2019 Gold Standard | NH Liberty Alliance

Wednesday, September 18, 2019 · Joint session · 24 positions

Anti-libertyHB 1making appropriations for the expenses of certain departments of the state for fiscal years ending June 30, 2020 and June 30, 2021.NAY Override
Why
This bill makes appropriations in excess of current tax sources and significantly increases spending.
* This budget dramatically increases New Hampshire spending going beyond the excessive levels requested by the governor.
* The level of spending proposed will require new taxes that will forever alter the fiscal landscape of New Hampshire.
* This budget applies one-time surplus funds as recurring spending increases, which dramatically increases the risk of needing future tax increases.
* This budget increases government taxation and spending at a rate of almost $1000/person for this biennium.
Anti-libertyHB 109requiring background checks for commercial firearms sales.NAY Override
Why
This bill adds a new definition for commercial firearms sales that would result in a transfer being considered a commercial sale even if no money or item of value is exchanged but the transfer is initiated after the firearm was displayed.
* This bill poorly defines "commercial sale" such that friends and family who happen to innocently plan their next hunting trip while at a gun show could find themselves unknowingly committing a misdemeanor if they swap guns while on that trip.
* The bill will criminalize lawful firearms transactions between friends, family, neighbors, and members of the same shooting club by redefining these isolated events as "commercial sales".
* The newly-mandated background checks are effectively a 'poll tax' on a constitutionally-protected right.
* This bill is unnecessary as private transfer of pistols and revolvers is already regulated under RSA 159:8, III and RSA 159:10 without the unintended consequences added by this bill.
Anti-libertyHB 198(New Title) clarifying the prohibition against the use of mobile electronic devices while driving.NAY Override
Why
This bill mandates license suspension for second offenses of the prohibition against using mobile electronic devices while driving.
* Handheld phone bans cause some drivers to hide their phone use by placing the phone in their lap and taking their eyes off the road, which is far more dangerous. Increasing the penalties will only incentivize them even further to try to hide usage.
* Studies show that bans on use of handheld devices while driving have had no effect on accident rates (e.g. NE Burger, DT Kaffine, B Yu Transportation research part A: policy and practice 66, 162-172, and IIHS Status Report, Vol. 45, No. 2).
Anti-libertyHB 2relative to state fees, funds, revenues, and expenditures.NAY Override
Why
This bill includes a tax on earned income, and sets the state up for future expansion of taxes on income.
* The Committee of Conference report leaves intact a retroactive BET/BPT tax increase on small businesses, something that impacts 133,000 ( >50% of the work force) small businesses in the state: <a href=https://www.sba.gov/sites/default/files/advocacy/2018-Small-Business-Profiles-NH_0.pdf>www.sba.gov/sites/default/files/advocacy/2018-Small-Business-Profiles-NH_0.pdf</a>
* This bill imposes new regulations and taxes on "Electronic cigarettes", making it more expensive for people to switch off of traditional tobacco products.
* It creates a 20% additional fee for Real ID compliant drivers licenses, disenfranchising those of low income who would choose this form of ID to travel by air.
* Along with HB 1, this bill spends all but $5 million of the $166 million left over after the 2018-2019 biennium. Worse yet, much of this spending is inappropriately allocated to ongoing expenses rather than one-time items.
* This bill raises business taxes $125 million over current law, and $35 million over the House budget. This is about an 8% increase in business taxes at a time when such revenues are already way up.
* Rather than pump up taxes and spending as though these good times will never stop, it would be much more prudent to take last year's excess and pay down some of the state's debts and unfunded pension liabilities. When times are good and school enrollments are down, government should be declining, not increasing.
Anti-libertyHB 211relative to inquiries by prospective employers concerning salary history.NAY Override
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 or salary history prior to making an offer of employment with a salary. 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 recent salary and expectations are significantly disconnected from the available budget.
* 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 293relative to employee credit privacy.NAY Override
Why
This bill prohibits employers from using credit history in employment decisions.
* Employers are already required to get consent of an applicant before acquiring a credit report by federal law. This is not an invasion of privacy if consent is given (<a href=https://www.consumer.ftc.gov/articles/pdf-0096-fair-credit-reporting-act.pdf>www.consumer.ftc.gov/articles/pdf-0096-fair-credit-reporting-act.pdf</a>).
* Employers only get a modified variation of credit history. They do not see a credit score. An employer pulling this info has no effect on credit score (<a href=https://www.businessinsider.com/employers-cannot-check-your-credit-score-2014-5>www.businessinsider.com/employers-cannot-check-your-credit-score-2014-5</a>).
* Employers are already required to notify an applicant of failing to hire due to credit history. This provides the applicant the chance to review the credit history for incorrect information.
Pro-libertyHB 364(New Title) permitting qualifying patients and designated caregivers to cultivate cannabis for therapeutic use and permitting qualifying patients and designated caregivers to donate excess cannabis to other qualifying patients.YEA Override
Why
This bill allows qualifying medical cannabis patients 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 365relative to net energy metering limits for customer generators.NAY Override
Why
This bill would increase costs for New Hampshire ratepayers.
* This bill subsidizes businesses and municipalities that choose to operate large scale energy generation facilities by increasing the subsidized net metering cap from the current 1 megawatt limit up to 5 megawatts.
* The recipients of these subsidies will get millions more at the expense of others without providing any substantial benefits to the grid, as the energy from these systems is often intermittent and unreliable.
* Large subsidies for renewables no longer make sense as studies claim that solar energy is cheaper than fossil fuels. If this is true, then operators of these facilities already have a significant competitive advantage and would not require subsidy to be profitable.
* This bill has essentially no impact on individual homeowner use of net metering as the existing threshold of 1 megawatt is already approximately 100 times larger (as compared to a 10 kilowatt system) than what a typical homeowner is capable of generating via rooftop solar (<a href=https://www.solarreviews.com/blog/10kw-solar-systems-are-becoming-very-popular-here-is-why>www.solarreviews.com/blog/10kw-solar-systems-are-becoming-very-popular-here-is-why</a>).
Anti-libertyHB 514imposing a waiting period between the purchase and delivery of a firearm.NAY Override
Why
This bill establishes a waiting period for the delivery of a firearm.
* This bill bans individuals, including those who already have firearms and women who have reason to fear an attacker, from purchasing a firearm without first waiting a minimum of 3 calendar days, not including weekends and legal holidays.
* Waiting periods make it more difficult for law-abiding citizens to defend themselves and as a result, encourage criminal activity.
* There is no statistical evidence that a waiting period for handgun purchases reduces violence (<a href=https://www.politifact.com/wisconsin/statements/2015/apr/27/van-wanggaard/no-evidence-waiting-period-handgun-purchases-reduc/>www.politifact.com/wisconsin/statements/2015/apr/27/van-wanggaard/no-evidence-waiting-period-handgun-purchases-reduc/</a>).
* The bill requires licensed firearms dealers to make their business records available for inspection by any law enforcement agency; in addition, there is no warrant requirement, violating the right to privacy under the New Hampshire Constitution Part 1, Article 2-b.
Anti-libertyHB 564(New Title) relative to possession of firearms on school property.NAY Override
Why
This bill creates unarmed victim zones in and around schools.
* This bill would ban law-abiding adults from carrying a firearm into an area designated as a so-called "safe school zone" and would deny a mother who walks to pick up her child at school a tool to protect herself and her children.
* Studies have shown no correlation between the enactment of gun-free zones and improved safety (<a href=https://www.rand.org/research/gun-policy/analysis/gun-free-zones.html>www.rand.org/research/gun-policy/analysis/gun-free-zones.html</a>).
* This bill criminalizes the mere possession of a physical item.
* The bill requires a public hearing with the local school board before a person can get permission to protect themselves or their families.
Anti-libertyHB 582relative to the regional greenhouse gas initiative cap and trade program for controlling carbon dioxide emissions.NAY Override
Why
This bill increases costs for New Hampshire residential ratepayers.
* 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 New Hampshire. 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.
* 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.
Anti-libertyHB 664relative to vehicle repair standards.NAY Override
Why
This bill requires an insurer to reimburse an automobile repairer for all repairs if the repairer follows the original equipment manufacturer's recommended collision repair procedures.
* This bill will increase premiums for automobile insurance in New Hampshire by mandating reimbursement from insurance companies for all such recommendations made by original equipment manufacturers (OEM) that a repair shop intends to follow.
* This bill is mandating that OEM recommendations now be required repairs. There are differences between OEM recommendations versus requirements. Recommendations are not held to any standard and mostly include general indemnifying language. Required procedures are things that should or must be undertaken to ensure proper safety standards.
* This bill is classic crony capitalism that will provide an economic incentive for a repairer to complete steps that they do not believe to be necessary but that they know nevertheless they will be compensated for, without an obvious direct expense to their customer.
Anti-libertyHB 696establishing a protective order for vulnerable adults.NAY Override
Why
This bill allows a person to be deprived of their property without a hearing when a peace officer has probable cause to believe a vulnerable adult has been neglected.
* This bill allows a vulnerable adult or guardian of a vulnerable adult to seek a protective order for neglect, which is defined by new section 173-D:2 VIII as "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".
* This bill compels peace officers to seize weapons from a defendant without a trial in cases when the weapon is 'involved' in the neglect per the proposed 173-D:11 I(a). This is a needlessly vague standard that is subject to confusion and abuse and violates due process.
* Hearings under this bill are made in a proceeding where the normal rules of evidence need not apply as 173-D:4 V, as proposed, includes "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."
Anti-libertySB 1relative to family and medical leave.NAY Override
Why
This bill creates a new tax on employee wages of at least 0.5% to implement a new family medical leave program.
* 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.
* The commissioner of the Department of Employment Security will be empowered to raise the tax rate or lower the benefits, up to 10%, without legislative approval.
* There is a cap on benefits at 85% of the average weekly NH salary, so workers who make over the average salary will be paying for benefits that they cannot collect and are disproportionately impacted by the legislation.
* The current short-term disability insurance market will be negatively impacted by government interference in the insurance marketplace.
* Long term, the fiscal note for the program estimates that the state of NH will need 43+ additional employees and $6.6 million per year that would need to be subsidized by the participants.
Anti-libertySB 10(Second New Title) relative to the state minimum hourly rate.NAY Override
Why
This bill establishes a state-dictated minimum wage.
* Minimum wage laws decrease the number of entry-level jobs and make it harder for people of low skill to get their start in the workforce.
* Higher wages for everyone are better accomplished through job creation — more jobs mean more competition to hire all workers.
* Employers and employees should be free to negotiate the terms of employment without interference.
* Economic conditions and cost of living vary dramatically across the state. A "one-size-fits-all" approach to a minimum wage will put unreasonable pressure on areas of the state with limited employment opportunities and lower costs of living.
* The very idea of a minimum wage is patronizing and demeaning as it implies that individuals don't know how much they're worth and are incapable of negotiating with an employer.
Anti-libertySB 100relative to discrimination in employment based on criminal background checks.NAY Override
Why
This bill limits the speech of individuals by prohibiting employers from asking questions about prior criminal convictions on an employment application or conducting a criminal record check of an applicant prior to the initial interview unless the government has mandated such check.
* The state should not be interfering in or dictating businesses' hiring practices nor prohibiting speech.
* The state should work to reduce the number of victimless crimes in order to reduce the number of people who are negatively impacted by their prior involvement in the criminal justice system.
Pro-libertySB 145relative to the organization of alternative treatment centers.YEA Override
Why
This bill removes the requirement that medical cannabis alternative treatment centers only be organized as not-for-profit entities allowing the option of these entities to operate for-profit.
* This bill reduces restriction on trade and therefore reduces the impacts of state interference in the marketplace.
* Profit represents the creation of wealth from mutually-beneficial transactions. The opportunity to create wealth promotes investment and employment.
Anti-libertySB 168relative to class 2 obligations under the electric renewable portfolio standards.NAY Override
Why
This bill increases state interference in the energy marketplace.
* This bill may increase energy costs in the state by at least $30 million per year by 2025 by mandating increases in class 2 energy. Solar energy adoption in New Hampshire is already increasing without this new state mandate.
Anti-libertySB 196relative to non-academic surveys administered by a public school to its students.NAY Override
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 explicit 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 would undermine that ability by requiring an opt-out rather than explicit parental consent to participate in these non-academic surveys.
* Active consent, as required in current law, is consistent with the federal Protection of Pupil Rights Amendment (PPRA) and carves out an exception for the Youth Risk Behavior Survey created by the CDC, allowing passive consent.
Anti-libertySB 2relative to funding for job training programs in the department of business and economic affairs.NAY Override
Why
This bill increases the administrative fee on unemployment compensation and spends money on government-directed job training programs.
* While government-sponsored job 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>).
* The state should not have a role in determining the training that businesses will require.
Anti-libertySB 20relative to notification requirements for employees, workplace inspections, and the youth employment law.NAY Override
Why
This bill replaces the judgment of the family with that of the state in determining the hours that a teen may work.
* This bill limits the number of hours a teen may work in a week to 40.25 if the teen is enrolled in school and there is even a single session day in that week.
* Teens work for many reasons including, at times, the need to help support the family. The new restrictions may force a student to make the choice to drop out of school entirely in order to earn money rather than stay in school and develop time management skills.
Anti-libertySB 205(New Title) relative to energy efficiency programs funded from the systems benefits charge and the duties and members of the energy efficiency and sustainable energy board.NAY Override
Why
This bill enables the system benefits charge to be increased without legislative approval in certain cases.
* This bill contains a hidden tax on utility ratepayers by authorizing increases in the system benefits charge.
* These new taxes are earmarked for workforce development programs that support energy auditors and weatherization contractors and to enable low-income ratepayers to go into debt by mandating that the state develop relationships with big banks and other lending institutions to provide low-income financing of energy efficiency measures.
Anti-libertySB 271relative to requiring prevailing wages on state-funded public works projects.NAY Override
Why
This bill mandates federally-determined prevailing minimum wages on state-funded public works projects.
* This bill would impose significant additional recordkeeping and weekly reporting requirements for contractors supporting state projects. These increased overhead costs, which are not directly represented by the fiscal note, would ultimately be borne as additional costs to the taxpayer.
* The bill mirrors similar federal legislation (Davis Bacon Act) which was passed with the deliberate intent to prevent non-unionized, less established, minority laborers from competing with established, unionized, white workers during the depression. While times have changed and the intent of this bill may be somewhat different, the effect will still be to dramatically increase the risk and/or cost of employing workers with potential for growth but with lower demonstrated skill level.
* Small firms may not have the personnel to absorb compliance overhead costs. This bill would have the effect of biasing state contracts toward larger/established firms.
Pro-libertySB 88relative to registry identification cards under the use of cannabis for therapeutic purposes law.YEA Override
Why
This bill removes the artificial time frame for a patient-provider relationship prior to a healthcare provider being authorized to provide certifying documentation of a qualifying medical condition for therapeutic use of cannabis.
* The state should not be inserting itself in the patient-provider relationship.
* Existing restrictions may have unintended consequences resulting in prescription of less-appropriate and potentially habit-forming pharmaceuticals.

28 bills with no position.

Read the full Gold Standard

Thursday, June 27, 2019 · Joint session · 9 positions

Anti-libertyHB 1making appropriations for the expenses of certain departments of the state for fiscal years ending June 30, 2020 and June 30, 2021.NAY CofC
Why
This bill makes appropriations in excess of current tax sources and significantly increases spending.
* This budget dramatically increases New Hampshire spending going beyond the excessive levels requested by the governor.
* The level of spending proposed will require new taxes that will forever alter the fiscal landscape of New Hampshire.
* This budget applies one-time surplus funds as recurring spending increases, which dramatically increases the risk of needing future tax increases.
* This budget increases government taxation and spending at a rate of almost $1000/person for this biennium.
Anti-libertyHB 2relative to state fees, funds, revenues, and expenditures.NAY CofC
Why
This bill includes a tax on earned income, and sets the state up for future expansion of taxes on income.
* The Committee of Conference report leaves intact a retroactive BET/BPT tax increase on small businesses, something that impacts 133,000 ( >50% of the work force) small businesses in the state: <a href=https://www.sba.gov/sites/default/files/advocacy/2018-Small-Business-Profiles-NH_0.pdf>www.sba.gov/sites/default/files/advocacy/2018-Small-Business-Profiles-NH_0.pdf</a>
* This bill imposes new regulations and taxes on "Electronic cigarettes", making it more expensive for people to switch off of traditional tobacco products.
* It creates a 20% additional fee for Real ID compliant drivers licenses, disenfranchising those of low income who would choose this form of ID to travel by air.
* Along with HB 1, this bill spends all but $5 million of the $166 million left over after the 2018-2019 biennium. Worse yet, much of this spending is inappropriately allocated to ongoing expenses rather than one-time items.
* This bill raises business taxes $125 million over current law, and $35 million over the House budget. This is about an 8% increase in business taxes at a time when such revenues are already way up.
* Rather than pump up taxes and spending as though these good times will never stop, it would be much more prudent to take last year's excess and pay down some of the state's debts and unfunded pension liabilities. When times are good and school enrollments are down, government should be declining, not increasing.
Anti-libertyHB 564(New Title) relative to possession of firearms on school property.NAY CofC
Why
This bill creates unarmed victim zones in and around schools.
* This bill would ban law-abiding adults from carrying a firearm into an area designated as a so-called "safe school zone" and would deny a mother who walks to pick up her child at school a tool to protect herself and her children.
* Studies have shown no correlation between the enactment of gun-free zones and improved safety (<a href=https://www.rand.org/research/gun-policy/analysis/gun-free-zones.html>www.rand.org/research/gun-policy/analysis/gun-free-zones.html</a>).
* This bill criminalizes the mere possession of a physical item.
* Requires a public hearing with the local school board before a person can get permission to protect themselves or their families.
Anti-libertyHB 696establishing a protective order for vulnerable adults.NAY CofC
Why
This bill allows a person to be deprived of their property without a hearing when a peace officer has probable cause to believe a vulnerable adult has been neglected.
* This bill allows a vulnerable adult or guardian of a vulnerable adult to seek a protective order for neglect, which is defined by new section 173-D:2 VIII as "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".
* This bill compels peace officers to seize weapons from a defendant without a trial in cases when the weapon is 'involved' in the neglect per the proposed 173-D:11 I(a). This is a needlessly vague standard that is subject to confusion and abuse and violates due process.
* Hearings under this bill are made in a proceeding where the normal rules of evidence need not apply as 173-D:4 V, as proposed, includes "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."
Anti-libertySB 1relative to family and medical leave.NAY Override
Why
This bill creates a new tax on employee wages of at least 0.5% to implement a new family medical leave program.
* 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.
* The commissioner of the Department of Employment Security will be empowered to raise the tax rate or lower the benefits, up to 10%, without legislative approval.
* There is a cap on benefits at 85% of the average salary, so workers who make over the average salary will be paying for benefits that they cannot collect and are disproportionately impacted by the legislation.
* The current short-term disability insurance market will be negatively impacted by government interference in the insurance marketplace.
* Long term, the fiscal note for the program estimates that the state of NH will need 43+ additional employees and $6.6 million per year that would need to be subsidized by the participants.
Anti-libertySB 10(New Title) relative to the state minimum hourly rate.NAY CofC
Why
This bill establishes a state-dictated minimum wage.
* Minimum wage laws decrease the number of entry-level jobs and make it harder for people of low skill to get their start in the workforce.
* Higher wages for everyone are better accomplished through job creation — more jobs mean more competition to hire all workers.
* Employers and employees should be free to negotiate the terms of employment without interference.
* Economic conditions and cost of living vary dramatically across the state. A "one-size-fits-all" approach to a minimum wage will put unreasonable pressure on areas of the state with limited employment opportunities and lower costs of living.
* The very idea of a minimum wage is patronizing and demeaning as it implies that individuals don't know how much they're worth and are incapable of negotiating with an employer.
Anti-libertySB 267relative to the release of student assessment information and data.NAY CofC
Why
This bill exposes student data to testing entities and imposes no penalties if they share or fail to protect this sensitive information.
* Giving testing entities students' names and Unique Pupil Identifiers defeats the purpose of UPIs, which are intended to protect student identities.
* RSA 189:67 already allows testing entities to access student names or UPIs, not both.
* The Committee of Conference recommendation removed the penalties for inappropriate use of this data that were in the Senate version.
* Schools and families may already maintain a file of the scores and reports from year to year; this bill is not necessary.
Anti-libertySB 279relative to access to fertility care.NAY CofC
Why
This bill mandates new coverage for health insurance, driving up rates for everyone, and will require funding of expensive treatments from the state's general fund for those purchasing coverage on the ACA marketplace.
* In 2018 the average annual premium for employer-based family coverage rose 5 percent, outpacing inflation (<a href=http://www.ncsl.org/research/health/health-insurance-premiums.aspx>www.ncsl.org/research/health/health-insurance-premiums.aspx</a>). Part of the reason for the increase is continued increases in state-mandated services such as those included in this bill.
Anti-libertySB 290relative to the New Hampshire granite advantage health care program.NAY CofC
Why
This bill allows the use of general funds for expanded Medicaid in New Hampshire.
* Medicaid is a welfare program for able-bodied adults in their working years. The medical insurance provided has features such as no premiums, no co-pays, no deductibles, and non-emergency transportation that are simply not available to workers with full-time jobs. These benefits create a strong disincentive to full-time employment and career advancement. This bill expands these negative incentives by reducing work requirements and eliminating them entirely for homeless individuals providing a disincentive for establishing a residence.
* 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.

10 bills with no position.

Read the full Gold Standard

Thursday, June 6, 2019 · Senate · 5 positions

Anti-libertyHB 1making appropriations for the expenses of certain departments of the state for fiscal years ending June 30, 2020 and June 30, 2021.NAY OTP/A
Why
This bill makes appropriations in excess of current tax sources and significantly increases spending.
* This budget dramatically increases New Hampshire spending going beyond the excessive levels requested by the governor.
* The level of spending proposed will require new taxes, including a capital gains tax that will forever alter the fiscal landscape of New Hampshire.
* This budget applies one-time surplus funds as recurring spending increases, which dramatically increases the risk of needing future tax increases.
Anti-libertyHB 2relative to state fees, funds, revenues, and expenditures.NAY OTP/A
Why
This bill includes a tax on earned income, and sets the state up for future expansion of taxes on income.
* Along with HB 1, this bill spends all but $5 million of the $166 million left over after the 2018-2019 biennium. Worse yet, much of this spending is inappropriately going to ongoing expenses rather than one-time items.
* This bill raises business taxes $125 million over current law, and $35 million over the House budget. This is about an 8% increase in business taxes at a time when such revenues are already way up.
* This bill contains a new mandated family medical leave program that is funded via a 0.5% tax on earned income. 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.
* The commissioner of the Department of Employment Security will be empowered to raise the earned income tax rate or lower the benefits, up to 10%, without legislative approval.
* Rather than pump up taxes and spending as though these good times will never stop, it would be much more prudent to take last year's excess and pay down some of the state's debts and unfunded pension liabilities. When times are good and school enrollments are down, government should be declining, not increasing.
Anti-libertyHB 556allowing municipalities to process absentee ballots prior to election day.NAY OTP
Why
This bill would allow absentee ballots to be opened and counted prior to the election.
* This bill would undermine public confidence in elections and reduce the ability for NH citizens to hold the government accountable.
* NH citizens are currently allowed to be observers and challengers in the absentee ballot processing procedure. This bill significantly impacts the ability for citizens to observe the process due to the limited notice that is required for announcing an intent to count ballots ahead of election day.
Anti-libertyHB 618relative to the definition of contracts relative to official ballot default budgets.NAY OTP/A
Why
This bill repeals the definition of contracts relative to official ballot default budgets, resulting in budget increases that have not been properly vetted by voters.
* This bill would allow contracts to include escalation clauses that have not been presented to voters in a prior warrant article.
* Under current law, if a proposed town budget fails and the default budget is activated, contracts continue at the same cost as the previous year unless a prior warrant article enumerated escalation amounts in subsequent budgets. This prevents governing bodies from hiding spending increases in the default budget in a manner that is not transparent to voters.
Anti-libertyHB 664relative to vehicle repair standards.NAY OTP
Why
This bill requires an insurer to reimburse an automobile repairer for all repairs if the repairer follows the original equipment manufacturer's recommended collision repair procedures.
* This bill will increase premiums for automobile insurance in New Hampshire by mandating reimbursement from insurance companies for all such recommendations made by original equipment manufacturers (OEM) that a repair shop intends to follow.
* This bill is mandating that OEM recommendations now be required repairs. There are differences between OEM recommendations versus requirements. Recommendations are not held to any standard and mostly include general indemnifying language. Required procedures are things that should or must be undertaken to ensure proper safety standards.
* This bill is classic crony capitalism that will provide an economic incentive for a repairer to complete steps that they do not believe to be necessary but that they know nevertheless they will be compensated for, without an obvious direct expense to their customer.
* While the committee recommendation of re-refer is acceptable, should there be a motion to pass this bill in its current form, the appropriate vote is NAY OTP.

5 bills with no position.

Read the full Gold Standard

Wednesday, June 5, 2019 · House · 7 positions

Anti-libertySB 10establishing the state minimum hourly rate based on whether an employer offers paid sick days to an employee.NAY OTP/A
Why
This bill establishes a state-dictated minimum wage.
* Minimum wage laws decrease the number of entry-level jobs and make it harder for people of low skill to get their start in the workforce.
* Higher wages for everyone are better accomplished through job creation — more jobs mean more competition to hire all workers.
* Employers and employees should be free to negotiate the terms of employment without interference.
* Economic conditions and cost of living vary dramatically across the state. A "one-size-fits-all" approach to a minimum wage will put unreasonable pressure on areas of the state with limited employment opportunities and lower costs of living.
* The very idea of a minimum wage is patronizing and demeaning as it implies that individuals don't know how much they're worth and are incapable of negotiating with an employer.
Anti-libertySB 168relative to class 2 obligations under the electric renewable portfolio standards.NAY OTP/A
Why
This bill increases state interference in the energy marketplace.
* This bill may increase energy costs in the state by at least $30 million per year by 2025 by mandating increases in class 2 energy. Solar energy adoption in New Hampshire is already increasing without this new state mandate.
Anti-libertySB 2relative to funding for job training programs in the department of business and economic affairs.NAY OTP
Why
This bill increases the administrative fee on unemployment compensation and spends money on government-directed job training programs.
* While government-sponsored job 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>).
* The state should not have a role in determining the training that businesses will require.
Anti-libertySB 272relative to mental health parity under the insurance laws.NAY OTP/A
Why
This bill has a non-germane amendment that requires an insurer to reimburse an automobile repairer for all repairs if the repairer follows the original equipment manufacturer's recommended collision repair procedures.
* As amended by 2019-2139h, this bill will increase premiums for automobile insurance in New Hampshire by mandating reimbursement from insurance companies for all such recommendations made by original equipment manufacturers (OEM) that a repair shop intends to follow.
* This bill is mandating that OEM recommendations now be required repairs. There are differences between OEM recommendations versus requirements. Recommendations are not held to any standard and mostly include general indemnifying language. Required procedures are things that should or must be undertaken to ensure proper safety standards.
* This bill is classic crony capitalism that will provide an economic incentive for a repairer to complete steps that they do not believe to be necessary but that they know nevertheless they will be compensated for, without an obvious direct expense to their customer.
Anti-libertySB 279relative to access to fertility care.NAY OTP/A
Why
This bill mandates new coverage for health insurance, driving up rates for everyone, and will require funding of expensive treatments from the state's general fund for those purchasing coverage on the ACA marketplace.
* In 2018 the average annual premium for employer-based family coverage rose 5 percent, outpacing inflation (<a href=http://www.ncsl.org/research/health/health-insurance-premiums.aspx>www.ncsl.org/research/health/health-insurance-premiums.aspx</a>). Part of the reason for the increase is continued increases in state-mandated services such as those included in this bill.
Anti-libertySB 290relative to the New Hampshire granite advantage health care program.NAY OTP/A
Why
This bill allows the use of general funds for expanded Medicaid in New Hampshire.
* Medicaid is a welfare program for able-bodied adults in their working years. The medical insurance provided has features such as no premiums, no co-pays, no deductibles, and non-emergency transportation that are simply not available to workers with full-time jobs. These benefits create a strong disincentive to full-time employment and career advancement. This bill expands these negative incentives by reducing work requirements and setting up a trigger to eliminate the requirement entirely when 500 beneficiaries are suspended or disenrolled as a result of noncompliance with the reduced work requirements.
* 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 66relative to political contributions by candidates for certain offices.YEA ITL
Why
This bill prohibits candidates for certain offices from making political contributions to certain candidates, committees, parties, and political advocacy organizations.
* Part 1 [Art.] 22. of the New Hampshire Constitution states "[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." — limiting all speech and particularly political speech may be a tempting solution to a perceived problem but it is not a proper solution.

37 bills with no position.

Monday, June 3, 2019 · House

NHLA’s recommendations for this session are published.

Read the full Gold Standard

Thursday, May 30, 2019 · Senate · 13 positions

Anti-libertyHB 186establishing a state minimum wage and providing for adjustments to the minimum wage.NAY OTP
Why
This bill establishes a state-dictated minimum wage.
* Minimum wage laws decrease the number of entry-level jobs and make it harder for people of low skill to get their start in the workforce.
* Higher wages for everyone are better accomplished through job creation — more jobs mean more competition to hire all workers.
* Employers and employees should be free to negotiate the terms of employment without interference.
* The very idea of a minimum wage is patronizing and demeaning as it implies that individuals don't know how much they're worth and are incapable of negotiating with an employer.
* While the committee recommendation of re-refer is acceptable, should there be a motion to pass this bill in its current form, the appropriate vote is NAY OTP.
Anti-libertyHB 198(New Title) clarifying the prohibition against the use of mobile electronic devices while driving.NAY OTP
Why
This bill mandates license suspension for second offenses of the prohibition against using mobile electronic devices while driving.
* Handheld phone bans cause some drivers to hide their phone use by placing the phone in their lap and taking their eyes off the road, which is far more dangerous. Increasing the penalties will only incentivize them even further to try to hide usage.
* Studies show that bans on use of handheld devices while driving have had no effect on accident rates (e.g. NE Burger, DT Kaffine, B Yu Transportation research part A: policy and practice 66, 162-172, and IIHS Status Report, Vol. 45, No. 2).
Anti-libertyHB 211relative to inquiries by prospective employers concerning salary history.YEA ITL
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 or salary history prior to making an offer of employment with a salary. 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 recent salary and expectations are significantly disconnected from the available budget.
* 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 293relative to employee credit privacy.NAY OTP
Why
This bill prohibits employers from using credit history in employment decisions.
* Employers are already required to get consent of an applicant before acquiring a credit report by federal law. This is not an invasion of privacy if consent is given (<a href=https://www.consumer.ftc.gov/articles/pdf-0096-fair-credit-reporting-act.pdf>www.consumer.ftc.gov/articles/pdf-0096-fair-credit-reporting-act.pdf</a>).
* Employers only get a modified variation of credit history. They do not see a credit score. An employer pulling this info has no effect on credit score (<a href=https://www.businessinsider.com/employers-cannot-check-your-credit-score-2014-5>www.businessinsider.com/employers-cannot-check-your-credit-score-2014-5</a>).
* Employers are already required to notify an applicant of failing to hire due to credit history. This provides the applicant the chance to review the credit history for incorrect information.
Pro-libertyHB 399relative to annulment of arrests or convictions for possession of a certain quantity of marijuana.YEA OTP/A
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 prior to September 16, 2017 to have those convictions and arrests annulled.
Pro-libertyHB 455relative to the penalty for capital murder.YEA Override
Why
This bill changes the penalty for capital murder to life imprisonment without the possibility for parole.
* Long-term incarceration costs NH taxpayers less than the death penalty.
* 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.
Anti-libertyHB 480relative to sports betting.NAY OTP/A
Why
This bill creates government-granted monopoly privileges.
* Selecting special interest agents to conduct gambling operations while prohibiting all others from competing is a clear example of regulatory capture and an unjust use of government power. Proposed RSA 287-I:5 would limit Sports Book Retail Operations to no more than 10 locations.
* 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 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 private sports gambling.
Pro-libertyHB 486relative to department of corrections procedures concerning the requirement for restoration of the voting rights of felons.YEA OTP
Why
This bill requires that probation-parole officers receive instruction on the current state of the law regarding the rights of individuals who have attained final discharge of their sentence. This bill defines final discharge. It clarifies that someone on probation or parole meets the definition of final discharge.
*This bill increases the accountability of probation and parole officers.
*This bill protects individual voting rights by defining final discharge as the release of a prisoner from incarceration. This includes a person who is on probation or parole.
Pro-libertyHB 491relative to questioning and detaining suspects.YEA OTP/A
Why
This bill clarifies that failure to answer a request of a peace officer to identify oneself is not grounds for arrest.
Part 1 Art. 15. of the New Hampshire Constitution states "[Right of Accused.] No subject shall be held to answer for any crime, or offense, until the same is fully and plainly, substantially and formally, described to him; or be compelled to accuse or furnish evidence against himself." Remaining silent is constitutionally protected and is not grounds for arrest.
Anti-libertyHB 556allowing municipalities to process absentee ballots prior to election day.NAY OTP
Why
This bill would allow absentee ballots to be opened and counted prior to the election.
* This bill would undermine public confidence in elections and reduce the ability for NH citizens to hold the government accountable.
* NH citizens are currently allowed to be observers and challengers in the absentee ballot processing procedure. This bill significantly impacts the ability for citizens to observe the process due to the limited notice that is required for announcing an intent to count ballots ahead of election day.
Anti-libertyHB 605relative to criminal penalties for possession, transfer, or manufacture of animal fighting paraphernalia with the intent to be present at, aiding in, or contributing to such fighting.NAY OTP/A
Why
This bill enables individuals to be charged with crimes who may in no way be participating in such crimes.
* Under New Hampshire RSA 644:8-a it is already a felony to engage in or promote exhibitions of animal fighting. This bill would expand the law to cover not only these acts but also to ban possession and sale or manufacture of equipment that have uses in both responsible pet ownership as well as in illegal animal fighting.
* While this ban seemingly requires proof of intent, the bar for intent set by this bill is low enough that innocent people run the risk of having to choose between an expensive legal battle and accepting a plea deal to simply move on with their lives.
* This bill states that "the proximity of the object in time and space to the direct violation of this section" can be used to determine intent. A person walking their young pit bull in a neighborhood while responsibly carrying an implement to "break" the bite of a tenacious dog early in its training could easily be caught up in an arrest if there is an animal fight in the area.
* This bill states that intent can be established when a person should reasonably know that an object they sell might facilitate a violation of this section. Someone selling "treatment supplies" must now always profile customers to decide if they may be using the supplies to treat an animal that may have been injured in an animal fight.
Anti-libertyHB 641allowing municipalities to collect an occupancy fee from operators of local room rentals.NAY OTP/A
Why
This bill creates a new local option rooms tax initially capped at $2 per night.
* New sources of taxation rarely stay at their initial rate, whether set as a flat dollar amount or as a percentage. While the initial amount is small, the rate will certainly grow over time.
* Hotels already pay property taxes and spur economic activity in the municipalities in which they are located.
Anti-libertyHB 664relative to vehicle repair standards.NAY OTP
Why
This bill requires an insurer to reimburse an automobile repairer for all repairs if the repairer follows the original equipment manufacturer's recommended collision repair procedures.
* This bill will increase premiums for automobile insurance in New Hampshire by mandating reimbursement from insurance companies for all such recommendations made by original equipment manufacturers (OEM) that a repair shop intends to follow.
* This bill is mandating that OEM recommendations now be required repairs. There are differences between OEM recommendations versus requirements. Recommendations are not held to any standard and mostly include general indemnifying language. Required procedures are things that should or must be undertaken to ensure proper safety standards.
* This bill is classic crony capitalism that will provide an economic incentive for a repairer to complete steps that they do not believe to be necessary but that they know nevertheless they will be compensated for, without an obvious direct expense to their customer.
* While the committee recommendation of re-refer is acceptable, should there be a motion to pass this bill in its current form, the appropriate vote is NAY OTP.

21 bills with no position.

Read the full Gold Standard

Thursday, May 23, 2019 · House · 4 positions

Pro-libertyHB 455relative to the penalty for capital murder.YEA Override
Why
This bill changes the penalty for capital murder to life imprisonment without the possibility for parole.
* Long-term incarceration costs NH taxpayers less than the death penalty.
* 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.
Anti-libertySB 100relative to discrimination in employment based on criminal background checks.NAY OTP/A
Why
This bill limits the speech of individuals by prohibiting employers from asking questions about prior criminal convictions on an employment application or conducting a criminal record check of an applicant prior to the initial interview unless the government has mandated such check.
* The state should not be interfering in or dictating businesses' hiring practices nor prohibiting speech.
* The state should work to reduce the number of victimless crimes in order to reduce the number of people who are negatively impacted by their prior involvement in the criminal justice system.
* The committee amendment contains additional restrictions against discrimination based on racial or ethnic origin based on the name of the applicant however this duplicates the protection already provided under NH RSA 354-A:7.
Anti-libertySB 196relative to non-academic surveys administered by a public school to its students.NAY OTP/A
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 explicit 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, as amended, would undermine that ability by requiring an opt-out rather than explicit parental consent to participate in these non-academic surveys.
* Active consent, as required in current law, is consistent with the federal Protection of Pupil Rights Amendment (PPRA) and carves out an exception for the Youth Risk Behavior Survey created by the CDC, allowing passive consent.
Pro-libertySB 88relative to registry identification cards under the use of cannabis for therapeutic purposes law.YEA OTP/A
Why
This bill removes the artificial time frame for a patient-provider relationship prior to a healthcare provider being authorized to provide certifying documentation of a qualifying medical condition for therapeutic use of cannabis.
* The state should not be inserting itself in the patient-provider relationship.
* Existing restrictions may have unintended consequences resulting in prescription of less-appropriate and potentially habit-forming pharmaceuticals.

12 bills with no position.

Read the full Gold Standard

Thursday, May 23, 2019 · Senate · 11 positions

Anti-libertyHB 109requiring background checks for commercial firearms sales.NAY OTP
Why
This bill adds a new definition for commercial firearms sales that would result in a transfer being considered a commercial sale even if no money or item of value is exchanged but the transfer is initiated after the firearm was displayed.
* This bill poorly defines "commercial sale" such that friends and family who happen to innocently plan their next hunting trip while at a gun show could find themselves unknowingly committing a misdemeanor if they swap guns while on that trip.
* The bill will criminalize lawful firearms transactions between friends, family, neighbors, and members of the same shooting club by redefining these isolated events as "commercial sales".
* The newly-mandated background checks are effectively a 'poll tax' on a constitutionally-protected right.
* This bill is unnecessary as private transfer of pistols and revolvers is already regulated under RSA 159:8, III and RSA 159:10 without the unintended consequences added by this bill.
Anti-libertyHB 186establishing a state minimum wage and providing for adjustments to the minimum wage.NAY OTP
Why
This bill establishes a state-dictated minimum wage.
* Minimum wage laws decrease the number of entry-level jobs and make it harder for people of low skill to get their start in the workforce.
* Higher wages for everyone are better accomplished through job creation — more jobs mean more competition to hire all workers.
* Employers and employees should be free to negotiate the terms of employment without interference.
* The very idea of a minimum wage is patronizing and demeaning as it implies that individuals don't know how much they're worth and are incapable of negotiating with an employer.
* While the committee recommendation of re-refer is acceptable, should there be a motion to pass this bill in its current form, the appropriate vote is NAY OTP.
Anti-libertyHB 359relative to warning labels on prescription drugs containing opiates.NAY OTP/A
Why
This bill requires pharmacists and pharmacies to use a new red warning label for any prescription containing opiates.
* This bill increases regulation on an already heavily-regulated pharmaceutical industry.
* Patients taking opiates already know they're taking opiates. The new highly visible warning label will ensure everyone else knows they're taking opiates as well — reducing privacy for patients.
* Doctors and pharmacists should be telling patients the risks of opiates, not relying on warning labels that simply add to the visual clutter on the bottles.
Pro-libertyHB 399relative to annulment of arrests or convictions for possession of a certain quantity of marijuana.YEA OTP/A
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 prior to September 16, 2017 to have those convictions and arrests annulled.
Pro-libertyHB 455relative to the penalty for capital murder.YEA Override
Why
This bill changes the penalty for capital murder to life imprisonment without the possibility for parole.
* Long-term incarceration costs NH taxpayers less than the death penalty.
* 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.
Anti-libertyHB 514imposing a waiting period between the purchase and delivery of a firearm.NAY OTP/A
Why
This bill establishes a waiting period for the delivery of a firearm.
* This bill bans individuals, including those who already have firearms and women who have reason to fear an attacker, from purchasing a firearm without first waiting a minimum of 9 calendar days.
* Waiting periods make it more difficult for law-abiding citizens to defend themselves and as a result, encourage criminal activity.
* There is no statistical evidence that a waiting period for handgun purchases reduces violence (<a href=https://www.politifact.com/wisconsin/statements/2015/apr/27/van-wanggaard/no-evidence-waiting-period-handgun-purchases-reduc/>www.politifact.com/wisconsin/statements/2015/apr/27/van-wanggaard/no-evidence-waiting-period-handgun-purchases-reduc/</a>).
* The bill requires licensed firearms dealers to make their business records available for inspection by any law enforcement agency; in addition, there is no warrant requirement, violating the right to privacy under the New Hampshire Constitution Part 1, Article 2-b.
Anti-libertyHB 564(New Title) relative to possession of firearms on school property.NAY OTP/A
Why
This bill creates unarmed victim zones in and around schools.
* This bill would ban law-abiding adults from carrying a firearm into an area designated as a so-called "safe school zone" and would deny a mother who walks to pick up her child at school a tool to protect herself and her children.
* Studies have shown no correlation between the enactment of gun-free zones and improved safety (<a href=https://www.rand.org/research/gun-policy/analysis/gun-free-zones.html>www.rand.org/research/gun-policy/analysis/gun-free-zones.html</a>).
* This bill criminalizes the mere possession of a physical item.
Anti-libertyHB 605relative to criminal penalties for possession, transfer, or manufacture of animal fighting paraphernalia with the intent to be present at, aiding in, or contributing to such fighting.NAY OTP/A
Why
This bill enables individuals to be charged with crimes who may in no way be participating in such crimes.
* Under New Hampshire RSA 644:8-a it is already a felony to engage in or promote exhibitions of animal fighting. This bill would expand the law to cover not only these acts but also to ban possession and sale or manufacture of equipment that have uses in both responsible pet ownership as well as in illegal animal fighting.
* While this ban seemingly requires proof of intent, the bar for intent set by this bill is low enough that innocent people run the risk of having to choose between an expensive legal battle and accepting a plea deal to simply move on with their lives.
* This bill states that "the proximity of the object in time and space to the direct violation of this section" can be used to determine intent. A person walking their young pit bull in a neighborhood while responsibly carrying an implement to "break" the bite of a tenacious dog early in its training could easily be caught up in an arrest if there is an animal fight in the area.
* This bill states that intent can be established when a person should reasonably know that an object they sell might facilitate a violation of this section. Someone selling "treatment supplies" must now always profile customers to decide if they may be using the supplies to treat an animal that may have been injured in an animal fight.
Anti-libertyHB 628relative to universal changing stations in certain places of public accommodation.NAY OTP/A
Why
This bill mandates universal changing stations for use by persons with physical disabilities to be
installed in places with the capacity to serve 1,500 or more persons per day.
* This bill would increase costs to small business of at least $12,000 (<a href=http://keeponmovin.org/awarded-12000-from-mceachern-trust-for-adolescent-adult-changing-table/>keeponmovin.org/awarded-12000-from-mceachern-trust-for-adolescent-adult-changing-table/</a>) to purchase and have installed a power height-adjustable changing table. While stadiums and rest areas are explicitly listed, the trigger for this mandate would be locations with the capacity to serve 1,500 or more persons per day. At this threshold even modest-sized high-traffic locations would trigger the mandate, increasing costs.
Anti-libertyHB 664relative to vehicle repair standards.NAY OTP
Why
This bill requires an insurer to reimburse an automobile repairer for all repairs if the repairer follows the original equipment manufacturer's recommended collision repair procedures.
* This bill will increase premiums for automobile insurance in New Hampshire by mandating reimbursement from insurance companies for all such recommendations made by original equipment manufacturers (OEM) that a repair shop intends to follow.
* This bill is mandating that OEM recommendations now be required repairs. There are differences between OEM recommendations versus requirements. Recommendations are not held to any standard and mostly include general indemnifying language. Required procedures are things that should or must be undertaken to ensure proper safety standards.
* This bill is classic crony capitalism that will provide an economic incentive for a repairer to complete steps that they do not believe to be necessary but that they know nevertheless they will be compensated for, without an obvious direct expense to their customer.
* While the committee recommendation of re-refer is acceptable, should there be a motion to pass this bill in its current form, the appropriate vote is NAY OTP.
Anti-libertyHB 696establishing a protective order for vulnerable adults.NAY OTP/A
Why
This bill allows a person to be deprived of their property, immunities, and privileges without the ability to offer a defense or to meet the witnesses against them face to face as required by Article 15. [Right of Accused.] of the New Hampshire Constitution.
* This bill allows a vulnerable adult or guardian of a vulnerable adult to seek a protective order for neglect, which is defined by new section 173-D:2 VIII as "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".
* Similar to civil asset forfeiture laws, this bill allows personal property, including cars, animals, and firearms, to be seized prior to the commission of a crime or conviction by the courts, violating various NH Constitution articles, including Part 1 Article 15.
* 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 allow 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 "an act or omission by a caretaker 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" 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 V, as proposed, includes "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."

23 bills with no position.

Read the full Gold Standard

Wednesday, May 15, 2019 · Senate · 7 positions

Anti-libertyHB 121(New Title) relative to the regulation of massage, reflexology, structural integrator and Asian bodywork therapy establishments.NAY OTP
Why
This bill requires licensure and inspection of massage establishments.
* Currently, massage therapists need to be licensed to work legally in New Hampshire. This bill will now require massage establishments to also obtain a license.
* New establishment fees are undefined and likely much more than an individual license.
* This will increase costs to small independent businesses both to obtain the new license as well as to allocate time to work with state inspectors. This will be a disproportionate burden on owner/operator establishments in that not only will they have to pay a new license fee but they also may have to cancel client appointments to work with the inspector.
* This bill allows license revocation or suspension if the licensee "Has engaged in illegal activity" (proposed RSA 328-B:8 VI.) which is subjective, overly broad, and does not require conviction before punishment.
* While the committee recommendation of re-refer is acceptable, should there be a motion to pass this bill in its current form, the appropriate vote is NAY OTP.
Anti-libertyHB 480relative to sports betting.NAY OTP
Why
This bill creates government-granted monopoly privileges.
* Selecting special interest agents to conduct gambling operations while prohibiting all others from competing is a clear example of regulatory capture and an unjust use of government power. Proposed RSA 287-I:5 would limit Sports Book Retail Operations to no more than 10 locations.
* 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 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 private sports gambling.
Pro-libertyHB 489relative to changing a pupil's school or assignment because of a manifest educational hardship.NAY ITL
Why
This bill provides alternate public school options for students meeting the conditions of 'Manifest Educational Hardship'.
* This bill allows parents a path to work with the administrators in the public education system to find a better school for their child when their child is experiencing the issues of 'Manifest Educational Hardship'.
* The bill facilitates parents working with the teachers and administrators to solve serious education issues instead of forcing parents to remove children from the public schools when their children are experiencing the problems outlined in 'Manifest Educational Hardship'.
*Note: bill passed the House on the Consent Calendar
Anti-libertyHB 558restricting the distribution of plastic straws.YEA ITL
Why
This bill prohibits the distribution of plastic straws without an explicit request from the customer.
* By stating that the request must be explicitly from the customer, this bill leaves open to confusion whether a business may offer the straw in the absence of a request and therefore infringes on free speech.
* The bill is likely to increase CO2 emissions: many customers will pull away from a drive-through window at an establishment that only provides "on request" plastic straws, only to later find that they lack the ability to consume their beverage while on the road, requiring a return trip to the window.
* The majority committee blurb already indicates a path forward that does not require legislation — "Seacoast Sustainability is an alliance which includes restaurants that voluntarily follow this practice. One restaurant reported purchasing 35,000 plastic straws in 2017 and, after implementing the request policy, they bought only 1,200 plastic straws in 2018. Their customers were surveyed and had an overwhelmingly positive response to this decision."
Anti-libertyHB 560relative to single-use carryout bags.YEA ITL
Why
This bill bans single-use carry-out bags, institutes price controls for other carry-out bags, and mandates that businesses provide expensive multi-use bags to customers who make use of certain public welfare programs.
* Prohibiting retailers from providing plastic bags to customers is a violation of the rights of both retailers and their customers.
* This bill may harm the environment. Reusable cotton bags require reuse of more than 173 times before breaking even on the environmental impacts of single-use bags (<a href=https://terngoods.com/blogs/learn/reusable-vs-disposable-bags-whats-better-for-the-environment>terngoods.com/blogs/learn/reusable-vs-disposable-bags-whats-better-for-the-environment</a>).
* Thus, for people going shopping weekly, they would need to use a particular bag for well over 3 years without losing it or damaging it; otherwise, rather than helping the environment, the creation and use of the bag actually ended up harming it, which no one wants.
Anti-libertyHB 652relative to suicide prevention.NAY OTP
Why
This bill requires the state board of education to adopt rules requiring annual training in suicide awareness and prevention for teachers and administrators while providing no funding for the new mandate.
* Suicide is a tragic, but rare, occurrence and mandating that almost all school personnel spend two hours every year learning how to detect and prevent such tragedies is another piece of "feel good" legislation that will do nothing to solve a complex problem.
* Teachers are employed in schools to teach, not become psychologists; schools already have counselors to work with troubled children.
* This bill will be a boon for the training and certification industrial complex, but for teachers and other school personnel will be just another administrative burden to fulfill.
* The New Hampshire Constitution Part 1 [Art.] 28-a. [Mandated Programs.] states "The state shall not mandate or assign any new, expanded or modified programs or responsibilities to any political subdivision in such a way as to necessitate additional local expenditures by the political subdivision unless such programs or responsibilities are fully funded by the state or unless such programs or responsibilities are approved for funding by a vote of the local legislative body of the political subdivision.". This bill represents an unfunded mandate on local districts.
* While the committee recommendation of re-refer is acceptable to allow the constitutional issues presented by this bill to be addressed, should there be a motion to pass this bill in its current form, the appropriate vote is NAY OTP.
Anti-libertyHB 689establishing a student career and college investment program and making an appropriation therefor.NAY OTP/A
Why
This bill expands taxpayer subsidy of college education and discriminates against children who are home schooled or who attend private and/or religious schools.
* While the bill does not explicitly allocate money from the general fund for this program and opts instead for an increased fee (annual surcharge on open-ended mutual funds), proposed RSA 195-J:6 I-VI ensure that future budgets will allocate funds to the program, forcing taxpayers, including those who choose non-college career paths, to subsidize the education costs of those who choose college.
* Subsidies, including both direct subsidy and subsidized student loans, ultimately increase costs for all students as colleges expand to adapt to the inflow of money (<a href=https://www.newyorkfed.org/medialibrary/media/research/staff_reports/sr733.pdf>www.newyorkfed.org/medialibrary/media/research/staff_reports/sr733.pdf</a>).

45 bills with no position.

Read the full Gold Standard

Wednesday, May 8, 2019 · House · 6 positions

Anti-libertySB 193prohibiting the sale of certain furniture and carpeting with flame retardant chemicals.NAY OTP/A
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 and carpeting 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.
* 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>www.ethanallen.com/en_US/faqs.html</a>).
* Flame retardants were initially added to furniture in 1975 due to government overreach in California. More than 40 years later and 6 years after California lifted the initial requirement, we are still suffering the long-term consequences of this overreach.
* The Business and Institutional Furniture Manufacturers trade organization has already issued guidance (<a href=https://www.bifma.org/page/advocacyareas>www.bifma.org/page/advocacyareas</a>) supporting removal of dangerous fire-retardant chemicals previously added under state mandate. Additional overly broad and confusing government regulation is not needed.
Anti-libertySB 2relative to funding for job training programs in the department of business and economic affairs.NAY OTP/A
Why
This bill increases the administrative fee on unemployment compensation and spends money on government-directed job training programs.
* While government-sponsored job 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>).
* The state should not have a role in determining the training that businesses will require.
Anti-libertySB 20relative to notification requirements for employees, workplace inspections, and the youth employment law.NAY OTP
Why
This bill replaces the judgment of the family with that of the state in determining the hours that a teen may work.
* This bill limits the number of hours a teen may work in a week to 40.25 if the teen is enrolled in school and there is even a single session day in that week.
* Teens work for many reasons including, at times, the need to help support the family. The new restrictions may force a student to make the choice to drop out of school entirely in order to earn money rather than stay in school and develop time management skills.
Anti-libertySB 205(New Title) relative to energy efficiency programs funded from the systems benefits charge and the duties and members of the energy efficiency and sustainable energy board.NAY OTP/A
Why
This bill enables the system benefits charge to be increased without legislative approval in certain cases.
* This bill contains a hidden tax on utility ratepayers by authorizing increases in the system benefits charge.
* These new taxes are earmarked for workforce development programs that support energy auditors and weatherization contractors and to enable low-income ratepayers to go into debt by mandating that the state develop relationships with big banks and other lending institutions to provide low-income financing of energy efficiency measures.
Anti-libertySB 271relative to requiring prevailing wages on state-funded public works projects.NAY OTP
Why
This bill mandates federally-determined prevailing minimum wages on state-funded public works projects.
* This bill would impose significant additional recordkeeping and weekly reporting requirements for contractors supporting state projects. These increased overhead costs, which are not directly represented by the fiscal note, would ultimately be borne as additional costs to the taxpayer.
* The bill mirrors similar federal legislation (Davis Bacon Act) which was passed with the deliberate intent to prevent non-unionized, less established, minority laborers from competing with established, unionized, white workers during the depression. While times have changed and the intent of this bill may be somewhat different, the effect will still be to dramatically increase the risk and/or cost of employing workers with potential for growth but with lower demonstrated skill level.
* Small firms may not have the personnel to absorb compliance overhead costs. This bill would have the effect of biasing state contracts toward larger/established firms.
Anti-libertySB 310relative to casino gambling.YEA ITL
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.

34 bills with no position.

Monday, May 6, 2019 · House

NHLA’s recommendations for this session are published.

Read the full Gold Standard

Thursday, May 2, 2019 · House · 2 positions

Anti-libertySB 139establishing a committee to study options for lowering student debt.NAY OTP
Why
This bill forms a committee to study NH taxpayers offering a guarantee of refinancing student loans.
* This bill establishes a committee that presumes a solution to student debt reduction is for New Hampshire taxpayers to assume partial responsibility for student debt. Among the items listed for study are "The committee shall review the possibility of a state guarantee of refinancing student loans and explore the possibility of a state guarantee of refinancing student loans...".
* A study by the New York Federal Reserve (<a href=https://www.newyorkfed.org/research/staff_reports/sr733.html>www.newyorkfed.org/research/staff_reports/sr733.html</a>) found that a significant factor in unsustainable cost increases is the existing government interference in the marketplace: "We find a pass-through effect on tuition of changes in subsidized loan maximums of about 60 cents on the dollar, and smaller but positive effects for unsubsidized federal loans." Adding additional state interference in the marketplace may defer some of the immediate impacts of the prior government interference but will further exacerbate the cost growth problem.
* The study committee is directed to solicit advice from stakeholders who have a vested interest in continuing the unsustainable rate of cost increases for higher education (e.g. university leaders, bankers, etc.) by continuing to shift and now disperse costs, which further separates the consumer of the product from the costs.
Anti-libertySB 290relative to the New Hampshire granite advantage health care program.NAY OTP
Why
This bill allows the use of general funds for expanded Medicaid in New Hampshire.
* Medicaid is a welfare program for able-bodied adults in their working years. The medical insurance provided has features such as no premiums, no co-pays, no deductibles, and non-emergency transportation that are simply not available to workers with full-time jobs. These benefits create a strong disincentive to full-time employment and career advancement. This bill expands these negative incentives by reducing work requirements and setting up a trigger to eliminate the requirement entirely when 500 beneficiaries are suspended or disenrolled as a result of noncompliance with the reduced work requirements.
* 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.

14 bills with no position.

Read the full Gold Standard

Thursday, May 2, 2019 · Senate · 4 positions

Anti-libertyHB 198(New Title) clarifying the prohibition against the use of mobile electronic devices while driving.NAY OTP/A
Why
This bill mandates license suspension for second offenses of the prohibition against using mobile electronic devices while driving.
* Handheld phone bans cause some drivers to hide their phone use by placing the phone in their lap and taking their eyes off the road, which is far more dangerous. Increasing the penalties will only incentivize them even further to try to hide usage.
* Studies show that bans on use of handheld devices while driving have had no effect on accident rates (e.g. NE Burger, DT Kaffine, B Yu Transportation research part A: policy and practice 66, 162-172, and IIHS Status Report, Vol. 45, No. 2).
Pro-libertyHB 364(New Title) permitting qualifying patients and designated caregivers to cultivate cannabis for therapeutic use and permitting qualifying patients and designated caregivers to donate excess cannabis to other qualifying patients.YEA OTP/A
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 652relative to suicide prevention.NAY OTP
Why
This bill requires the state board of education to adopt rules requiring annual training in suicide awareness and prevention for teachers and administrators while providing no funding for the new mandate.
* Suicide is a tragic, but rare, occurrence and mandating that almost all school personnel spend two hours every year learning how to detect and prevent such tragedies is another piece of "feel good" legislation that will do nothing to solve a complex problem.
* Teachers are employed in schools to teach, not become psychologists; schools already have counselors to work with troubled children.
* This bill will be a boon for the training and certification industrial complex, but for teachers and other school personnel will be just another administrative burden to fulfill.
* The New Hampshire Constitution Part 1 [Art.] 28-a. [Mandated Programs.] states "The state shall not mandate or assign any new, expanded or modified programs or responsibilities to any political subdivision in such a way as to necessitate additional local expenditures by the political subdivision unless such programs or responsibilities are fully funded by the state or unless such programs or responsibilities are approved for funding by a vote of the local legislative body of the political subdivision.". This bill represents an unfunded mandate on local districts.
* While the committee recommendation of re-refer is acceptable to allow the constitutional issues presented by this bill to be addressed, should there be a motion to pass this bill in its current form, the appropriate vote is NAY OTP.
Anti-libertyHB 719establishing the position of school nurse coordinator in the department of education and making an appropriation therefor.NAY OTP
Why
This bill establishes the position of School Nurse Coordinator in the Division of Learner Support, Department of Education, spending more than $100,000 per year without any increase in direct services to students.
* While the dollar amount is small, this bill furthers the trend of increasing administrative overhead costs for state services without providing any direct benefit to the population that is intended to be served by the spending.

17 bills with no position.

Read the full Gold Standard

Thursday, April 25, 2019 · Senate · 4 positions

Anti-libertyHB 118(New Title) relative to notifying a child's primary health care provider of a report of abuse or neglect.NAY OTP
Why
This bill requires the Department of Health and Human Services to notify a child's primary healthcare provider of a report of suspected abuse or neglect regarding the child.
* Physicians are already required to report any suspected abuse (RSA 169-C:29 Persons Required to Report). This bill could lead to false suspicion of abuse and physicians violating patients' medical privacy.
* This bill demeans parental rights and medical privacy by requiring the Department of Health and Human Services to notify the primary care physician in cases of suspected child abuse, before the parents are actually convicted and deemed guilty of child abuse.
* This bill would have potentially unintended consequences of causing even a wrongly-accused parent to second guess bringing their child to the doctor after an accidental injury and may therefore increase risk of harm to a child.
Pro-libertyHB 396relative to delay or denial of records under the right-to-know law.YEA OTP/A
Why
This bill increases government accountability in 91-A right-to-know requests by requiring that denials be documented as to the reason for refusal.
* The New Hampshire Constitution, Part 1 [Art.] 8. states in part "Government, therefore, should be open, accessible, accountable and responsive". This bill would offer a minor but important improvement in transparency.
Anti-libertyHB 511relative to vaping.NAY OTP/A
Why
This bill adds vaping to the indoor smoking ban and adds vaping to the law prohibiting youth access to and use of tobacco products.
* Private property owners should be able to decide if they will allow or prohibit vaping inside their establishment.
* Studies show that e-cigarettes are a safer alternative to traditional tobacco cigarettes and have a very low risk factor to public health and safety. A 2014 study found that "Even when compared to workplace standards for involuntary exposures, and using several conservative (erring on the side of caution) assumptions, the exposures from using e-cigarettes fall well below the threshold for concern for compounds with known toxicity." (<a href=https://bmcpublichealth.biomedcentral.com/articles/10.1186/1471-2458-14-18#Sec17>bmcpublichealth.biomedcentral.com/articles/10.1186/1471-2458-14-18#Sec17</a>).
* There are approximately 50 vaping stores currently in New Hampshire. Adding vaping to the indoor smoking ban will have a negative impact on small business in New Hampshire.
Pro-libertyHB 700relative to valuation of utility company assets for local property taxation.YEA OTP
Why
This bill establishes criteria for valuating utility property, which has suffered from widely varying assessments of similar property in different towns.
* Establishing clear and uniform criteria for utility assessments ensures uniform taxation throughout the state and reduces the risk and cost of continued lawsuits between the utilities and the municipalities.

7 bills with no position.

Read the full Gold Standard

Thursday, April 18, 2019 · Senate · 1 position

Anti-libertyHB 253relative to criminal records checks in the employee application process.YEA ITL
Why
This bill prohibits employers from asking a job applicant about his or her criminal history prior to an interview.
* The state should not be interfering in or dictating businesses' hiring practices.
* This bill contains an exemption from this restriction for state or local government agencies while denying this choice to private employers.
* The state should work to reduce the number of victimless crimes in order to reduce the number of people who are negatively impacted by their prior involvement in the criminal justice system.
* While this bill has a recommendation of re-refer, the appropriate path forward is to find this bill Inexpedient To Legislate.

13 bills with no position.

Read the full Gold Standard

Thursday, April 11, 2019 · House · 2 positions

Anti-libertyHB 1making appropriations for the expenses of certain departments of the state for fiscal years ending June 30, 2020 and June 30, 2021.NAY OTP/A
Why
This bill makes appropriations in excess of current tax sources and significantly increases spending.
* This budget dramatically increases New Hampshire spending going beyond the excessive levels requested by the governor.
* The level of spending proposed will require new taxes, including a capital gains tax that will forever alter the fiscal landscape of New Hampshire.
* This budget applies one-time surplus funds as recurring spending increases, which dramatically increases the risk of needing future tax increases.
Anti-libertyHB 2relative to state fees, funds, revenues, and expenditures.NAY OTP/A
Why
This bill includes a tax on earned income, a new tax on capital gains, and sets the state up for future expansion of taxes on income.
* This bill creates a new tax on capital gains in New Hampshire. Capital gains taxes make capital investments more expensive, and therefore less investment occurs.
* This bill contains a new mandated family medical leave program that is funded via a 0.5% tax on earned income. 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. 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.
* The commissioner of the Department of Employment Security will be empowered to raise the earned income tax rate or lower the benefits, up to 10%, without legislative approval.

1 bill with no position.

Read the full Gold Standard

Thursday, April 11, 2019 · Senate · 1 position

Pro-libertyHB 455relative to the penalty for capital murder.YEA OTP
Why
This bill changes the penalty for capital murder to life imprisonment without the possibility for parole.
* Long-term incarceration costs NH taxpayers less than the death penalty.
* 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.

3 bills with no position.

Read the full Gold Standard

Thursday, April 4, 2019 · House · 5 positions

Anti-libertyHB 120relative to the regulation of body art establishments.NAY OTP/A
Why
This bill establishes licensure and inspection practice for body art and massage establishments and creates a new apprentice license.
* This bill burdens law-abiding massage therapists and body artists with new requirements and new fees.
* New establishment fees are undefined and likely much more than an individual license.
* This will increase costs to small independent businesses both to obtain the new license as well as to allocate time to work with state inspectors. This will be a disproportionate burden on small establishments in that not only will they have to pay a new license fee, but they may also have to cancel client appointments to work with the inspector.
Pro-libertyHB 481relative to the legalization and regulation of cannabis and making appropriations therefor.YEA OTP/A
Why
This bill eliminates penalties for limited personal possession and home cultivation of cannabis for adults 21 and older.
* This bill would increase personal freedom by allowing adults 21 and older to possess and give away (but not sell) up to one ounce of cannabis, five grams of concentrated cannabis, and infused products with 500 milligrams of THC outside of their homes; and securely cultivate up to six plants, three of which could be mature (with a household limit of 12 total, six mature), and possess the cannabis produced by their plants at home.
* Legalization would not only prevent innocent people from having their lives significantly impacted by minor possession arrests, but would also reduce the expense of the criminal justice system, allowing police and prosecutors to focus on serious crimes where innocent people have been victimized.
* Polls have shown 2/3 of Granite Staters and 2/3 of Americans support legalizing cannabis.
* While the bill creates new taxes and regulatory infrastructure, this compromise is a substantial improvement over current law, which subjects people to criminal penalty and potential destruction of their livelihood for victimless behavior.
Anti-libertyHB 564relative to possession of firearms in safe school zones.NAY OTP/A
Why
This bill creates unarmed victim zones in and around schools.
* This bill would ban law-abiding adults from carrying a firearm into an area designated as a so-called "safe school zone" and would deny a mother who walks to pick up her child at school a tool to protect herself and her children.
* Studies have shown no correlation between the enactment of gun-free zones and improved safety (<a href=https://www.rand.org/research/gun-policy/analysis/gun-free-zones.html>www.rand.org/research/gun-policy/analysis/gun-free-zones.html</a>).
* This bill criminalizes the mere possession of a physical item.
Anti-libertyHB 641allowing municipalities to collect an occupancy fee from operators of local room rentals.NAY OTP/A
Why
This bill creates a new local option rooms tax initially capped at $2 per night.
* New sources of taxation rarely stay at their initial rate, whether set as a flat dollar amount or as a percentage. While the initial amount is small, the rate will certainly grow over time.
* Hotels already pay property taxes and spur economic activity in the municipalities in which they are located.
Anti-libertyHB 696establishing a protective order for vulnerable adults.NAY OTP
Why
This bill allows a person to be deprived of their property, immunities, and privileges without the ability to offer a defense or to meet the witnesses against them face to face as required by Article 15. [Right of Accused.] of the New Hampshire Constitution.
* This bill allows a vulnerable adult or guardian of a vulnerable adult to seek a protective order for neglect, which is defined by new section 173-D:2 VIII as "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".
* Similar to civil asset forfeiture laws, this bill allows personal property, including cars, animals, and firearms, to be seized prior to the commission of a crime or the conviction by the courts, violating various NH Constitution articles, including Part 1 Article 15.
* 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 allow 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 "an act or omission by a caretaker 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" 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 V, as proposed, includes "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."

7 bills with no position.

Read the full Gold Standard

Thursday, March 28, 2019 · Senate

NHLA’s recommendations for this session are published.

Read the full Gold Standard

Wednesday, March 27, 2019 · Senate · 10 positions

Anti-libertySB 100relative to discrimination in employment based on criminal background checks.NAY OTP/A
Why
This bill limits the speech of individuals by prohibiting employers from asking questions about prior criminal convictions on an employment application or conducting a criminal record check of an applicant prior to the initial interview unless the government has mandated such check.
* The state should not be interfering in or dictating businesses' hiring practices nor prohibiting speech.
* The state should work to reduce the number of victimless crimes in order to reduce the number of people who are negatively impacted by their prior involvement in the criminal justice system.
Anti-libertySB 124relative to renewable portfolio standards after 2025.NAY OTP/A
Why
This bill increases state interference in the energy marketplace.
* The committee heard testimony that this bill will increase energy costs in the state $240 to $270 million dollars per year by 2040 by mandating non-competitive energy sources. Should proponents of these sources be correct that they will be cheaper than alternatives, then no state mandate would be needed.
* The bill disadvantages increases in other carbon-neutral energy sources such as nuclear.
Anti-libertySB 168relative to class 2 obligations under the electric renewable portfolio standards.NAY OTP/A
Why
This bill increases state interference in the energy marketplace.
* The committee heard testimony that this bill may increase energy costs in the state $30 million dollars per year by 2025 by mandating increases in class 2 energy. Solar energy adoption in New Hampshire is already increasing without this new state mandate.
Anti-libertySB 205relative to energy efficiency programs funded from the systems benefits charge and adding a member to the energy efficiency and sustainable energy board.NAY OTP/A
Why
This bill repeals provisions of the law that require legislative approval for further increases to the system benefits charge.
* New Hampshire ratepayers should not be subject to further increases to the systems benefits charge without approval of elected representatives. This charge is a hidden tax on ratepayers.
Anti-libertySB 234establishing the position of director of the office of outdoor recreation industry development in the department of business and economic affairs.YEA ITL
Why
This bill creates a new state government office and position of director of outdoor recreation.
* New Hampshire has gone 243 years without an Office of Outdoor Recreation Industry Development, but yet now in 2019, even as the legislature expresses concern about property tax rates, this bill proposes that we are in need of this new office and position. While the costs for the new office and position are initially small, each new state government office builds its own constituency that seeks to expand budgets in future years.
Pro-libertySB 237relative to the office of cost containment.YEA OTP
Why
This bill modifies existing law that requires defendants to reimburse the costs of a public defender or assigned counsel so that repayment obligation applies only to a defendant who has been convicted or a juvenile who has been found delinquent.
* Defendants who are charged with crimes and subsequently not convicted should not have to bear the expense of defending themselves against the state.
Anti-libertySB 253relative to statewide deployment of a real-time threat notification system for schools.NAY OTP
Why
This bill spends $2 million per year to replicate the capabilities of a cell phone.
* This bill creates a new statewide system for the purpose of allowing school personnel to notify law enforcement officials directly in the event of a direct threat against a school community. While a 'batphone' may have made sense in the 1970's, this replicates capabilities that most faculty and many students already have to call 911.
* Faculty and students already know how to use their cell phones and are regularly testing them. This single-purpose system would generally be unused and as a result would have a higher risk of failure when it might be needed most.
Anti-libertySB 266relative to funding for kindergarten pupils, keno revenues, and school building aid.NAY OTP/A
Why
This bill spends more than $9 million of additional taxpayer money by funding full-day kindergarten which may harm as many children as it helps and allocates $15 million dollars of state taxpayer funds for school building aid.
* Full-day kindergarten will compete with hundreds of small private businesses that are already providing these services without cost to the taxpayer.
* Research indicates that half-day kindergarten is beneficial, but concludes all-day kindergarten is too long, robs children of valuable free play, and is counterproductive (<a href=https://www.washingtonpost.com/news/answer-sheet/wp/2015/08/17/why-pushing-kids-to-learn-too-much-too-soon-is-counterproductive/?noredirect=on&utm_term=.01b75ee7836d>www.washingtonpost.com/news/answer-sheet/wp/2015/08/17/why-pushing-kids-to-learn-too-much-too-soon-is-counterproductive/?noredirect=on&utm_term=.01b75ee7836d</a>).
* Studies have shown that accelerating education in young boys has potential long-term disadvantages, especially in the ability to focus at later ages. Delaying kindergarten for one year reduced inattention and hyperactivity by 73% for an average child at age 11, and it virtually eliminated the probability that an average child at that age would have an abnormal or higher-than-normal rating for the inattentive-hyperactive behavioral measure (<a href=https://ed.stanford.edu/news/stanford-gse-research-finds-strong-evidence-mental-health-benefits-delaying-kindergarten>ed.stanford.edu/news/stanford-gse-research-finds-strong-evidence-mental-health-benefits-delaying-kindergarten</a>).
Anti-libertySB 318relative to donations to the education tax credit program.NAY OTP/A
Why
This bill partitions dollars reserved from the Education Tax Credit program so that 40% of the dollars are no longer available for use by students but rather are now allocated to public school projects.
* This bill debilitates the Education Tax Credit program. It would cut funding so drastically as to be available to 1,000 fewer low-income students.
* The committee heard testimony that even under the existing law, a family could use a scholarship from the Education Tax Credit program to pay for tuition at a public school.
Anti-libertySB 8establishing an independent redistricting commission.NAY OTP/A
Why
This bill creates an unaccountable redistricting commission.
* The approach for creating this 'independent' commission is unlikely to result in significant independence. Appointees would be selected from politically-connected citizens by the Secretary of State.
* The purportedly independent commission would allow the legislature to claim plausible deniability in cases of gerrymandering, preventing voters from being able to properly influence the process or hold the officials involved accountable.
* This bill would add a new and potentially unconstitutional and unenforceable requirement for candidates seeking future office, mandating that commission members waive their right to hold any state, or local elective public office (662-B:2 V.(a)).

46 bills with no position.

Read the full Gold Standard

Thursday, March 21, 2019 · Senate · 8 positions

Anti-libertySB 10establishing the state minimum hourly rate based on whether an employer offers paid sick days to an employee.NAY OTP/A
Why
This bill establishes a state-dictated minimum wage.
* Minimum wage laws decrease the number of entry-level jobs and make it harder for people of low skill to get their start in the workforce.
* Higher wages for everyone are better accomplished through job creation — more jobs means more competition to hire all workers.
* Employers and employees should be free to negotiate the terms of employment without interference.
* The economic conditions and cost of living vary dramatically across the state. A "one-size-fits-all" approach to a minimum wage will put unreasonable pressure on areas of the state with limited employment opportunities and lower costs of living.
* The very idea of a minimum wage is patronizing and demeaning as it implies that individuals don't know how much they're worth and are incapable of negotiating with an employer.
Pro-libertySB 145relative to the organization of alternative treatment centers.YEA OTP/A
Why
This bill removes the requirement that medical cannabis alternative treatment centers only be organized as not-for-profit entities allowing the option of these entities to operate for-profit.
* This bill reduces restriction on trade and therefore reduces the impacts of state interference in the marketplace.
* Profit represents the creation of wealth from mutually-beneficial transactions. The opportunity to create wealth promotes investment and employment.
Pro-libertySB 150authorizing individuals and certain businesses to purchase health insurance from out-of-state companies.NAY ITL
Why
This bill opens the door to more competition and more choice in health insurance.
* While there may be no companies currently interested in this model, we shouldn't ignore the possibility of a healthcare startup revolutionizing the industry and looking to do business in New Hampshire.
* Technology has transformed many industries, both local and global. This has allowed for more job opportunities, better customer service, and lower prices. The healthcare industry will follow this path and New Hampshire customers should be allowed the opportunity to buy healthcare from any insurer willing to sell it to them.
Anti-libertySB 161(New Title) relative to the definition of pet vendor, the transfer of animals, and establishing the position of accounting clerk in the department of agriculture, markets, and food.NAY OTP
Why
This bill increases the risk of pet abandonment and potentially subjects individuals to commercial license requirements for non-commercial hobbyist activity.
* This bill would require individuals who transfer a pet they can no longer care for to obtain vaccinations (and a certificate in triplicate) from a veterinarian prior to the transfer.
* This bill grants the authority to the Department of Agriculture, Markets, and Food to adopt rules that could result in an individual who transfers reptiles from just one litter or clutch being treated as a pet vendor subject to commercial license requirements and unannounced home inspections.
Pro-libertySB 237relative to the office of cost containment.YEA OTP
Why
This bill modifies existing law that requires defendants to reimburse the costs of a public defender or assigned counsel so that repayment obligation applies only to a defendant who has been convicted or a juvenile who has been found delinquent.
* Defendants who are charged with crimes and subsequently not convicted should not have to bear the expense of defending themselves against the state.
Anti-libertySB 309relative to stabilization grants for education.NAY OTP
Why
This bill reverses the common-sense slow reduction in education stabilization grants, which is part of current law, intended to allow communities time to adapt to changes in the education funding formulas.
* According to a study by the Josiah Bartlett Center for Public Policy, between the 1992 and 2014 fiscal years, real spending per student in New Hampshire public schools increased by 56 percent, with student enrollment growing by only 4 percent.
* During that same interval the number of teachers increased by 29 percent, while the number of non-teaching staff positions increased by 89 percent — 22 times the rate needed to accommodate student growth.
Anti-libertySB 66relative to political contributions by candidates for certain offices.NAY OTP/A
Why
This bill prohibits candidates for certain offices from making political contributions to certain candidates, committees, parties, and political advocacy organizations.
* Part 1 [Art.] 22. of the New Hampshire Constitution states "[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." — limiting all speech and particularly political speech may be a tempting solution to a perceived problem but it is not a proper solution.
Pro-libertySB 88relative to registry identification cards under the use of cannabis for therapeutic purposes law.YEA OTP
Why
This bill removes the artificial time frame for a patient-provider relationship prior to a healthcare provider being authorized to provide certifying documentation of a qualifying medical condition for therapeutic use of cannabis.
* The state should not be inserting itself in the patient-provider relationship.
* Existing restrictions may have unintended consequences resulting in prescription of less-appropriate and potentially habit-forming pharmaceuticals.

18 bills with no position.

Read the full Gold Standard

Tuesday, March 19, 2019 · House · 30 positions

Pro-libertyCACR 12relating to taxes. Providing that an income tax on personal income shall be prohibited.NAY ITL
Why
This CACR would modify the Constitution to prevent the adoption of an income tax.
* Taxation of earnings from labor is on a par with forced labor.
* Allowing individuals to keep more of their money would benefit those who want to work harder and earn more.
* New Hampshire has a well-established brand identity as a non-income, non-sales tax state. Establishing in the Constitution the prohibition on an income tax would incentivize companies to locate in New Hampshire to take advantage of this provision. This would increase economic activity in the state.
Anti-libertyCACR 8relating to the right to govern. Providing that the people of the state may enact local laws that protect health.YEA ITL
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 109requiring background checks for commercial firearms sales.NAY OTP
Why
This bill adds a new definition for commercial firearms sales that would result in a transfer being considered a commercial sale even if no money or item of value is exchanged but the transfer is initiated after the firearm was displayed.
* This bill poorly defines "commercial sale" such that friends and family who happen to innocently plan their next hunting trip while at a gun show could find themselves unknowingly committing a misdemeanor if they swap guns while on that trip.
* The bill will criminalize lawful firearms transactions between friends, family, neighbors, and members of the same shooting club by redefining these isolated events as "commercial sales".
* The newly mandated background checks are effectively a 'poll tax' on a constitutionally-protected right.
* This bill is unnecessary as private transfer of pistols and revolvers is already regulated under RSA 159:8, III and RSA 159:10 without the unintended consequences added by this bill.
Anti-libertyHB 118requiring a child's primary health care provider to be notified of a report of suspected abuse or neglect and relative to access to the department of health and human services case record.NAY OTP/A
Why
This bill requires the Department of Health and Human Services to notify a child's primary healthcare provider of a report of suspected abuse or neglect regarding the child.
* Physicians are already required to report any suspected abuse (RSA 169-C:29: Persons Required to Report). This bill could lead to false suspicion of abuse and physicians violating patients' medical privacy.
* This bill demeans parental rights and medical privacy by requiring the Department of Health and Human Services to notify the primary care physician in cases of suspected child abuse, before the parents are actually convicted and deemed guilty of child abuse.
* This bill would have potentially unintended consequences of causing even a wrongly-accused parent to second guess bringing their child to the doctor after an accidental injury and may therefore increase risk of harm to a child.
Anti-libertyHB 121relative to the regulation of massage establishments.NAY OTP/A
Why
This bill requires licensure and inspection of massage establishments.
* Currently, massage therapists need to be licensed to work legally in New Hampshire. This bill will now require massage establishments to also obtain a license.
* New establishment fees are undefined and likely much more than an individual license.
* This will increase costs to small independent businesses both to obtain the new license as well as to allocate time to work with state inspectors. This will be a disproportionate burden on owner/operator establishments in that not only will they have to pay a new license fee but they may also have to cancel client appointments to work with the inspector.
* This bill allows license revocation or suspension if the licensee "Has engaged in illegal activity" (proposed RSA 328-B:8 VI.) which is subjective, overly broad, and does not require conviction before punishment.
Pro-libertyHB 133repealing the licensing requirement for open-air shows and repealing the laws related to the keeping of billiard tables.NAY ITL
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 144relative to changes in property assessments.YEA OTP/A
Why
This bill requires municipalities to notify the property owner of changes in the assessed value in cases where the property owner is unlikely to be aware of the change.
* This bill ensures that property owners are given timely notice for assessed value changes, allowing them the time to appeal changes that they believe to be in error. This will help ensure that property owners have ample time to address errors.
* The bill contains exemptions for cases in which the property owner is likely to be aware of ongoing reassessment such as changes in value as a result of issued building permits.
Pro-libertyHB 208relative to the justified use of deadly force upon another person.NAY ITL
Why
This bill would affirm the right of a person within their dwelling or property to utilize deadly force to protect another.
* This bill states that the use of force is justified when an assailant is likely to use unlawful force against another person in the commission of a felony within one's home or property. This is consistent with the New Hampshire Constitution: "Part 1 [Art.] 2-a. [The Bearing of Arms.] All persons have the right to keep and bear arms in defense of themselves, their families, their property and the state."
Anti-libertyHB 277establishing a commission to study a public option for health insurance.NAY OTP
Why
This bill establishes a commission to study methods of forcing some New Hampshire residents to fund services for other residents.
* According to the statement of intent, this commission pre-supposes that state-run health insurance would make healthcare insurance more affordable to the residents of New Hampshire and therefore only seeks to find the best way to utilize force to enact a new program.
* Elimination of state mandates or a moratorium on new state mandates on health insurance would be a better way to stem increasing health insurance costs.
Anti-libertyHB 293relative to employee credit privacy.NAY OTP
Why
This bill prohibits employers from using credit history in employment decisions.
* Employers are already required to get consent of an applicant before acquiring a credit report by federal law. This is not an invasion of privacy if consent is given (<a href=https://www.consumer.ftc.gov/articles/pdf-0096-fair-credit-reporting-act.pdf>www.consumer.ftc.gov/articles/pdf-0096-fair-credit-reporting-act.pdf</a>).
* Employers only get a modified variation of credit history. They do not see a credit score. An employer pulling this info has no effect on credit score (<a href=https://www.businessinsider.com/employers-cannot-check-your-credit-score-2014-5>www.businessinsider.com/employers-cannot-check-your-credit-score-2014-5</a>).
* Employers are already required to notify an applicant of failing to hire due to credit history. This provides the applicant the chance to review the credit history for incorrect information.
Pro-libertyHB 395relative to number plates for motor vehicles.NAY ITL
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.
* 20 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 a unique front plate as of 2012. Rear-plate-only vehicles are already on our roads.
Anti-libertyHB 466relative to the capacity of electricity customer generators for eligibility for net energy metering.NAY OTP
Why
This bill will increase costs to New Hampshire ratepayers by increasing the number of facilities that can sell power back to the grid at full retail cost (as opposed to the wholesale rates provided to other energy producers).
* Typical homeowner rooftop solar installations have a peak generation capacity of about 4 to 20 kilowatts (<a href=http://www.lightsonsolar.com/solar-basics-kw-and-kwh/>www.lightsonsolar.com/solar-basics-kw-and-kwh/</a>) while large commercial buildings may produce up to 100 kilowatts of peak output. Under current law these smaller systems of up to 100 kilowatts may sell excess energy back to the grid at full retail cost (as opposed to the typical wholesale price of more reliable generators). This bill increases the threshold for subsidized sale up to 500 kilowatts, dramatically increasing the number of sites that receive subsidy for power sale.
* This will increase the average cost of energy in the grid, which will be passed along to all New Hampshire ratepayers.
* These subsidies are not warranted, as solar proponents indicate that solar is now cheaper than fossil fuels (<a href=https://www.forbes.com/sites/energyinnovation/2018/12/03/plunging-prices-mean-building-new-renewable-energy-is-cheaper-than-running-existing-coal/#2945cfdb31f3>www.forbes.com/sites/energyinnovation/2018/12/03/plunging-prices-mean-building-new-renewable-energy-is-cheaper-than-running-existing-coal/#2945cfdb31f3</a>) so it is unclear why these highly profitable installations would require subsidy from other ratepayers.
Anti-libertyHB 471relative to indicating citizenship on drivers' licenses and nondrivers identification cards.YEA ITL
Why
This bill would force everyone who gets a drivers' license or nondrivers ID to unnecessarily prove their citizenship.
* This bill is a step in the wrong direction. There are already federal documents that are used for the purpose of determining US citizenship.
* There is no valid reason to force everyone who get a drivers' license or nondrivers ID to provide documentation of citizenship; it is an unnecessary requirement as it is not required to be a citizen in order to receive those cards. Furthermore, many might not have easy access to the required documents.
* Everyone who sees someone's license, whether a police officer, someone checking ID at a bar, or a cashier at a grocery store when a person is buying alcohol, would see this piece of information. This is a privacy violation and could easily be used to discriminate. It would also tend to divide and separate people as being in an 'in-class' or 'out-class'.
Anti-libertyHB 480relative to sports betting.NAY OTP/A
Why
This bill creates government-granted monopoly privileges.
* Selecting special interest agents 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 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 private sports gambling.
Anti-libertyHB 498prohibiting OHRV operation on class V ways.YEA ITL
Why
This bill would prohibit operation of OHRVs on all ways that the city or town has the duty to maintain regularly.
* Under existing RSA 215-A:15, city or town councils and boards of selectmen may authorize OHRV on class V city/town-maintained roads. This bill would remove that authority and replace it with a state-mandated ban on operation of these vehicles on these roads.
* We believe that government is most accountable and accessible when it is most local. Local control is generally preferable to state or national mandates.
Anti-libertyHB 514imposing a waiting period between the purchase and delivery of a firearm.NAY OTP/A
Why
This bill establishes a waiting period for the delivery of a firearm.
* This bill bans individuals, including those who already have firearms and women who have reason to fear an attacker, from purchasing a firearm without first waiting a minimum of 9 calendar days.
* Waiting periods make it more difficult for law-abiding citizens to defend themselves and as a result, encourage criminal activity.
* There is no statistical evidence that a waiting period for handgun purchases reduces violence (<a href=https://www.politifact.com/wisconsin/statements/2015/apr/27/van-wanggaard/no-evidence-waiting-period-handgun-purchases-reduc/>www.politifact.com/wisconsin/statements/2015/apr/27/van-wanggaard/no-evidence-waiting-period-handgun-purchases-reduc/</a>).
* The bill requires licensed firearms dealers to make their business records available for inspection by any law enforcement agency and there is no warrant requirement, violating the right to privacy under the New Hampshire Constitution Part 1, Article 2-b.
Anti-libertyHB 558restricting the distribution of plastic straws.NAY OTP/A
Why
This bill prohibits the distribution of plastic straws without an explicit request from the customer.
* By stating that the request must be explicitly from the customer, this bill leaves open to confusion whether a business may offer the straw in the absence of a request and therefore infringes on free speech.
* The bill is likely to increase CO2 emissons: many customers will pull away from a drive-through window at an establishment that only provides "on request" plastic straws, only to later find that they lack the ability to consume their beverage while on the road, requiring a return trip to the window.
* The majority committee blurb already indicates a path forward that does not require legislation — "Seacoast Sustainability is an alliance which includes restaurants that voluntarily follow this practice. One restaurant reported purchasing 35,000 plastic straws in 2017 and, after implementing the request policy, they bought only 1,200 plastic straws in 2018. Their customers were surveyed and had an overwhelmingly positive response to this decision."
Anti-libertyHB 560relative to single-use carryout bags.NAY OTP/A
Why
This bill bans single-use carry out bags, institutes price controls for other carry out bags, and mandates that businesses provide expensive multi-use bags to customers who make use of certain public welfare programs.
* Prohibiting retailers from providing plastic bags to customers is a violation of the rights of both retailers and their customers.
* This bill may harm the environment. Reusable cotton bags require reuse of more than 173 times before breaking even on the environmental impacts of single-use bags (<a href=https://terngoods.com/blogs/learn/reusable-vs-disposable-bags-whats-better-for-the-environment>terngoods.com/blogs/learn/reusable-vs-disposable-bags-whats-better-for-the-environment</a>).
* Thus, for people going shopping weekly, they would need to use a particular bag for well over 3 years without losing it or damaging it; otherwise, rather than helping the environment, the creation and use of the bag actually ended up harming it, which no one wants.
Anti-libertyHB 562relative to the state building code.NAY OTP/A
Why
This bill adopts revised building codes (international code 2015 vs. 2009) and expands the building code to incorporate swimming pool and spa code — it 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 revised building codes.
* 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-libertyHB 582relative to the regional greenhouse gas initiative cap and trade program for controlling carbon dioxide emissions.NAY OTP/A
Why
By eliminating the existing rebate to residential ratepayers, this bill increases a stealthy tax on New Hampshire 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 New Hampshire. 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.
* 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.
Anti-libertyHB 605relative to criminal penalties for possession, transfer, or manufacture of animal fighting paraphernalia with the intent to be present at, aiding in, or contributing to such fighting.NAY OTP
Why
This enables individuals to be charged with crimes who may in no way be participating in such crimes.
* Under New Hampshire RSA 644:8-a it is already a felony to engage in or promote exhibitions of animal fighting. This bill would expand the law to cover not only these acts but also to ban possession and sale or manufacture of equipment that have uses in both responsible pet ownership as well as in illegal animal fighting.
* While this ban seemingly requires proof of intent, the bar for intent set by this bill is low enough that innocent people run the risk of having to choose between an expensive legal battle and accepting a plea deal to simply move on with their lives.
* This bill states that "the proximity of the object in time and space to the direct violation of this section" can be used to determine intent. A person walking their young pit bull in a neighborhood while responsibly carrying an implement to "break" the bite of a tenacious dog early in its training could easily be caught up in an arrest if there is an animal fight in the area.
* This bill states that intent can be established when a person should reasonably know that an object they sell might facilitate a violation of this section. Someone selling "treatment supplies" must now always profile customers to decide if they may be using the supplies to treat an animal that may have been injured in an animal fight.
Anti-libertyHB 618relative to the definition of contracts relative to official ballot default budgets.NAY OTP
Why
This bill repeals the definition of contracts relative to official ballot default budgets, resulting in budget increases that have not been properly vetted by voters.
* This bill would allow contracts to include escalation clauses that have not been presented to voters in a prior warrant article.
* Under current law, if a proposed town budget fails and the default budget is activated, contracts continue at the same cost as the previous year unless a prior warrant article enumerated escalation amounts in subsequent budgets. This prevents governing bodies from hiding spending increases in the default budget in a manner that is not transparent to voters.
Anti-libertyHB 628relative to universal changing stations in certain places of public accommodation.NAY OTP/A
Why
This bill mandates universal changing stations for use by persons with physical disabilities to be
installed in places with the capacity to serve 1,500 or more persons per day.
* This bill would increase costs to small business of at least $12,000 (<a href=http://keeponmovin.org/awarded-12000-from-mceachern-trust-for-adolescent-adult-changing-table/>keeponmovin.org/awarded-12000-from-mceachern-trust-for-adolescent-adult-changing-table/</a>) to purchase and have installed a power height-adjustable changing table. While stadiums and rest areas are explicitly listed, the trigger for this mandate would be locations with the capacity to serve 1,500 or more persons per day. At this threshold even modest-sized high-traffic locations would trigger the mandate, increasing costs.
Anti-libertyHB 632relative to the education tax credit.NAY OTP
Why
This bill eliminates the Education Tax Credit (ETC) for businesses and individuals that voluntarily donate to fund scholarships for low- and moderate-income NH children.
* This bill increases the cost of education to local and state taxpayers — from the fiscal note: "The repeal of the ETC program may result in students attending a public school (traditional district or charter) that otherwise would have attended a non-public school or have been home educated. To the extent this occurs, local school district expenditures would increase (as early as FY 2020), as well as state expenditures".
* This bill eliminates family-empowered innovation in education. 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 the education market spurs innovation (e.g., online education, etc.). Having accountability rest directly on those who bear the consequences of a school's performance is superior to top-down regulatory accountability.
* Hundreds of families use these scholarships to access K-12 schools and for other education expenses that would otherwise be unaffordable, in order to best meet their child’s learning needs.
Anti-libertyHB 664relative to vehicle repair standards.NAY OTP/A
Why
This bill requires an insurer to reimburse an automobile repairer for all repairs if the repairer follows the original equipment manufacturer's recommended collision repair procedures.
* This bill will increase premiums for automobile insurance in New Hampshire by mandating reimbursement from insurance companies for all such recommendations made by original equipment manufacturers (OEM) that a repair shop intends to follow.
* This bill is mandating that OEM recommendations now be required repairs. There are differences between OEM recommendations versus requirements. Recommendations are not held to any standard and mostly include general indemnifying language. Required procedures are things that should or must be undertaken to ensure proper safety standards.
* This bill is classic crony capitalism that will provide an economic incentive for a repairer to complete steps that they do not believe to be necessary but that they know nevertheless they will be compensated for, without an obvious direct expense to their customer.
Pro-libertyHB 700relative to valuation of utility company assets for local property taxation.YEA OTP/A
Why
This bill establishes criteria for valuating utility property, which has suffered from widely varying assessments of similar property in different towns.
* Establishing clear and uniform criteria for utility assessments ensures uniform taxation throughout the state and reduces the risk and cost of continued lawsuits between the utilities and the municipalities.
Anti-libertyHB 703relative to providing notice of the introduction of new high-cost prescription drugs.NAY OTP/A
Why
This bill complicates the process for the introduction of potentially life-saving drugs to the marketplace.
* This bill would require prescription drug manufacturers to notify the New Hampshire insurance department in writing when introducing a new prescription drug at a wholesale cost that exceeds the threshold set for a specialty drug under the Medicare Part D program. When this is triggered, the manufacturer will be required to provide the state with data such as a description of the marketing and pricing plans for the drug. The state would then publish this information on its website quarterly.
* While this new mandate is only a small increase in regulatory costs for the deployment of a new drug, along with other regulatory complexity it will continue to put upward pressure on healthcare costs.
Anti-libertyHB 713(New Title) relative to transportation of pupils.NAY OTP
Why
This bill violates the New Hampshire Constitution by mandating expansion of bus transportation to children in kindergarten.
* The New Hampshire Constitution Part 1 [Art.] 28-a. [Mandated Programs.] indicates "The state shall not mandate or assign any new, expanded or modified programs or responsibilities to any political subdivision in such a way as to necessitate additional local expenditures by the political subdivision unless such programs or responsibilities are fully funded by the state or unless such programs or responsibilities are approved for funding by a vote of the local legislative body of the political subdivision." This bill clearly violates this article as it mandates an expanded program that will necessitate additional local expenditures.
Anti-libertyHB 717prohibiting prescription drug manufacturers from offering coupons or discounts to cover insurance copayments or deductibles.NAY OTP/A
Why
This bill prohibits individuals from utilizing coupons, discounts, or rebates from prescription drug manufacturers that would reduce their co-payment, while it retains the ability for state agencies to utilize these rebates.
* This bill would artificially limit consumer choice by prohibiting them from utilizing certain discounts or rebates when the FDA indicates that a generic drug is therapeutically equivalent and a lower-cost generic drug is covered under the individual's health insurance.
* While cheaper generics are often a good alternative, patients should be free to make decisions about their own health without interference from the state. The FDA has at times re-evaluated data and determined that previously approved generics are not in fact bio-equivalent. The lag from the emergence of scientific data to the change of official FDA position combined with the restrictions in this bill may needlessly force patients to knowingly risk using medication that their own personal experience and emerging science indicates is not effective (<a href=https://www.statnews.com/pharmalot/2016/10/24/generic-fda-concerta-adhd/>www.statnews.com/pharmalot/2016/10/24/generic-fda-concerta-adhd/</a>) and (<a href=http://fortune.com/2013/01/10/are-generics-really-the-same-as-branded-drugs/>fortune.com/2013/01/10/are-generics-really-the-same-as-branded-drugs/</a>).
* This bill would retain the ability of the state to make use of rebate options while prohibiting it for individuals.
Anti-libertySB 1relative to family and medical leave.NAY OTP
Why
This bill creates a new tax on employee wages of at least 0.5% to implement a new family medical leave program.
* 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.
* The commissioner of the Department of Employment Security will be empowered to raise the tax rate or lower the benefits, up to 10%, without legislative approval.
* There is a cap on benefits at 85% of the average salary, so workers who make over the average salary will be paying for benefits that they cannot collect and are disproportionately impacted by the legislation.
* The current short-term disability insurance market will be negatively impacted by government interference in the insurance marketplace.
* Long term, the fiscal note for the program estimates that the state of NH will need 43+ additional employees and $6.6 million per year that would need to be subsidized by the participants.

43 bills with no position.

Read the full Gold Standard

Thursday, March 14, 2019 · House · 14 positions

Anti-libertyCACR 10relating to a state income tax. Providing that revenue from any state income tax shall be returned to the cities, towns, school districts, and counties to assist in property tax relief.YEA ITL
Why
This bill provides misleading voter's guide information for a constitutional amendment that attempts to limit how future income tax proceeds would be spent.
* This proposed constitutional amendment states that "any personal income tax enacted in the state shall be returned to the cities, towns, school districts, and counties to assist in property tax relief." while the voter instructions state that "if an income tax is ever enacted, the revenue from it would be used only to reduce property taxes." There is no guarantee in the amendment that the total property tax bill would be less than a prior tax bill — simply that the funding 'would assist in relief', which could be interpreted as offsetting a planned increase in total spending enabled by the new tax.
Pro-libertyCACR 11relating to taxes. Providing that a broad-based sales tax shall be prohibited.NAY ITL
Why
This CACR would modify the Constitution to prevent the adoption of any new sales taxes.
* New Hampshire has a strong economy based on not collecting sales taxes. Business at the borders with other states would be hurt if a long-term sales tax were adopted.
* Sales taxes disproportionately impact lower income families, as a larger portion of their income is spent directly on products within the state.
* New Hampshire derives much of its income from tourism. Allowing a sales tax would negatively impact our tourism.
Pro-libertyCACR 12relating to taxes. Providing that an income tax on personal income shall be prohibited.NAY ITL
Why
This CACR would modify the Constitution to prevent the adoption of an income tax.
* Taxation of earnings from labor is on a par with forced labor.
* Allowing citizens to keep more of their money would benefit those who want to work harder and earn more.
* New Hampshire has a well-established brand identity as a non-income, non-sales tax state. Establishing in the Constitution the prohibition on an income tax would incentivize companies to locate in New Hampshire to take advantage of this provision. This would increase economic activity in the state.
Anti-libertyHB 132relative to net neutrality.YEA ITL
Why
This bill seeks to control network management policies of private internet service providers.
* According to the fiscal note, this bill would spend more than a half a million dollars per year of taxpayer funds to evaluate and enforce compliance, and this does not even consider the costs to New Hampshire businesses to service the regulatory infrastructure that the bill creates.
* The New Hampshire Department of Information Technology interprets the bill as requiring ISPs to operate under net neutrality principles in order to do business in the state and also to be eligible to be awarded contracts by the state.
* A year after the end of net neutrality at the federal level, internet speeds as measured by independent agents are more than 35% faster (<a href=https://www.recode.net/2018/12/12/18134899/internet-broafband-faster-ookla>www.recode.net/2018/12/12/18134899/internet-broafband-faster-ookla</a>).
Anti-libertyHB 166relative to funding energy efficiency programs.NAY OTP
Why
This bill repeals the requirement for legislative approval for increases to the system benefits charge, allowing the Public Utilities Commission to approve fee increases when such fees are used to fund wealth transfer programs.
* NH residents should not be subject to further increases to the systems benefits charge without approval of elected representatives.
Anti-libertyHB 186establishing a state minimum wage and providing for adjustments to the minimum wage.NAY OTP/A
Why
This bill establishes a state-dictated minimum wage.
* Minimum wage laws decrease the number of entry-level jobs and make it harder for people of low skill to get their start in the workforce.
* Higher wages for everyone are better accomplished through job creation — more jobs means more competition to hire all workers.
* Employers and employees should be free to negotiate the terms of employment without interference.
* The very idea of a minimum wage is patronizing and demeaning as it implies that individuals don't know how much they're worth and are incapable of negotiating with an employer.
Anti-libertyHB 198repealing the prohibition on texting while driving.NAY OTP/A
Why
This bill, as amended, increases the penalties imposed for violations of the prohibition against using mobile electronic devices while driving.
* The original bill sought to clean up the RSAs by removing an old RSA involving prohibiting text messaging specifically, which is now redundant with the general mobile-device-while-driving ban.
* The amended version still does that, but in addition severely raises the fines for such usage, as well as possibly suspending someone's license for a second offense.
* Handheld phone bans cause some drivers to hide their phone use by placing the phone in their lap and taking their eyes off the road, which is far more dangerous. Increasing the fines will only incentivize them even further to try to hide usage.
* Studies show that bans on use of handheld devices while driving have had no effect on accident rates (e.g. NE Burger, DT Kaffine, B Yu Transportation research part A: policy and practice 66, 162-172, and IIHS Status Report, Vol. 45, No. 2).
* Vote NAY on the adoption of amendment 2019-0412h, and NAY OTP/A if the amendment does get adopted. If the amendment is defeated, vote YEA OTP on the original bill.
Anti-libertyHB 230prohibiting smoking in motor vehicles when a passenger is under 16 years of age.YEA ITL
Why
This unenforceable bill gives police officers an excuse to pull drivers over.
* This bill is unenforceable; since minors don't carry ID, there is no way an officer could tell what their age is.
* Interactions between police officers and private individuals should be minimized, not encouraged. At best traffic stops take valuable time away from already time-strapped, hard-working individuals. At worst, since situations can escalate out of control, they could end in arrest for completely unrelated reasons.
* With this bill, somebody could be pulled over for vaping, even though studies show that vaping is a safer alternative to traditional tobacco cigarettes and has a very low risk factor to public health and safety (<a href=https://bmcpublichealth.biomedcentral.com/articles/10.1186/1471-2458-14-18#Sec17>bmcpublichealth.biomedcentral.com/articles/10.1186/1471-2458-14-18#Sec17</a>). The bill only mentions the smoking of "tobacco products" and does not differentiate vaping from cigarettes. An officer could even pull someone over just for seeing water vapor in the car, even if the person is vaping a tobacco-free solution.
Pro-libertyHB 395relative to number plates for motor vehicles.NAY ITL
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.
* 20 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 a unique front plate as of 2012. Rear-plate-only vehicles are already on our roads.
Pro-libertyHB 469relative to limiting amendments to warrant articles in towns that have adopted official ballot voting.NAY ITL
Why
This bill assures that the intention of a warrant article in an SB2 town will not be changed by amendment.
* Changes made to a petitioned warrant article by a small minority that subvert its intent are disrespectful and discouraging to those who make an effort to participate in the process.
Pro-libertyHB 477relative to allowance sales under the New Hampshire regional greenhouse gas initiative program.NAY ITL
Why
This bill would rebate all funds from auction proceeds deposited into the Energy Efficiency Fund back to New Hampshire ratepayers.
* 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.
* Reducing the effective electricity rate, as this bill does, will reduce overhead to NH businesses and help attract new business.
Anti-libertyHB 537relative to the release of motor vehicle records.NAY OTP
Why
This bill allows the commissioner of motor vehicles to release personal information to the public.
* The authority given to the commissioner in this bill is extraordinarily broad and intrusive. It would allow the commissioner of motor vehicles to release to the public any person's name, age, height, weight, eye color, photograph, or computerized image at the commissioner's discretion.
Anti-libertyHB 592relative to OHRV operation and license.NAY OTP
Why
This bill repeals a provision of the OHRV statute that allows those 12 and older to travel on the road where permitted.
* The current law allows younger drivers to develop their skill while under adult supervision after having successfully completed an approved snowmobile or OHRV training program. This bill would remove that liberty and result in a situation where a young person is legally able to drive a motor vehicle under adult supervision as part of the training toward getting a license but would be prohibited from operating an OHRV.
* OHRV riding is an important piece of the economic puzzle in the north country; any imposed contraction will be harmful.
Pro-libertyHB 597relative to sales of beverages and wine hosted by other licensees.YEA OTP
Why
This bill gives New Hampshire wine makers and nano-breweries the option to sell their products at other licensed locations.
* This bill would allow a New Hampshire wine maker who serves consumers at their facility to invite a New Hampshire nano-brewery to sell and/or sample their products at the wine maker’s location for a day. It would also allow nano-breweries to enter into a similar arrangement with a winemaker. This would slightly lessen existing restrictions on businesses and provide for greater consumer flexibility.
* This bill requires businesses who would like to exercise this new option to pay an annual fee of $120. While businesses should not be forced to pay additional fees for the right to transact with willing customers, this bill does represent a small improvement over the existing prohibition on this activity.

20 bills with no position.

Read the full Gold Standard

Thursday, March 14, 2019 · Senate · 14 positions

Anti-libertySB 135relative to the rates of the business profits tax and the business enterprise tax.NAY OTP
Why
This bill repeals and defers scheduled reductions in the business profits tax and business enterprise tax.
* NH's ability to attract new businesses and retain existing businesses is vital to the health of our economy. High business tax rates impede NH's ability to attract and retain businesses. Low unemployment benefits everyone.
* When profits are not heavily taxed they can be re-invested to hire more staff, create more robust research and development, or invested in capital equipment.
* Enterprise taxes are a tax on compensation. Lowering these taxes directly enables businesses to increase compensation to employees.
Anti-libertySB 15making an appropriation to the affordable housing fund.NAY OTP
Why
This bill allocates $10 million to provide financing and state matching funds for state-sponsored housing projects in 2020 and an additional $5 million for each year thereafter.
* The projects as defined by RSA 204-C:57 needlessly encourage the creation of high density low-income housing that crowds out other affordable housing options and raises artificial barriers that families must cross in order to distinguish themselves from those who do not strive for improved wages and living conditions.
* Concentrating poor or low-income people in a small area, whether in the projects or due to the fact that only certain housing providers are willing and able to accept payment through welfare programs, creates unintended negative side effects such as crime, lack of social cohesion, and poor examples for children, affecting their future income potential (<a href=https://object.cato.org/sites/cato.org/files/pubs/pdf/pa773.pdf>https://object.cato.org/sites/cato.org/files/pubs/pdf/pa773.pdf</a> pages 9 & 10).
Anti-libertySB 170making an appropriation to fund the cross border drug interdiction program.YEA ITL
Why
This bill allocates funds to hire five state troopers to exclusively perform drug interdiction work.
* The War on Drugs has clearly failed; heroin was first federally regulated more than 100 years ago, yet is still beyond the control of governance even today. While it is tempting to look at the lists of arrests week after week in the paper and think we are just one more arrest from a solution, it is clear that the additional spending-and-enforcement approach is a failure.
* As with most government programs, once the new positions are created there will be significant pressure to retain the positions and their subsequent pension costs after the current "crisis" is over. This will likely result in more long-term spending than the fiscal note implies.
* "The available scientific evidence suggests… that drug-related violence and high homicide rates are likely a natural consequence of drug prohibition and that increasingly sophisticated and well-resourced methods of disrupting drug distribution networks may unintentionally increase violence. From an evidence-based public policy perspective, gun violence and the enrichment of organized crime networks appear to be natural consequences of drug prohibition..." (International Centre for Science in Drug Policy at <a href=http://www.countthecosts.org/sites/default/ICSDP-1%20-%20FINAL.pdf>www.countthecosts.org/sites/default/ICSDP-1%20-%20FINAL.pdf</a>)
* The Department of Safety reports the appropriated sum in this bill for the hiring of five state troopers does not fully fund the estimated costs for five troopers.
Anti-libertySB 199requiring teachers to have training in suicide and bullying awareness and prevention.YEA ITL
Why
This bill requires the state board of education to adopt rules requiring annual training in suicide awareness and prevention for teachers and administrators while providing no funding for the new mandate.
* Suicide is a tragic, but rare, occurrence and mandating that almost all school personnel spend two hours every year learning how to detect and prevent such tragedies is another piece of "feel good" legislation that will do nothing to solve a complex problem.
* Teachers are employed in schools to teach, not become psychologists; schools already have counselors to work with troubled children.
* This bill will be a boon for the training and certification industrial complex, but for teachers and other school personnel will be just another administrative burden to fulfill.
* The New Hampshire Constitution Part 1 [Art.] 28-a. [Mandated Programs.] states "The state shall not mandate or assign any new, expanded or modified programs or responsibilities to any political subdivision in such a way as to necessitate additional local expenditures by the political subdivision unless such programs or responsibilities are fully funded by the state or unless such programs or responsibilities are approved for funding by a vote of the local legislative body of the political subdivision.". This bill represents an unfunded mandate on local districts.
Anti-libertySB 231promoting truth in political advertising.YEA ITL
Why
This bill imposes a monetary fine for a finding of "materially false" speech by a candidate or political entity as determined by a partisan legislative committee.
* Though the bill makes the claim that it is not infringing upon freedom of speech as protected by 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), simply asserting that this is not an infringement but is rather a consequence does not change the fact that this law will have a chilling effect on political speech.
* This bill dramatically expands the scope of the Legislative Ethics committee to potentially have power over persons or entities who are not members of the general court (III. If a ruling of "materially false" is issued by the committee, the candidate or political entity whose name is provided on the advertising shall be assessed a fine equal to the cost of production and publication of the false advertisement.).
Anti-libertySB 234establishing the position of director of the office of outdoor recreation industry development in the department of business and economic affairs.NAY OTP/A
Why
This bill creates a new state government office and position of director of outdoor recreation.
* New Hampshire has gone 243 years without an Office of Outdoor Recreation Industry Development, but yet now in 2019, even as the legislature expresses concern about property tax rates, this bill proposes that we are in need of this new office and position. While the costs for the new office and position are initially small, each new state government office builds its own constituency that seeks to expand budgets in future years.
Anti-libertySB 249including the legislature as a public employer under the public employee labor relations act.NAY OTP
Why
This bill would make the legislature less able to respond to the will of the people.
* This bill establishes the legislature as a public employer under the Public Employee Labor Relations Act and provides procedures for collective bargaining by a defined group of legislative employees. The legislative branch is a political body and the leadership of both chambers and all political parties must have the option of having the people around them that support representing the positions of the voters who elected them.
* The legislature would be required to negotiate "terms and conditions" of employment for these employees which would potentially place restrictions on staff changes for future legislatures.
Anti-libertySB 253relative to statewide deployment of a real-time threat notification system for schools.YEA ITL
Why
This bill spends $2 million per year to replicate the capabilities of a cell phone.
* This bill creates a new statewide system for the purpose of allowing school personnel to notify law enforcement officials directly in the event of a direct threat against a school community. While a "batphone" may have made sense in the 1970's, this replicates capabilities that most faculty and many students already have to call 911.
* Faculty and students already know how to use their cell phones and are regularly testing them. This single-purpose system would generally be unused and as a result would have a higher risk of failure when it might be needed most.
* Although this bill is recommended as rerefer, a motion of ITL is the most appropriate path forward.
Anti-libertySB 266relative to funding for kindergarten pupils, keno revenues, and school building aid.NAY OTP/A
Why
This bill spends more than $9 million of additional taxpayer money on an unproven mandate that may harm as many children as it helps.
* Research indicates that half-day kindergarten is beneficial, but concludes all-day kindergarten is too long, robs children of valuable free play, and is counterproductive (<a href=https://www.washingtonpost.com/news/answer-sheet/wp/2015/08/17/why-pushing-kids-to-learn-too-much-too-soon-is-counterproductive/?noredirect=on&utm_term=.01b75ee7836d>www.washingtonpost.com/news/answer-sheet/wp/2015/08/17/why-pushing-kids-to-learn-too-much-too-soon-is-counterproductive/?noredirect=on&utm_term=.01b75ee7836d</a>).
* Full-day kindergarten will compete with hundreds of small private businesses that are already providing these services without cost to the taxpayer.
* Studies have shown that accelerating education in young boys has potential long-term disadvantages, especially in the ability to focus at later ages. Delaying kindergarten for one year reduced inattention and hyperactivity by 73% for an average child at age 11, and it virtually eliminated the probability that an average child at that age would have an abnormal or higher-than-normal rating for the inattentive-hyperactive behavioral measure (<a href=https://ed.stanford.edu/news/stanford-gse-research-finds-strong-evidence-mental-health-benefits-delaying-kindergarten>ed.stanford.edu/news/stanford-gse-research-finds-strong-evidence-mental-health-benefits-delaying-kindergarten</a>).
Anti-libertySB 271relative to requiring prevailing wages on state-funded public works projects.NAY OTP/A
Why
This bill mandates federally-determined prevailing minimum wages on state-funded public works projects.
* This bill would impose significant additional recordkeeping and weekly reporting requirements for contractors supporting state projects. These increased overhead costs, which are not directly represented by the fiscal note, would ultimately be borne as additional costs to the taxpayer.
* The bill mirrors similar federal legislation (Davis Bacon Act) which was passed with the deliberate intent to prevent non-unionized, less established, minority laborers from competing with established, unionized, white workers during the depression. While times have changed and the intent of this bill may be somewhat different, the effect will still be to dramatically increase the risk and/or cost of employing workers with potential for growth but with lower demonstrated skill level.
* Small firms may not have the personnel to absorb compliance overhead costs. This bill would have the effect of biasing state contracts toward larger/established firms.
Anti-libertySB 279relative to access to fertility care.NAY OTP/A
Why
This bill mandates new coverage for health insurance, driving up rates for everyone, and will require funding of expensive treatments from the state's general fund for those purchasing coverage on the ACA marketplace.
* In 2018 the average annual premium for employer-based family coverage rose 5 percent, outpacing inflation (<a href=http://www.ncsl.org/research/health/health-insurance-premiums.aspx>www.ncsl.org/research/health/health-insurance-premiums.aspx</a>). Part of the reason for the increase is continued increases in state-mandated services such as those included in this bill that would require coverage of expensive in vitro fertilization and cryopreservation for a period of 5 years from the time of each cryopreservation.
* The federal ACA law specifies that the cost of newly-enacted mandates associated with coverage through the exchange must be borne by the state. According to the fiscal note: "The Department assumes that the costs associated with artificial insemination services and assisted reproductive technologies, as well as the costs of the diagnostics tests and drugs to support the same, for exchange products, would be borne by the State's general fund."
Anti-libertySB 282relative to suicide prevention education in schools.NAY OTP/A
Why
This bill requires each public school to develop a plan to train staff, volunteers, and students on suicide prevention tactics.
* Suicide is a tragic, but rare, occurrence and mandating that faculty, staff, school volunteers, and students receive training is another piece of "feel good" legislation that will do nothing to solve a complex problem.
* Local school districts already have the ability to adopt programs such as this without a state mandate.
* The New Hampshire Constitution Part 1 [Art.] 28-a. [Mandated Programs.] states "The state shall not mandate or assign any new, expanded or modified programs or responsibilities to any political subdivision in such a way as to necessitate additional local expenditures by the political subdivision unless such programs or responsibilities are fully funded by the state or unless such programs or responsibilities are approved for funding by a vote of the local legislative body of the political subdivision.". This bill represents an unfunded mandate on local districts.
Anti-libertySB 301relative to the rates of the business profits tax and business enterprise tax, and relative to revenue sharing with cities and towns.NAY OTP
Why
This bill repeals scheduled reductions in the business profits tax and business enterprise tax.
* NH's ability to attract new businesses and retain existing businesses is vital to the health of our economy. High business tax rates impede NH's ability to attract and retain businesses. Low unemployment benefits everyone.
* When profits are not heavily taxed they can be re-invested to hire more staff, create more robust research and development, or invested in capital equipment.
* Enterprise taxes are a tax on compensation. Lowering these taxes directly enables businesses to increase compensation to employees.
Anti-libertySB 304relative to campaign contributions and expenditures, and making an appropriation therefor.YEA ITL
Why
This bill establishes public campaign financing for eligible candidates for governor and councilor.
* Taxpayers should not be forced to pay for the campaign activities of any candidate, particularly those with whom they vigorously disagree.
* While the recommendation is rerefer and this is acceptable, the appropriate motion on this bill is ITL.

54 bills with no position.

Read the full Gold Standard

Thursday, March 7, 2019 · House · 20 positions

Anti-libertyCACR 10relating to a state income tax. Providing that revenue from any state income tax shall be returned to the cities, towns, school districts, and counties to assist in property tax relief.YEA ITL
Why
This bill provides misleading voter's guide information for a constitutional amendment that attempts to limit how future income tax proceeds would be spent.
* This proposed constitutional amendment states that "any personal income tax enacted in the state shall be returned to the cities, towns, school districts, and counties to assist in property tax relief." while the voter instructions state that "if an income tax is ever enacted, the revenue from it would be used only to reduce property taxes." There is no guarantee in the amendment that the total property tax bill would be less than a prior tax bill — simply that the funding 'would assist in relief', which could be interpreted as offsetting a planned increase in total spending enabled by the new tax.
Pro-libertyCACR 11relating to taxes. Providing that a broad-based sales tax shall be prohibited.NAY ITL
Why
This CACR would modify the Constitution to prevent the adoption of any new sales taxes.
* New Hampshire has a strong economy based on not collecting sales taxes. Business at the borders with other states would be hurt if a long-term sales tax were adopted.
* Sales taxes disproportionally impact lower income families, as a larger portion of their income is spent directly on products within the state.
* New Hampshire derives much of its income from tourism. Allowing a sales tax would negatively impact our tourism.
Pro-libertyCACR 12relating to taxes. Providing that an income tax on personal income shall be prohibited.NAY ITL
Why
This CACR would modify the Constitution to prevent the adoption of an income tax.
* Taxation of earnings from labor is on a par with forced labor.
* Allowing citizens to keep more of their money would benefit those who want to work harder and earn more.
* New Hampshire has a well-established brand identity as a non-income, non-sales tax state. Establishing in the Constitution the prohibition on an income tax would incentivize companies to locate in New Hampshire to take advantage of this provision. This would increase business revenue to the state.
Pro-libertyHB 153relative to circumstances under which police officer disciplinary records shall be public documents.YEA OTP/A
Why
This bill makes certain disciplinary records concerning law enforcement officers which have been finally adjudicated subject to the Right-to-Know Law.
* This bill affirms the right of inhabitants to obtain adjudicated disciplinary records for law enforcement officers. Disclosure would be allowed for records relating to police discharge of a firearm that led to serious injury or death.
* It would also permit disclosure of disciplinary records, after final adjudication, if a law enforcement officer has been found guilty of sexual assault or a sustained finding of dishonesty including perjury, false statements, filing false reports, destruction, or falsifying or concealing evidence.
* Public employees who hold extraordinary powers combined with immunities must be held to high standards.
Anti-libertyHB 166relative to funding energy efficiency programs.NAY OTP
Why
This bill repeals the requirement for legislative approval for increases to the system benefits charge, allowing the Public Utilities Commission to approve fee increases when such fees are used to fund wealth transfer programs.
* NH residents should not be subject to further increases to the systems benefits charge without approval of elected representatives.
Anti-libertyHB 198repealing the prohibition on texting while driving.NAY OTP/A
Why
This bill, as amended, increases the penalties imposed for violations of the prohibition against using mobile electronic devices while driving.
* The original bill sought to clean up the RSAs by removing an old RSA involving prohibiting text messaging specifically, which is now redundant with the general mobile-device-while-driving ban.
* The amended version still does that, but in addition severely raises the fines for such usage, as well as possibly suspending someone's license for a second offense.
* Handheld phone bans cause some drivers to hide their phone use, by placing the phone in their lap and taking their eyes off the road, which is far more dangerous. Increasing the fines will only incentivize them even further to try to hide them.
* Studies show that bans on use of handheld devices while driving have had no effect on accident rates (e.g. NE Burger, DT Kaffine, B Yu Transportation research part A: policy and practice 66, 162-172, and IIHS Status Report, Vol. 45, No. 2).
* Vote NAY on the adoption of amendment 2019-0412h, and NAY OTP/A if the amendment does get adopted. If the amendment is defeated, vote YEA OTP on the original bill.
Anti-libertyHB 230prohibiting smoking in motor vehicles when a passenger is under 16 years of age.YEA ITL
Why
This unenforceable bill gives police officers an excuse to pull drivers over.
* This bill is unenforceable; since minors don't carry ID, there is no way an officer could tell what their age is.
* Interactions between police officers and private individuals should be minimized, not encouraged. At best traffic stops take valuable time away from already time-strapped, hard-working individuals. At worst, since situations can escalate out of control, they could end in arrest for completely unrelated reasons.
* With this bill, somebody could be pulled over for vaping, even though studies show that vaping is a safer alternative to traditional tobacco cigarettes and has a very low risk factor to public health and safety (<a href=https://bmcpublichealth.biomedcentral.com/articles/10.1186/1471-2458-14-18#Sec17>bmcpublichealth.biomedcentral.com/articles/10.1186/1471-2458-14-18#Sec17</a>). The bill only mentions the smoking of "tobacco products" and does not differentiate vaping from cigarettes. An officer could even pull someone over just for seeing water vapor in the car, even if the person is vaping a tobacco-free solution.
Pro-libertyHB 249permitting restaurant owners to allow dogs in restaurants.NAY ITL
Why
This bill permits restaurant owners to allow all dogs in restaurants.
* Restaurant owners should be able to establish their own animal policies/rules on their private property.
* Restaurant patrons will be made aware of any animal policies via signs on location. At that point, they can make the choice to visit the establishment or not.
* By only allowing service animals, we are providing legal protections for only a certain group of people. This could be abused as restaurant owners on their private property are not legally allowed to ask for service animal documentation.
Pro-libertyHB 275relative to school nurse certification.YEA OTP
Why
This bill returns the minimum qualifications for a school nurse to simply being a registered professional nurse currently licensed in New Hampshire.
* The broad expansion of certification requirements passed in 2016 is an unfunded mandate that places financial and other burdens on school districts. This bill will reduce costs by removing artificial barriers to entry for qualified medical professionals.
Anti-libertyHB 359relative to warning labels on prescription drugs containing opiates.NAY OTP/A
Why
The bill requires pharmacists and pharmacies to use a new red warning label for any prescription containing opiates.
* This bill increases regulation on an already heavily-regulated pharmaceutical industry.
* Patients taking opiates already know they're taking opiates. The new highly visible warning label will ensure everyone else knows they're taking opiates as well — reducing privacy for patients.
* Doctors and pharmacists should be telling patients the risks of opiates, not relying on warning labels that simply add to the visual clutter on the bottles.
Pro-libertyHB 364permitting qualifying patients and designated caregivers to cultivate cannabis for therapeutic use.YEA OTP/A
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 395relative to number plates for motor vehicles.NAY ITL
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.
* 20 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 a unique front plate as of 2012. Rear-plate-only vehicles are already on our roads.
Pro-libertyHB 455relative to the penalty for capital murder.YEA OTP
Why
This bill changes the penalty for capital murder to life imprisonment without the possibility for parole.
*Long-term incarceration costs NH taxpayers less than the death penalty.
*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.
Pro-libertyHB 473allowing hobby distillation of liquors.NAY ITL
Why
This bill would lessen state restrictions on hobby distillation by removing the state restrictions for limited liquor produced from beer or wine.
* While this change would not affect federal law, there is no compelling reason for New Hampshire law to help uphold unwise federal laws.
* Home distilling would be legal in at least 8 states, including Massachusetts and Maine, if not for federal restrictions (<a href=https://hobbydistillersassociation.org/state-laws-by-state.html>https://hobbydistillersassociation.org/state-laws-by-state.html</a>).
* New Hampshire has already legalized medical cannabis and may legalize cannabis this term without a corresponding change in federal law. Given that the federal restrictions on cannabis are significantly more restrictive than distillation, it makes little sense to retain a state restriction on this process over concerns that it will still remain illegal at the federal level.
Pro-libertyHB 477relative to allowance sales under the New Hampshire regional greenhouse gas initiative program.NAY ITL
Why
This bill would rebate all funds from auction proceeds deposited into the Energy Efficiency Fund back to New Hampshire ratepayers.
* 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.
* Reducing the effective electricity rate, as this bill does, will reduce overhead to NH businesses and help attract new business.
Pro-libertyHB 486relative to department of corrections procedures concerning the requirement for restoration of the voting rights of felons.YEA OTP/A
Why
This bill requires that probation-parole officers receive instruction on the current state of the law regarding the rights of individuals who have attained final discharge of their sentence. This bill defines final discharge. It clarifies that someone on probation or parole meets the definition of final discharge.
*This bill increases the accountability of probation and parole officers.
*This bill protects individual voting rights by defining final discharge as the release of a prisoner from incarceration. This includes a person who is on probation or parole.
Anti-libertyHB 511relative to vaping.NAY OTP/A
Why
This bill adds vaping to the indoor smoking ban and adds vaping to the law prohibiting youth access to and use of tobacco products.
* Private property owners should be able to decide if they will allow or prohibit vaping inside their establishment.
* Studies show that e-cigarettes are a safer alternative to traditional tobacco cigarettes and have a very low risk factor to public health and safety. A 2014 study found that "Even when compared to workplace standards for involuntary exposures, and using several conservative (erring on the side of caution) assumptions, the exposures from using e-cigarettes fall well below the threshold for concern for compounds with known toxicity."
(<a href=https://bmcpublichealth.biomedcentral.com/articles/10.1186/1471-2458-14-18#Sec17>bmcpublichealth.biomedcentral.com/articles/10.1186/1471-2458-14-18#Sec17</a>).
* There are approximately 50 vaping stores currently in New Hampshire. Adding vaping to the indoor smoking ban will have a negative impact on small business in New Hampshire.
Pro-libertyHB 545prohibiting law enforcement officers from questioning a minor at school without a parent or guardian present.NAY ITL
Why
This bill prohibits law enforcement officers from questioning a minor on school property without a parent or guardian present.
* Children may be more prone to false confessions and not understanding their rights. This is particularly a risk when the child is in a school setting where they might normally have an expectation that the adults in the school have their best interests at heart. Children and teens are more prone to giving false confessions than adults, falling prey to the legal high-pressure, manipulative, and deceptive interrogation techniques that may be employed in an attempt to identify a guilty party.
* According to the National Registry of Exonerations, in the last 25 years, 38% of exonerations for crimes allegedly committed by youth under 18 years of age involved false confessions, compared with 11% for adults (<a href=https://www.innocenceproject.org/false-confessions-more-prevalent-among-teens/>www.innocenceproject.org/false-confessions-more-prevalent-among-teens/</a>).
* Minors are not aware of their constitutional protections and therefore might say something that could be held against them.
* Society has established that age 18 is the age at which someone is mature enough to make responsible decisions, enter into contracts, etc. For example, tanning is prohibited until age 18 under 313-A:31 Tanning of Minors Prohibited.
* A minor might not know that they should have an attorney present for any questioning.
Anti-libertyHB 556allowing municipalities to process absentee ballots prior to election day.NAY OTP/A
Why
This bill would allow absentee ballots to be opened and counted prior to the election.
* This bill would undermine public confidence in elections and reduce the ability for NH citizens to hold the government accountable.
* NH citizens are currently allowed to be observers and challengers in the absentee ballot processing procedure. This bill significantly impacts the ability for citizens to observe the process due to the limited notice that is required for announcing an intent to count ballots ahead of election day.
Pro-libertyHB 622prohibiting collective bargaining agreements that require employees to join or contribute to a labor union.NAY ITL
Why
This bill prohibits collective bargaining agreements that require employees to join or contribute to a labor union and prohibits coercion and intimidation intended to compel an employee to join, affiliate with, or financially support a labor organization or to refrain from doing so.
* The federal National Labor Relations Act (NLRA) contains several coercive mechanisms that infringe upon the rights of workers and business owners. Among these are section 9a which mandates exclusive representation by a single union and mandates that the union representative is given opportunity to be present at grievance adjustment between employers and employees even if the employee does not wish that the representative is present. In addition, it forces employers to recognize and bargain collectively with unions following a majority vote of their workforces.
* Right-to-work is the only way currently permitted under federal law to restore some of the freedom of dissenting workers and their employers to withhold support from unions with whom they disagree. While this bill interferes with freedom of contract, it does so in a way intended to remedy current, more egregious limitations of freedom of contract.
* Public sector collective bargaining is often more harmful than private sector collective bargaining because taxpayers are not directly represented in negotiations. “It is impossible to bargain collectively with the government,” said Franklin D. Roosevelt, who opposed public sector unions. Public sector right-to-work reduces union density in government and reduces government spending and taxes (Ichniowski & Zax 1991).

39 bills with no position.

Read the full Gold Standard

Thursday, March 7, 2019 · Senate · 13 positions

Anti-libertySB 161relative to the definition of pet vendor.NAY OTP/A
Why
This bill increases the risk of pet abandonment and potentially subjects individuals to commercial license requirements for non-commercial hobbyist activity.
* This bill would require individuals who transfer a pet they can no longer care for to obtain vaccinations (and a certificate in triplicate) from a veterinarian prior to the transfer.
* This bill grants the authority to the Department of Agriculture, Markets, and Food to adopt rules that could result in an individual who transfers reptiles from just one litter or clutch being treated as a pet vendor subject to commercial license requirements and unannounced home inspections.
Pro-libertySB 191relative to exemptions for the tax on interest and dividends.NAY ITL
Why
This bill increases the amount of additional exemptions against the tax on interest and dividends for the blind, disabled, and persons over 65.
* Elderly and/or retired persons are disproportionately impacted by the interest and dividends tax as they often rely on a lifetime of savings to provide a regular income stream. While elimination of this tax or a broad-based increase in the exemptions for all residents would be an improvement over this bill, these exemptions would be a useful step forward for New Hampshire.
Pro-libertySB 237relative to the office of cost containment.YEA OTP
Why
This bill modifies existing law that requires defendants to reimburse the costs of a public defender or assigned counsel so that repayment obligation applies only to a defendant who has been convicted or a juvenile who has been found delinquent.
* Defendants who are charged with crimes and subsequently not convicted should not have to bear the expense of defending themselves against the state.
Anti-libertySB 248increasing the age for sales and possession of tobacco products.YEA ITL
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.
* While this bill has a recommendation of re-refer, the appropriate path forward is to find this bill Inexpedient To Legislate.
Anti-libertySB 265relative to maintaining stabilization grants at the current level.NAY OTP/A
Why
This bill reverses the common-sense slow reduction in education stabilization grants, which is part of current law, intended to allow communities time to adapt to changes in the education funding formulas.
* According to a study by the Josiah Bartlett Center for Public Policy, between the 1992 and 2014 fiscal years, real spending per student in New Hampshire public schools increased by 56 percent, with student enrollment growing by only 4 percent.
* During that same interval the number of teachers increased by 29 percent, while the number of non-teaching staff positions increased by 89 percent — 22 times the rate needed to accommodate student growth.
Anti-libertySB 309relative to stabilization grants for education.NAY OTP/A
Why
This bill reverses the common-sense slow reduction in education stabilization grants, which is part of current law, intended to allow communities time to adapt to changes in the education funding formulas.
* According to a study by the Josiah Bartlett Center for Public Policy, between the 1992 and 2014 fiscal years, real spending per student in New Hampshire public schools increased by 56 percent, with student enrollment growing by only 4 percent.
* During that same interval the number of teachers increased by 29 percent, while the number of non-teaching staff positions increased by 89 percent — 22 times the rate needed to accommodate student growth.
Anti-libertySB 310relative to casino gambling.YEA ITL
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.
Pro-libertySB 34relative to the applicability of certain DWI prohibitions.YEA OTP/A
Why
This bill clarifies the definition of "drive or attempt to drive" in DWI prohibitions.
* 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.
Pro-libertySB 57relative to phasing out and repealing the utility property tax.NAY ITL
Why
This bill eliminates a $42 million annual tax over five years.
* This bill phases out a hidden tax that is passed through to NH utility customers over a period of five years. This will reduce utility rates in the state and improve government funding transparency.
Anti-libertySB 76relative to the prohibition of offshore oil and natural gas exploration.NAY OTP
Why
This bill prohibits offshore oil and natural gas exploration or infrastructure that transports oil or natural gas from production facilities located in federal waters.
* Energy costs in New Hampshire already are a significant burden on families and businesses. Prohibiting expansion of additional local energy sources will only continue the trend of non-competitive energy costs.
* In May 2017, Sig Sauer announced that it was locating a new manufacturing facility in Jacksonville, Arkansas. While there were several factors that contributed to that decision, electricity costs in Arkansas are half that of New Hampshire’s. The majority of NH's electricity generation is derived from clean-burning natural gas (<a href=https://www.eia.gov/state/?sid=NH#tabs-4>www.eia.gov/state/?sid=NH#tabs-4</a>).
Anti-libertySB 81authorizing the department of health and human services to hire certain personnel and making an appropriation therefor.NAY OTP
Why
This bill authorizes the commissioner of the Department of Health and Human Services to create 12 new positions, including five persons to staff a surveillance, investigation, and response unit.
* This bill is a result of the Commission on the Seacoast Cancer Cluster Investigation, established in RSA 126-A:74 (<a href=https://www.dhhs.nh.gov/dphs/gtfscc/index.htm>www.dhhs.nh.gov/dphs/gtfscc/index.htm</a>). That task force did not find evidence that warrants spending additional taxpayer funds on these new positions.
* Summary of findings from the report (<a href=https://www.dhhs.nh.gov/dphs/gtfscc/documents/gtfscc-final-report.pdf>/www.dhhs.nh.gov/dphs/gtfscc/documents/gtfscc-final-report.pdf</a>) "Based on the responses, there do not appear to be any notable patterns to suggest a common exposure or etiology for the development of RMS or PPB among cases, and the findings do not support moving to a case-control study. Additionally, the scientific literature does not point to chemical or environmental exposures as a cause of RMS/PPB, and the majority of cases are thought to either occur sporadically, or to be associated with genetic family cancer syndromes."
Pro-libertySB 88relative to registry identification cards under the use of cannabis for therapeutic purposes law.YEA OTP/A
Why
This bill removes the artificial time frame for a patient-provider relationship prior to a health care provider being authorized to provide certifying documentation of a qualifying medical condition for therapeutic use of cannabis.
* The state should not be inserting itself in the patient-provider relationship.
* Existing restrictions may have unintended consequences resulting in prescription of less-appropriate and potentially habit-forming pharmaceuticals.
Anti-libertySB 99relative to gainful employment and partial disability in workers' compensation.NAY OTP
Why
This bill creates a new mandate requiring that workers' compensation insurance must provide payments indefinitely for individuals who qualify for compensation.
* Under current law, employers must pay for workers' compensation insurance for their employees covering up to 5 years of disability. Employees who desire longer term coverage have the option of buying long-term disability insurance in the marketplace. This bill would mandate indefinite coverage in the state-mandated insurance program, requiring employers to factor in the increased costs of this insurance into employee compensation.
* While the fiscal note provides no estimate of the increased costs and lost wages to employees, estimates on the private market (<a href=https://www.policygenius.com/disability-insurance>www.policygenius.com/disability-insurance</a>) show that the increased costs for a 39-year-old female road worker could be between $1,992 and $2,700 per year for a policy that changes from 5 years of coverage to a policy that extends to age 67.
* Social Security Disability benefits are substantially offset by workers' compensation benefits (<a href=https://www.ssa.gov/policy/docs/ssb/v65n4/v65n4p3.html>www.ssa.gov/policy/docs/ssb/v65n4/v65n4p3.html</a>) but Social Security tax rates remain fixed regardless of the duration of coverage offered by workers' compensation programs in a state. As a result, by adopting this bill NH workers will be subsidizing the Social Security Disability Insurance for workers in other states.
* The unbounded coverage mandated in this bill would continue payments even after the employee reaches full retirement age and is collecting Social Security.

43 bills with no position.

Read the full Gold Standard

Wednesday, February 27, 2019 · House · 30 positions

Anti-libertyHB 101relative to regulating possession of firearms in a school district.YEA ITL
Why
This bill allows school districts or chartered public schools to adopt a policy infringing upon the right of self-defense for adults.
* This bill would grant broad powers to school boards by removing all restrictions on their ability to adopt policies related to use, possession, or transportation of firearms and knives. The grant of authority does not restrict these policies to only activities taking place on school property.
* Studies have shown no correlation between the enactment of gun free zones and improved safety. (<a href=https://www.rand.org/research/gun-policy/analysis/gun-free-zones.html>www.rand.org/research/gun-policy/analysis/gun-free-zones.html</a>)
Pro-libertyHB 153relative to circumstances under which police officer disciplinary records shall be public documents.YEA OTP/A
Why
This bill makes certain disciplinary records concerning law enforcement officers which have been finally adjudicated subject to the Right-to-Know Law.
* This bill affirms the right of inhabitants to obtain adjudicated disciplinary records for law enforcement officers. Disclosure would be allowed for records relating to police discharge of a firearm that led to serious injury or death.
* It would also permit disclosure of disciplinary records, after final adjudication, if a law enforcement officer has been found guilty of sexual assault or a sustained finding of dishonesty including perjury, false statements, filing false reports, destruction, or falsifying or concealing evidence.
* Public employees who hold extraordinary powers combined with immunities must be held to high standards.
Anti-libertyHB 177relative to the calculation of stabilization grants.NAY OTP/A
Why
This bill freezes the common sense slow reduction in education stabilization grants, which is part of current law, intended to allow communities time to adapt to changes in the education funding formulas.
* According to a study by the Josiah Bartlett Center for Public Policy, between the 1992 and 2014 fiscal years, real spending per student in New Hampshire public schools increased by 56 percent, with student enrollment growing by only 4 percent.
* During that same interval the number of teachers increased by 29 percent, while the number of non-teaching staff positions increased by 89 percent — 22 times the rate needed to accommodate student growth.
Anti-libertyHB 184relative to the calculation of kindergarten students in the average daily membership and repealing prorated kindergarten funding based on Keno revenues.NAY OTP
Why
This bill spends more than $9 million of additional taxpayer money on an unproven mandate that may harm as many children as it helps.
* Research indicates that half-day kindergarten is beneficial, but concludes all-day kindergarten is too long, robs children of valuable free play, and is counterproductive (<a href=https://www.washingtonpost.com/news/answer-sheet/wp/2015/08/17/why-pushing-kids-to-learn-too-much-too-soon-is-counterproductive/?noredirect=on&utm_term=.01b75ee7836d>www.washingtonpost.com/news/answer-sheet/wp/2015/08/17/why-pushing-kids-to-learn-too-much-too-soon-is-counterproductive/?noredirect=on&utm_term=.01b75ee7836d</a>).
* Full-day kindergarten will compete with hundreds of small private businesses that are already providing these services without cost to the taxpayer.
* Studies have shown that accelerating education in young boys has potential long-term disadvantages, especially in the ability to focus at later ages. Delaying kindergarten for one year reduced inattention and hyperactivity by 73% for an average child at age 11, and it virtually eliminated the probability that an average child at that age would have an abnormal or higher-than-normal rating for the inattentive-hyperactive behavioral measure (<a href=https://ed.stanford.edu/news/stanford-gse-research-finds-strong-evidence-mental-health-benefits-delaying-kindergarten>ed.stanford.edu/news/stanford-gse-research-finds-strong-evidence-mental-health-benefits-delaying-kindergarten</a>).
Pro-libertyHB 218relative to the use of deadly force by a law enforcement officer.NAY ITL
Why
This bill seeks to prevent a law enforcement officer from using deadly force to effect an arrest when there is no risk to human life nor risk of serious injury.
* Under current law, deadly force is deemed reasonably necessary for any case where an officer believes an arrest is lawful and the officer believes there is apparently no other possible means of effecting the arrest (RSA 627:5 VIII). This bill would retain a law enforcement officer's ability to utilize deadly force in self-defense or defense of another as well as in cases where the officer believes a suspect is likely to seriously endanger human life or inflict serious bodily injury unless apprehended without delay. However, this bill would remove the authority to utilize deadly force for arrests of simple non-violent crimes in order to effect an arrest.
Anti-libertyHB 232relative to enforcement of immigration laws and the prohibition of sanctuary policies.YEA ITL
Why
This bill requires cities and towns to comply with unconstitutional detainer requests.
* This bill would require police departments to enforce ICE detainers (proposed RSA 103-A:3), which have been declared in the First Circuit to be a violation of the Fourth Amendment. As a result, this bill violates Article 19 of the NH Constitution as well as the US Fourth Amendment. See the case Morales v. Chadbourne (<a href=https://www.aclu.org/cases/immigrants-rights/morales-v-chadbourne>www.aclu.org/cases/immigrants-rights/morales-v-chadbourne</a>).
* Officers and towns would be subject to 18 USC 1983 civil rights claims, which would result in towns having to pay monetary settlements, and thus increase town budgets.
Anti-libertyHB 254relative 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.YEA ITL
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 bill increases taxes (estimated at $6.6 million had this been in place in 2018) on business and will likely result in higher prices as these costs are passed on to consumers.
Anti-libertyHB 290relative to the removal of certain wood stoves upon the sale of a home and notification of such removal to the department of environmental services.YEA ITL
Why
This bill requires the removal and destruction of certain older wood stoves upon the sale of a home.
* In Horne v. Department of Agriculture, the US Supreme Court found (<a href=https://www.scotusblog.com/case-files/cases/horne-v-department-of-agriculture-2/>www.scotusblog.com/case-files/cases/horne-v-department-of-agriculture-2/</a>) that the US Constitution's Fifth Amendment’s takings clause requires the government to pay compensation for takings of personal property. This bill would require homeowners to remove and destroy certain wood stoves upon the sale of a home if the home is in an area that has been designated as densely populated by the commissioner of the Department of Environmental Services.
* While there is still a buy-back program that may provide partial relief for some owners, the forced 'taking' of personal properly without a guarantee of just compensation is unconstitutional.
Anti-libertyHB 438removing the exemption for premium cigars from the tobacco tax.YEA ITL
Why
This bill removes the exemption from the tobacco tax on premium cigars.
* This bill would directly erode the New Hampshire advantage. NH presently has no tax on cigars. That fact has specifically drawn multiple cigar companies to NH; several moved here when MA imposed its cigar tax in 1996.
* Per the fiscal note, this would likely raise taxes by about $500,000. HB 438 seeks to raise revenue for the state, but will ultimately fail in doing so as the business taxes paid by cigar sellers and other businesses that benefit from the out-of-state traffic the sales generate would be lost due to decreased premium cigar sales.
Pro-libertyHB 481relative to the legalization and regulation of cannabis and making appropriations therefor.YEA OTP
Why
This bill eliminates penalties for limited personal possession and home cultivation of cannabis for adults 21 and older.
* This bill would increase personal freedom by allowing adults 21 and older to possess and give away (but not sell) up to one ounce of cannabis, five grams of concentrated cannabis, and infused products with 500 milligrams of THC outside of their homes; and securely cultivate up to six plants, three of which could be mature (with a household limit of 12 total, six mature), and possess the cannabis produced by their plants at home.
* Legalization would not only prevent innocent people from having their lives significantly impacted by minor possession arrests, but would also reduce the expense of the criminal justice system, allowing police and prosecutors to focus on serious crimes where innocent people have been victimized.
* Polls have shown 2/3 of Granite Staters and 2/3 of Americans support legalizing cannabis.
* While the bill creates new taxes and regulatory infrastructure, this compromise is a substantial improvement over current law, which subjects people to criminal penalty and potential destruction of their livelihood for victimless behavior.
Pro-libertyHB 491relative to questioning and detaining suspects.YEA OTP/A
Why
This bill clarifies that failure to answer a request of a peace officer to identify oneself is not grounds for arrest.
Part 1 Art. 15. of the New Hampshire Constitution states "[Right of Accused.] No subject shall be held to answer for any crime, or offense, until the same is fully and plainly, substantially and formally, described to him; or be compelled to accuse or furnish evidence against himself." Remaining silent is constitutionally protected and is not grounds for arrest.
Pro-libertyHB 505allowing voters to vote for multiple candidates for an office.NAY ITL
Why
This bill would allow voters to show support for multiple candidates in a given race.
* With this simple ballot change voters will be able to easily express their opinion on every candidate.
* This eliminates the "wasted vote" problem in which voters believe that votes for a less popular candidate will be wasted because the candidate has little chance of winning.
* Approval voting enabled by this bill requires no complex method for tallying votes to determine the winner(s) of a race, as votes tallying works the same as with the current system — that is to say, vote totals for a candidate is the sum of all votes cast for the candidate.
Anti-libertyHB 511relative to vaping.NAY OTP/A
Why
This bill adds vaping to the law prohibiting youth access to and use of tobacco products and adds vaping to the indoor smoking ban.
* Private property owners should be able to decide if they will allow or prohibit vaping inside their establishments.
* Studies show that e-cigarettes are a safer alternative to traditional tobacco cigarettes and have a very low risk factor to public health and safety. A 2014 study found "Even when compared to workplace standards for involuntary exposures, and using several conservative (erring on the side of caution) assumptions, the exposures from using e-cigarettes fall well below the threshold for concern for compounds with known toxicity." (<a href=https://bmcpublichealth.biomedcentral.com/articles/10.1186/1471-2458-14-18#Sec17>bmcpublichealth.biomedcentral.com/articles/10.1186/1471-2458-14-18#Sec17</a>).
* There are approximately 50 vaping stores in New Hampshire currently. Adding vaping to the indoor smoking ban will have a negative impact on small business in New Hampshire.
Pro-libertyHB 545prohibiting law enforcement officers from questioning a minor at school without a parent or guardian present.NAY ITL
Why
This bill prohibits law enforcement officers from questioning a minor on school property without a parent or guardian present.
* Children may be more prone to false confessions and not understanding their rights. This is particularly a risk when the child is in a school setting where they might normally have an expectation that the adults in the school have their best interests at heart. Children and teens are more prone to giving false confessions than adults, falling prey to the legal high-pressure, manipulative, and deceptive interrogation techniques that may be employed in an attempt to identify a guilty party.
* According to the National Registry of Exonerations, in the last 25 years, 38% of exonerations for crimes allegedly committed by youth under 18 years of age involved false confessions, compared with 11% for adults (<a href=https://www.innocenceproject.org/false-confessions-more-prevalent-among-teens/>www.innocenceproject.org/false-confessions-more-prevalent-among-teens/</a>).
Anti-libertyHB 547relative to licensure of polysomnographers.YEA ITL
Why
This bill expands occupational licensing in the state.
* All NH residents deserve the opportunity to earn an honest living. Occupational licenses are permission slips from the government and routinely stand in the way of honest employment, and are designed to exclude entry into the marketplace.
* Consumers and employers, not the state, should decide who is qualified for which jobs.
* Polysomnographers work in hospitals and sleep clinics and perform work under physicians' orders, providing data that is evaluated by other professionals. Additional licensing is not warranted.
Anti-libertyHB 551establishing a school funding commission and making an appropriation therefor.NAY OTP/A
Why
This bill allocates $500,000 of taxpayer funds to study methods of extracting funds from taxpayers for the purposes of public education.
* While a traditional legislative committee may be an appropriate path forward to examine the correlation between school funding and student performance, providing half a million dollars to an outside group is not a prudent use of limited taxpayer funding.
Anti-libertyHB 564relative to possession of firearms in safe school zones.NAY OTP/A
Why
This bill creates unarmed victim zones in and around schools.
* This bill would ban law-abiding adults from carrying a firearm into an area designated as a so-called "safe school zone" and would deny a mother who walks to pick up her child at school a tool to protect herself and her children.
* The definition of "safe school zone" in 193-D:1, V. is exceedingly broad as it covers not only real property but also "equipment used for school purposes" resulting in a ban that may cover numerous locations throughout the state that are not located in or near a school building.
* Studies have shown no correlation between the enactment of gun-free zones and improved safety (<a href=https://www.rand.org/research/gun-policy/analysis/gun-free-zones.html>www.rand.org/research/gun-policy/analysis/gun-free-zones.html</a>).
Anti-libertyHB 623relative to the rates of the business profits tax and business enterprise tax.NAY OTP/A
Why
This bill repeals scheduled reductions in the business profits tax and business enterprise tax.
* NH's ability to attract new businesses and retain existing businesses is vital to the health of our economy. High business tax rates impede NH's ability to attract and retain businesses. Low unemployment benefits everyone.
* When profits are not heavily taxed they can be re-invested to hire more staff, create more robust research and development, or invested in capital equipment.
* Enterprise taxes are a tax on compensation. Lowering these taxes directly enables businesses to increase compensation to employees.
Anti-libertyHB 634establishing a commission to study the licensure of individuals who forage for wild mushrooms for sale to others.NAY OTP
Why
This bill establishes a study commission that will seek to expand occupational licensing in the state.
* All NH residents deserve the opportunity to earn an honest living. Occupational licenses are permission slips from the government and routinely stand in the way of honest employment, and are designed to exclude entry into the marketplace.
* Consumers and employers, not the state, should decide who is qualified for which jobs.
Anti-libertyHB 641allowing municipalities to collect an occupancy fee from operators of local room rentals.NAY OTP/A
Why
This bill creates a new local option rooms tax initially capped at $2 per night.
* New sources of taxation rarely stay at their initial rate, whether set as a flat dollar amount or as a percentage. While the initial amount is small, the rate will certainly grow over time.
* Though the bill makes the claim that the money will be used "for the purpose of establishing a municipal capital improvement or <ul>tourism support fund, which is intended to increase or stabilize local hotel and other room rental occupancy.</ul>", the Majority Report has already dropped this pretext for the new tax, opting to discuss only a capital reserve fund — the definition of which is broad enough to allow for spending the funds on nearly any municipal project.
Anti-libertyHB 680relative to the definition of tobacco product for purposes of the tobacco tax and retail tobacco licensing.NAY OTP/A
Why
This bill defines what is a tobacco product for purposes of the tobacco tax and retail tobacco licensing, adding products that are capable of delivering nicotine regardless of whether the substance actually contains nicotine.
* This unnecessary tax would protect sales of traditional cigarettes and encourage people who smoke to continue smoking.
* The New England Journal of Medicine cited in a recent study that e-cigarettes are almost twice as effective at helping smokers quit as nicotine replacement therapies such as lozenges and patches.
* Subjecting smoke-free vapor products to a sin tax is punitive and grossly inappropriate.
Anti-libertyHB 682establishing a water resources fund in the department of environmental services and charging certain application and permit fees.NAY OTP
Why
This bill nearly triples the revenue from certain fees and delegates the power for future increases to unelected bureaucrats.
* This bill increases fees for shoreline and wetland activities including establishing fees for activities that previously required no fee (proposed RSA 482-A:3 IV-a).
* This bill allows the commissioner of Department of Environmental Services to review the fees and increase them without the approval of the legislature. It is worth noting that no power is granted to allow reduction in fees, should the DES find more efficient ways of administering these programs.
Anti-libertyHB 686relative to calculating and funding the interim cost of an opportunity for an adequate education and extending the interest and dividends tax to capital gains.NAY OTP/A
Why
This bill extends the interest and dividends tax to capital gains and increases exemptions for the tax. The bill also revises the per-pupil rates for the formula for determining adequate education grants to school districts.
* A capital gains tax has a negative impact on savings. Savings creates higher levels of investment, increased worker productivity and wages, and faster economic growth.
* A capital gains tax will discourage people to invest and live in NH.
Anti-libertyHB 688relative to transfer and inspection of animals.NAY OTP
Why
This bill repeals the current "Sale of Pets" law (RSA 437:1-10) and replaces it with complex new regulations that will infringe upon the rights of law-abiding pet owners while having little impact on animal safety.
* The bill defines "hobby breeders" as anyone transferring ownership of even one animal per year and would result in a large number of unsuspecting animal lovers being caught up in complex state regulation, including allowing inspection (warrantless searches) of their premises by state and local officials, law enforcement, or health officials.
* According to the fiscal note, this bill would cost state taxpayers approximately $1.5 million per year for personnel and equipment excluding likely additional costs for facilities. These costs would be incurred before the first animal is purported to be helped.
Anti-libertyHB 689establishing a student career and college investment program and making an appropriation therefor.NAY OTP/A
Why
This bill expands taxpayer subsidy of college education and discriminates against children who are home schooled or who attend private and/or religious schools.
* While the bill as amended no longer explicitly allocates money from the general fund for this program and opts instead for an increased fee (annual surcharge on open-ended mutual funds), proposed RSA 195-J:6 I-VI ensure that future budgets will allocate funds to the program, forcing taxpayers, including those who choose non-college career paths, to subsidize the education costs of those who choose college.
* Subsidies, including both direct subsidy and subsidized student loans, ultimately increase costs for all students as colleges expand to adapt to the inflow of money (<a href=https://www.newyorkfed.org/medialibrary/media/research/staff_reports/sr733.pdf>www.newyorkfed.org/medialibrary/media/research/staff_reports/sr733.pdf</a>).
Anti-libertyHB 696establishing a protective order for vulnerable adults.NAY OTP/A
Why
This bill enables vulnerable adults to seek protective orders for abuse, exploitation, and neglect.
* This bill allows a vulnerable adult or guardian of a vulnerable adult to seek a protective order for neglect, which is defined by new section 173-D:2 VIII as "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".
* 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 allow 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 "an act or omission by a caretaker 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" 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 V, as proposed, includes "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."
Anti-libertyHB 706establishing an independent redistricting commission.NAY OTP/A
Why
This bill creates an unaccountable redistricting commission.
* The approach for creating this 'independent' commission is unlikely to result in significant independence. Appointees would be selected from politically-connected citizens by the Secretary of State.
* The purportedly independent commission would allow the legislature to claim plausible deniability in cases of gerrymandering, preventing voters from being able to properly influence the process or hold the officials involved accountable.
* This bill would add a new and potentially unconstitutional and unenforceable requirement for candidates seeking future office, mandating that commission members waive their right to hold any federal, state, or local elective public office (662-B:2 V.(a)). States can't add qualifications for candidates to federal office: U.S. Term Limits v. Thornton, 514 U.S. 779 (1995) (<a href=https://supreme.justia.com/cases/federal/us/514/779/>supreme.justia.com/cases/federal/us/514/779/</a>).
Anti-libertyHB 712relative to a family and medical leave insurance program.NAY OTP/A
Why
This bill creates a new tax on income from wages of at least 0.5% to implement a new family medical leave program.
* 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.
* The commissioner of the Department of Employment Security in conjunction with an advisory council will be empowered to raise the tax rate or lower the benefits without legislative approval (amendment caps this to 10%).
* There is a cap on benefits at 85% of the average salary, so workers who make over the average salary will be paying for benefits that they cannot collect and are disproportionately impacted by the legislation.
* The current short-term disability insurance market will be negatively impacted by government interference in the insurance marketplace.
* Long term, the fiscal note for the program estimates that the state of NH will need 43+ additional employees and $6.6 million per year that would need to be subsidized by the participants.
Anti-libertyHB 719establishing the position of school nurse coordinator in the department of education and making an appropriation therefor.NAY OTP/A
Why
This bill establishes the position of School Nurse Coordinator in the Division of Learner Support, Department of Education, spending more than $100,000 per year without any increase in direct services to students.
* While the dollar amount is small, this bill furthers the trend of increasing administrative overhead costs for state services without providing any direct benefit to the population that is intended to be served by the spending.
Anti-libertyHB 732relative to over-sentencing and racial profiling.NAY OTP
Why
This bill, which is designed to address potential inequities in the criminal justice system, is unconstitutional.
* The New Hampshire constitution states in Part 1, [Art.] 2. [Natural Rights.] All men have certain natural, essential, and inherent rights among which are, the enjoying and defending life and liberty; acquiring, possessing, and protecting, property; and, in a word, of seeking and obtaining happiness. Equality of rights under the law shall not be denied or abridged by this state on account of race, creed, color, sex or national origin. This bill proposes RSA 651:71 I and II(h), each containing provisions that mandate non-equal protection under the law based on race.
* The state should seek to reduce the number of victimless crime statutes to reduce the risk of over-sentencing and potential sentencing inequity.

38 bills with no position.

Read the full Gold Standard

Thursday, February 21, 2019 · Senate · 1 position

Anti-libertySB 76relative to the prohibition of offshore oil and natural gas exploration.NAY OTP
Why
This bill prohibits offshore oil and natural gas exploration or infrastructure that transports oil or natural gas from production facilities located in federal waters.
* Energy costs in New Hampshire already are a significant burden on families and businesses. Prohibiting expansion of additional local energy sources will only continue the trend of non-competitive energy costs.
* In May of 2017, Sig Sauer announced that it was locating a new manufacturing facility in Jacksonville, Arkansas. While there were a number of factors that contributed to that decision, electricity costs in Arkansas are half that of New Hampshire’s. The majority of NH's electricity generation is derived from clean-burning natural gas (<a href=https://www.eia.gov/state/?sid=NH#tabs-4>www.eia.gov/state/?sid=NH#tabs-4</a>).

9 bills with no position.

Read the full Gold Standard

Thursday, February 14, 2019 · House · 8 positions

Pro-libertyHB 210relative to civil actions against public officials in cities or towns.YEA OTP/A
Why
This bill permits legal action against a public official of a municipality by a person who is aggrieved by the enactment or enforcement of an ordinance, bylaw, or regulation that is in violation of the authority of a town or city set forth in RSA 31 or RSA 47.
* Legislation that enables civil action always carries a risk of enabling lawsuits that may be deemed as 'frivolous' by some parties. However, when an individual is aggrieved by a municipality, the imbalance of power between the individual and an apparatus of the state is such that few individuals would be able to sustain the costs of legal action against an adversary who is able to derive funding from the public — including the party who was harmed. This bill seeks to address this power imbalance by providing standing for speedy civil action to address harm caused by an improper ordinance, bylaw, or regulation.
Anti-libertyHB 211relative to inquiries by prospective employers concerning salary history.NAY OTP/A
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 or salary history prior to making an offer of employment with a salary. 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 recent salary and expectations are significantly disconnected from the available budget.
* 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 222relative to criteria for teachers in charter schools.YEA ITL
Why
This bill increases the minimum percentage of teachers that must be licensed by the state of NH for charter schools from 50% of the teaching staff to 75% and removes the ability to substitute prior teaching experience in lieu of New Hampshire certification.
* 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.
* Flexible hiring requirements are a critical part of innovation and are unique to chartered public schools. Teacher credentials alone are not correlated with student performance.
* Moving toward a one-size-fits-all approach for teacher qualifications may negatively impact the diversity of the teaching population.
Anti-libertyHB 253relative to criminal records checks in the employee application process.NAY OTP/A
Why
This bill prohibits employers from asking a job applicant about his or her criminal history prior to an interview.
* The state should not be interfering in or dictating businesses' hiring practices.
* The state should work to reduce the number of victimless crimes in order to reduce the number of people who are negatively impacted by their prior involvement in the criminal justice system.
Pro-libertyHB 304relative to policies required for health facilities and special health care service licenses.NAY ITL
Why
This bill repeals a provision of law that requires health facilities and special health care service licensees to provide services regardless of the ability to pay.
* This bill eliminates the requirement for certain health services providers, including ambulatory surgical centers, walk-in care centers, and cardiac catheterization laboratory services, to provide services regardless of a person's ability to pay.
* Existing law increases barriers to entry and may result in fewer health care choices throughout the state.
Anti-libertyHB 374prohibiting certain state officers from forming political action committees.YEA ITL
Why
This bill limits political speech by prohibiting candidates for secretary of state and state treasurer or current office holders of these positions from forming a political committee or political advocacy organization or soliciting contributions for such organizations.
* Part 1 [Art.] 22. of the New Hampshire Constitution states "[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." — limits on all speech and particularly political speech may be a tempting solution to a problem but it is not a proper solution.
Anti-libertyHB 438removing the exemption for premium cigars from the tobacco tax.YEA ITL
Why
This bill removes the exemption from the tobacco tax on premium cigars.
* This bill would directly erode the New Hampshire advantage. NH presently has no tax on cigars. That fact has specifically drawn multiple cigar companies to NH; several moved here when MA imposed its cigar tax in 1996.
* Per the fiscal note, this would likely raise taxes by about $500k. HB 438 seeks to raise revenue for the state, but will ultimately fail in doing so as the business taxes paid by cigar sellers and other businesses that benefit from the out-of-state traffic the sales generate would be lost due to decreased premium cigar sales.
Anti-libertyHB 497relative to payment by the state of a portion of retirement system contributions of political subdivision employers.NAY OTP
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".

28 bills with no position.

Read the full Gold Standard

Thursday, February 14, 2019 · Senate · 5 positions

Anti-libertySB 1relative to family and medical leave.NAY OTP/A
Why
This bill creates a new tax on employee wages of at least 0.5% to implement a new family medical leave program.
* 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.
* The commissioner of the Department of Employment Security will be empowered to raise the tax rate or lower the benefits without legislative approval (amendment caps this to 10%).
* There is a cap on benefits at 85% of the average salary, so workers who make over the average salary will be paying for benefits that they cannot collect and are disproportionately impacted by the legislation.
* The current short-term disability insurance market will be negatively impacted by government interference in the insurance marketplace.
* Long term, the fiscal note for the program estimates that the state of NH will need 43+ additional employees and $6.6 million per year that would need to be subsidized by the participants.
Anti-libertySB 19relative to the privacy of certain information concerning public employees.NAY OTP/A
Why
This bill enables the disclosure of personal information held by the state to a private organization.
* This bill allows the state to release the home address, email, and personal phone numbers of state employees to labor unions without regard for whether the employee wishes this data to be released to the organization.
* In 2018, a constitutional amendment passed with 81% of the vote stating "An individual's right to live free from governmental intrusion in private or personal information is natural, essential, and inherent." — this bill would undermine this constitutional right.
* Employees who wish to share this information with their union may already do so voluntarily — for example <a href=http://www.seiu1984.org/2017/10/25/coming-soon-a-new-email-system/>www.seiu1984.org/2017/10/25/coming-soon-a-new-email-system</a>.
Anti-libertySB 193prohibiting the sale of certain furniture and carpeting with flame retardant chemicals.NAY OTP/A
Why
This bill bans the sale and distribution of new upholstered furniture and carpeting for residential purposes that have 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 and carpeting 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.
* 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>www.ethanallen.com/en_US/faqs.html</a>).
* Flame retardants were initially added to furniture in 1975 due to government overreach in California. More than 40 years later and 6 years after California lifted the initial requirement, we are still suffering the long-term consequences of this overreach.
* The Business and Institutional Furniture Manufacturers trade organization has already issued guidance (<a href=https://www.bifma.org/page/advocacyareas>www.bifma.org/page/advocacyareas</a>) supporting removal of dangerous fire-retardant chemicals previously added under state mandate. Additional overly broad and confusing government regulation is not needed.
Anti-libertySB 196relative to non-academic surveys administered by a public school to its students.NAY OTP/A
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 explicit 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, as amended, would undermine that ability by requiring an opt-out rather than explicit parental consent to participate in these non-academic surveys.
* Active consent, as required in current law, is consistent with the federal Protection of Pupil Rights Amendment (PPRA) and carves out an exception for the Youth Risk Behavior Survey created by the CDC, allowing passive consent.
* The committee amendment, #0313s, which requires school districts to notify families about the non-academic survey via "email or text in addition to any written notice given via the student", does not address the fundamental concern. This is a school-choice issue because public school students should not be subject to increased intrusiveness or privacy violations, nor should their families forfeit their rights to direct their children’s education simply because children attend their local district schools.
Anti-libertySB 249including the legislature as a public employer under the public employee labor relations act.NAY OTP
Why
This bill would make the legislature less able to respond to the will of the people.
* This bill establishes the legislature as a public employer under the public employee labor relations act and provides procedures for collective bargaining by a defined group of legislative employees. The legislative branch is a political body and the leadership of both chambers and all political parties must have the option of having the people around them that support representing the positions of the voters who elected them.
* The legislature would be required to negotiate "terms and conditions" of employment for these employees which would potentially place restrictions on staff changes for future legislatures.

22 bills with no position.

Read the full Gold Standard

Thursday, January 31, 2019 · House · 5 positions

Anti-libertyHB 120relative to the regulation of body art establishments.NAY OTP
Why
This bill establishes licensure and inspection practice for body art establishments.
* Body art practitioners are already licensed and regulated. This is primarily a service industry that is labor intensive, so the quality of their labor is much more important than where the actual services are performed.
* The extra license fee will do nothing to protect the public; rather, it will force businesses to close permanently or go underground, or as often happens, it will just make the cost to the consumer more expensive without any real benefit.
Pro-libertyHB 124repealing the law relative to the buffer zones to reproductive health care facilities.NAY ITL
Why
This bill repeals a violation of the First Amendment.
* Whereas the NHLA has a policy of not taking positions on the issue of abortion in general, this bill's restoration of freedom of expression protected by the First Amendment merits our taking a position in support of this bill.
* This bill repeals the "buffer zone" created by SB 319 (2014) restoring the right of people to peacefully assemble, as provided by the protections of the First Amendment.
* This law has been in place for nearly 5 years and appears to be unenforced. Buffer zones are reminicent of the abhorrent "free speech zones" at presidential events.
* Many of the complaints SB 319 looked to resolve are already covered by existing statutes.
Pro-libertyHB 172relative to driver education.NAY ITL
Why
This bill allows a waiver to institutional driver's education if a parent provides instruction.
* The current driving instruction option requires that parents drive with their children to and from these mandatory courses and then the parents wait in the parking lot during the course, taking time that could be better used for one-on-one instruction with their children.
* This bill would not do away with driving schools but it will provide a choice for parents allowing them to focus their efforts on the approaches that are most effective for their children.
* Who has the greater interest in a child being well-taught in driving: an instructor or a parent?
Pro-libertyHB 282relative to the authority of fish and game officers to search without a warrant.NAY ITL
Why
This bill requires that the Fish and Game conservation officers seek a warrant before executing a search.
* With the exception of Fish and Game officers, all other law enforcement officers need to meet the basic requirements of probable cause and they must obtain a warrant prior to a search.
* In 2014, <a href=http://www.gencourt.state.nh.us/legislation/2014/SB0389.html>SB 389</a> expanded the authority of Fish and Game officers to oversee motor vehicle laws, effectively giving them greater authority than the state troopers.
* All law enforcement officers, regardless of the department that they represent, should be required to follow the constitutions of both the United States and the State of New Hampshire.
Pro-libertyHB 399relative to annulment of arrests or convictions for possession of a certain quantity of marijuana.YEA OTP
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 prior to September 16, 2017 to have those convictions and arrests annulled.

11 bills with no position.

Read the full Gold Standard

Thursday, January 31, 2019 · Senate · 2 positions

Anti-libertySB 2-FNrelative to funding for job training programs in the department of business and economic affairs.NAY OTP/A
Why
This bill doubles the administrative fee on unemployment compensation. It then spends one-third of the amount collected, less 10% for further administration, on job training programs.
* While government-sponsored job 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>).
* The state should not have a role in determining the training that businesses will require.
Anti-libertySB 5-FN-Amaking an appropriation relative to Medicaid provider rates for mental health and substance misuse.NAY OTP
Why
This bill allocates 3 million dollars of funding to expand taxpayer-funded mental health and substance misuse programs.
* Though this bill's allocation of funding is for a single year, it will likely become part of the baseline Department of Health and Human Services budget and serve as a basis for future increases.
* This funding expansion grows a program, using dollars from the general fund, that was sold to the public in 2018 as not requiring/allowing state general funds.

5 bills with no position.

Read the full Gold Standard

Thursday, January 3, 2019 · House · 1 position

Anti-libertyRULE 63Deadly weapons; electronic devices; cameras.NAY Amend Rules
Why
This rule change proposed by the rules committee would infringe upon the rights of legislators and citizens by stripping them of their article 2a right.
* This rule change would decrease saftey of those in the House by creating an unarmed victims zone in the House Chamber, anteroom, cloakroom and House gallery.
* This rule change would violate an amendment to the New Hampshire Constitution that was passed just 36 years ago.
* This rule change would disproportionately hurt the smaller stature and physically weaker members of the House.
* Rules should not supersede Constitutional rights.This is a slippery-slope that could erode other Constitutional rights at the State House

Wednesday, January 2, 2019 · House

NHLA’s recommendations for this session are published.

Read the full Gold Standard