impacts of certain legacy flame retardants to firefighters and children while still allowing children to be exposed to the treatments while in schools.
* The public already has an increasing number of options available for purchasing flammable furniture, including options at NH retailers such as Ethan Allen (<a href=https://www.ethanallen.com/en_US/faqs.html>https://www.ethanallen.com/en_US/faqs.html</a>).
* While ITL is the appropriate vote, IS is acceptable. - Pro-libertyHB 1313relative to prohibitions on carrying a loaded firearm on an OHRV or snowmobile.
Why
This bill repeals the prohibitions on carrying a loaded pistol or revolver on an OHRV or a snowmobile.
* This bill is largely a housekeeping bill to align remaining sections of NH law with the constitutional carry provisions enacted in 2017.
* New Hampshire voters affirmed our inherent right to self-defense in 1982 with the adoption of Article 2-a. of the NH Constitution: All persons have the right to keep and bear arms in defense of themselves, their families, their property and the state.
* Under current law, OHRV or snowmobile drivers may be forced to leave firearms unattended in their vehicles or unload them under less-than-ideal conditions prior to engaging in recreation. - Anti-libertyHB 1610requiring sellers of real property to disclose certain information concerning environmental hazards.
Why
This bill interferes in private commerce by creating new mandates for sellers of real property.
* This bill requires sellers of real property to provide notice to buyers of environmentally hazardous sites within one mile of the property, and to disclose water test results if a source of MTBE or perfluorinated chemicals is identified within one mile of the property.
* This is a burdensome and unrealistic requirement. - Anti-libertyHB 1632relative to the labeling of bottled water.
Why
This bill requires bottled water to be tested for the presence of certain chemicals and labeled with certain results of such tests.
* New labeling requirements would place an undue burden on retailers, wholesalers, and producers throughout the state and region.
* If there is a widespread public outcry for such labeling, companies (both producers and retailers) will ultimately lead the charge to satisfy customer demand. - Pro-libertyHB 1678-FNreducing the penalty for certain first offense drug possession charges.
Why
This bill reduces the penalty for certain first offense drug possession charges from a felony to either a felony or a misdemeanor.
* Allowing for flexibility of charges for victimless crimes reduces the negative impact of the failed war on drugs.
- Anti-libertyHB 1763-FN-Aestablishing a road usage fee and making an appropriation therefor.
Why
This bill increases fees on most vehicles without reducing other fees/taxes to offset the increase.
* This bill adds a new road usage fee based on the miles per gallon efficiency of the vehicle with a graduated fee for vehicles above 20 MPG. In 2018, even large-class vehicles often have EPA ratings exceeding this metric, resulting in this new fee likely applying broadly to the majority of vehicles. In fact, the fleet average MPG including all passenger cars and light trucks sold after 2014 is estimated to be at least 31 MPG (<a href=https://goo.gl/ndWWaC>https://goo.gl/ndWWaC</a>).
* This bill simply raises more revenue; it does not reduce other taxes or fees in any way. If there is simply a desire to ensure that road maintenance burden is shared by all drivers, this new fee should be accompanied by a reduction in other fees.
* This bill will encourage drivers to purchase less fuel-efficient vehicles, resulting in more fossil fuels being burned in NH.
* This bill will hurt elderly drivers the most. According to the Federal Highway Administration drivers over the age of 65 drive an average of 7,646 miles per year, yet this bill will tax them an extra 30% more than they drive on average. - Anti-libertyHB 628-FNrelative to a family and medical leave insurance program.
Why
This bill, as amended, creates a new mandate on employers and institutes a market distorting/state-mandated price fixing scheme for family medical leave insurance.
* As amended, this bill interferes in the private insurance marketplace by setting a government-selected withholding rate for an insurance product.
* It places a new mandate on private employers to provide family and medical leave insurance from a state-approved list of insurers unless self-insured.
* There are multiple proposed similar federal programs under consideration. Passing any form of state-mandated program now is likely to incur costs for both private employers and state taxpayers that may well be wasted/duplicate efforts.
* Support the majority amendment 2018-1111h but regardless of whether amendment fails or passes, oppose HB 628.
* If the amendment 2018-1111h fails, the bill reverts to its prior form of a government-run program where employees can opt-in anytime, but can only opt-out when starting employment and the opt-out requires an onerous use of a notary. In addition the bill would add more than 40 state employees, increasing the size of state government, and spends nearly $10 million over 4 years on salaries alone.
* In the prior form of the bill, high-earning workers would have every reason to opt-out since the program would not be financially beneficial to them, contributing to the likelihood of fund insolvency. There was also no provision for fund insolvency; the state and all taxpayers would be on the hook for the mandates that the bill prescribes if the program fails.
* The state of Washington passed similar legislation in 2007, which they <i>still</i> have not been able to implement to this day.
* <b>This bill will be weighted very heavily on the NHLA annual scorecard.</b> - Pro-libertyHB 656-FN-A-LOCALrelative to the legalization and regulation of marijuana.
Why
This bill ends marijuana prohibition for adults 21 and older in New Hampshire.
* This bill, which allows limited personal possession and cultivation of marijuana for adults 21 and older, already passed the House in a 207-139 vote on January 9.
* The bill would legalize cultivation of six plants, three of which could be mature. It would not regulate or tax the market. Adults in Massachusetts, Maine, five other states, and Washington, D.C. already enjoy the freedom to grow their own limited supply of cannabis without fear of state or local prosecution. 68% of Granite Staters support legalization.
* Vote NAY IS and then YEA OTP.
Thursday, March 22, 2018 · Senate · 3 positions
- Anti-libertyCACR 22relating to rights for crime victims. Providing that crime victims shall be afforded constitutional rights.
Why
This bill seeks to amend the Constitution to address failures of the state to follow existing victim's rights laws.
* Existing NH RSA 21-M:8-k already provides for rights for victims and alleged victims of crimes. If the state is failing to abide by this law then the law should be amended to add penalties for state employeers who are failing to follow the law.
* This amendment would grant rights to alleged victims at the expense of defendants and erodes the presumption of innocence in criminal proceedings. Specifically, this constitutional amendment includes the right for alleged victims "to refuse an interview or deposition request made by the accused" which would conflict with the existing language in Part First, Article 15 of the NH Constitution which states "Every subject shall have a right to produce all proofs that may be favorable to himself; to meet the witnesses against him face to face, and to be fully heard in his defense, by himself, and counsel." which would deny the accused access to potentially exculpatory evidence. - Pro-libertySB 388relative to dispensary locations for therapeutic cannabis.
Why
This bill modestly improves patient access to medicine.
* This bill authorizes the Dept. of Health and Human Services to establish a second dispensary location for therapeutic cannabis in the geographic area that includes Carroll, Coos, and Grafton counties. Under current law NH residents in many areas of the state have to travel great distances, in some cases as long as 3-4 hours round trip, to pick up legal medication.
- Anti-libertySB 541-FN-Aestablishing a fund to reimburse costs associated with firefighters who have cancer.
Why
This bill provides a new benefit to firefighters, many of whom work under collectively bargained contracts, without negotiating the addition of this benefit as part of regular contract negotiations.
* This bill effectively creates a new program to reimburse costs associated with firefighters who have cancer under the presumption that these cancers are work-related.
* While there may be cancers caused by work-related exposure, the language is broad enough that effectively all non-smoking employees will be provided with a new healthcare benefit paid for by NH residents who do not receive such a benefit themselves.
* Firefighers are far from the only workers in society who have unique environmental exposures or other elevated risk factors for disease. Police have elevated risks of prostate cancer as compared to the general population (<a href=https://www.ncbi.nlm.nih.gov/pmc/articles/PMC5693511/>www.ncbi.nlm.nih.gov/pmc/articles/PMC5693511/</a>), sanitation workers have elevated risk of infection and cancer (<a href=https://www.ncbi.nlm.nih.gov/pmc/articles/PMC2796749/>www.ncbi.nlm.nih.gov/pmc/articles/PMC2796749/</a>), and computer/IT workers are at a higher risk for blood clots (<a href=https://www.ncbi.nlm.nih.gov/pmc/articles/PMC2966881/>www.ncbi.nlm.nih.gov/pmc/articles/PMC2966881</a>).
* If this is a valuable employee benefit that can be offered at a low cost, then it should be offered as part of contract negotiations.
Wednesday, March 21, 2018 · House · 20 positions
- Pro-libertyHB 1104-FN(New Title) relative to dredge and fill permit time limits; relative to time limits under the administrative procedure act; and relative to online filing with the secretary of state's office.
Why
This bill limits the time for agencies to act on permits and enforces these limits by presuming non-action is approval.
* This bill, as amended, establishes time limits in several areas in an effort to streamline the process for certain state agency actions. This helps to hold state agencies accountable to action within reasonable time frames.
* This bill also requires the Secretary of State to allow online business and corporate filings by January 1, 2020. While a small improvement, this helps to reduce the burden of interaction with the state. - Anti-libertyHB 1214prohibiting the sale of certain furniture with flame retardant chemicals.
Why
This bill bans the sale and distribution of new upholstered furniture for residential purposes that has been treated with flame retardant chemicals while still allowing their use in public facilities including schools.
* This bill enacts a broad ban against treatment of furniture with all current and future chemicals that offer flame retardant properties. This is a legislative overreaction to incomplete science on a specific subset of chemicals by preemptively banning all future uses of treatments with flame retardant properties.
* Proponents of the legislation express concern over limited science which suggests potential health impacts of certain legacy flame retardants to firefighters and children while still allowing children to be exposed to the treatments while in schools.
* The public already has an increasing number of options available for purchasing flammable furniture, including options at NH retailers such as Ethan Allen (<a href=https://www.ethanallen.com/en_US/faqs.html>https://www.ethanallen.com/en_US/faqs.html</a>).
* While ITL is the appropriate vote, IS is acceptable. - Anti-libertyHB 1275relative to the placement of minors at the Sununu Youth Drug Treatment Center.
Why
This bill mandates treatment and/or forced placement of a minor at the Sununu Youth services center in cases where there is an assertion that a youth was revived with Narcan administered by a first responder.
* While it is admirable to want to provide assistance to those who are ready for it, mandated placement of minors into a secure treatment facility with others who may have significant substance abuse issues may be counterproductive both to the youth who is being placed as well as to those already receiving treatments.
* A review of available data performed by Yale Review of Law and Social Action titled Involuntary Treatment of Drug Addiction found: "Whatever the terminology used and whatever the means by which coercion is applied, compulsory treatment of addicts is void of benefits and counterproductive of the goals which form the rationale for depriving people of their liberty." (<a href=https://goo.gl/mWfLFz>https://goo.gl/mWfLFz</a>). - Pro-libertyHB 1279allowing additional charges under a lease to be included in a demand for rent.
Why
This bill allows for additional charges, such as late fees and utility costs, to be included in the demand notice.
* Tenants who fall behind in their rent may have a contractual obligation to pay late fees. Under current law the notice of demand may only ask for the late rent.
* Tenants with financial difficulties may have utility service disconnected, or change over to the landlord's account, possibly causing damages.
* If a landlord includes any charge other than the rent in the demand, it will be rejected by the court, requiring further and duplicate actions.
* A notice of demand for rent is not a notice of eviction. - Pro-libertyHB 1295relative to persons held in civil contempt.
Why
This bill, as amended, prevents a person from having to sell their principal residence or sole motor vehicle to satisfy a finding of civil contempt.
* Incarceration for civil contempt presumes that the debtor has the ability pay the debt. Imprisoning an individual for a debt that they do not have the ability to pay is debtors' prison — an archaic and counter-productive practice.
* Failure to ensure that the person who is being imprisoned for civil contempt has the ability to pay amounts to a failure of due process and maladministration of justice. - Pro-libertyHB 1313relative to prohibitions on carrying a loaded firearm on an OHRV or snowmobile.
Why
This bill repeals the prohibitions on carrying a loaded pistol or revolver on an OHRV or a snowmobile.
* This bill is largely a housekeeping bill to align remaining sections of NH law with the constitutional carry provisions enacted in 2017.
* New Hampshire voters affirmed our inherent right to self-defense in 1982 with the adoption of Article 2-a. of the NH Constitution: All persons have the right to keep and bear arms in defense of themselves, their families, their property and the state.
* Under current law, OHRV or snowmobile drivers may be forced to leave firearms unattended in their vehicles or unload them under less-than-ideal conditions prior to engaging in recreation. - Pro-libertyHB 1347relative to information to be included in the minutes under the right-to-know law.
Why
This bill clarifies details needed in meeting minutes.
* Setting out the minimum requirements for meeting minutes will assist clerks in consistently keeping the minutes.
* Good minutes can save taxpayers dollars in unnecessary legal costs resulting from disputes that are caused by the lack of essential details in minutes. - Pro-libertyHB 1373relative to an individual's property right in his or her DNA.
Why
This bill, as amended, recognizes that people have a privacy right in their DNA and genetic information.
* Personal "biometric" data (e.g. DNA, retina/iris scans, etc) should not be involuntarily captured or used.
* At least half of US states have some form of DNA privacy law (<a href=http://www.ncsl.org/research/health/genetic-privacy-laws.aspx>http://www.ncsl.org/research/health/genetic-privacy-laws.aspx</a>). - Anti-libertyHB 1393relative to compensation for vacation time and personal time earned.
Why
This bill requires employers to pay terminated employees for vacation time and personal time.
* This bill imposes the will of the state on private employment contracts.
- Anti-libertyHB 1422-FN-Arelative to the applicability of certain business tax rate changes.
Why
This bill sets an automatic trigger for cancelling existing planned tax reductions.
* Our ability to attract new businesses and retain existing businesses is vital to the health of our economy. Low unemployment benefits everyone.
* High business tax rates impede New Hampshire's ability to attract and retain businesses.
* When profits are not heavily taxed they can be reinvested to hire more staff, used to create more robust R&D, or invested in capital equipment. - Pro-libertyHB 1485relative to security deposits.
Why
* This bill reduces the impact of state-level interference in private contracts by allowing up to two months' rent to be collected for a security deposit.
* Allowing two months' security deposit may enable a person who otherwise would not be qualified to rent an apartment due to poor credit to negotiate with the landlord to offer additional security deposit to offset the risk of prior defaults and failure to pay.
* Over-regulation of rentals reduces the number of investors willing to enter the rental business, and raises rental rates.
* Testimony in committee offered: "only nine states in the US restrict security deposits to just one month's rent". - Pro-libertyHB 1507-FNrelative to state inspection of new motor vehicles.
Why
This bill provides that new motor vehicles need not be inspected during the three years following the manufacturer's model year.
* 33 states, including states with much harsher winters than NH (e.g. Michigan, Wisconsin, North Dakota, and Minnesota), do not require any periodic safety inspections. Another 6 states require only biennial inspections. This common sense change to eliminate inspections on new vehicles would save residents time and money without any measurable added risk.
* A comprehensive study by Brigham Young University concluded "This finding strongly suggests that vehicle safety inspection programs are no longer necessary, and are simply a form of residual government oversight." (<a href=https://goo.gl/D9rxE7>https://goo.gl/D9rxE7</a>) - Anti-libertyHB 1609establishing a local option for an additional surcharge on occupancy under the meals and rooms tax.
Why
This bill allows towns and cities to adopt an additional surcharge under the meals and rooms tax on hotel occupancy.
* Though the initial local option tax in this bill is small, it provides another avenue for taxation which will inevitably grow over time.
- Anti-libertyHB 1610requiring sellers of real property to disclose certain information concerning environmental hazards.
Why
This bill interferes in private commerce by creating new mandates for sellers of real property.
* This bill requires sellers of real property to provide notice to buyers of environmentally hazardous sites within one mile of the property, and to disclose water test results if a source of MTBE or perfluorinated chemicals is identified within one mile of the property.
* This is a burdensome and unrealistic requirement. - Anti-libertyHB 1632relative to the labeling of bottled water.
Why
This bill requires bottled water to be tested for the presence of certain chemicals and labeled with certain results of such tests.
* New labeling requirements would place an undue burden on retailers, wholesalers, and producers throughout the state and region.
* If there is a widespread public outcry for such labeling, companies (both producers and retailers) will ultimately lead the charge to satisfy customer demand. - Pro-libertyHB 1678-FNreducing the penalty for certain first offense drug possession charges.
Why
This bill reduces the penalty for certain first offense drug possession charges from a felony to either a felony or a misdemeanor.
* Allowing for flexibility of charges for victimless crimes reduces the negative impact of the failed war on drugs.
- Anti-libertyHB 1716-FNestablishing apprenticeship programs for unemployed workers.
Why
This bill funnels unemployment compensation training funds to union apprenticeship programs for trades selected by the state.
* This bill creates a government jobs program with a $12 minimum wage, and creates additional bureaucracy to administer the program.
* While government-sponsored jobs training programs are effective at spending taxpayer money, there is little evidence that they have any lasting impacts. Taxpayers have been funding jobs programs since the 1960s, yet federal auditors can find little evidence that they are effective: Government Accountability Office, "Multiple Employment and Training Programs," GAO-11-92, January 2011, p. 11 (<a href=https://www.gao.gov/new.items/d1192.pdf>www.gao.gov/new.items/d1192.pdf</a>). - Anti-libertyHB 1763-FN-Aestablishing a road usage fee and making an appropriation therefor.
Why
This bill increases fees on most vehicles without reducing other fees/taxes to offset the increase.
* This bill adds a new road usage fee based on the miles per gallon efficiency of the vehicle with a graduated fee for vehicles above 20 MPG. In 2018, even large-class vehicles often have EPA ratings exceeding this metric, resulting in this new fee likely applying broadly to the majority of vehicles. In fact, the fleet average MPG including all passenger cars and light trucks sold after 2014 is estimated to be at least 31 MPG (<a href=https://goo.gl/ndWWaC>https://goo.gl/ndWWaC</a>).
* This bill simply raises more revenue; it does not reduce other taxes or fees in any way. If there is simply a desire to ensure that road maintenance burden is shared by all drivers, this new fee should be accompanied by a reduction in other fees.
* This bill will encourage drivers to purchase less fuel-efficient vehicles, resulting in more fossil fuels being burned in NH.
* This bill will hurt elderly drivers the most. According to the Federal Highway Administration drivers over the age of 65 drive an average of 7,646 miles per year, yet this bill will tax them an extra 30% more than they drive on average. - Anti-libertyHB 628-FNrelative to a family and medical leave insurance program.
Why
This bill, as amended, creates a new mandate on employers and institutes a market distorting/state-mandated price fixing scheme for family medical leave insurance.
* As amended, this bill interferes in the private insurance marketplace by setting a government-selected withholding rate for an insurance product.
* It places a new mandate on private employers to provide family and medical leave insurance from a state-approved list of insurers unless self-insured.
* There are multiple proposed similar federal programs under consideration. Passing any form of state-mandated program now is likely to incur costs for both private employers and state taxpayers that may well be wasted/duplicate efforts.
* Support the majority amendment 2018-1111h but regardless of whether amendment fails or passes, oppose HB 628.
* If the amendment 2018-1111h fails, the bill reverts to its prior form of a government-run program where employees can opt-in anytime, but can only opt-out when starting employment and the opt-out requires an onerous use of a notary. In addition the bill would add more than 40 state employees, increasing the size of state government, and spends nearly $10 million over 4 years on salaries alone.
* In the prior form of the bill, high-earning workers would have every reason to opt-out since the program would not be financially beneficial to them, contributing to the likelihood of fund insolvency. There was also no provision for fund insolvency; the state and all taxpayers would be on the hook for the mandates that the bill prescribes if the program fails.
* The state of Washington passed similar legislation in 2007, which they <i>still</i> have not been able to implement to this day.
* <b>This bill will be weighted very heavily on the NHLA annual scorecard.</b> - Pro-libertyHB 656-FN-A-LOCALrelative to the legalization and regulation of marijuana.
Why
This bill ends marijuana prohibition for adults 21 and older in New Hampshire.
* This bill, which allows limited personal possession and cultivation of marijuana for adults 21 and older, already passed the House in a 207-139 vote on January 9.
* The bill would legalize cultivation of six plants, three of which could be mature. It would not regulate or tax the market. Adults in Massachusetts, Maine, five other states, and Washington, D.C. already enjoy the freedom to grow their own limited supply of cannabis without fear of state or local prosecution. 68% of Granite Staters support legalization.
* Vote NAY IS and then YEA OTP.
Wednesday, March 21, 2018 · Senate · 4 positions
- Pro-libertySB 318amending the prohibitions on youth employment.
Why
This bill relaxes state interference in youth employment, leaving more decisions
to individuals and families.* This bill repeals certain provisions of the youth employment law governing the employment of youths 16 and 17 years of age — including but not limited to a repeal of RSA 276-A:5 - relative to youth employment certificates, RSA 276-A:13 - relative to youth night work, and RSA 276-A:22 - relative to evidence of violations of youth employment in certain jobs. This allows families and employers to better align work schedules and durations with the unique needs of teens.
- Anti-libertySB 365relative to default service energy diversity and rate relief.
Why
This bill requires electric distribution companies
to purchase power from renewable generation services.* This bill mandates a state solution to volatile energy costs by mandating that electric distribution companies purchase the net energy output of renewable energy facilities located in the electric distribution company's service territory.
* This requires customers to continue to subsidize power generation facilities that are unable to produce power at a competitive rate. - Pro-libertySB 420relative to collective bargaining under the right-to-know law.
Why
This bill declares that public meeting for the purposes of the right-to-know law shall not include strategy with respect to collective bargaining if only one party is present.
* This bill retains the privacy of strategic collective bargaining talks which could be harmful to taxpayers or unions if revealed.
- Anti-libertySB 526-FNrelative to school food and nutrition programs.
Why
This bill spends taxpayer dollars to pay for full-cost meals for students who are already eligible for reduced-cost meals.
* Under federal guidelines students from families above 1.35x the household-size-adjusted poverty level and below 1.85x the household-size-adjusted poverty level are already eligible for reduced-price breakfast. This bill would allow those qualifying for reduced-price meals to receive breakfast at the expense of taxpayers — some of whom may be just over the limit and who would now be forced to subsidize the children of other families.
Thursday, March 15, 2018 · House · 30 positions
- Anti-libertyCACR 19relating to right to govern. Providing that the people of the state may enact local laws that protect health, safety and welfare.
Why
This constitutional amendment provides carte blanche for local governments to infringe upon the rights of citizens.
* We believe that government is most accountable and accessible when it is most local. Local control is generally preferable to state or national mandates. We do believe that there is a higher principle, however: the principle of individual liberty. Indeed, the most "local" governance of all is the governance of an individual over his or her own life and property. This constitutional amendment violates this principle and is a backdoor whose express purpose is to enable prohibitions on liberty.
* Although it might appear that allowing local control would be liberty-enhancing, it would in fact create the opposite situation. In nearly all cases, passing additional laws restricts individuals' liberties, not enhances them. This constitutional amendment would allow local municipalities to pass nearly any law they wanted, further infringing on individuals' liberties. As it stands, local municipalities in NH are only allowed to make laws about things that the state explicitly authorizes. In this sense, the state actually serves to protect individuals from encroachment by local municipalities.
* As one example, NH currently has no restrictions on individuals' ownership of particular knives. Municipalities may not pass additional restrictions. Under this constitutional amendment, municipalities would be able to restrict individuals' freedoms by passing local knife laws. - Anti-libertyHB 1201relative to an employee's earned but unused vacation time.
Why
This bill requires an employer to pay its employees for unused vacation time.
* Vacation policy is a private agreement between employer and employee and should not be mandated by the state.
- Anti-libertyHB 1214prohibiting the sale of certain furniture with flame retardant chemicals.
Why
This bill bans the sale and distribution of new upholstered furniture for residential purposes that has been treated with flame retardant chemicals while still allowing their use in public facilities including schools.
* This bill enacts a broad ban against treatment of furniture with all current and future chemicals that offer flame retardant properties. This is a legislative overreaction to incomplete science on a specific subset of chemicals by preemptively banning all future uses of treatments with flame retardant properties.
* Proponents of the legislation express concern over limited science which suggests potential health impacts of certain legacy flame retardants to firefighters and children while still allowing children to be exposed to the treatments while in schools.
* The public already has an increasing number of options available for purchasing flammable furniture, including options at NH retailers such as Ethan Allen (<a href=https://www.ethanallen.com/en_US/faqs.html>https://www.ethanallen.com/en_US/faqs.html</a>).
* While ITL is the appropriate vote, IS is acceptable. - Anti-libertyHB 1222relative to inquiries concerning salary history by prospective employers.
Why
This bill limits free speech of individuals by placing an explicit restriction on their ability to ask certain questions during the candidate screening and interview process.
* This bill prevents employers from asking prospective candidates for their current salary prior to making an offer of employment. This can result in wasting the time and resources of the business and the candidate by allowing a lengthy interview process to proceed when the candidate's salary requirements are significantly disconnected from potential salary.
* The explicit limitation in speech infringes upon the Bill of Rights in the NH Constitution: "[Art.] 22. [Free Speech; Liberty of the Press.] Free speech and liberty of the press are essential to the security of freedom in a state: They ought, therefore, to be inviolably preserved." - Anti-libertyHB 1246relative to the minimum hourly rate for tipped employees.
Why
This bill would raise the minimum wage for tipped employees.
* Employees should be able to work for any agreeable pay, not be constrained by laws.
- Anti-libertyHB 1259relative to passenger restraints.
Why
This bill mandates the use of seatbelts.
* This bill is paternalistic in that it forces adults to wear seatbelts when traveling in motor vehicles.
* Since this bill allows for the violation as a primary enforcement, it increases the potential for contact between law enforcement and citizens, increasing the risk of adverse interactions that otherwise would be avoided. - Anti-libertyHB 1275relative to the placement of minors at the Sununu Youth Drug Treatment Center.
Why
This bill mandates treatment and/or forced placement of a minor at the Sununu Youth services center in cases where there is an assertion that a youth was revived with Narcan administered by a first responder.
* While it is admirable to want to provide assistance to those who are ready for it, mandated placement of minors into a secure treatment facility with others who may have significant substance abuse issues may be counterproductive both to the youth who is being placed as well as to those already receiving treatments.
* A review of available data performed by Yale Review of Law and Social Action titled Involuntary Treatment of Drug Addiction found: "Whatever the terminology used and whatever the means by which coercion is applied, compulsory treatment of addicts is void of benefits and counterproductive of the goals which form the rationale for depriving people of their liberty." (<a href=https://goo.gl/mWfLFz>https://goo.gl/mWfLFz</a>). - Pro-libertyHB 1279allowing additional charges under a lease to be included in a demand for rent.
Why
This bill allows for additional charges, such as late fees and utility costs, to be included in the demand notice.
* Tenants who fall behind in their rent may have a contractual obligation to pay late fees. Under current law the notice of demand may only ask for the late rent.
* Tenants with financial difficulties may have utility service disconnected, or change over to the landlord's account, possibly causing damages.
* If a landlord includes any charge other than the rent in the demand, it will be rejected by the court, requiring further and duplicate actions.
* A notice of demand for rent is not a notice of eviction. - Pro-libertyHB 1295relative to persons held in civil contempt.
Why
This bill, as amended, prevents a person from having to sell their principal residence or sole motor vehicle to satisfy a finding of civil contempt.
* Incarceration for civil contempt presumes that the debtor has the ability pay the debt. Imprisoning an individual for a debt that they do not have the ability to pay is debtors' prison — an archaic and counter-productive practice.
* Failure to ensure that the person who is being imprisoned for civil contempt has the ability to pay amounts to a failure of due process and maladministration of justice. - Pro-libertyHB 1313relative to prohibitions on carrying a loaded firearm on an OHRV or snowmobile.
Why
This bill repeals the prohibitions on carrying a loaded pistol or revolver on an OHRV or a snowmobile.
* This bill is largely a housekeeping bill to align remaining sections of NH law with the constitutional carry provisions enacted in 2017.
* New Hampshire voters affirmed our inherent right to self-defense in 1982 with the adoption of Article 2-a. of the NH Constitution: All persons have the right to keep and bear arms in defense of themselves, their families, their property and the state.
* Under current law, OHRV or snowmobile drivers may be forced to leave weapons unattended in their vehicles or unload them under less-than-ideal conditions prior to engaging in recreation. - Pro-libertyHB 1347relative to information to be included in the minutes under the right-to-know law.
Why
This bill clarifies details needed in meeting minutes.
* Setting out the minimum requirements for meeting minutes will assist clerks in consistently keeping the minutes.
* Good minutes can save taxpayers dollars in unnecessary legal costs resulting from disputes that are caused by the lack of essential details in minutes. - Pro-libertyHB 1373relative to an individual's property right in his or her DNA.
Why
This bill, as amended, recognizes that people have a privacy right in their DNA and genetic information.
* Personal "biometric" data (e.g. DNA, retina/iris scans, etc) should not be involuntarily captured or used.
* At least half of US states have some form of DNA privacy law (<a href=http://www.ncsl.org/research/health/genetic-privacy-laws.aspx>http://www.ncsl.org/research/health/genetic-privacy-laws.aspx</a>). - Anti-libertyHB 1393relative to compensation for vacation time and personal time earned.
Why
This bill requires employers to pay terminated employees for vacation time and personal time.
* This bill imposes the will of the state on private employment contracts.
- Anti-libertyHB 1422-FN-Arelative to the applicability of certain business tax rate changes.
Why
This bill sets an automatic trigger for cancelling existing planned tax reductions.
* Our ability to attract new businesses and retain existing businesses is vital to the health of our economy. Low unemployment benefits everyone.
* High business tax rates impede New Hampshire's ability to attract and retain businesses.
* When profits are not heavily taxed they can be re-invested to hire more staff, used to create more robust R&D, or invested in capital equipment. - Anti-libertyHB 1432requiring certain schools to establish nondiscrimination and employee background check policies.
Why
This bill imposes new mandates on private schools.
* This bill seeks to impose redundant requirements on private schools that they must already satisfy via federal laws regarding nondiscrimination and background checks.
* The proposed requirements also go beyond those applied to public schools; as an example, district schools do not perform background checks on all volunteers.
* Further, the bill seeks to apply these requirements to schools that accept students using tax-credit programs; however, these programs do not use public funds and are sourced via private donations from individuals and businesses. This is an intrusion in the operation of private organizations and businesses which is a dangerous precedent. - Pro-libertyHB 1442relative to driver education.
Why
This bill authorizes an optional waiver of the driver education requirement if a parent provides equivalent classroom instruction and behind-the-wheel training.
* Parents and guardians are capable of providing driving instruction and determining when a teen is ready to take the driver's test and drive.
* This bill does not remove the existing requirement for teen drivers to complete a minimum of 40 hours of practice driving under the supervision of a licensed adult.
* At least 5 states do not require formal driver education. - Pro-libertyHB 1443relative to a jury's determination as to the applicability of a 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 right 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 1462-FNrelative to health and dental benefits under the workers' compensation law.
Why
This bill adds new mandates on New Hampshire businesses.
* Health insurance is a benefit provided at the discretion of the employer. This bill would mandate that if an employer provides health and dental insurance, that the insurance be extended throughout a period of up to 24 months while an employee is out on workers' compensation.
- Pro-libertyHB 1485relative to security deposits.
Why
* This bill reduces the impact of state-level interference in private contracts by allowing up to two months' rent to be collected for a security deposit.
* Allowing two months' security deposit may enable a person who otherwise would not be qualified to rent an apartment due to poor credit to negotiate with the landlord to offer additional security deposit to offset the risk of prior defaults and failure to pay.
* Over-regulation of rentals reduces the number of investors willing to enter the rental business, and raises rental rates.
* Testimony in committee offered: "only 9 states in the US restrict security deposits to just one month's rent". - Pro-libertyHB 1507-FNrelative to state inspection of new motor vehicles.
Why
This bill provides that new motor vehicles need not be inspected during the three years following the manufacturer's model year.
* 33 states, including states with much harsher winters than NH (e.g. Michigan, Wisconsin, North Dakota, and Minnesota), do not require any periodic safety inspections. Another 6 states require only biennial inspections. This common sense change to eliminate inspections on new vehicles would save residents time and money without any measurable added risk.
* A comprehensive study by Brigham Young University concluded "This finding strongly suggests that vehicle safety inspection programs are no longer necessary, and are simply a form of residual government oversight." (<a href=https://goo.gl/D9rxE7>https://goo.gl/D9rxE7</a>) - Pro-libertyHB 1579-FNrequiring records to be kept for certain exempt convenings under the right-to-know law.
Why
This bill requires a minimal set of records be kept for two categories of non-meetings: collective bargaining and consultation with legal counsel.
* When a quorum of a public body meets without notice, concerned citizens may be alarmed. Release of minimal records aids transparency and eases unjustified concerns.
- Anti-libertyHB 1609establishing a local option for an additional surcharge on occupancy under the meals and rooms tax.
Why
This bill allows towns and cities to adopt an additional surcharge under the meals and rooms tax on hotel occupancy.
* Though the initial local option tax in this bill is small, it provides another avenue for taxation which will inevitably grow over time.
- Anti-libertyHB 1610requiring sellers of real property to disclose certain information concerning environmental hazards.
Why
This bill interferes in private commerce by creating new mandates for sellers of real property.
* This bill requires sellers of real property to provide notice to buyers of environmentally hazardous sites within one mile of the property, and to disclose water test results if a source of MTBE or perfluorinated chemicals is identified within one mile of the property.
* This is a burdensome and unrealistic requirement. - Anti-libertyHB 1632relative to the labeling of bottled water.
Why
This bill requires bottled water to be tested for the presence of certain chemicals and labeled with certain results of such tests.
* New labeling requirements would place an undue burden on retailers, wholesalers, and producers throughout the state and region.
* If there is a widespread public outcry for such labeling, companies (both producers and retailers) will ultimately lead the charge to satisfy customer demand. - Pro-libertyHB 1672-FNprohibiting release of certain information relative to users of therapeutic cannabis to federal agencies.
Why
This bill prohibits the release of any information related to therapeutic cannabis to federal agencies without a warrant based on probable cause.
* Federal agencies consider cannabis use to be a crime. The state of New Hampshire has a duty to protect its citizens from overreaching federal agents.
- Pro-libertyHB 1678-FNreducing the penalty for certain first offense drug possession charges.
Why
This bill reduces the penalty for certain first offense drug possession charges from a felony to either a felony or a misdemeanor.
* Allowing for flexibility of charges for victimless crimes reduces the negative impact of the failed war on drugs.
- Anti-libertyHB 1694requiring a civics examination as a high school graduation requirement.
Why
This bill requires high school students to pass a citizenship test either similar to or identical to the U.S. citizenship exam.
* Regardless of the subject matter or intent, the legislature should not be involved in telling school districts what should be required for graduation or taught in the schools.
- Anti-libertyHB 1716-FNestablishing apprenticeship programs for unemployed workers.
Why
This bill funnels unemployment compensation training funds to union apprenticeship programs for trades selected by the state.
* This bill creates a government jobs program with a $12 minimum wage, and creates additional bureaucracy to administer the program.
* While government-sponsored jobs training programs are effective at spending taxpayer money, there is little evidence that they have any lasting impacts. Taxpayers have been funding jobs programs since the 1960s, yet federal auditors can find little evidence that they are effective: Government Accountability Office, "Multiple Employment and Training Programs," GAO-11-92, January 2011, p. 11 (<a href=https://www.gao.gov/new.items/d1192.pdf>www.gao.gov/new.items/d1192.pdf</a>). - Pro-libertyHB 1788-FN-LOCALrelative to costs charged under the right-to-know law.
Why
This bill, as amended, sets a maximum rate of 10 cents per page for copies made under the Right-to-Know Law.
* This bill clarifies existing wording in RSA 91-A:4, IV which previously stated that the person may be charged "the actual cost of" providing the copy. The existing wording is unclear and may result in widely varying costs per page.
- Pro-libertyHB 1818-FNrelative to penalties for certain occupational licensing violations.
Why
This bill decriminalizes working.
* This bill reduces the penalties for violations of the statutes or rules regulating various occupations from misdemeanors to violations.
* Vote NAY IS and support OTP.
Thursday, March 15, 2018 · Senate · 5 positions
- Pro-libertySB 404-FN-Aphasing out the tax on interest and dividends.
Why
This bill phases out the interest and dividends tax over a 5-year period and repeals the tax on January 1, 2024.
* This bill eliminates the New Hampshire tax on interest and dividend income by reducing the tax rate each year until the tax is eliminated in 2024.
* Taxes on interest and dividends tend to discourage investment and savings, penalizing economic activity that would otherwise spur economic growth and improve productivity. - Anti-libertySB 461relative to continuing education for real estate brokers and salespersons.
Why
This bill increases the requirements for continuing education for license renewals of real estate brokers and salespersons.
* Although the training mandated by this bill may be useful and is supported by professional organizations, such mandates would be better handled by the professional organizations themselves requiring standards that their members must meet to continue membership.
- Anti-libertySB 526-FNrelative to school food and nutrition programs.
Why
This bill spends taxpayer dollars to pay for full-cost meals for students who are already eligible for reduced-cost meals.
* Under federal guidelines students from families above 1.35x the household-size-adjusted poverty level and below 1.85x the household-size-adjusted poverty level are already eligible for reduced-price breakfast. This bill would allow those qualifying for reduced-price meals to receive breakfast at the expense of taxpayers — some of whom may be just over the limit and who would now be forced to subsidize the children of other families.
- Anti-libertySB 543-FNrelative to health care premium payments for certain retired state workers.
Why
This bill burdens New Hampshire taxpayers with additional cost for certain retired state workers.
* This bill changes premium contribution requirements for retired state employees and/or spouses who are eligible for Medicare Parts A and B due to age or disability, and are therefore eligible for retiree coverage under the State Health Benefit Plan (HBP). Premium contributions would no longer be required until employees hired on or after September 1, 2009 begin to retire.
- Pro-libertySB 593-FNrelative to the penalty for capital murder.
Why
This bill changes the penalty for capital murder to life imprisonment without the possibility for parole.
* 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 death penalty as it exists in New Hampshire is necessary for neither of these purposes.
• As shown in the fiscal note, long-term incarceration costs NH taxpayers less than the death penalty.
Wednesday, March 14, 2018 · Senate · 7 positions
- Pro-libertyHB 287establishing a committee to study decriminalizing sex work.
Why
This bill establishes a committee to study issues related to changing prostitution laws in New Hampshire.
* This bill establishes a committee that will study the potential costs and benefits of partial or full decriminalization of prostitution.
* As is generally the case, prohibition drives these activities underground, where dangers are higher for participants. Sex workers who report crimes to law enforcement face arrest, violence, and assault. While this bill will not change these facts directly, it may contribute to legislation that reduces the harm of our current laws.
* Many recent studies have concluded that decriminalization is necessary to reduce the harms associated with sex work. Major organizations, including the World Health Organization, The Lancet medical journal, Amnesty International, the UN Commission on on HIV and the Law, and the Joint United Nations Programme on HIV/AIDS, now support decriminalization (<a href=http://goo.gl/7yPoH0>http://goo.gl/7yPoH0</a>, <a href=https://goo.gl/4sMQTN>https://goo.gl/4sMQTN</a>, <a href=https://goo.gl/DNVry2>https://goo.gl/DNVry2</a>, <a href=https://goo.gl/2FHw8V>https://goo.gl/2FHw8V</a>, <a href=https://goo.gl/DEZzB1>https://goo.gl/DEZzB1</a>, <a href=https://goo.gl/Qq2Wmv>https://goo.gl/Qq2Wmv</a>). - Pro-libertySB 318amending the prohibitions on youth employment.
Why
This bill relaxes state interference in youth employment, leaving more decisions to individuals and families.
* This bill repeals certain provisions of the youth employment law governing the employment of youths 16 and 17 years of age — including but not limited to a repeal of RSA 276-A:5 - relative to youth employment certificates, RSA 276-A:13 - relative to youth night work, and RSA 276-A:22 - relative to evidence of violations of youth employment in certain jobs. This allows families and employers to better align work schedules and durations with the unique needs of teens.
- Pro-libertySB 388relative to satellite dispensaries for therapeutic cannabis.
Why
This bill modestly improves patient access to medicine.
* This bill authorizes the Dept. of Health and Human Services to establish a second dispensary location for therapeutic cannabis in the geographic area that includes Carroll, Coos, and Grafton counties. Under current law NH residents in many areas of the state have to travel great distances, in some cases as long as 3-4 hours round trip, to pick up legal medication.
- Anti-libertySB 463-FNestablishing an architectural paint can recycling program.
Why
This bill establishes a paint recycling program that requires producers of paint sold at retail in New Hampshire to create a program for collecting, transporting, recycling, processing, and disposing of post-consumer paint.
* The Dept. of Environmental Services does not have the resources to manage and review the audits the proposed program requires.
* This bill will not only increase paint prices in NH, it will also increase taxes to cover the costs of managing the program.
* Smaller paint companies will not be able to afford the cost of this program, and will be forced out of NH, leaving customers fewer options for paint.
* Consumers would be charged a fee during purchase, forcing users who use all of their paint to subsize inefficient users of paint. - Anti-libertySB 475relative to testing for Lyme disease.
Why
This bill compels health care providers to provide medical advice that is deemed appropriate by the state.
* The state should not be in the position of mandating specific medical advice and compelling speech.
- Pro-libertySB 499relative to the applicability of certain DWI prohibitions.
Why
This bill clarifies the definition of "drive or attempt to drive" in DWI prohibitions.
* As amended, this bill would exclude safe activity such as sleeping/resting or sheltering in place in a legal parking zone from being considered an attempt to drive. This common sense definition reduces the risk of facing a DWI charge for activity that poses no threat to the public.
* Arresting people who do the right thing by not driving while intoxicated does not make the roads any safer. This bill clarifies that sleeping in a vehicle or being outside of a vehicle is not considered driving and should not be arrestable under the driving while intoxicated statute. - Anti-libertySB 540-FNrelative to funding full day kindergarten.
Why
This bill expands state spending to fund full-day kindergarten.
* Communities that choose to offer half-day kindergarten should not be forced to subsidize those that choose to offer full-day kindergarten. Both the decision, and the funding, should be local.
Thursday, March 8, 2018 · Senate · 1 position
- Anti-libertySB 431relative to non-academic surveys required to be filed by school districts to maintain federal funding.
Why
This bill dramatically erodes parental influence in a child's participation in non-academic surveys.
* Prior to SB 43, which passed in Feb. 2017, schools would routinely require students to complete non-academic surveys and questionnaires to assess their attitudes, values, decision making, and behaviors without the consent of parents — this bill undermines the important parental rights protected by current law.
* Parents should be fully informed on non-academic surveys being given to their children and should have the ability to have their children not participate. This bill undermines that ability by eliminating the existing opt-out provision for any "locally approved grants, initiatives, or contracts" which is such a broad exclusion that it seeks to eliminate the participation of the parent in the non-academic aspects of their children's lives.
* This bill would decrease the classroom time spent on academic material by increasing the number of non-academic surveys the students need to complete.
Wednesday, March 7, 2018 · House · 35 positions
- Anti-libertyCACR 19relating to right to govern. Providing that the people of the state may enact local laws that protect health, safety and welfare.
Why
This constitutional amendment provides carte blanche for local governments to infringe upon the rights of citizens.
* We believe that government is most accountable and accessible when it is most local. Local control is generally preferable to state or national mandates. We do believe that there is a higher principle, however: the principle of individual liberty. Indeed, the most "local" governance of all is the governance of an individual over his or her own life and property. This constitutional amendment violates this principle and is a backdoor whose express purpose is to enable prohibitions on liberty.
* Although it might appear that allowing local control would be liberty-enhancing, it would in fact create the opposite situation. In nearly all cases, passing additional laws restricts individuals' liberties, not enhances them. This constitutional amendment would allow local municipalities to pass nearly any law they wanted, further infringing on individuals' liberties. As it stands, local municipalities in NH are only allowed to make laws about things that the state explicitly authorizes. In this sense, the state actually serves to protect individuals from encroachment by local municipalities.
* As one example, NH currently has no restrictions on individuals' ownership of particular knives. Municipalities may not pass additional restrictions. Under this constitutional amendment, municipalities would be able to restrict individuals' freedoms by passing local knife laws. - Anti-libertyHB 1201relative to an employee's earned but unused vacation time.
Why
This bill requires an employer to pay its employees for unused vacation time.
* Vacation policy is a private agreement between employer and employee and should not be mandated by the state.
- Anti-libertyHB 1214prohibiting the sale of certain furniture with flame retardant chemicals.
Why
This bill bans the sale and distribution of new upholstered furniture for residential purposes that has been treated with flame retardant chemicals while still allowing their use in public facilities including schools.
* This bill enacts a broad ban against treatment of furniture with all current and future chemicals that offer flame retardant properties. This is a legislative overreaction to incomplete science on a specific subset of chemicals by preemptively banning all future uses of treatments with flame retardant properties.
* Proponents of the legislation express concern over limited science which suggests potential health impacts of certain legacy flame retardants to firefighters and children while still allowing children to be exposed to the treatments while in schools.
* The public already has an increasing number of options available for purchasing flammable furniture, including options at NH retailers such as Ethan Allen (<a href=https://www.ethanallen.com/en_US/faqs.html>https://www.ethanallen.com/en_US/faqs.html</a>).
* While ITL is the appropriate vote, IS is acceptable. - Anti-libertyHB 1222relative to inquiries concerning salary history by prospective employers.
Why
This bill limits free speech of individuals by placing an explicit restriction on their ability to ask certain questions during the candidate screening and interview process.
* This bill prevents employers from asking prospective candidates for their current salary prior to making an offer of employment. This can result in wasting the time and resources of the business and the candidate by allowing a lengthy interview process to proceed when the candidate's salary requirements are significantly disconnected from potential salary.
* The explicit limitation in speech infringes upon the Bill of Rights in the NH Constitution: "[Art.] 22. [Free Speech; Liberty of the Press.] Free speech and liberty of the press are essential to the security of freedom in a state: They ought, therefore, to be inviolably preserved." - Anti-libertyHB 1246relative to the minimum hourly rate for tipped employees.
Why
This bill would raise the minimum wage for tipped employees.
* Employees should be able to work for any agreeable pay, not be constrained by laws.
- Anti-libertyHB 1259relative to passenger restraints.
Why
This bill mandates the use of seatbelts.
* This bill is paternalistic in that it forces adults to wear seatbelts when traveling in motor vehicles.
* Since this bill allows for the violation as a primary enforcement, it increases the potential for contact between law enforcement and citizens, increasing the risk of adverse interactions that otherwise would be avoided. - Anti-libertyHB 1275relative to the placement of minors at the Sununu Youth Drug Treatment Center.
Why
This bill mandates treatment and/or forced placement of a minor at the Sununu Youth services center in cases where there is an assertion that a youth was revived with Narcan administered by a first responder.
* While it is admirable to want to provide assistance to those who are ready for it, mandated placement of minors into a secure treatment facility with others who may have significant substance abuse issues may be counterproductive both to the youth who is being placed as well as to those already receiving treatments.
* A review of available data performed by Yale Review of Law and Social Action titled Involuntary Treatment of Drug Addiction found: "Whatever the terminology used and whatever the means by which coercion is applied, compulsory treatment of addicts is void of benefits and counterproductive of the goals which form the rationale for depriving people of their liberty." (<a href=https://goo.gl/mWfLFz>https://goo.gl/mWfLFz</a>). - Pro-libertyHB 1279allowing additional charges under a lease to be included in a demand for rent.
Why
This bill allows for additional charges, such as late fees and utility costs, to be included in the demand notice.
* Tenants who fall behind in their rent may have a contractual obligation to pay late fees. Under current law the notice of demand may only ask for the late rent.
* Tenants with financial difficulties may have utility service disconnected, or change over to the landlord's account, possibly causing damages.
* If a landlord includes any charge other than the rent in the demand, it will be rejected by the court, requiring further and duplicate actions.
* A notice of demand for rent is not a notice of eviction. - Pro-libertyHB 1295relative to persons held in civil contempt.
Why
This bill, as amended, prevents a person from having to sell their principal residence or sole motor vehicle to satisfy a finding of civil contempt.
* Incarceration for civil contempt presumes that the debtor has the ability pay the debt. Imprisoning an individual for a debt which they do not have the ability to pay is debtors' prison — an archaic and counter-productive practice.
* Failure to ensure that the person who is being imprisoned for civil contempt has the ability to pay amounts to a failure of due process and maladministration of justice. - Pro-libertyHB 1313relative to prohibitions on carrying a loaded firearm on an OHRV or snowmobile.
Why
This bill repeals the prohibitions on carrying a loaded pistol or revolver on an OHRV or a snowmobile.
* This bill is largely a housekeeping bill to align remaining sections of NH law with the constitutional carry provisions enacted in 2017.
* New Hampshire voters affirmed our inherent right to self-defense in 1982 with the adoption of Article 2-a. of the NH Constitution: All persons have the right to keep and bear arms in defense of themselves, their families, their property and the state.
* Under current law, OHRV or snowmobile drivers may be forced to leave weapons unattended in their vehicles or unload them under less-than-ideal conditions prior to engaging in recreation. - Pro-libertyHB 1323relative to employment of chief executive officers under the right-to-know law.
Why
This bill adds transparency to employment of top-level employees who report directly to elected officials.
* Current law allows discussions related to public employees to occur in non-public sessions, concealing employment decisions from the public.
* Whereas these chief executive officers only answer to elected officials, lack of transparency gives the public no information on which to judge the performance of the elected officials. - Pro-libertyHB 1344relative to collective bargaining under the right-to-know law.
Why
This bill moves negotiations with respect to collective bargaining from non-public to public meeting under the Right-to-Know Law.
* While strategy meetings need to be kept private for the sake of fruitful negotiations, the negotiations themselves should allow for full transparency.
- Pro-libertyHB 1347relative to information to be included in the minutes under the right-to-know law.
Why
This bill clarifies details needed in meeting minutes.
* Setting out the minimum requirements for meeting minutes will assist clerks in consistently keeping the minutes.
* Good minutes can save taxpayers dollars in unnecessary legal costs resulting from disputes that are caused by the lack of essential details in minutes. - Pro-libertyHB 1373relative to an individual's property right in his or her DNA.
Why
This bill, as amended, recognizes that people have a privacy right in their DNA and genetic information.
* Personal "biometric" data (e.g. DNA, retina/iris scans, etc) should not be involuntarily captured or used.
* At least half of US states have some form of DNA privacy law (<a href=http://www.ncsl.org/research/health/genetic-privacy-laws.aspx>http://www.ncsl.org/research/health/genetic-privacy-laws.aspx</a>). - Anti-libertyHB 1393relative to compensation for vacation time and personal time earned.
Why
This bill requires employers to pay terminated employees for vacation time and personal time.
* This bill imposes the will of the state on private employment contracts.
- Anti-libertyHB 1422-FN-Arelative to the applicability of certain business tax rate changes.
Why
This bill sets an automatic trigger for cancelling existing planned tax reductions.
* Our ability to attract new businesses and retain existing businesses is vital to the health of our economy. Low unemployment benefits everyone.
* High business tax rates impede New Hampshire's ability to attract and retain businesses.
* When profits are not heavily taxed they can be re-invested to hire more staff, used to create more robust R&D, or invested in capital equipment. - Anti-libertyHB 1432requiring certain schools to establish nondiscrimination and employee background check policies.
Why
This bill imposes new mandates on private schools.
* This bill seeks to impose redundant requirements on private schools that they must already satisfy via federal laws regarding nondiscrimination and background checks.
* The proposed requirements also go beyond those applied to public schools; as an example, district schools do not perform background checks on all volunteers.
* Further, the bill seeks to apply these requirements to schools that accept students using tax-credit programs; however, these programs do not use public funds and are sourced via private donations from individuals and businesses. This is an intrusion in the operation of private organizations and businesses which is a dangerous precedent. - Pro-libertyHB 1442relative to driver education.
Why
This bill authorizes an optional waiver of the driver education requirement if a parent provides equivalent classroom instruction and behind-the-wheel training.
* Parents and guardians are capable of providing driving instruction and determining when a teen is ready to take the driver's test and drive.
* This bill does not remove the existing requirement for teen drivers to complete a minimum of 40 hours of practice driving under the supervision of a licensed adult.
* At least 5 states do not require formal driver education. - Pro-libertyHB 1443relative to a jury's determination as to the applicability of a 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 right 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 1462-FNrelative to health and dental benefits under the workers' compensation law.
Why
This bill adds new mandates on New Hampshire businesses.
* Health insurance is a benefit provided at the discretion of the employer. This bill would mandate that if an employer provides health and dental insurance, that the insurance be extended throughout a period of up to 24 months while an employee is out on workers' compensation.
- Pro-libertyHB 1463relative to requirements for noise ordinances in towns.
Why
This bill helps to ensure equal treatment of residents by preventing subjective noise ordinances.
* This bill requires that noise ordinances specify a specific decibel level (which may vary by time of day) and a complaint to have been made in order for noise ordinances to be enforceable.
* This reduces the risk of bias (conscious or otherwise) playing a role in the enforcement of an ordinance. - Pro-libertyHB 1485relative to security deposits.
Why
* This bill reduces the impact of state-level interference in private contracts by allowing up to two months rent to be collected for a security deposit.
* Allowing two months security deposit may enable a person who otherwise would not be qualified to rent an apartment due to poor credit to negotiate with the landlord to offer additional security deposit to offset the risk of prior defaults and failure to pay.
* Over-regulation of rentals reduces the number of investors willing to enter the rental business, and raises rental rates.
* Testimony in committee offered: "only 9 states in the US restrict security deposits to just one month's rent". - Pro-libertyHB 1507-FNrelative to state inspection of new motor vehicles.
Why
This bill provides that new motor vehicles need not be inspected during the three years following the manufacturer's model year.
* 33 states, including states with much harsher winters than NH (e.g. Michigan, Wisconsin, North Dakota, and Minnesota), do not require any periodic safety inspections. Another 6 states require only biennial inspections. This common sense change to eliminate inspections on new vehicles would save residents time and money without any measurable added risk.
* A comprehensive study by Brigham Young University concluded "This finding strongly suggests that vehicle safety inspection programs are no longer necessary, and are simply a form of residual government oversight." (<a href=https://goo.gl/D9rxE7>https://goo.gl/D9rxE7</a>) - Pro-libertyHB 1579-FNrequiring records to be kept for certain exempt convenings under the right-to-know law.
Why
This bill requires a minimal set of records be kept for two categories of non-meetings: collective bargaining and consultation with legal counsel.
* When a quorum of a public body meets without notice, concerned citizens may be alarmed. Release of minimal records aids transparency and eases unjustified concerns.
- Anti-libertyHB 1609establishing a local option for an additional surcharge on occupancy under the meals and rooms tax.
Why
This bill allows towns and cities to adopt an additional surcharge under the meals and rooms tax on hotel occupancy.
* Though the initial local option tax in this bill is small, it provides another avenue for taxation which will inevitably grow over time.
- Anti-libertyHB 1610requiring sellers of real property to disclose certain information concerning environmental hazards.
Why
This bill interferes in private commerce by creating new mandates for sellers of real property.
* This bill requires sellers of real property to provide notice to buyers of environmentally hazardous sites within one mile of the property, and to disclose water test results if a source of MTBE or perfluorinated chemicals is identified within one mile of the property.
* This is a burdensome and unrealistic requirement. - Anti-libertyHB 1632relative to the labeling of bottled water.
Why
This bill requires bottled water to be tested for the presence of certain chemicals and labeled with certain results of such tests.
* New labeling requirements would place an undue burden on retailers, wholesalers, and producers throughout the state and region.
* If there is a widespread public outcry for such labeling, companies (both producers and retailers) will ultimately lead the charge to satisfy customer demand. - Pro-libertyHB 1672-FNprohibiting release of certain information relative to users of therapeutic cannabis to federal agencies.
Why
This bill prohibits the release of any information related to therapeutic cannabis to federal agencies without a warrant based on probable cause.
* Federal agencies consider cannabis use to be a crime. The state of New Hampshire has a duty to protect its citizens from overreaching federal agents.
- Pro-libertyHB 1678-FNreducing the penalty for certain first offense drug possession charges.
Why
This bill reduces the penalty for certain first offense drug possession charges from a felony to either a felony or a misdemeanor.
* Allowing for flexibility of charges for victimless crimes reduces the negative impact of the failed war on drugs.
- Pro-libertyHB 1685-FNestablishing a statutory commission for oversight over occupational regulation.
Why
This bill establishes an occupational regulation review commission to determine if regulatory boards utilize the least-restrictive regulation required to protect consumers from significant and substantiated harm.
* By raising barriers to entry, overly-expansive occupational licensing raises costs and decreases the quality of available services (<a href=https://www.ij.org/images/pdf_folder/economic_liberty/occupational_licensing/licensetowork.pdf>https://www.ij.org/images/pdf_folder/economic_liberty/occupational_licensing/licensetowork.pdf</a>).
* Occupational licensing of lower-income trades in particular discourages entrepreneurship, and unjustly eliminates opportunities to those who are most vulnerable and who do not have paid lobbyists speaking up for their rights and interests.
* 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, 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. - Anti-libertyHB 1694requiring a civics examination as a high school graduation requirement.
Why
This bill requires high school students to pass a citizenship test either similar to or identical to the U.S. citizenship exam.
* Regardless of the subject matter or intent, the legislature should not be involved in telling school districts what should be required for graduation or taught in the schools.
- Anti-libertyHB 1716-FNestablishing apprenticeship programs for unemployed workers.
Why
This bill funnels unemployment compensation training funds to union apprenticeship programs for trades selected by the state.
* This bill creates a government jobs program with a $12 minimum wage, and creates additional bureaucracy to administer the program.
* While government-sponsored jobs training programs are effective at spending taxpayer money, there is little evidence that they have any lasting impacts. Taxpayers have been funding jobs programs since the 1960s, yet federal auditors can find little evidence that they are effective: Government Accountability Office, "Multiple Employment and Training Programs," GAO-11-92, January 2011, p. 11 (<a href=https://www.gao.gov/new.items/d1192.pdf>www.gao.gov/new.items/d1192.pdf</a>). - Anti-libertyHB 1756-FN-Arelative to an additional allowance and a cost of living adjustment for retirees from the state retirement system.
Why
This bill increases spending to provide additional retirement benefits that were not part of the original benefit package.
* Retired state and municipal employees are receiving the benefits that were promised to them when they were employed. This bill increases retirement spending to provide additional non-promised benefits and forces current state taxpayers to fund the increase.
- Pro-libertyHB 1788-FN-LOCALrelative to costs charged under the right-to-know law.
Why
This bill, as amended, sets a maximum rate of 10 cents per page for copies made under the Right-to-Know Law.
* This bill clarifies existing wording in RSA 91-A:4, IV which previously stated that the person may be charged "the actual cost of" providing the copy. The existing wording is unclear and may result in widely varying costs per page.
- Pro-libertyHB 1818-FNrelative to penalties for certain occupational licensing violations.
Why
This bill decriminalizes working.
* This bill reduces the penalties for violations of the statutes or rules regulating various occupations from misdemeanors to violations.
* Vote NAY IS and support OTP.
Tuesday, March 6, 2018 · House · 33 positions
- Pro-libertyCACR 15relating to legal actions. Providing that taxpayers have standing to bring actions against the government.
Why
This constitutional amendment will provide standing to taxpayers to access the superior court.
* Under current law a taxpayer must show personal harm in order to have standing to bring suit. Under this amendment, taxpayers will have broader access to the courts and greater ability to ensure governmental accountability.
- Anti-libertyCACR 19relating to right to govern. Providing that the people of the state may enact local laws that protect health, safety and welfare.
Why
This constitutional amendment provides carte blanche for local governments to infringe upon the rights of citizens.
* We believe that government is most accountable and accessible when it is most local. Local control is generally preferable to state or national mandates. We do believe that there is a higher principle, however: the principle of individual liberty. Indeed, the most "local" governance of all is the governance of an individual over his or her own life and property. This constitutional amendment violates this principle and is a backdoor whose express purpose is to enable prohibitions on liberty.
* Although it might appear that allowing local control would be liberty-enhancing, it would in fact create the opposite situation. In nearly all cases, passing additional laws restricts individuals' liberties, not enhances them. This constitutional amendment would allow local municipalities to pass nearly any law they wanted, further infringing on individuals' liberties. As it stands, local municipalities in NH are only allowed to make laws about things that the state explicitly authorizes. In this sense, the state actually serves to protect individuals from encroachment by local municipalities.
* As one example, NH currently has no restrictions on individuals' ownership of particular knives. Municipalities may not pass additional restrictions. Under this constitutional amendment, municipalities would be able to restrict individuals' freedoms by passing local knife laws. - Anti-libertyHB 1201relative to an employee's earned but unused vacation time.
Why
This bill requires an employer to pay its employees for unused vacation time.
* Vacation policy is a private agreement between employer and employee and should not be mandated by the state.
- Anti-libertyHB 1222relative to inquiries concerning salary history by prospective employers.
Why
This bill limits free speech of individuals by placing an explicit restriction on their ability to ask certain questions during the candidate screening and interview process.
* This bill prevents employers from asking prospective candidates for their current salary prior to making an offer of employment. This can result in wasting the time and resources of the business and the candidate by allowing a lengthy interview process to proceed when the candidate's salary requirements are significantly disconnected from potential salary.
* The explicit limitation in speech infringes upon the Bill of Rights in the NH Constitution: "[Art.] 22. [Free Speech; Liberty of the Press.] Free speech and liberty of the press are essential to the security of freedom in a state: They ought, therefore, to be inviolably preserved." - Pro-libertyHB 1233preempting local regulation of seeds and fertilizer.
Why
This bill protects property rights.
* This bill prevents cities and towns from infringing upon the property rights of farmers and inhabitants with regard to distribution, growing, cultivation, and harvesting of plants, and prevents local regulation on the type of fertilizer used for agricultural purposes.
* It should be the right of the grower to decide what crops and fertilizer make the most sense for them to use in order to sustain their business and their property. - Pro-libertyHB 1239relative to nomination of political organizations.
Why
This bill allows qualified voters to sign more than one petition nominating political organizations.
* Voters should be free to support any and all political parties of their choosing.
* We could find no compelling arguments against making this simple change to the law.
* The underlying law quite obviously exists only to protect entrenched political power. - Anti-libertyHB 1246relative to the minimum hourly rate for tipped employees.
Why
This bill would raise the minimum wage for tipped employees.
* Employees should be able to work for any agreeable pay, not be constrained by laws.
- Anti-libertyHB 1259relative to passenger restraints.
Why
This bill mandates the use of seatbelts.
* This bill is paternalistic in that it forces adults to wear seatbelts when traveling in motor vehicles.
* Since this bill allows for the violation as a primary enforcement, it increases the potential for contact between law enforcement and citizens, increasing the risk of adverse interactions that otherwise would be avoided. - Pro-libertyHB 1270relative to the prohibition on the use of mobile electronic devices while driving.
Why
This bill allows the use of mobile electronic devices only while fully stopped at a traffic signal.
* This bill allows people the release valve of being able to use their cell phones (such as for navigation) while fully stopped at a traffic signal, where they are not endangering anyone. Without this option, people are more likely to attempt to use them at more dangerous times, such as while they're driving.
* Most of the testimony against this bill incorrectly focused on why use of cell phones is dangerous while driving. This bill, however, would only allow their use while at a traffic stop.
* Whether we like it or not, people currently are using phones while driving. This gives them the safe option to do so while they're still behind the wheel, but fully stopped. - Pro-libertyHB 1323relative to employment of chief executive officers under the right-to-know law.
Why
This bill adds transparency to employment of top-level employees who report directly to elected officials.
* Current law allows discussions related to public employees to occur in non-public sessions, concealing employment decisions from the public.
* Whereas these chief executive officers only answer to elected officials, lack of transparency gives the public no information on which to judge the performance of the elected officials. - Anti-libertyHB 1333relative to the criteria for teachers in charter schools.
Why
This bill increases state licensing requirements for charter school teachers.
* 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 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 make it more difficult to exercise 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 1344relative to collective bargaining under the right-to-know law.
Why
This bill moves negotiations with respect to collective bargaining from non-public to public meeting under the Right-to-Know Law.
* While strategy meetings need to be kept private for the sake of fruitful negotiations, the negotiations themselves should allow for full transparency.
- Anti-libertyHB 1350requiring headlight use when windshield wipers are in use.
Why
This bill would require headlight use if a driver is using their wipers.
* While this practice may be good for driver safety in some cases, it is better to encourage safe driving practices through education rather than through the police and court systems.
* This bill would allow police to pull over a vehicle that has its wipers on (resulting in clearer vision for them), but would not allow a car in the neighboring lane who had not turned on wipers to be pulled over. This creates an uneven and confusing situation for drivers and the police.
* Drivers have enough to be concerned about with staying safely in their lane, without having to worry about whether they're abiding by any number of arbitrary rules, which can actually cause them to be less safe. The state should not be in the business of trying to overmanage drivers. - Pro-libertyHB 1362authorizing individuals and certain businesses to purchase health insurance from out-of-state companies.
Why
This bill opens the door to more competition and more choice in health care.
• While there may be no companies currently interested in this model, we shouldn't ignore the possibility of a health care startup revolutionizing the industry and looking to do business in NH.
• Technology has transformed many industries, both local and global. This has allowed for more job opportunities, better customer service, and lower prices. The health care industry will follow this path and NH customers should be allowed the opportunity to buy healthcare from any insurer willing to sell it to them. - Pro-libertyHB 1367removing tetanus from the law requiring certain immunizations.
Why
This bill removes a state mandate for a vaccine against a non-communicable disease.
* Parents and doctors are in the best position to determine appropriate care for their children. Tetanus is a non-communicable disease.
- Pro-libertyHB 1419-FNrelative to biennial motorcycle inspections.
Why
This bill changes the vehicle inspection requirement for motorcycles from annual to biennial.
* The average rider puts 2,500 miles per year on a motorcycle; 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.
* Motorcycle enthusiasts who wish more frequent inspections can pay for more frequent inspections if they desire. - Pro-libertyHB 1443relative to a jury's determination as to the applicability of a 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 right 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 1448relative to the definition of "party" for election purposes.
Why
This bill provides more options for a political organization to gain party status.
* Political groups should not be shut out by unreasonable requirements that are set by other political groups.
* The majority makes a confusing argument when they state that "This bill would create arbitrary benchmarks...", but then go on to recite the current law, which is made up of arbitrary benchmarks.
* The bill doesn't make radical changes; the additional benchmarks follow the same pattern as those that already exist.
* This bill provides a more level playing field for minority groups and opinions. - Anti-libertyHB 1462-FNrelative to health and dental benefits under the workers' compensation law.
Why
This bill adds new mandates on New Hampshire businesses.
* Health insurance is a benefit provided at the discretion of the employer. This bill would mandate that if an employer provides health and dental insurance, that the insurance be extended throughout a period of up to 24 months while an employee is out on workers' compensation.
- Pro-libertyHB 1476permitting qualifying patients and designated caregivers to cultivate cannabis for therapeutic use.
Why
This bill allows qualifying medical cannabis patients and designated caregivers to cultivate a limited number of plants for therapeutic use.
* This bill decreases medical costs for patients by allowing them to grow their own medicine.
* People should not have to choose between fearing criminal prosecution and not having access to medicine.
* This bill gives patients better access to their medicine. Many patients do not live near the few dispensaries in the state, and will benefit from this bill. - Anti-libertyHB 1484relative to late fees and early payment discounts in manufactured housing parks.
Why
This bill, as amended, prohibits manufactured housing parks from charging a late fee for payments made within 7 days of the due date.
* The government should not be meddling in private contracts, especially when those contracts are providing a place to live for individuals with very few resources.
* Cities and towns begin applying interest/late fees immediately upon a tax payment being late — this bill holds private individuals to a different standard than the government. - Pro-libertyHB 1514-FNrelative to shelter-in-place orders.
Why
The bill prohibits detaining someone for merely attempting to leave an area, unless there is cause.
* The Supreme Court has ruled that the police have no duty to protect, therefore no one should be arrested for simply wanting to leave an area that is under lockdown for a potential threat (<a href=https://en.wikipedia.org/wiki/Town_of_Castle_Rock_v._Gonzales>en.wikipedia.org/wiki/Town_of_Castle_Rock_v._Gonzales</a>).
* Police are issuing shelter-in-place alerts more frequently and sometimes when no public threat is evident. A shelter-in-place is an unlawful detention, and should not be used to detain law-abiding individuals. A "papers please society" has no place in the free world.
* While shelter-in-place may be the appropriate course of action for many adverse events, allowing someone to be arrested for simply choosing a different course of action to ensure the safety of themselves and their family deprives individuals of the choice of determining the safest course of action. - Anti-libertyHB 1516establishing a commission to examine the feasibility of the New England states entering into a compact for a single payor health care program.
Why
This bill establishes a commission to examine the feasibility of limiting the freedom of healthcare providers and patients to contract.
* Although this bill only seeks to form a study commission, the expressed intent of the commission is to examine the feasibility of doing something that the state should not be doing — namely creating a single-payer healthcare system which would dramatically restrict freedom of choice for New Hampshire citizens.
* Vermont considered adopting a single-payer system in an attempt to achieve healthcare cost "savings". In December 2014, Governor Peter Shumlin announced that the effort would be abandoned owing to the cost. In 2011, the prediction was that their single-payer system would result in $590 million in savings in the first year, but with further analysis it became clear that wouldn't be the case. Green Mountain Care was slated to cost the state $4.3 billion in 2017 — almost doubling Vermont's total budget of $4.9 billion for fiscal year 2015. This would have required a payroll tax of 11.5% and a 9% tax on income. - Pro-libertyHB 1527relative to the authority of fish and game officers regarding arrest and search and seizure.
Why
This bill protects the rights of New Hampshire residents.
* This bill re-establishes the fourth amendment of the US Constitution Bill of Rights, and Part 1 Article 19 of the NH Constitution, for persons detained by a conservation officer.
* All law enforcement should be following the same laws, and a person's rights should not change based on which department is enforcing the laws.
* Conservation officers should not be expected to be the enforcement arm for all motor vehicle laws. They should focus on their area of expertise and continue to protect NH's wildlife. This bill will allow them to concentrate on what they do best. - Pro-libertyHB 1579-FNrequiring records to be kept for certain exempt convenings under the right-to-know law.
Why
This bill requires a minimal set of records be kept for two categories of non-meetings: collective bargaining and consultation with legal counsel.
* When a quorum of a public body meets without notice, concerned citizens may be alarmed. Release of minimal records aids transparency and eases unjustified concerns.
- Pro-libertyHB 1612relative to data security in schools.
Why
This bill requires school districts to have data security plans and policies. It also mandates certain provisions when schools contract with third parties.
* To the extent the government has access to anyone's personal information, it has the responsibility to safeguard such information.
* When contracting with third parties, the government should ensure that any data shared will be treated at least as securely by the third party as it is by the government agency itself. - Pro-libertyHB 1650removing education as required by law as a criterion for determining child neglect.
Why
This bill removes DCYF as the primary responder for education neglect and restores the local school board as the agency to respond.
* DCYF should be focused on cases of physical and sexual abuse and not on areas where they lack sufficient training.
* Current law already allows the local truant officer to investigate any education neglect cases. It is unnecessary for DCYF to get involved.
* Support OTP or OTP/A with minority amendment 2018-0783h. - Anti-libertyHB 1668relative to children's meals served by food service establishments.
Why
This bill restricts the type of beverage offered with a children's meal to choices such as milk, fruit juice, or water.
* The government should not be in the business of creating menus for adults or children. Menu offerings are the responsibility of the restaurant owner, and what a child eats is the responsibility of the parents.
* Government food recommendations may not be best for everyone. A person must learn what works best for them and their child.
* As an example, a parent might not want to keep soda in the house, but might like to occasionally take their child to have soda as a treat with their children's meal at a restaurant. This bill would prohibit that parent's choice.
* This bill, along with the meals and rooms tax, will encourage diners to eat in neighboring states. - Pro-libertyHB 1672-FNprohibiting release of certain information relative to users of therapeutic cannabis to federal agencies.
Why
This bill prohibits the release of any information related to therapeutic cannabis to federal agencies without a warrant based on probable cause.
* Federal agencies consider cannabis use to be a crime. The state of New Hampshire has a duty to protect its citizens from overreaching federal agents.
- Pro-libertyHB 1685-FNestablishing a statutory commission for oversight over occupational regulation.
Why
This bill establishes an occupational regulation review commission to determine if regulatory boards utilize the least-restrictive regulation required to protect consumers from significant and substantiated harm.
* By raising barriers to entry, overly-expansive occupational licensing raises costs and decreases the quality of available services (<a href=https://www.ij.org/images/pdf_folder/economic_liberty/occupational_licensing/licensetowork.pdf>https://www.ij.org/images/pdf_folder/economic_liberty/occupational_licensing/licensetowork.pdf</a>).
* Occupational licensing of lower-income trades in particular discourages entrepreneurship, and unjustly eliminates opportunities to those who are most vulnerable and who do not have paid lobbyists speaking up for their rights and interests.
* 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, 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. - Pro-libertyHB 1744authorizing a parent to exempt his or her child from participating in the statewide assessment program.
Why
This bill clarifies parental ability to have their child not participate in statewide
assessments, without fear of penalty.* 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.
* Nashua and Manchester school districts have opt-out policies without adversely affecting participation rates. - Anti-libertyHB 1756-FN-Arelative to an additional allowance and a cost of living adjustment for retirees from the state retirement system.
Why
This bill increases spending to provide additional retirement benefits that were not part of the original benefit package.
* Retired state and municipal employees are receiving the benefits that were promised to them when they were employed. This bill increases retirement spending to provide additional non-promised benefits and forces current state taxpayers to fund the increase.
- Pro-libertyHB 1788-FN-LOCALrelative to costs charged under the right-to-know law.
Why
This bill, as amended, sets a maximum rate of 10 cents per page for copies made under the Right-to-Know Law.
* This bill clarifies existing wording in RSA 91-A:4, IV which previously stated that the person may be charged "the actual cost of" providing the copy. The existing wording is unclear and may result in widely varying costs per page.
Thursday, February 22, 2018 · House · 18 positions
- Pro-libertyHB 1217amending the certification requirements for school nurses.
Why
This bill expands who may qualify for a job as a school nurse, provided they are a registered nurse.
* In 2016 the legislature added a requirement for all school nurses to be certified by the State Board of Education, which created issues in hiring school nurses.
* This bill removes the changes from HB 1193 that created this issue. - Pro-libertyHB 1227relative to an unattended idling vehicle on private property.
Why
This bill limits the existing restriction on idling an unattended vehicle so that it does not apply when the vehicle is on the owner's property.
* Existing law bans idling of unattended vehicles unless they are started via a remote car starter. This bill removes that restriction when the vehicle is on the property of the vehicle operator.
* Property owners should be able to determine how they would like to utilize their property. - Pro-libertyHB 1283prohibiting sobriety checkpoints.
Why
This bill prohibits a law enforcement agency from setting up roadblocks that stop drivers without probable cause.
* These roadblocks stop all drivers without probable cause under the pretext of encouraging sober driving, but they infringe upon the liberty of law-abiding drivers. There is no evidence that roadblocks are more effective than policing that focuses on erratic driving to establish probable cause for a stop.
* Sobriety checkpoints are conspicuous enough that even impaired drivers can identify the flashing lights far enough in advance to make a legal U-turn and avoid police interaction.
* Arrests for DWI generally make up less than half the arrests at these stops. - Pro-libertyHB 1288relative to petitions for annulment.
Why
This bill provides individuals with the ability to seek annulment of a criminal record more frequently than current law allows.
* Under current law, a person who petitioned for annulment of a criminal record, but was denied, must wait 3 years before trying again. During this time, they may have increased difficulty in getting a job, volunteering, or pursuing certain courses of study.
* This bill as amended reduces the time a person must wait to refile a petition to 1 year in cases where they were found not guilty or the charges were dismissed or not prosecuted. - Anti-libertyHB 1301-FNincluding the legislature as a public employer under the public employee labor relations act.
Why
This bill would make the legislature less able to be responsive to the will of the people.
* The legislative branch is a political body and the leadership of both chambers and all three political parties must have the option of having the people around them that support representing the positions of the voters who elected them.
- Anti-libertyHB 1360prohibiting the use of certain information to underwrite insurance coverage.
Why
This bill increases the regulatory burden on business.
* This bill would prevent insurance companies from utilizing data that may accurately represent claims risk when setting premiums.
* This bill significantly increases price controls in personal auto insurance. Auto insurers should be free to underwrite insurance policies according to the estimated risk posed by the insured. Politically manipulating insurance companies' prices will likely result in more people having to go to the residual market and/or higher premiums for everyone.
* This bill prohibits the usage of education level and occupation information when determining rates for casualty insurance. This may cause broad-based increases in insurance costs. - Pro-libertyHB 1367removing tetanus from the law requiring certain immunizations.
Why
This bill removes a state mandate for a vaccine against a non-communicable disease.
* Parents and doctors are in the best position to determine appropriate care for their children. Tetanus is a non-communicable disease.
- Pro-libertyHB 1416-FNrepealing the prohibition on bottle rockets.
Why
This bill would repeal the statute that prohibits the sale of bottle rockets
* The choice of whether to purchase, possess, and use bottle rockets should be a personal one — fireworks bans are paternalistic.
* Removing the ban will increase economic activity in New Hampshire. - Pro-libertyHB 1420-FNrelative to a criminal penalty for driving after certification as an habitual offender.
Why
This bill permits habitual offenders under motor vehicle laws to be charged either as a felony or misdemeanor — restoring the option for a misdemeanor charge that was inadvertently repealed in 2016.
* Under current law, the option for a misdemeanor charge was dropped, which then only allowed for a felony charge under RSA 262:23.
* A felony conviction can have significant long-term impacts on a person's life and is not an appropriate charge in cases where there is no victim. - Pro-libertyHB 1425-FNrelative to simple assault.
Why
This bill states that absent any harm or injury, a person who purposely or knowingly causes unprivileged physical contact is subject to a violation instead of a misdemeanor charge.
* Under current law, a person may be charged with misdemeanor assault simply because they laid their hand on someone's shoulder. This bill would require that such physical contact cause bodily injury to result in a misdemeanor — absent this, the contact would be considered a violation.
* This bill does not affect the domestic violence statute. - Pro-libertyHB 1467relative to the penalty for driving after revocation or suspension.
Why
This bill allows a judge flexibility with respect to sentencing for a victimless crime.
* Under current law, driving with a suspended license requires imprisonment for 7 consecutive 24-hour days and to have their license suspended for a year. As amended, this bill retains all penalties but allows the judge the option of having the time be served via non-consecutive days allowing for the option of serving time on weekends and potentially helping a person retain their job.
- Pro-libertyHB 1477-FNrelative to annulment of arrests or convictions for possession of 3/4 of an ounce of marijuana, or less.
Why
This bill establishes a procedure for annulment of arrests or convictions for activities which are no longer a crime in New Hampshire.
* This bill provides a process for those with criminal records for arrests or convictions for possession of 3/4 of an ounce or less of marijuana to have those convictions and arrests annulled. HB 640 signed in July 2017 reduced this offense to a violation punishable only by a fine.
- Pro-libertyHB 1542relative to carrying a pistol or revolver on university system and community college system property.
Why
This bill as amended would clarify that the university system and community college system cannot prohibit the lawful carry of firearms.
* "Gun free" zones only encourage greater lawlessness.
* A firearm will allow the victim in a crime the ability to respond in real time. A former University of Reno student, Amanda Collins, who had a carry license, was raped within sight of a police cruiser on school grounds, but could not defend herself (<a href=http://www.msnbc.com/msnbc/counterpoint-rape-survivor-argues-why-we-need-guns-campus>www.msnbc.com/msnbc/counterpoint-rape-survivor-argues-why-we-need-guns-campus</a>).
* Vote NAY ITL, and support the minority ammendment 2018-0044h which addresses technical concerns with the original bill. - Pro-libertyHB 1554-FNincreasing exemptions under the interest and dividends tax and decreasing the total amount of research and development credits against business taxes.
Why
This bill reduces the narrow Research and Development tax credit for a broader Interest and Dividend tax rate exemption.
* Eliminating the narrow R&D tax reduction to favor a broader I&D tax reduction follows the sound economic policy of "An economically efficient tax system has a sensible, broad tax base and a low tax rate."
* The I&D tax for individuals is not adjusted for inflation, and this bill provides this inflationary adjustment. - Pro-libertyHB 1673-FN-LOCALrelative to the interest charged on late and delinquent property tax payments.
Why
This bill reduces the interest charged on delinquent property tax payments.
* This bill bases interest and lien rates for delinquent property taxes on the same system the Department of Revenue Administration (DRA) has used since 1998 for taxes it collects. The rate is reset yearly, covers the cost of borrowing, and includes a healthy safety margin (current DRA rate is 6%).
* The existing interest rates of 12% and 18% were set as fixed rates in the 1980's when private lending rates were more than twice today's rates.
* Article 18 of the Constitution states that "...penalties ought to be proportional to the nature of the offense". If the offense is a payment deliquency that causes a town to borrow money at 2.5%, an 18% lien rate penalty is not proportional. - Pro-libertyHB 1676-FNrepealing the licensing requirement for open-air shows and repealing the laws related to the keeping of billiard tables.
Why
This bill makes small positive improvements to New Hampshire's burdensome licenses.
* This bill repeals the license requirements for showmen, ventriloquists, puppeteers, and other similar performers.
* In addition, this bill repeals license requirements for pool tables and bowling alleys.
* A penalty of felony ventriloquism has no place in a free society. - Pro-libertyHB 1709-FNrelative to physical force in defense of a person.
Why
This bill clarifies existing law that permits the use of physical force in defense of another person.
* Under the existing RSA 627:4, II(c), a person may use physical force in defense of another person when a perpetrator is committing or about to commit kidnapping or a forcible sex offense. This bill clarifies the existing law to indicate that defense of another person is also authorized in preventing someone from physically aiding or abetting another person who is committing these crimes.
* Vote NAY IS and YEA OTP. - Anti-libertyHB 1790-FN-Aestablishing a New Hampshire health access corporation.
Why
This bill establishes a state health care corporation.
* The majority of New Hampshire residents already have access to high quality health care through the remnants of the free market.
* Health care costs would be better reduced by eliminating state-imposed barriers to entry into the marketplace.
Thursday, February 22, 2018 · Senate · 6 positions
- Pro-libertySB 334-FNrelative to temporary licensure of allied health professionals from nearby states.
Why
This bill reduces the harm caused by NH's excessive occupational license laws.
* This bill requires state licensing boards to adopt rules to allow a temporary license or permit to be issued to a person who is currently licensed in the US for 120 days while the person has a pending application for licensure with the board.
- Pro-libertySB 404-FN-Aphasing out the tax on interest and dividends.
Why
This bill phases out the interest and dividends tax over a 5-year period and repeals the tax on January 1, 2024.
* This bill eliminates the New Hampshire tax on interest and dividend income by reducing the tax rate each year until the tax is eliminated in 2024.
* Taxes on interest and dividends tends to discourage investment and savings, penalizing economic activity that would otherwise spur economic growth and improve productivity. - Anti-libertySB 431relative to non-academic surveys required to be filed by school districts to maintain federal funding.
Why
This bill dramatically erodes parental influence in a child's participation in non-academic surveys.
* Prior to SB 43, which passed in Feb. 2017, schools would routinely require students to complete non-academic surveys and questionnaires to assess their attitudes, values, decision making, and behaviors without the consent of parents — this bill undermines the important parental rights protected by current law.
* Parents should be fully informed on non-academic surveys being given to their children and should have the ability to have their children not participate. This bill undermines that ability by eliminating the existing opt-out provision for any "locally approved grants, initiatives, or contracts" which is such a broad exclusion that it seeks to eliminate the participation of the parent in the non-academic aspects of their children's lives. - Pro-libertySB 516prohibiting the use of motorcycle-only roadside checkpoints.
Why
This bill prohibits the state or a political subdivision of the state from conducting motorcycle-only checkpoints for the purpose of enforcing the existing RSA relative to noise prevention.
* There is a demonstrated need for this legislation, as during the committee hearing testimony was given that the town of Portsmouth is said to have been pursuing motorcycle-only checkpoints.
* Roadside checkpoints which stop vehicles without probable cause are an infringement upon the right to be free from unreasonable searches of possessions. - Pro-libertySB 565-FNrelative to aircraft registration fees and airways tolls.
Why
This bill partially addresses New Hampshire's non-competitive aircraft registration fees.
* New Hampshire aircraft registration fees are currently significantly higher than surrounding states, which disincentivizes corporations from locating headquarters and certain operations in the state. While this bill does not fully address this imbalance, it is a positive step that reduces the risk of companies leaving the state for lower-cost states.
* Registration fees are an inappropriate way to impose a fee for state aviation costs as they disproportionately impact New Hampshire aircraft owners while the state aviation services are provided to both in-state and out-of-state aircraft owners who use state infrastructure. - Anti-libertySB 586-FN-A-Lrelative to casino gambling
Why
This bill creates government-granted monopoly privileges.
* Allowing two special interests to conduct gambling operations while prohibiting all others from competing is a clear example of regulatory capture and an unjust use of government power.
• This bill would violate article 83 of the NH Constitution, which states "Free and fair competition in the trades and industries is an inherent and essential right of the people and should be protected against all monopolies and conspiracies which tend to hinder or destroy it.".
• This bill dramatically increases the size and scope of government. Once large bureaucracies and moneyed interests are created, they are very difficult to roll back.
• The NHLA would support a bill to more broadly legalize gambling, or allow for the creation of many independent casinos.
Thursday, February 15, 2018 · House · 8 positions
- Pro-libertyHB 1328-FNrelative to motor vehicle inspections.
Why
This bill would reduce the burden on NH citizens by making motor vehicle inspections biennial.
* 33 states, including states with much harsher winters than NH (e.g. Michigan, Wisconsin, North Dakota, and Minnesota), do not require any periodic safety inspections. Another 6 states require only biennial inspections.
* According to the Department of Transportation, only 1.2% of accidents are caused by a problem with the vehicle itself, leading to loss of control. The same study found that in only 6.8% of accidents was vehicle condition a factor at all, of which almost all were cases of tire/wheel damage (e.g. vehicle runs over a nail). Most accidents are caused by driver error or negligence.
* Yearly inspections are a special hardship on those with older vehicles and lower incomes, who often need the vehicle in order to get to work. Vehicles often fail for causes that have no material impact on safety.
* A comprehensive study by Brigham Young University concluded "This finding strongly suggests that vehicle safety inspection programs are no longer necessary, and are simply a form of residual government oversight." (<a href=https://goo.gl/D9rxE7>https://goo.gl/D9rxE7</a>) - Pro-libertyHB 1557-FNrequiring meetings and sessions of committees of the house of representatives to be recorded and made available on the Internet.
Why
This bill requires live internet streaming and retention of all committees meetings of the NH house.
* The NH house has broad powers to impact the lives of NH citizens and as a result, the modest spending in this bill is justified to improve transparency.
* Concerns expressed over potential imperfections in audio quality are insufficient to justify the ITL as senate committee hearings area already recorded and while the sound is a times imperfect, the transparency provided is still invaluable to citizens. - Anti-libertyHB 1566prohibiting open carry of a firearm in certain public places.
Why
This bill prohibits the open carrying of a firearm in multiple places including private property where property owners are already free to determine their own policy.
* The language in this bill is so broad that it would prohibit a person from carrying or storing in their car a firearm in a number of places that they typically travel to during daily activities, including locations like retail drug stores, and most restaurants.
* Forcing citizens to store firearms in cars parked off site of these establishments could lead to a rise in firearm theft from vehicles.
* Possession crimes by their very nature make law-abiding citizens criminals where no actual crime has been committed. - Pro-libertyHB 1581relative to commencement of an administrative license suspension.
Why
This bill requires that a driver's license revocation or suspension resulting from a hearing commence no sooner than the day of the hearing at 11:59 PM.
* The current law interferes with the ability of the accused to attend the trial. The bill and the amendment ensure that the citizen has the right to be at the hearing and return home before loss of license.
- Pro-libertyHB 1628-FNrelative to number plates for motor vehicles.
Why
This bill removes the requirement for vehicle owners to install a state-mandated front license plate on passenger vehicles.
* Many vehicle types do not include mounting brackets for a front plate, which requires owners to damage/drill into the bumper to install a mount. The state should not require owners to damage their vehicles.
* 19 states in the US and 9 (of 13) Canadian jurisdictions do not require front license plates at all while another 7 states do not require them depending on certain circumstances. Vermont no longer requires an unique front plate as of 2012. Rear-plate-only vehicles are already on our roads.
* Support Floor Amendment 2018-0462h which removes the requirement for an E-Z Pass transponder from the bill. - Anti-libertyHB 1710-FN-Arelative to the provision allowing operators to retain a portion of meals and rooms taxes collected and the appropriation of meals and rooms tax revenues to school building aid.
Why
This bill effectively increases taxes on businesses that collect the meals and rooms tax by capping the amount that they can withhold to administer the collection of these taxes.
* This increases taxes on business and will likely result in higher prices as these costs are passed on to consumers.
- Pro-libertyHB 427allowing hobby distillation of liquors.
Why
This bill would remove state restrictions on hobby distillation of liquors leaving only federal law to infringe upon the rights of those who would seek to enjoy this hobby.
* While the majority is correct that this change would not affect federal law, there is no compelling reason for New Hampshire law to help uphold unwise federal laws.
* Home distilling has only federal restrictions in at least 8 US states including Massachusetts and Maine (<a href=https://www.hobbydistillersassociation.org/index.php/legalization/state-laws-by-state>https://www.hobbydistillersassociation.org/index.php/legalization/state-laws-by-state</a>). - Anti-libertySB 33relative to the definition of political advocacy organization.
Why
This bill defines a political advocacy organization so broadly as to potentially be interpreted as applying to individuals.
* This bill requires civic groups, news sources, and potentially individuals to register as political advocacy organizations, and disclose sources of income if they spend more than $5,000 in a year and mention by name any candidate during the 60 days prior to the election.
* The bill contains language that states: '"Political advocacy organization'' means any entity, including, but not limited to, an organization described in RSA 664:2, III'. This unbounded definition may have unintended consequences and may infringe upon the freedom of speech of individuals.
* While the appropriate vote is ITL, IS is acceptable.
Thursday, February 15, 2018 · Senate · 8 positions
- Pro-libertySB 316relative to the regulation of online auctions.
Why
This bill exempts auctions conducted over the Internet from the requirements of RSA 311-B.
* This bill gives NH residents an advantage over other states that attempt to regulate online auctions.
* 23 states do not require a license to buy or sell in an auction.
* NH does not have the resources to enforce the licensing requirement. This bill will help clarify when licensing is required. - Pro-libertySB 381deleting immunization/vaccination requirements for Hepatitis B.
Why
This bill declares that a parent or legal guardian shall not be required to have their child immunized against Hepatitis B or sexually transmitted diseases.
* Decisions about which diseases to vaccinate against and their timing should be left to parents and guardians to make in consultation with their selected health care provider — particularly for diseases that are not easily communicable in casual contact.
- Anti-libertySB 431relative to non-academic surveys required to be filed by school districts to maintain federal funding.
Why
This bill dramatically erodes parental influence in a child's participation in non-academic surveys.
* Prior to SB 43, which passed in Feb. 2017, schools would routinely require students to complete non-academic surveys and questionnaires to assess their attitudes, values, decision making, and behaviors without the consent of parents — this bill undermines the important parental rights protected by current law.
* Parents should be fully informed on non-academic surveys being given to their children and should have the ability to have their children not participate. This bill undermines that ability by eliminating the existing opt-out provision for any "locally approved grants, initiatives, or contracts" which is such a broad exclusion that it seeks to eliminate the participation of the parent in the non-academic aspects of their children's lives. - Anti-libertySB 509allowing municipalities to require income and expense information of business properties for tax appraisals.
Why
This bill mandates the disclosure of sensitive data from property owners in order to provide potentially misleading data in support of appraisals.
* Information collected could be used against a real estate investment business. This bill will encourage municipalities to raise taxes on efficient property owners.
* Accurate appraisals can be made without knowing the income/expense data for a property.
* This bill will penalize a property owner who decides to protect their privacy and not disclose income records, but does not penalize abuse of the collected information by government officials.
* This bill may result in higher rents if a municipality taxes on potential rent based on the income records. - Anti-libertySB 535-FNrelative to licensure for the practice of professional art therapy.
Why
This bill restricts competition and access to art therapy services by imposing arduous and excessive licensing requirements.
• Only 12 states currently license art therapy. Licensing often creates unintended consequences and in this case, restricts access to resources. As hiring a certified and licensed professional becomes more expensive, more individuals will seek substitutes to professional services or neglect to obtain services entirely in order to save money.
• The requirements of this bill are excessive, mandating thousands of hours of school and thousands of hours of additional experience, under specific conditions. It prohibits even those who are licensed therapists who have received training in art therapy and have years of experience, but hold a more generalized degree in psychotherapy, from serving as art therapists.
• Licensing is no replacement for references and reputation. Some licensed service providers are incompetent and many unlicensed service providers are highly competent. Licensing creates a false sense of security for consumers and reduces the overall quality of work provided by raising barriers to entry and reducing competition.
• Licensing makes it more difficult even for experienced, educated, and competent workers to start small businesses. We should be reducing the already significant regulatory load on small businesses, not increasing it. - Anti-libertySB 542-FNrelative to the use of funds in the revenue stabilization reserve account for public health emergencies.
Why
This bill allows the governor to use money in the revenue stabilization fund upon making a declaration that there is a public health emergency.
* The sponsor of the bill indicates that a primary (though not only) purpose of the bill is to allow the governor the power to access funds in the "rainy day" account for spending on items such as the opioid epidemic. The state has already allocated significant funds through the normal legislative process. These funds are intended to be used when there is a short-term funding shortfall that would be difficult to address in a economic downturn — not to spend additional money on failed approaches to the drug war.
- Anti-libertySB 545-FNincreasing the age for sales and possession of tobacco products.
Why
This bill bans the sale and possession of tobacco products by many adults in NH.
* This bill extends the current prohibition on tobacco products to adults between the ages of 18 and 21.
* While tobacco products are harmful, applying restrictions on their use to adults is paternalistic. - Anti-libertySB 554-FNrelative to the minimum hourly rate and employer-sponsored health benefits.
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 enabled by a free market; more jobs means more competition to hire all workers.
* Very few businesses pay minimum wage, almost all pay $10 or more per hour, and the marketplace has effectively raised the minimum wage already. This bill will raise the cost of living for all NH residents and will hurt low income families.
Thursday, February 8, 2018 · House · 19 positions
- Pro-libertyHB 1328-FNrelative to motor vehicle inspections.
Why
This bill would reduce the burden on NH citizens by making motor vehicle inspections biennial.
* 33 states, including states with much harsher winters than NH (e.g. Michigan, Wisconsin, North Dakota, and Minnesota), do not require any periodic safety inspections. Another 6 states require only biennial inspections.
* According to the Department of Transportation, only 1.2% of accidents are caused by a problem with the vehicle itself, leading to loss of control. The same study found that in only 6.8% of accidents was vehicle condition a factor at all, of which almost all were cases of tire/wheel damage (e.g. vehicle runs over a nail). Most accidents are caused by driver error or negligence.
* Yearly inspections are a special hardship on those with older vehicles and lower incomes, who often need the vehicle in order to get to work. Vehicles often fail for causes that have no material impact on safety.
* A comprehensive study by Brigham Young University concluded "This finding strongly suggests that vehicle safety inspection programs are no longer necessary, and are simply a form of residual government oversight." (<a href=https://goo.gl/D9rxE7>https://goo.gl/D9rxE7</a>) - Anti-libertyHB 1566prohibiting open carry of a firearm in certain public places.
Why
This bill prohibits the open carrying of a firearm in multiple places including private property where property owners are already free to determine their own policy.
* The language in this bill is so broad that it would prohibit a person from carrying or storing in their car a firearm in a number of places that they typically travel to during daily activities, including locations like retail drug stores, and most restaurants.
* Forcing citizens to store firearms in cars parked off site of these establishments could lead to a rise in firearm theft from vehicles.
* Possession crimes by their very nature make law-abiding citizens criminals where no actual crime has been committed. - Pro-libertyHB 1581relative to commencement of an administrative license suspension.
Why
This bill requires that a driver's license revocation or suspension resulting from a hearing commence no sooner than the day of the hearing at 11:59 PM.
* The current law interferes with the ability of the accused to attend the trial. The bill and the amendment ensure that the citizen has the right to be at the hearing and return home before loss of license.
- Pro-libertyHB 1628-FNrelative to number plates for motor vehicles.
Why
This bill removes the requirement for vehicle owners to install a state-mandated front license plate on passenger vehicles.
* Many vehicle types do not include mounting brackets for a front plate, which requires owners to damage/drill into the bumper to install a mount. The state should not require owners to damage their vehicles.
* 19 states in the US and 9 (of 13) Canadian jurisdictions do not require front license plates at all while another 7 states do not require them depending on certain circumstances. Vermont no longer requires an unique front plate as of 2012. Rear-plate-only vehicles are already on our roads.
* Support Floor Amendment 2018-0462h which removes the requirement for an E-Z Pass transponder from the bill. - Anti-libertyHB 1710-FN-Arelative to the provision allowing operators to retain a portion of meals and rooms taxes collected and the appropriation of meals and rooms tax revenues to school building aid.
Why
This bill effectively increases taxes on businesses that collect the meals and rooms tax by capping the amount that they can withhold to administer the collection of these taxes.
* This increases taxes on business and will likely result in higher prices as these costs are passed on to consumers.
- Pro-libertyHB 1749-FNrelative to the state's authority to prohibit or regulate firearms and relative to the selectmen's authority to manage town property.
Why
This bill would hold local officials accountable for violating state law.
* Vote NAY IS and then support OTP/A on floor amendment 2018-0408h which appeared in the house calendar.
* Current statutes prohibit local municipalities from creating their own firearm laws. Under this bill, elected officials who do so would face a civil fine for violating our liberties.
* This bill provides an enforcement mechanism for existing law that prevents local municipalities from implementing ordinances that would create a complex patchwork of restrictive firearms regulations across the state. The penalties in the amended version have been reduced from $5,000 to $500, being fair to all parties. - Anti-libertyHB 1771-FN-Arelative to hiring a state toxicologist and making an appropriation therefor.
Why
This bill creates a new position of State Toxicologist within the Department of Health and Human Services.
* The duties of this position are largely covered by existing state and federal agencies.
* Creating a new (and unfunded) position now increases the risk of budget failure in future years as the position would need to be funded in upcoming budgets. - Anti-libertyHB 1773-FN-Arelative to campaign contributions and expenditures.
Why
This bill increases state spending by creating a government-funded campaign finance system for Governor, Executive Councilor, and State Senator.
* Taxpayers should not be forced to pay for the campaign activities of any candidate, particularly those with whom they vigorously disagree.
- Anti-libertyHB 1783-FNrelative to newborn screening for Krabbe Leukodystrophy.
Why
This bill mandates screening all newborn children for a rare but serious recessive genetic disease.
* Universal mandates interfere in the doctor/patient relationship and increase healthcare costs. The decision about whether to perform these types of tests should be between the doctors and parents.
- Anti-libertyHB 1793-FN-Aestablishing a New Hampshire single payer health care system.
Why
This bill dramatically expands spending and control over the economy by establishing a single payer health care system administered by the state.
* This bill would result in a dramatic increase in state spending that would require broad-based tax increases.
* Vermont investigated the feasibility of a single payer health care system and ultimately rejected it as unaffordable. - Anti-libertyHB 1797-FN-Aadding a 50 percent charge to all amounts assessed to persons liable for costs of containment, cleanup, and remediation of water, air and soil pollution.
Why
This bill mandates additional penalties/fees for environmental cleanup activities.
* The penalty imposed by this bill is anti-business and counterproductive as it increases costs involved in accidents when there is public identification and cleanup. Existing penalties are sufficient to provide an incentive to reduce the risks of accidents, and restitution to directly impacted parties is a better solution than enriching the state's general fund.
- Anti-libertyHB 1817-FNestablishing the position of state demographer and a commission on demographic trends; requiring state agencies to prepare a 10-year current services budget; and requiring demographic impact notes on legislation.
Why
This bill creates a new position of State Demographer.
* Creating a new (and unfunded) position now increases the risk of budget failure in future years as the position would need to be funded in upcoming budgets.
- Pro-libertyHB 1822-FNmaking hormonal contraceptives available directly from pharmacists by means of a standing order.
Why
This bill modestly reforms regulation restricting patient access to contraceptives.
* This bill allows pharmacists to dispense hormonal contraceptives pursuant to a standing order entered into by health care providers.
* Under this bill, patients would still consult with a health care provider for initial hormonal contraceptive prescription and would remain free to consult with their providers if there is a change in their health needs. Studies indicate that women are able to accurately self-screen for contraindications for oral contraceptive use (<a href=https://www.ncbi.nlm.nih.gov/pmc/articles/PMC2615461/>www.ncbi.nlm.nih.gov/pmc/articles/PMC2615461</a>).
* Research indicates that even women who have access to oral contraceptives without prescription continue to receive preventive health screenings at a high rate (<a href=https://www.ncbi.nlm.nih.gov/pubmed/22520645/>www.ncbi.nlm.nih.gov/pubmed/22520645</a>). - Anti-libertyHB 413FN-A-Lrelative 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 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. - Pro-libertyHB 427allowing hobby distillation of liquors.
Why
This bill would remove state restrictions on hobby distillation of liquors leaving only federal law to infringe upon the rights of those who would seek to enjoy this hobby.
* While the majority is correct that this change would not affect federal law, there is no compelling reason for New Hampshire law to help uphold unwise federal laws.
* Home distilling has only federal restrictions in at least 8 US states including Massachusetts and Maine (<a href=https://www.hobbydistillersassociation.org/index.php/legalization/state-laws-by-state>https://www.hobbydistillersassociation.org/index.php/legalization/state-laws-by-state</a>). - Anti-libertyHB 628-FNrelative to a family and medical leave insurance program.
Why
This bill establishes a tax on income with dubious opt-out provisions.
* Employees can opt-in anytime, but can only opt-out when starting employment and the opt-out requires an onerous use of a notary.
* The minority amendment increases the tax rate by 33% before the program has even been adopted.
* Employees and employers should be free to negotiate benefit programs such as paid family and medical leave insurance without the state crowding out market solutions.
* Employees that do not opt-out are prohibited from opting out in the future unless they quit their job and work elsewhere.
* This bill adds more than 40 state employees, increasing the size of state government, and spends nearly $10 million over 4 years on salaries alone, before providing any benefits to citizens.
* <b>This bill will be weighted very heavily on the NHLA annual scorecard.</b> - Anti-libertyHB 636-FN(New Title) establishing a department of military and veterans services.
Why
This bill establishes a department of military and veterans services to coordinate and oversee the veterans benefits and services offered by organizations within the state of New Hampshire.
* There are multiple public and private organizations already available that provide assistance to veterans. There is not a demonstrated need for this department.
* The fiscal note estimates potential salary and benefit costs of between $107,000 and $118,000 annually for a new Commissioner of Veteran's Affairs. As is the case with most state departments, it is reasonable to assume that once the department is established, it will begin to lobby for additional resources.
* While the appropriate vote is ITL, IS is acceptable. - Anti-libertySB 205-FN-Aestablishing the small business jobs fund and tax credit.
Why
This bill forces existing businesses and taxpayers to subsidize the commercial 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.
* While the appropriate vote is ITL, IS is acceptable. - Anti-libertySB 33relative to the definition of political advocacy organization.
Why
This bill defines a political advocacy organization so broadly as to potentially be interpreted as applying to individuals.
* This bill requires civic groups, news sources, and potentially individuals to register as political advocacy organizations, and disclose sources of income if they spend more than $5,000 in a year and mention by name any candidate during the 60 days prior to the election.
* The bill contains language that states: '"Political advocacy organization'' means any entity, including, but not limited to, an organization described in RSA 664:2, III'. This unbounded definition may have unintended consequences and may infringe upon the freedom of speech of individuals.
* While the appropriate vote is ITL, IS is acceptable.
Thursday, February 1, 2018 · Senate · 3 positions
- Pro-libertyHB 549-FNrelative to beverage vendor fees.
Why
This bill as amended eliminates beverage vendor license fees.
* This bill eliminates beverage manufacturer vendor fees, which are a special class of fees applied to this industry but not others.
- Anti-libertySB 372-FN-Aestablishing positions in the office of professional licensure and certification and making an appropriation therefor.
Why
This bill permanently increases state spending to administer programs designed to limit a competitive free market for labor.
* The need for additional staff is due to New Hampshire's excessive use of occupational licenses.
* New Hampshire requires a license to perform 34 low-to-moderate income jobs — many of which are safely performed in other states without a license. According to the Institute for Justice, eleven of the occupations NH licenses are licensed by less than half of the other states. For example, NH is one of only five states that licenses shampooers. Laws requiring licensing of these kinds of occupations, which most other states are doing fine without licensing, are candidates for reform.
* We should look to reform and reduce existing professional licensing laws rather than expand an office that should be contracting. - Anti-libertySB 492-FNprohibiting bump stocks in New Hampshire.
Why
This bill prohibits the manufacture, sale, or possession of certain firearm accessories.
* The language describing "bump stocks" is so broad, the prohibitions would also include many replacement or upgrade parts used in modern firearms, including match grade triggers, higher quality bolt assemblies, better quality magazines, and stronger/weaker springs (depending on location).
* According to the National Shooting Sports Foundation, NH has the highest number of jobs per capita in the US for firearms and firearms component manufacturing (<a href=http://bit.ly/2DMjKju>http://bit.ly/2DMjKju</a>). Additional regulations on typical firearms components would negatively impact NH businesses.
* 3D printing and other broadly penetrated technologies render such legislation largely ineffective and negatively impacts law-abiding citizens.
* While ITL is the most appropriate motion for this bill, Interim Study is acceptable.
Thursday, January 18, 2018 · Senate · 2 positions
- Anti-libertySB 377-FNrelative to the regulation of dentists and dental hygienists by the board of dental examiners.
Why
This bill requires dental hygenist applicants to provide fingerprints and pay for an FBI background check.
* Background checks should be between the employer and the employee. Requiring background checks to get an application for licensure takes the responsibility away from private practices, and may prevent otherwise qualified applicants from getting a job.
- Pro-libertySB 384relative to written certification under the use of cannabis for therapeutic purposes law.
Why
This bill relaxes the rule requiring a 3-month relationship for a person in, or qualifying for, hospice care.
* While no person should have the legislature inserted in decisions between themselves and their doctors, the existing restriction of a 3-month provider-patient relationship is particularly abhorrent for patients in hospice care or near-term end-of-life situations.
Tuesday, January 9, 2018 · House · 9 positions
- Pro-libertyHB 287establishing a committee to study decriminalizing sex work.
Why
This bill establishes a committee to study issues related to changing prostitution laws in New Hampshire.
* This bill establishes a committee that will study the potential costs and benefits of partial or full decriminalization of prostitution.
* As is generally the case, prohibition drives these activities underground, where dangers are higher for participants. Sex workers who report crimes to law enforcement face arrest, violence, and assault. While this bill will not change these facts directly, it may contribute to legislation that reduces the harm of our current laws.
* Many recent studies have concluded that decriminalization is necessary to reduce the harms associated with sex work. Major organizations, including the World Health Organization, The Lancet medical journal, Amnesty International, the UN Commissionon on HIV and the Law, and the Joint United Nations Programme on HIV/AIDS, now support decriminalization. (<a href=http://goo.gl/7yPoH0>http://goo.gl/7yPoH0</a>, <a href=https://goo.gl/4sMQTN>https://goo.gl/4sMQTN</a>, <a href=https://goo.gl/DNVry2>https://goo.gl/DNVry2</a>, <a href=https://goo.gl/2FHw8V>https://goo.gl/2FHw8V</a>, <a href=https://goo.gl/DEZzB1>https://goo.gl/DEZzB1</a>, <a href=https://goo.gl/Qq2Wmv>https://goo.gl/Qq2Wmv</a>) - Pro-libertyHB 317prohibiting the public utilities commission from increasing the system benefits charge without legislative approval.
Why
Requires legislative approval for further increases to the system benefits charge.
* NH residents should not be subject to further increases to the systems benefits charge without approval of elected representatives.
- Anti-libertyHB 413-FN-A-Lrelative to payment by the state of a portion of retirement system contributions of political subdivision employers.
Why
This bill increases state spending by more than $40 million each year.
* This bill requires state taxpayers to fund a portion of the retirement system for city/town teachers, police, and fire department members. These costs are currently paid locally. While net government spending by the state and its political subdivisions under a static evaluation of the bill is neutral, funding is best managed locally to avoid increases in spending that naturally result when politicians are spending "other people's money".
- Anti-libertyHB 559-FNrelative to expenditures from the energy efficiency fund.
Why
By eliminating the existing rebate to residential ratepayers, this bill increases a stealthy tax on NH electricity consumers.
* This bill removes longstanding rebates to residential customers, while preserving rebates to commercial/industrial customers, raising rates on residential customers and effectively forcing them to subsidize commercial/industrial customers.
* Electric rates are already high in NH. Efficiency projects that are truly fiscally responsible can and will be funded by electricity consumers themselves. It is unfair to force all ratepayers to fund projects for specific consumers, whether private or governmental.
* Money raised through RGGI, originally slated to support energy efficiency programs, was instead misappropriated into the general fund in 2010. Rather than putting more money into the hands of government in order to pick winners and losers, the money should remain with the ratepayers where it belongs. - Pro-libertyHB 592-FNrepealing the regional greenhouse gas initiative.
Why
This bill as amended increases the rebate to electricity ratepayers from 80% to 100%, while preserving RGGI emissions limitations.
* The costs of RGGI, which is effectively a carbon tax, are ultimately borne by ratepayers. It therefore makes sense for ratepayers to be rebated the proceeds from sales of carbon allowances.
* By increasing the rebate from 80% to 100%, this bill provides relief to NH residents and businesses, who are already paying very high electricity rates.
* Reducing the effective electricity rate, as this bill does, will reduce overhead to NH businesses and help attract new business. - Anti-libertyHB 628-FNrelative to a family and medical leave insurance program.
Why
This bill forces all employees to contribute to paid family and medical leave, whether they want the program or not.
* Employees and employers should be free to negotiate benefit programs such as paid family and medical leave insurance without the state forcing all to participate.
- Pro-libertyHB 656-FN-A-LOCALrelative to the legalization and regulation of marijuana.
Why
This bill ends marijuana prohibition for adults 21 and older in New Hampshire.
* This bill allows limited personal possession and cultivation of marijuana and establishes a regulated market for marijuana production and sale.
• The minority committee report is in support of an amendment (#2017-2478h) that would only legalize cultivation and possession without regulating or taxing the market. Adults in Massachusetts, Maine, and five other states already enjoy the freedom to grow their own limited supply of cannabis without fear of state or local prosecution. 68% of Granite Staters support legalization.
• The House should overturn the ITL, adopt the amendment, and pass HB 656. - Anti-libertyHB 92revising the definition of the state building code and ratifying changes to the state building code adopted by the state building code review board.
Why
This bill adopts updated building codes (international code 2015 v.s. 2009) and expands the building code to incorporate swimming pool and spa code; adds hundreds of pages of new regulations.
* This bill increases the costs for building a new home in New Hampshire in order to comply with updated building code.
• Adopting these standards would implement an extensive list of burdensome new regulations, predominantly related to energy efficiency.
• As of July 2017, only 16 states have adopted the 2015 building code, and only 5 states have adopted the 2015 swimming pool and spa code.
• This legislation would add significant cost to taxpayers related to public infrastructure and in construction of private buildings. - Anti-libertySB 205-FN-Aestablishing the small business jobs fund and tax credit.
Why
This bill forces existing businesses 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 NHLA is not making a formal recommendation with regard to the committee's interim study recommendation. The NAY OTP recommendation is intended to convey our position should the vote on interim study fail.
* 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.
Wednesday, January 3, 2018 · House · 11 positions
- Pro-libertyHB 249relative to showing a ballot.
Why
This bill repeals the prohibition on "ballot selfies".
* There is no evidence to show that there is a problem in New Hampshire of citizens being coerced into showing their ballot. If someone attempts such a crime other statutes would be sufficient to prosecute.
* The statutory language in question has already been struck down in federal court. In that opinion, the court held that "Of course, many others may opt not to use this method to share how they voted for personal, professional, or normative reasons, but the First Amendment mandates that the editorial decision about whether and how to speak rests with the speaker, not the state".
* Vote NAY IS. YEA OTP. - Anti-libertyHB 366-FNrelative to the calculation of average final compensation under the retirement system for certain members.
Why
This bill increases pensions for people working overtime or getting raises shortly before retiring; increases costs to everyone else.
* Current law appropriately limits incentive by government employees to "pad" or "spike" overtime in order to maximise pension payouts. Removing this important limitation would further incentivize government employees to seek additional overtime immediately prior to retirement in order to maximize payouts, ultimately harming taxpayers.
* The fiscal note, even as significant as it is, may underestimate the impact of this bill, as it would almost certainly affect the future behavior of government employees nearing retirement. - Anti-libertyHB 399relative to pesticide use and notification in places where children play.
Why
This bill effectively bans many uses of pesticides even in areas where no children play.
* This bill bans the use of lawn care, garden, and ornamental pesticide at schools, child day care agencies (including private homes), community playgrounds, and community athletic fields unless approved as a public health emergency by the county, city, or town board of health. As written, this ban would apply even to private residences that provide child care even in cases where the children are never allowed to play outside.
* Private property owners should be free to make choices about the appropriate means of controlling pests without having to request permission from the board of health. - Anti-libertyHB 413-FN-A-Lrelative to payment by the state of a portion of retirement system contributions of political subdivision employers.
Why
This bill increases state spending by more than $40 million each year.
* This bill requires state taxpayers to fund a portion of the retirement system for city/town teachers, police, and fire department members. These costs are currently paid locally. While net government spending by the state and its political subdivisions under a static evaluation of the bill is neutral, funding is best managed locally to avoid increases in spending that naturally result when politicians are spending "other people's money".
- Pro-libertyHB 596-FNrelative to review hearings in involuntary admission cases.
Why
This bill protects the rights of those involuntarily committed who lack the means to pay for a private psychiatric evaluation.
* Under current law, a person who is involuntarily committed may pay for an independent/private psychiatric evaluation; if the psychiatrist agrees they should be released, they are granted a hearing. This bill would allow for a person who has been involuntarily committed to petition for a hearing if at least two years have elapsed since the last hearing.
* While this bill may result in more frequent hearings with an accompanying cost to the state, such costs are appropriate to reduce the risk that someone is involuntarily held longer than required. - Anti-libertyHB 609-FN-Aestablishing a children's savings account program and making an appropriation therefor.
Why
This bill begins the process of mandating that NH taxpayers fund college education costs for others.
* This type of program can be accomplished by private charities, either in coordination with each other or individually. It is inappropriate to use taxation and the state bureaucracy to establish such a program.
* No restrictions are specified by the bill on the use of these funds. Will funds be available only for tuition? For any purpose at all? Can funds be withdrawn and spent by parents?
* Per the amended bill, in 195-J-9 I, student accounts are established in the "responsible individual's" name (generally the parent or guardian). This allows children with two parents to potentially double dip and create two accounts, - Anti-libertyHB 628-FNrelative to a family and medical leave insurance program.
Why
This bill forces all employees to contribute to paid family and medical leave, whether they want the program or not.
* Employees and employers should be free to negotiate benefit programs such as paid family and medical leave insurance without the state forcing all to participate.
- Pro-libertyHB 656-FN-A-Lrelative to the legalization and regulation of marijuana.
Why
This bill ends marijuana prohibition for adults 21 and older in New Hampshire.
* This bill allows limited personal possession and cultivation of marijuana and establishes a regulated market for marijuana production and sale.
* The minority committee report is in support of an amendment (#2017-2478h) that would only legalize cultivation and possession without regulating or taxing the market. Adults in Massachusetts, Maine, and five other states already enjoy the freedom to grow their own limited supply of cannabis without fear of state or local prosecution. 68% of Granite Staters support legalization.
* The House should overturn the ITL, adopt the amendment, and pass HB 656. - Anti-libertyHB 92revising the definition of the state building code and ratifying changes to the state building code adopted by the state building code review board.
Why
This bill adopts updated building codes (international code 2015 v.s. 2009) and expands the building code to incorporate swimming pool and spa code; adds hundreds of pages of new regulations.
* This bill increases the costs for building a new home in New Hampshire in order to comply with updated building code.
- Pro-libertySB 193-FNestablishing education freedom savings accounts for students.
Why
This bill allows lower income families additional choices in where their children are educated and what methods are used for instruction.
* The Education Freedom Savings Account will shift the locus of control from government bureaucrats to families — allowing parents additional options for their children based on their individual education needs using funds that the state had already dedicated for education on a per pupil basis.
* The current education system has failed to keep pace with the evolving improvements that are happening around the world. Shifting power from a government monopoly to families choosing in a market will spur innovation (e.g., online education, competency-based education, etc.). Having accountability rest directly on those who bear the consequences of a school's performance is superior to top-down regulatory accountability.
* This bill is constitutional. The "Blaine Amendment" prohibits the government from directly funding religious schools. This bill doesn't do that. Rather, it returns tax dollars directly to families who are empowered to choose a wide variety of schools and non-school educational options, with or without a religious affiliation.
* Although all families should have access to their tax dollars back, this bill allows lower-income families additional choices in where and how their children are educated. - 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 testing for lead in children.
* The new mandate for universal testing of all one and two year olds is a massive dictate on medical providers and parents. It is virtually unenforceable and an interference with the parent's right to direct a child's healthcare freedom.
* This bill creates a new state loan program to lend money to private property owners. This is not the proper role of government. There is no Fiscal Note to account for loan defaults, which would be in effect paid by taxpayers.
* While the majority blurb indicates "Finance determined that there are no additional costs to these tests as they are already included in all insurance policies" this fails to recognize economic reality. This bill will take a procedure that is currently used when medically appropriate and mandate its use universally. The increased costs will be passed through to consumers in the form of higher premiums.
* This new proposed blood testing level is 40% lower than the current CDC standard of 5 micrograms per deciliter: https://www.cdc.gov/nceh/lead/acclpp/blood_lead_levels.htm
Wednesday, January 3, 2018 · Senate · 8 positions
- Anti-libertyHB 121relative to the maximum optional fee for transportation improvements charged by municipalities when collecting motor vehicle registration fees.
Why
This bill increases the maximum optional transportation improvements fee that may be charged by municipalities when collecting motor vehicle registration fees.
* The proposed increase (100%) is nearly double the compounded rate of inflation since the initial fee was established.
* NH drivers are already over-taxed. Further taxing NH drivers will not solve the problem. Responsible budgeting is the best approach to funding transportation improvements. - 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.
* Vote NAY Interim Study - YEA OTP. - Anti-libertyHB 549-FNrelative to beverage vendor fees.
Why
This bill increases maximum annual fees for beverage manufacturers by more than 7x.
* Currently, the maximum annual fee for a beverage vendor is $1,920 per year. This bill increases the maximum annual fee to $15,000. While this is offset slightly with lower fees for small manufacturers, the step increases in this bill are significant and represent a barrier to growth for manufacturers.
- Anti-libertySB 112establishing a council on the creative economy.
Why
This bill creates a permanent council designed to identify opportunities to spend state and federal dollars to promote the creative economy.
* Creative economy is a term coined by John Howkins in 2001 to describe economic systems where value is based on novel imaginative qualities rather than the traditional resources of land, labor, and capital. While economic interaction in this space is exciting, the last thing that creativity needs is the state to define it, fund it, and regulate it.
* Government interference in the creative economy partially deprives it of a price mechanism where the prices of goods and services are impacted by the price elasticity of demand. The state is poor at predicting future trends and will tend to suppress creativity by starving it of resources and labor in order to meet the demands of the central planners. - Pro-libertySB 154making oral contraceptives available without a prescription.
Why
This bill would allow anyone over 18 years of age to purchase oral contraceptives without a prescription.
* Limitations on access to medications are paternalistic. Studies indicate that women are able to accurately self-screen for contraindications for oral contraceptive use (<a href=https://www.ncbi.nlm.nih.gov/pmc/articles/PMC2615461/>www.ncbi.nlm.nih.gov/pmc/articles/PMC2615461</a>).
* Research indicates that women who have access to oral contraceptives without prescription continue to receive preventive health screenings at a high rate (<a href=https://www.ncbi.nlm.nih.gov/pubmed/22520645/>www.ncbi.nlm.nih.gov/pubmed/22520645</a>).
* Vote NAY Interim Study - YEA OTP. - Anti-libertySB 189-FNrequiring insurance policies to cover 3-D mammography.
Why
This bill impacts NH residents' access to affordable health insurance.
* This bill is unnecessary as the NH insurance department has already taken the position that the Affordable Care Act mandates that policies cover the procedures in the bill (<a href=https://www.nh.gov/insurance/media/pr/2016/documents/060616_2.pdf>www.nh.gov/insurance/media/pr/2016/documents/060616_2.pdf</a>).
* Hyper-regulation of the insurance market has already dramatically limited health insurance choices in NH. Anthem and AMBetter insurance already have indicated that their policies cover 3D mammography.
* Coverage mandates prevent consumers from making choices about the level of coverage that they can afford and may result in families choosing no insurance instead of insurance that would meet 99% of their potential needs. - Pro-libertySB 87-FNrelative to on-premises sales by liquor manufacturers.
Why
This bill authorizes a liquor manufacturer to sell its product directly to customers at its separate licensed location without having to purchase the product from the liquor commission.
* This is a modest improvement in the freedom of commerce for liquor manufacturers in that it allows manufacturers to sell products they produce directly to the consumer without first having to cycle the product through the liquor commission.
* The state should not interfere in private commerce between manufacturers and customers. - Anti-libertySB 91relative to the title loan default process.
Why
This bill interferes in private contracts and provides a financial incentive for borrowers to default on title loans.
* As amended, this bill prevents a lender from allowing interest to accrue on title loans 60 days after the borrower has been declared in default, unless the borrower cures such default. An unintended consequence of this is that it may increase the costs of title loans for borrowers who repay loans in a timely manner (to allow lenders to recoup the lost interest that previously could potentially be recouped from selling the asset securing the loan).
* Borrowers who get into trouble with title loans will now have a financial incentive to allow default and repossession to continue rather than attempt to cure the loan as interest accrual will cease at 60 days if they remain in default but will resume if the borrower attempts to cure the default.