Thursday, June 24, 2021 · Joint session · 4 positions
- Pro-libertyHB 224(New Title) relative to tinted windows on motor vehicles, relative to civil liability for damage to highways, and relative to employer access to motor vehicle records.Support
Why
This bill would relax the existing prohibition on aftermarket tinted windows to the left and right of the driver.
* Only 3 states including New Hampshire have a prohibition on window tinting (<a href=https://instamotor.com/blog/window-tinting-laws-50-states>instamotor.com/blog/window-tinting-laws-50-states</a>).
* New Hampshire law enforcement already encounters tinted windows on the thousands of tourist vehicles that visit New Hampshire each year. No widespread problems have been reported with these vehicles.
* It is unfair to allow out-of-state visitors to drive with tinted windows while prohibiting New Hampshire residents the same freedom.
* Aftermarket side window tinting to the left and right of the driver would be allowed to the same degree as is currently already allowed when provided directly from the vehicle manufacturer. - Pro-libertyHB 278relative to the use of unused district facilities by chartered public schools.Support
Why
This bill requires school districts with unused properties to offer them for lease or sale to charter schools.
* This bill provides a requirement to school districts to offer unused properties to charter schools for sale or lease.
* Taxpayer-funded properties would be used for instruction of students instead of potentially being abandoned and becoming dilapidated. - Pro-libertyHB 334(New Title) relative to prohibitions on carrying a loaded firearm on an OHRV or snowmobile and relative to the procedure for conducting firearm background checks.Support
Why
This a modest improvement to New Hampshire's existing constitutional carry law which corrects an oversight that mandates a permit when carrying a pistol or revolver when operating a snowmobile or Off Highway Recreational Vehicle (OHRV).
* New Hampshire voters affirmed our inherent right to self-defense in 1982 with the adoption of Article 2-a of the state Constitution: <i>"All persons have the right to keep and bear arms in defense of themselves, their families, their property and the state."</i>
* A requirement to have a license to carry a concealed firearm is an infringement on an individual's right to self-defense. This bill removes the infringement of the right of law-abiding citizens to carry protection discreetly when operating snowmobiles or OHRVs. - Pro-libertyHB 542(New Title) relative to the protection of religious liberty.Support
Why
This bill provides that any prohibition on in-person gatherings during a declared state of emergency shall be no more restrictive than restrictions placed on other essential services.
* Our system of government guarantees the free exercise of religion and the right of people to peaceably assemble, yet under current law we allowed these rights to be trampled through simple executive action.
* While this bill would preserve the ability of the government to require religious organizations to comply with neutral health and safety regulations believed to be essential to further a compelling government interest, and this is likely to be subject to future abuse and broad interpretation, the bill is an important step toward reinforcing the protections outlined in the Constitution.
27 bills with no position.
Friday, June 4, 2021 · House
NHLA’s recommendations for this session are published.
Thursday, June 3, 2021 · House · 9 positions
- Pro-libertySB 101increasing the minimum gross business income required for filing a business profits tax return.YEA OTP/A
Why
This bill increases the minimum gross business income required for filing a business profits tax return, reducing the burden of preparing tax filings for thousands of businesses who ultimately would not have any tax liability.
* The threshold for filing was last increased to its current value of $50,000 in 1994; since that time, the actions of the Federal Reserve have devalued US currency such that the same threshold today would be more than $88,000 (<a href=https://www.usinflationcalculator.com/>www.usinflationcalculator.com</a>). With the proposed committee amendment, this bill would increase the filing threshold to $92,000, mitigating the filing cost impacts for businesses that today are required to file but who would not have had to file in 1994. Further, the amendment causes the future filing threshold to automatically adapt based on the regional change to the consumer price index, reducing the need for future legislation.
* Per testimony given in the senate hearing, this bill is estimated to have an effect on 4,664 taxpayers. With the slightly modified filing threshold of this amendment, the number would be slightly higher. Of those who filed business profits tax returns with NH in 2019, the Department of Revenue Administration estimated that 4004 of these businesses that were required to file ultimately had no tax liability, wasting time of the businesses as well as the state in generating and processing these returns. - Anti-libertySB 134adopting omnibus legislation relative to civil actions and criminal liability.NAY OTP/A
Why
This bill, with or without the proposed committee amendment, contains a provision that infringes upon private property rights and free speach by prohibiting pointing of a laser pointing device at a structure.
* The provisions of this bill that restrict certain usages of laser pointing devices are obstensibly due to the potential safety hazards of such usage, however the language in proposed 631:3-a II.(a) that prohibits shining the beam of a laser pointing device at a structure is anti-liberty. An individual pointing a laser pointer at a building they own would be violating this provision. In addition, an individual using a laser pointing device to display a message on a public structure such as the base of a bridge would also be in violation of this provision. This is not simply a theoretical concern, as projection of a message safely at the base of a public structure is an approach that has been used in New Hampshire during peaceful political protest.
* Individuals who utilize a laser pointing-based holiday light system to project images on their own home would be at risk of violations and seizure of their device (<a href=https://www.amazon.com/dp/B07SWJ9PSX/>www.amazon.com/dp/B07SWJ9PSX/</a>).
* Support floor amendment 2021-1801h which mitigates the private property and free speech concerns. If the floor amendment passes, we have no recommendation on the bill. If it fails, oppose the bill. - Pro-libertySB 154prohibiting the state from enforcing a Presidential Executive Order that restricts or regulates the right of the people to keep and bear arms.YEA OTP/A
Why
This bill prohibits any agent of the state from enforcing any executive order, federal regulation, or law that has the purpose or effect of restricting or regulating the right of the people to keep and bear arms unless explicitly enabled by New Hampshire law.
* Self defense is a basic human right. This right is recognized by both the Second Amendment to the United States Constitution as well as Article 2a of the New Hampshire Constitution. As a result, potential infringement on this basic right should necessarily receive close and explicit scrutiny by the representatives of the people. This bill would ensure that state resources are not used to enforce federal laws that infringe upon the right of self-defense.
- Anti-libertySB 34relative to the definition of a controlled drug analog and prohibiting the sale or possession of synthetic urine and urine additives.NAY OTP
Why
This bill inserts a new definition of controlled drug analog, inserts a prohibition on the sale or possession of synthetic urine and urine additives, and repeals obsolete statutes governing the sale of synthetic drugs.
* This bill broadly bans the sale or possession of synthetic urine. While the intent appears to be to reduce the risk of fraud associated with individuals attempting to sidestep drug testing, the language is so broad that it has unintended and potentially dangerous consequences. Deer hunters will occasionally use urine products to lure bucks into range for a shot. This increases the probability of being able to cleanly take the animal. Some hunters choose to use synthetic urine products for this activity. As written, this bill would ban that practice. While scientific evidence for the transmission of Chronic Wasting Disease (transmitted via a prion) via urine is not settled, some hunters choose to use synthetic urine (v.s. natural deer urine) to mitigate this risk. This bill would eliminate that option.
- Pro-libertySB 52(New Title) relative to municipal charter provisions for tax caps.YEA OTP
Why
This bill requires city charter exclusions and ordinances that have the effect of a budget cap override to require a supermajority vote.
* New Hampshire municipalities derive the authority for their charters from legislative grants from the general court. This bill clarifies the existing grant of authority for a spending cap provision in city charters. This bill would require that votes or accounting practices that have the effect of redistributing budget items from within the limits of the cap to outside the limits of the cap shall be construed as the functional equivalent to an override and shall require the same supermajority vote as an override threshold.
* This bill retains the authority for a municipality to adopt a cap that excludes dedicated, enterprise, or self-supporting funds or accounts, capital reserve funds, grants, or revenue from sources other than local taxes and adds interest and principal payments on municipal bonded debt to the list of potential exclusions. - Pro-libertySB 61prohibiting collective bargaining agreements that require employees to join a labor union.YEA OTP/A
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 constraints on 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).
* "... when it came to earning more than nonunion workers, union members in right-to-work states actually out-performed those in non-right-to-work states." (<a href=https://news.bloomberglaw.com/bloomberg-law-analysis/analysis-are-unions-really-weaker-in-right-to-work-states>news.bloomberglaw.com/bloomberg-law-analysis/analysis-are-unions-really-weaker-in-right-to-work-states</a>). This is potentially due to the incentive for unions to be more responsive to their member's needs when they are not compelled to join. - Pro-libertySB 74relative to advance directives for health care decisions.YEA OTP
Why
This bill clarifies existing New Hampshire RSAs relative to Advance Health Care Directives allowing surrogates to consent to clinical trials or experimental treatments.
* This bill clarifies a number of aspects of the existing New Hampshire RSAs associated with advance directives for health care including new language that outlines the ability for a surrogate to consent to experimental treatment consistent with authority granted in a durable power of attorney for health care (when such conditions are explictly mentioned) or consistent with standard guidelines when the durable power of attorney for health care does not cover the topic.
* These changes improve the ability for an individual to delegate a person they trust to ensure their wishes are being fufilled when they are unable to express their wishes to due to permanent or temporary lack of capacity to make health care decisions. - Pro-libertySB 86adopting omnibus legislation relative to planning and zoning.YEA OTP/A
Why
With the proposed committee amendment, this bill protects the rights of property owners by preventing political subdivisions from adopting restrictions on the installation of safe and
commercially available heating or other energy systems of their choice.* Government is most accountable and accessible when it is most local. Local control is generally preferable to state or national mandates. 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 bill slightly reduces the ability of a political subdivision to infringe on the rights of property owners by protecting their right to choose an energy system for their property.
- Pro-libertySB 91(New Title) adopting omnibus legislation on renewable energy and utilities.YEA OTP/A
Why
This omnibus bill makes modest modifications to energy law, but contains a key protection against a transfer of income from regular electricity ratepayers to the special class of net metering generators. It adds language to statute to prevent cost shifts between customers and customer-generators. This change reduces the government's ability to pick winners and losers in the energy business.
* This bill protects ratepayers from escalating energy costs.
* The bill balances the interests of ratepayers and net metering generators, and prevents cost shifting from customers to customer-generators and vice versa.
* The bill replaces language that implies that cost shifting can be just and reasonable.
31 bills with no position.
Thursday, June 3, 2021 · Senate · 0 positions
NHLA took no position on any of the 4 bills up for a vote.
Thursday, May 27, 2021 · Senate · 3 positions
- Pro-libertyHB 220establishing medical freedom in immunizations.YEA OTP/A
Why
This bill, with the proposed committee amendment, defines the rights for medical freedom in immunizations and establishes a
committee to examine the policy of medical intervention including immunizations.* This bill affirms an individual's right to be free from the state or its political subdivisions compelling the individual to receive an immunization for COVID-19 in order to secure, receive, or access any public facility, any public benefit, or any public service.
- Pro-libertyHB 278relative to the use of unused district facilities by chartered public schools.YEA OTP/A
Why
This bill requires school districts with unused properties to offer them for lease or sale to charter schools.
* This bill provides a requirement to school districts to offer unused properties to charter schools for sale or lease.
* Taxpayer-funded properties would be used for instruction of students instead of potentially being abandoned and becoming dilapidated. - Pro-libertyHB 417(New Title) relative to the powers of the governor during a renewal of a declared state of emergency, and relative to the acceptance of federal assistance.YEA OTP/A
Why
This bill, with the proposed committee amendment, requires legislative oversight of executive power during a renewed state of emergency.
* This bill would terminate a state of emergency 30 days after it has been declared unless renewed by the legislature, while still allowing for incremental extension in the cases where the legislature is unable to meet.
* In addition, renewed emergencies would require legislative approval of any executive orders issued. Any federal or private emergency funding to the state would go through the governor and the Executive Council, and would also be required to go through the general court fiscal committee.
2 bills with no position.
Thursday, May 20, 2021 · Senate · 1 position
- Pro-libertyHB 278relative to the use of unused district facilities by chartered public schools.YEA OTP/A
Why
This bill requires school districts with unused properties to offer them for lease or sale to charter schools.
* This bill provides a requirement to school districts to offer unused properties to charter schools for sale or lease.
* Taxpayer-funded properties would be used for instruction of students instead of potentially being abandoned and becoming dilapidated.
7 bills with no position.
Thursday, May 13, 2021 · Senate · 7 positions
- Pro-libertyHB 227relative to termination of tenancy at the expiration of the tenancy or lease term.NAY ITL
Why
This bill gives tenants 30 days notice that there will not be a renewal, after which the landlord has cause to start an eviction.
* Common sense would lead a person to believe that at the end of a lease, with proper notice, a landlord would be able to reclaim their property, and if necessary, evict the tenant; however, courts have found that given current New Hampshire law, the end of a lease that is not renewed is not sufficient grounds for eviction.
* A lease agreement is a contract between two parties to provide safe access to a property for a pre-determined period of time. Absent this bill, the time provisions of a lease are not meaningful. - Pro-libertyHB 282relative to a private school that is approved as a tuition program.YEA OTP
Why
This bill deletes the requirement that a private school be nonsectarian in order to be approved as a school tuition program.
* Under current law, if there is no public school for the child's grade in the resident district, the school board may assign the child to another public school or private school; however, current law precludes private sectarian schools. This bill would remove that restriction. This increases the schools that parents can choose from, if they live in a tuitioning town and their school board contracts with such schools, giving them the ability to choose a school that fits their child's needs.
- Pro-libertyHB 350permitting qualifying patients and designated caregivers to cultivate cannabis for therapeutic use.YEA OTP
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 having access to medicine and not fearing criminal prosecution.
* 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.
* The New Hampshire Democratic platform states "We support policies to improve access to health care in our rural communities and other medically underserved areas". What better way to help contribute to access than to allow patients to cultivate their own medicine?
* Bedford Chief of Police John Bryfonski stated that Canada is struggling to contain home cultivation and it is destroying commercial operations. Does the New Hampshire Senate really want to take the position that our culture of self-reliance is subservient to commercial interests?
* The committee recommendation of rerefer should not be supported and this bill should be passed. - Pro-libertyHB 388relative to changing a pupil's school or assignment because of a manifest educational hardship.YEA OTP
Why
This bill allows parents to request that a child with manifest educational hardship be transfer to an approved private school.
* Under current law, a parent may request that a student be moved to a public school in another district if the child is experiencing manifest educational hardship at the geographically-assigned school. This bill would expand the options to include the possibility of utilizing a private school to address the issues if the private school is approved and contracted by a local public school board. That is the same as existing law for when the student transfers to an out-of-district public school; this bill extends that provision to private schools.
- Pro-libertyHB 427prohibiting corporal punishment of children in state agency programs.YEA OTP
Why
This bill requires state agencies to provide in their policies and procedures related to children that all forms of corporal punishment are prohibited.
* By watching agents of the state use physical violence as a form of punishment, children are learning that hitting is acceptable behavior and a permissible form of punishment. This reinforces the idea that it is the appropriate role of the state to initiate force to obtain a desired outcome.
* This bill requires state agencies to provide in their policies and procedures related to children that all forms of corporal punishment are prohibited.
* The committee recommendation of rerefer should not be supported and this bill should be passed. - Pro-libertyHB 615reducing the penalty for certain first offense drug possession charges.NAY ITL
Why
This bill makes modest improvements by reducing some of the harm of the state's failed War on Drugs.
* This bill is a "right on crime" adjustment to criminal penalties for drug offenses. It slightly reduces some maximum sentences for first-time offenders and eliminates some mandatory minimum sentences. Research overwhelmingly shows that sentence length does not deter crime very much. Probability of punishment is a far more effective deterrent.
* Shorter sentences make it possible for first-time offenders to rehabilitate and become productive members of society.
* By reducing the population of nonviolent offenders in prison, this bill will reduce state spending and taxation. - Pro-libertyHB 71relative to school district emergency special meetings.YEA OTP
Why
This bill prohibits the superior court from allowing special school meetings for recent items that were not approved or were rejected at the regular meeting.
* This bill prohibits the superior court from allowing special school meetings for a collective bargaining agreement that was voted down at the regular meeting.
* Courts should not override the voters on matters of shared fiscal responsibility.
8 bills with no position.
Thursday, May 6, 2021 · Senate · 2 positions
- Pro-libertyHB 260relative to number plates for motor vehicles.NAY ITL
Why
This bill removes the requirement for certain 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 (up from 19 in 2018 with the addition of Ohio) 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.
* While this bill would not apply to all vehicles, it still represents a meaningful step in the correct direction. - Pro-libertyHB 615reducing the penalty for certain first offense drug possession charges.NAY ITL
Why
This bill makes modest improvements by reducing some of the harm of the state's failed War on Drugs.
* This bill is a "right on crime" adjustment to criminal penalties for drug offenses. It slightly reduces some maximum sentences for first-time offenders and eliminates some mandatory minimum sentences. Research overwhelmingly shows that sentence length does not deter crime very much. Probability of punishment is a far more effective deterrent.
* Shorter sentences make it possible for first-time offenders to rehabilitate and become productive members of society.
* By reducing the population of nonviolent offenders in prison, this bill will reduce state spending and taxation.
7 bills with no position.
Thursday, April 29, 2021 · Senate · 5 positions
- Pro-libertyHB 331relative to a forfeiture of personal property.NAY ITL
Why
This bill prohibits law enforcement from transfering seizures of less than $100,000 made under state law to the federal government, circumventing our state's criminal asset forfeiture law.
* In 2016 NH abandoned civil asset forfeiture in favor of requiring due process protections required in a criminal proceeding.
* The federal government maintains a program called Equitable Sharing which allows law enforcement to circumvent our state's criminal process.
* Funds forfeited in the federal process return 80% directly to the agency, bypassing normal appropriations (and oversight) of legislative bodies.
* Forfeiture creates an incentive to delay seizing drugs (which would be destroyed) to a later time (after the drugs are on the streets) when money can be seized.
* This bill is limited so as to not interfere with joint task force operations.
* The vast majority of forfeitures are below $10,000, affecting those with few resources to defend themselves, as opposed to the drug kingpins that are claimed to be the targets of civil asset forfeiture. - Pro-libertyHB 471relative to police disciplinary hearings.YEA OTP/A
Why
This bill, with the proposed committee amendment, requires police disciplinary hearings to be open to the public unless certain confidential
information may be revealed and authorizes the department of justice to maintain an exculpatory
evidence schedule.* This bill would help increase government accountability by making police disciplinary hearings open to the public unless there are compelling reasons to keep a portion confidential. In addition, with the proposed committee amendment, it would authorize the department of justice to maintain an exculpatory evidence schedule.
- Pro-libertyHB 485requiring law enforcement officers to inform a person of their right to refuse a consensual search.YEA OTP/A
Why
This bill requires a law enforcement officer to inform a person of their right to refuse a consensual search before conducting a consensual search.
* This modest but important improvement helps to ensure that individuals are made aware of their right, protected under the New Hampshire Constitution: <i>Article 19. [Searches and Seizures Regulated.] Every subject hath a right to be secure from all unreasonable searches and seizures of his person, his houses, his papers, and all his possessions. </i>
- Pro-libertyHB 615reducing the penalty for certain first offense drug possession charges.NAY ITL
Why
This bill makes modest improvements by reducing some of the harm of the state's failed War on Drugs.
* This bill is a "right on crime" adjustment to criminal penalties for drug offenses. It slightly reduces some maximum sentences for first-time offenders and eliminates some mandatory minimum sentences. Research overwhelmingly shows that sentence length does not deter crime very much. Probability of punishment is a far more effective deterrent.
* Shorter sentences make it possible for first-time offenders to rehabilitate and become productive members of society.
* By reducing the population of nonviolent offenders in prison, this bill will reduce state spending and taxation. - Pro-libertyHB 83prohibiting non-disparagement clauses in settlement agreements involving a governmental unit.NAY ITL
Why
This bill prohibits the inclusion of a non-disparagement clause in a settlement agreement involving a governmental unit.
* This bill would prohibit public bodies from hiding bad actors and actions. It prevents making settlements in suits which include nondisclosure agreements.
* Article 8 of the New Hampshire Constitution states in part: <i> "All power residing originally in, and being derived from, the people, all the magistrates and officers of government are their substitutes and agents, and at all times accountable to them. Government, therefore, should be open, accessible, accountable and responsive. To that end, the public’s right of access to governmental proceedings and records shall not be unreasonably restricted."</i> Allowing political subdivisions to include non-disparagement clauses enables unelected actors of the state to inhibit the public's right to actions that have been taken in their name.
2 bills with no position.
Friday, April 9, 2021 · House
NHLA’s recommendations for this session are published.
Thursday, April 8, 2021 · Senate · 1 position
- Pro-libertyHB 609relative to innovation schools.YEA OTP
Why
This bill permits schools and school districts to pursue innovations in school staffing, curriculum and assessment, class scheduling, use of financial and other resources, and faculty recruitment, employment, evaluation, and compensation.
* This bill would allow public schools to seek waivers from the department of education's administrative rules if required to implement identified innovation.
* The bill would allow public schools to explore alternatives that might better meet the needs of students without requiring a statewide change of administrative rules. This would allow local districts to respond more quickly to the potentially unique needs of their community.
2 bills with no position.
Wednesday, April 7, 2021 · House · 69 positions
- Pro-libertyCACR 1taxes. Providing that an income tax on earned personal income shall be prohibited.YEA OTP
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.
* A larger variety of taxing methods obfuscates the true cost of goverment. Preventing the adoption of a new source of taxation helps to ensure that the populace is better aware of the costs imposed by the actions of the state. - Pro-libertyCACR 2taxes. Providing that any broad-based sales tax shall be prohibited.YEA OTP
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 3use of money raised by taxation for education. Providing that money raised by taxation may be applied for the use of religious educational institutions.YEA OTP
Why
This amendment provides that money raised by taxation may be applied for the use of religious educational institutions.
* This amendment will, if approved, allow money raised by taxation to be granted to or applied for the use of a school of a religious sect or denomination.
- Anti-libertyCACR 5New Hampshire general court. Providing that the provision for compensation of legislators is removed.YEA ITL
Why
This bill would eliminate the constitutional limit on legislator salary.
* The existing constitutional language on legislator salary provides a cap on compensation that prevents individuals from taking on a role in the legislature as a career. This bill would remove that language as a first step toward setting a higher salary via statute, as discussed in the minority comittee report.
* The existing modest compensation increases the probability that individuals will only attempt to serve for a limited number of terms and saves New Hampshire taxpayers from being compelled to further fund an organization that demonstrably has as its goal the expansion of state power. - Pro-libertyCACR 8relating to firearms. Providing that the legislature make no law restricting the right to own, carry, or use firearms or firearm accessories.YEA OTP/A
Why
This proposed constitutional amendment clarifies the protections afforded in article 2-a of the New Hampshire Constitution to better affirm that it prevents the state or its political subdivisions from restricting the right own, carry, or use firearms. Further, it precludes New Hampshire law enforcement from participating in enforcement of federal laws that infringe upon rights protected under the New Hampshire Constitution.
* Though the existing article 2-a language of the New Hampshire Constitution fairly clearly outlines protection of the right to keep and bear arms, it is clear that the meaning is not well understood by some in the legislature. This amendment would help provide much needed clarity.
* The 10th Amendment in the Bill of Rights reserves all powers not delegated to the Federal Government for the states, and firearms laws were not delegated to the Federal Government. - Pro-libertyCACR 9relative to municipal taxes. Providing that municipalities may not raise property taxes greater than 2 percent per year and no greater than 1 percent per year on disabled citizens or senior citizens.YEA OTP
Why
This bill limits the acceleration of property tax increases.
* Slowing down the rate of taxation increases encourages localities to manage spending.
* More money in the hands of citizens increases development and participation in the local buisness economy. - Anti-libertyHB 107relative to the minimum hourly rate.YEA ITL
Why
This bill establishes a state-dictated minimum wage of $22.50 per hour.
* 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 private sector 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. - Pro-libertyHB 111establishing a cause of action against the state to protect individual rights.YEA OTP
Why
This bill modifies qualified immunity to give citizens a path to seek redress when their rights are violated by the state.
* Constitutional rights are inherent and violations of those rights, even by a government agency, must be addressed.
* This bill does NOT place a burden on employees of the State. Instead, this bill changes the incentive structure in agencies to ensure training and employee guidelines do not violate rights.
* The bill permits the government to fire the bad actor. So if nothing else, the government will not be left on the hook in perpetuity for a bad actor who continually violates constitutional rights.
* The bill offers an opportunity to restore trust between the citizenry and their government by treating all citizens equally under the law. - Anti-libertyHB 113relative to payment for earned but unused vacation or personal time.YEA ITL
Why
This bill requires an employer to pay its employees for unused vacation time.
* Vacation policy is a private agreement between employer and employee and should not be mandated by the state.
- Anti-libertyHB 119relative to legislative approval of the New Hampshire general court for increases in the systems benefit charge.YEA ITL
Why
This bill removes language from statute that requires the Legislature to approve increases in the systems benefits charge. Legislative oversight of any non-essential expenses, such as energy efficiency, is necessary for prudent governance.
* New Hampshire ratepayers should not be subject to further increases to the systems benefits charge without approval of elected representatives. The charge is a hidden tax on ratepayers.
* Absent legislative oversight, there is a possible increase in this charge from $62 million in 2020 to $280 million by 2023. - Pro-libertyHB 123granting immunity from prosecution for prostitution for reporting a sexual assault.YEA OTP/A
Why
This bill provides immunity from prosecution for prostitution for a person reporting to law enforcement that such person or another person is the victim of a sexual assault.
* An individual who has been victimized should not fear further victimization by the state if they seek help.
- Pro-libertyHB 139relative to the submission of evidence in divorce proceedings.YEA OTP
Why
This bill permits the parties in divorce proceedings to request a continuance if meaningful evidence is submitted less than 5 days prior to the hearing.
* This bill would enable all parties to prepare for the proceedings so that each party will know the issues and be fully prepared on the facts. Providing parties with sufficient time to consider evidence may help the court come to a more equitable decision.
* This bill allows for introduction of new evidence within the 5-day restriction if the evidence was not available 5 days prior to the hearing or if the judge declares it de minimis. - Pro-libertyHB 140relative to private rights of action regarding pupil safety.YEA OTP
Why
This bill creates a private right of action (against a public school) for bullying and cyberbullying that happens as a result of gross negligence or willful misconduct in violation of any provision of RSA 193:F.
* This bill provides the opportunity for an aggrieved party who wins a suit against a school district or charter school to recover legal costs.
- Anti-libertyHB 143relative to an electronic prescription drug program.NAY OTP/A
Why
This bill would limit consumer choice and limit the ability for market forces to moderate the prices of certain prescription drugs.
* Doctors and patients should be free to agree on the format in which prescriptions are provided.
* The bill would reduce patients' control over their own prescriptions by denying them a physical copy.
* A paper prescription can be more convenient for patients who are traveling or are otherwise unable to use their regular pharmacy. - Anti-libertyHB 158relative to the definition of prime wetland.YEA ITL
Why
This bill expands the definition of prime wetland for local protection in fill and dredge permits.
* Current law defines prime wetlands as having to be at least 50 feet wide within a two-acre area as well as meeting other criteria. This bill would allow municipalities to include narrower sections in the wetlands definition if they demonstrate that the section would provide "a significant contribution to the primary wetland functions", however there is no definition of 'significant' and the bill's language that requires municipalities to "consider any potential adverse effects on the landowner from including any narrower portion" is similarly ill-defined and likely to be meaningless in practice.
* Expansion of the prime wetlands designation proposed by this bill will have a negative effect on land owners who will be subject to new stringent permitting on usable land presently not under such requirements. - Anti-libertyHB 160relative to notice of rent increases in certain residential rental property.YEA ITL
Why
This bill would make rent increases unenforceable by landlords unless they inform tenants of the increase within a notice period required by law.
* Tenants and landlords should be free to agree on rental terms without the interference of the government.
* This bill would impose additional record-keeping requirements on landlords, the costs of which would surely be passed along to tenants.
* Any bill which makes rental property management less attractive to landlords will eventually lead to fewer properties on the rental market. At this time of skyrocketing housing costs and reduced inventory, this will hurt marginal tenants most.
* Rent control begins with restrictions on the terms of contracts by setting a baseline of restrictions on contract that are then cited as part of the justification for further restrictions. - Anti-libertyHB 168requiring the adoption of innovative vehicle emissions standards pursuant to section 177 of the federal Clean Air Act.YEA ITL
Why
This bill imposes California emissions standards on New Hampshire and sets mandates for electric vehicle (EV) sales.
* This bill would fine New Hampshire dealerships for not selling enough EVs. This would distort market forces and potentially lead to higher EV costs and crowd out lower income state residents.
* Consumers are already starting to adopt EVs as prices are coming down and range is increasing. New Hampshire citizens would be better served by removing state-imposed fees and removing barriers to the entry of new energy sources in the market, which would drive down New Hampshire's high electrical costs, and allowing the free market to adopt sales of EVs through normal human action. - Anti-libertyHB 177prohibiting the siting of a landfill near a state park.YEA ITL
Why
This bill prohibits the siting of new landfills if any portion of the landfill is within two miles of a state park.
* This is an arbitrary restriction on the placement of new landfills that may result in both increased costs and a manufactured crisis of a shortage of landfill space.
* This restriction may result in the placement of a landfill at a far greater distance from the source of the waste, potentially resulting in a higher lifetime usage of energy to dispose of waste in a landfill.
* Existing law already mandates that permits "(e)nsure that appropriate measures will be taken to prevent present and future damage to the public health and safety or to the environment, in the event that the operations at the facility are abandoned, interrupted, or stopped." — RSA 149-M:9 X(b) - Pro-libertyHB 195adding display of a firearm as an exception to reckless conduct.YEA OTP
Why
This bill clarifies existing law by adding language that indicates mere display of a firearm does not constitute reckless conduct.
* This common sense clarification states that display of a firearm does not constitute reckless conduct as defined by RSA 631:3.
* While the committee minority indicates that this bill is not needed since they believe RSA 631:4 already covers this case, the existing language in this section is inadequate as it explictly only exempts defensive display of a firearm from consideration of the Criminal Threatening section of the RSA. - Pro-libertyHB 196adding trespass as an exception to the charge of criminal threatening.YEA OTP/A
Why
This bill allows one to protect their property and display a firearm to protect their person or property without being charged with criminal threatening.
*This bill allows a property owner to brandish a weapon to warn off a threatening trespasser.
- Pro-libertyHB 206relative to collective bargaining agreement strategy discussions under the right-to-know law.YEA OTP
Why
This bill would require the negotiating by public employers and the union representing the public employees to be done in open sessions.
* Currently everything about collective bargaining is done in secrecy. Letting the represented parties know how their representatives are advancing their interests will empower both taxpayers and rank and file union membership.
* People have a right to know how their money is being spent, and what policies are being enacted in their name. Pragmatically, transparency is required in order to keep corruption and waste in check. While it is always challenging for the public to hold officials accountable, without reliable information, it is nearly impossible. - Anti-libertyHB 209relative to the licensure and regulation of music therapists.YEA ITL
Why
This bill expands occupational licensing in New Hampshire.
* Per the RSA proposed by the bill (326-M:1 V), music therapy does not include the screening, diagnosis, or assessment of any physical, mental, or communication disorder. Music therapists are not qualified mental health professionals. This bill would simply create a new state-granted barrier of entry into a profession that will limit consumer choices, increase costs, and ultimately grow state government.
* Music therapists already work in New Hampshire. This license enables Medicaid/insurance reimbursement which increases federal spending. - Pro-libertyHB 218repealing RSA 321 regarding itinerant vendors.YEA OTP/A
Why
This bill repeals unnecessary state licenses, although localities can still issue their own.
State licensure provides an obstacle to doing business in-state with no increase in protection for citizens.
- Pro-libertyHB 221making the state vaccine registry an opt-in program.NAY ITL
Why
This bill makes the state immunization registry an opt-in program rather than an opt-out program.
* While existing law allows individuals to opt-out of the immunization registry, this bill would require an explicit opt-in. This reduces the risk that an individual's data would be included in a registry without their consent due to error, loss of opt-out information, or failure to understand what is being offered to them.
* Article 2-b of the New Hampshire Constitution states <i>"An individual’s right to live free from governmental intrusion in private or personal information is natural, essential, and inherent."</i> — this recognizes that the state should not presume to know the individual's intent without explicitly asking them. - Pro-libertyHB 224relative to tinted windows on motor vehicles.YEA OTP/A
Why
This bill would relax the existing prohibition on aftermarket tinted side windows.
* Only 3 states including New Hampshire have a prohibition on window tinting (<a href=https://instamotor.com/blog/window-tinting-laws-50-states>instamotor.com/blog/window-tinting-laws-50-states</a>).
* New Hampshire law enforcement already encounters tinted windows on the thousands of tourist vehicles that visit New Hampshire each year. No widespread problems have been reported with these vehicles.
* It is unfair to allow out-of-state visitors to drive with tinted windows while prohibiting New Hampshire residents the same freedom.
* With the recommended committee amendment, aftermarket side window tinting would be allowed to the same degree as is currently already allowed when provided directly from the vehicle manufacturer. - Pro-libertyHB 227relative to termination of tenancy at the expiration of the tenancy or lease term.YEA OTP/A
Why
This bill, as amended, gives tenants 30 days notice that there will not be a renewal, after which the landlord has cause to start an eviction.
* Common sense would lead a person to believe that at the end of a lease, with proper notice, a landlord would be able to reclaim their property, and if necessary, evict the tenant; however, courts have found that given current New Hampshire law, the end of a lease that is not renewed is not sufficient grounds for eviction.
* A lease agreement is a contract between two parties to provide safe access to a property for a pre-determined period of time. Absent this bill, the time provisions of a lease are not meaningful. - Pro-libertyHB 232relative to nonpublic sessions under the right to know law.YEA OTP
Why
This bill restricts nonpublic sessions to negotiations of price for property sale or acquisition.
* Under current law, nonpublic sessions can be used for meetings to consider the acquisition, sale, or lease of real or personal property which, if discussed in public, would likely benefit a party or parties whose interests are adverse to those of the general community. This grant of secrecy is broader than what is required to support negotiations and unnessesarily restricts the public's access to information. This bill would limit the broad grant for secrecy so that it only applies to meetings discussing amount paid, offered, or accepted.
- Pro-libertyHB 243relative to the form of municipal budgets.YEA OTP/A
Why
This bill requires municipal, district, and administrative unit budgets to use full line item detail and publish data in industry-standard spreadsheet format.
* People have a right to know how their money is being spent, and what policies are being enacted in their name. Pragmatically, transparency is required in order to keep corruption and waste in check. While it is always challenging for the public to hold officials accountable, without reliable information, it is nearly impossible.
- Pro-libertyHB 260relative to number plates for motor vehicles.YEA OTP/A
Why
This bill removes the requirement for certain 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. While the committee amendment dramatically reduces the positive impacts of the original bill, it still represents a meaningful step in the correct direction.
* 20 states in the US (up from 19 in 2018 with the addition of Ohio) 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 266relative to enforcement of immigration laws and the prohibition of sanctuary policies.NAY OTP
Why
This bill requires cities and towns to comply with ICE (U.S. Immigration and Customs Enforcement) detainer requests that hold individuals for whom there is no criminal warrant reviewed by a judge.
* An ICE detainer request is not a warrant. They are issued by an official from the executive branch without any judicial review to determine if probable cause exists to hold the indivdual named in the request. As events in the last several years have revealed, unfettered power in the hands of federal agencies can and will be abused if not held at least partially in check by a moderately independent judicial branch.
* The lack of oversight in ICE detainers increases the risk of errors. U.S. Army veteran and U.S citizen Rennison Castillo was held for seven months by ICE before they realized their error (<a href=https://www.foxnews.com/world/rennison-castillo-gets-apology-and-400000-after-government-wrongly-tries-to-deport-him>www.foxnews.com/world/rennison-castillo-gets-apology-and-400000-after-government-wrongly-tries-to-deport-him</a>).
* This bill would remove all discretion from local officials by requiring that they <b>shall</b> "Fully comply with, honor, and fulfill any instruction or request made in the detainer request" (proposed 103-A:3 I(a)) such that even a local law enforcement officer who knew that an individual was a US citizen would be compelled to keep them imprisoned.
* The Frequently Asked Questions published by ICE (<a href=https://www.ice.gov/identify-and-arrest/detainers/ice-detainers-frequently-asked-questions>www.ice.gov/identify-and-arrest/detainers/ice-detainers-frequently-asked-questions</a>) state that if a local law enforcement agency believes the individual to be a US citizen that they should notify the ICE Law Enforcement Support Center at (802) 872-6020. At this point, local law enforcement has kidnapped a US citizen who has no criminal warrant, and the remedy is to make a phone call?
* Support motion to Table or Indefinitely Postpone. - Pro-libertyHB 278relative to the use of unused district facilities by chartered public schools.YEA OTP
Why
This bill requires school districts with unused properties to offer them for lease or sale to charter schools.
* This bill provides a requirement to school districts to offer unused properties to charter schools for sale or lease.
* Taxpayer-funded properties would be used for instruction of students instead of potentially being abandoned and becoming dilapidated. - Pro-libertyHB 282relative to a private school that is approved as a tuition program.YEA OTP/A
Why
This bill deletes the requirement that a private school be nonsectarian in order to be approved as a school tuition program.
* Under current law, if there is no public school for the child's grade in the resident district, the school board may assign the child to another public school or private school; however, current law precludes private sectarian schools. This bill would remove that restriction. This increases the schools that parents can choose from, if they live in a tuitioning town and their school board contracts with such schools, giving them the ability to choose a school that fits their child's needs.
- Anti-libertyHB 288eliminating the housing appeals board.YEA ITL
Why
This bill eliminates a low cost way for property owners to secure justice when local governments violate their right to build housing.
* The Housing Appeals Board (HAB) reduces the cost of legal disputes between municipalities and landowners by providing an alternative to the court system.
* The HAB helps discourage land use boards from unlawfully delaying development approvals.
* HAB works just like other appeals boards that the state has used successfully. - Pro-libertyHB 291relative to public inspection of absentee ballot lists.YEA OTP
Why
This bill attempts to make the absentee ballot process for an election transparent. It requires the secrectary of state to provide these reports for elections.
* This bill requires the secretary of state to make information regarding mail-in ballots in elections available upon request.
* Increasing transparency in elections is key to legitimate elections.
* Mail-in ballots are a likely source of voter fraud (<a href=https://nypost.com/2020/08/29/political-insider-explains-voter-fraud-with-mail-in-ballots/>nypost.com/2020/08/29/political-insider-explains-voter-fraud-with-mail-in-ballots/</a>). - Pro-libertyHB 300relative to driver education.NAY ITL
Why
This bill allows a waiver to institutional driver's education if a parent or guardian provides instruction.
* The current driving instruction option requires that parents/guardians 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 307relative to the state preemption of the regulation of firearms and ammunition.YEA OTP/A
Why
This bill explicitly states that political subdivisions of the state will have no authority to govern firearms, firearms components, ammunition, ammunition components, firearms supplies and accessories, or knives. It includes fines for offenders and legal fees for petitioners.
* Citizens are expected to follow the state law, regardless of their awareness of the statutes. This bill clarifies that local public officials need to also follow state statutes and provides a mechanism for enforcement.
* This bill prevents localities from creating a patchwork of different firearms restrictions that would potentially entrap someone driving from one town to another. - Pro-libertyHB 334relative to prohibitions on carrying a loaded firearm on an OHRV or snowmobile.YEA OTP
Why
This a modest improvement to New Hampshire's existing constitutional carry law which corrects an oversight that mandates a permit when carrying a pistol or revolver when operating a snowmobile or Off Highway Recreational Vehicle (OHRV).
* New Hampshire voters affirmed our inherent right to self-defense in 1982 with the adoption of Article 2-a. of the state Constitution: <i>"All persons have the right to keep and bear arms in defense of themselves, their families, their property and the state."</i>
* A requirement to have a license to carry a concealed firearm is an infringement on an individual's right to self-defense. This bill removes the infringement of the right of law-abiding citizens to carry protection discreetly when operating snowmobiles or OHRVs. - Anti-libertyHB 338relative to penalties for dog theft and tampering with a dog's radio collar.NAY OTP/A
Why
This bill, with the proposed committee amendment, makes the crime of dog theft and the crime of intentional poisoning of a dog a class B felony on the first offense and a class A felony on subsequent offenses.
* Under current law, theft or poisoning of a dog is an unspecified misdemeanor. An unspecified misdemeanor can be either class A or class B, with the presumption being a class B misdemeanor. If class B, the punishment can be a fine and up to one year in prison. As a society we must recognize that not all crime can or should come with a potentially dramatically life-altering penalty. While we might imagine such penalties only being used against the most heinous of actors, prosecutors often 'stack' charges to bully potentially innocent individuals into accepting lesser charges.
* Restitution for the victim should be the primary goal of the criminal justice process. A dog is not mere property and thus while it is unlikely that a uniquely property rights-based solution to the anguish of the owner and the animal is entirely sufficient, it is not clear that enhanced retribution by state actors, particularly for the first offense, remedies the situation either. - Pro-libertyHB 341relative to permissible residential units in a residential zone.NAY ITL
Why
This bill preempts local regulation of private property to the extent that such regulation prohibits the building of multifamily homes on a single parcel (up to four units) in certain areas.
* By enhancing the rights of private property owners, this bill is emphatically pro-liberty.
* Lack of suitable housing in New Hampshire may be relieved if property owners have the freedom to build multi-unit homes on their parcels. - Anti-libertyHB 345establishing a license for mushroom harvesters.NAY OTP/A
Why
This bill creates a new license for wild mushroom foragers and dealers.
* 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.
* This bill attempts to address prior incremental erosion of liberty with further incremental erosion by adding this new license to mitigate the adoption of the 2017 Food and Drug Administration Food Code by the NH Department of Health and Human Services. The appropriate action is to reverse that prior error. - Pro-libertyHB 351relative to the system benefits charge.YEA OTP
Why
This bill requires legislative approval of increases to the systems benefits charge.
* This bill provides visibility and accountability for certain increases in electricity costs.
* The bill gives voters a say in how government-mandated charges get spent. - Anti-libertyHB 352relative to operation of recreational vehicles on state highways.YEA ITL
Why
This bill would create new state licensing requirements by requiring the commissioner of the department of safety to adopt rules relative to the safe operation of recreational vehicles on state roads and highways.
* New restrictions placed on New Hampshire inhabitants should not be considered lightly. This bill requires a single individual to adopt new restictions without any guidance from the legislature that would constrain the nature of the new restrictions.
- Anti-libertyHB 358relative to the installation of solar energy systems in condominiums.YEA ITL
Why
This bill will drive up housing costs in NH and interfere in the condominium market.
* This bill would prohibit future condominium bylaws from requiring more than a simple majority vote for the installation of solar photovoltaic energy systems. The result would be that condominium residents could quickly have to absorb increased capital costs that could make the difference between making the mortgage and homelessness.
* As solar costs continue to fall and efficiency increases, if solar is economically viable, it will not require state mandates to force spending increases on condominium residents. - Pro-libertyHB 381relative to laboratory testing.YEA OTP
Why
This bill enables laboratories offering testing on a direct access basis to allow individuals to order their own lab tests at
their own expense without a doctor's order.* Individuals should have the right to control their own health decisions — with or without the advice of a physician.
* State-imposed restrictions on the availability of medical tests based on a fear that individuals lack the ability to interpret results are paternalistic. - Pro-libertyHB 388relative to changing a pupil's school or assignment because of a manifest educational hardship.YEA OTP/A
Why
This bill, with the proposed committee amendment, allows parents to request that a child with manifest educational hardship be transfer to an approved private school.
* Under current law, a parent may request that a student be moved to a public school in another district if the child is experiencing manifest educational hardship at the geographically-assigned school. This bill would expand the options to include the possibility of utilizing a private school to address the issues if the private school is approved and contracted by a local public school board. That is the same as existing law for when the student transfers to an out-of-district public school; this bill extends that provision to private schools.
- Pro-libertyHB 402relative to takings of property in a declared emergency.YEA OTP
Why
This bill provides for modest protection of private property rights by adding a requirement that 2/3 of the House and Senate must agree to emergency takings.
* Article 2 of the New Hampshire Constitution states <i>"[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...."</i> Though New Hampshire has not yet seen abuse of the existing broad grant of emergency taking power, as we have witnessed over the past year, emergency powers can be abused beyond what is intended in original legislative authority. This bill would place a modest check on potential future executive abuse of power.
- Pro-libertyHB 417relative to the powers of the governor during a renewal of a declared state of emergency.YEA OTP/A
Why
This bill, with the proposed committee amendment, requires legislative oversight of executive power during a renewed state of emergency.
* This bill would terminate a state of emergency 30 days after it has been declared unless renewed by the legislature, while still allowing for incremental extension in the cases where the legislature is unable to meet.
* In addition, renewed emergencies would require legislative approval of any executive orders issued. Any federal or private emergency funding to the state would go through the governor and the Executive Council, and would also be required to go through the general court fiscal committee. - Pro-libertyHB 430repealing the prohibition on entering or remaining on a public way or sidewalk adjacent to a reproductive health care facility.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 more than 6 years and appears to be unenforced. Buffer zones are reminiscent of the abhorrent "free speech zones" at presidential events. A similar Massachusetts law was already struck down by the U.S. supreme court in a 9-0 opinion (McCullen v. Coakley, 573 U.S. 464 (2014) — <a href=https://www.scotusblog.com/case-files/cases/mccullen-v-coakley/>www.scotusblog.com/case-files/cases/mccullen-v-coakley/</a>)
* Many of the complaints SB 319 looked to resolve are already covered by existing statutes. - Pro-libertyHB 439relative to the powers of city councils.YEA OTP
Why
This bill limits the authority of city councils to make bylaws and ordinances to those by which they are specifically empowered by state statute.
* This is a modest change that removes one overly vague delegation of power to city councils by eliminating the phrase in statute "They may make any other bylaws and regulations which may seem for the well-being of the city; but".
* Even with this change, city councils are still delegated substantial authority to adopt bylaws and ordinances as RSA 47:17 contains a large number of other explicit grants of authority. - Pro-libertyHB 440relative to the protection of religious liberty.YEA OTP/A
Why
As amended, this bill will allow a court challenge of civil rights restrictions under a state of emergency.
* This bill helps to clarify that civil liberties are to be protected not only when it is convenient. The bill would provide the ability to challenge violations of constitutional protections and civil liberties.
* RSA 4:45 and 4:47 give the governor authority to act in a state of emergency, but those actions taken must do so while protecting the rights of the people of New Hampshire. - Anti-libertyHB 449relative to the repair of home appliances.YEA ITL
Why
This bill requires home appliance manufacturers to make available to appliance owners and repair providers certain repair-related documentation, parts, and tools.
* This bill would place a mandate on manufacturers even if they chose not to offer products for sale in New Hampshire, as the bill language places the mandate on manufacturers if a product is "sold or <b>used</b> in this state".
* Businesses should not be mandated to provide repair/service manuals by threat of force from government. - Anti-libertyHB 450relative to motor vehicle insurance policy minimums.YEA ITL
Why
This bill increases the minimum coverage amount required for motor vehicle liability insurance.
* Even without an insurance mandate, New Hampshire has amoung the lowest (7th lowest) rate of uninsured motorists in the country (www.iii.org/fact-statistic/facts-statistics-uninsured-motorists). Increasing mimimum liability limits would drive up insurance costs and might make the difference between an individual having some coverage and no coverage at all.
* This bill would have a disproportionate discriminatory effect on people of modest incomes. - Pro-libertyHB 507prohibiting no-knock warrants.NAY ITL
Why
This bill prohibits a law enforcement officer from seeking, executing, or participating in the execution of a no-knock search warrant.
* "No-knock" warrants allow law enforcement to use force to gain entry into a residence without giving any prior notice or announcing their entry. This is dangerous both for the police and the potentially-innocent occupants of the household as the resulting confusion dramatically increases the probability of inadvertent injury or death.
* Per the New Hampshire Law enforcement manual (<a href=https://www.doj.nh.gov/criminal/documents/law-enforcement-manual.pdf>www.doj.nh.gov/criminal/documents/law-enforcement-manual.pdf</a>) the purpose of 'knock and announce' is to protect people's rights to privacy in their homes and to prevent unnecessary violence that could result from unannounced entries. - Pro-libertyHB 511relative to the penalties for possession of certain controlled drugs.NAY ITL
Why
This bill makes the first 4 convictions of controlled substances under 4 ounces a misdemeanor offense instead of a felony. The bill makes possession of rohypnol (aka "roofies", date rape drug) a felony offense.
* This bill reduces the severity of charges for the posession of small amounts of schedule I-IV substances.
- Pro-libertyHB 539relative to records of communications common carriers.YEA OTP
Why
This bill requires that customer information in records of communications common carriers only be provided pursuant to a search warrant or a judicially-recognized exception to the warrant requirement.
* Under current law, otherwise-private information held by communication common carriers must be provided to the state upon written demand of the attorney general. This is incompatible with the spirit and potentially the letter of the New Hampshire Constitution which states that "<i>[Art.] 2-b. [Right of Privacy.] An individual's right to live free from governmental intrusion in private or personal information is natural, essential, and inherent.</i>".
* Inhabitants' private information should be protected and require judicial review of the requests of agents of the executive branch to reduce the risk of abuse. - Pro-libertyHB 542relative to the applicability of a state of emergency declaration to a house of worship.YEA OTP/A
Why
This bill provides that any prohibition on in-person gatherings during a declared state of emergency shall not apply to houses of worship.
* The amended version of this bill recognizes the religious freedom outlined in the united States and New Hampshire Constitutions. Our system of government guarantees the free exercise of religion and the right of people to peaceably assemble, yet under current law we allowed these rights to be trampled through simple executive action.
* While this bill would preserve the ability of the government to require religious organizations to comply with the least restrictive possible neutral health and safety regulations believed to be essential to further a compelling government interest, and this is likely to be subject to future abuse and broad interpretation, the bill is an important step toward reinforcing the protections outlined in the Constitution. - Pro-libertyHB 546relative to 911 immunity for reporting that a person has been the victim of a violent crime.YEA OTP
Why
This bill provides immunity from controlled substance-based criminal charges for a person who reports to law enforcement that an individual has been the victim of a violent crime.
* This bill would save lives by encouraging people to call 911 or otherwise seek medical attention when a violent crime has been committed.
* The purpose of state restrictions on controlled substances is ostensibly to reduce the risk of harm. Current law may increase that risk in some cases by causing an individual to delay requests for help for fear of criminal prosecution. In addition, current law increases the risk that the perpetrator of a violent crime may escape punishment due to witnesses being afraid to report the crime. This bill would reduce that risk. - Anti-libertyHB 550relative to the nonpayment of rent during the state of emergency.YEA ITL
Why
This bill seeks to delay evictions during the current state of emergency for which numerous sources of aid have already been provided.
* This bill assumes landlords have no costs involved in offering their rentals. When landlords are forced to absorb the costs of non-payment, they will increase rents to factor in losses. This bill will increase already high rents.
- Pro-libertyHB 557relative to the authority of state and county correctional facilities to discipline inmates using close or solitary confinement.NAY ITL
Why
This bill prevents the commissioner of corrections from using isolation as a punishment for prisoners.
* This bill does not abolish solitary confinement in New Hampshire, which is ordinarily authorized under the statutes permitting punitive, medical, and administrative segregation. However, it does repeal a particular authority to impose solitary confinement for "ill language" or "refractory" behavior. The language repealed is archaic and the provision outdated. Experts now recommend that solitary confinement be used only to protect prisoners or guards from those prisoners who engage in violence or threats.
* While this bill prevents the commissioner of corrections from using isolation as a punishment for prisoners, it does not prevent them from using said isolation to protect the prisoners. See: <a href=https://www.scientificamerican.com/article/neuroscientists-make-a-case-against-solitary-confinement/>www.scientificamerican.com/article/neuroscientists-make-a-case-against-solitary-confinement</a> - Pro-libertyHB 566relative to sealing records in nonpublic session under the right-to-know law.YEA OTP/A
Why
This bill with the proposed committee amendment requires that sealed minutes of a nonpublic session related to the acquisition, sale, or lease of real or
personal property be released once the transaction closes or the public body decides not to proceed.* While there may be value to holding some information in confidence during negotiations on the acquisition or sale of property to ensure that a public body can effectively negotiate with a third party, once the transaction is abandoned or completed, the public has a right to know how their representatives came to the conclusions that led to the outcome of the transaction. This is a small step to add more transparency to government.
- Pro-libertyHB 588relative to building codes for tiny houses.NAY ITL
Why
This bill defines tiny houses and provides for the authority and requirements for municipal regulation.
* This bill on net increases liberty, because it legalizes tiny houses statewide, whereas they are at present legal only in a few towns.
* The committee summary makes note that the New Hampshire Municipal Association opposed the bill as they felt that very few people would have interest in this as a housing solution. This may in fact be the case but this position fundamentally undermines the rights of private property owners by supplanting the wishes of the property owner with an assumption made by a political subdivision of the state. - Anti-libertyHB 593requiring a food delivery service to enter into an agreement with a food service establishment or food retail store before offering delivery service from that restaurant.NAY OTP/A
Why
This bill would make it a violation for any food delivery platform to arrange for the delivery of food without having an agreement in place with the restaurant or store.
* This bill limits choices for consumers and increases the complexity of commerce in the state.
* Had the terms of this bill been in place at the start of the restrictions imposed by the Governor due to the pandemic, consumers would have been left with fewer choices and a longer transition to finding more food delivery choices.
* Restaurants can already include flyers or other informational materials with their take out orders pointing consumers to preferred vendors. - Pro-libertyHB 606exempting services provided without renumeration from license requirements for barbering, cosmetology, and esthetics.YEA OTP
Why
This bill states that a person may provide barbering, cosmetology, or esthetics services without payment of services and not be guilty of a misdemeanor.
* While the exemptions to licensing in this bill are only a small positive improvement to New Hampshire's overly burdensome licensing scheme, the bill still represents a positive step forward by eliminating one risk of selective enforcement that could be used to target historically disadvantaged communities.
- Anti-libertyHB 612relative to the penalty for overtaking a school bus.YEA ITL
Why
This bill updates the penalty to the average, but requires the judge shall (vs may) suspend the driver's license.
* This bill updates the penalty to require the suspension of a driver's license. The punishment is excessive.
- Pro-libertyHB 615reducing the penalty for certain first offense drug possession charges.YEA OTP/A
Why
This bill makes modest improvements by reducing some of the harm of the state's failed War on Drugs.
* This bill is a "right on crime" adjustment to criminal penalties for drug offenses. It slightly reduces some maximum sentences for first-time offenders and eliminates some mandatory minimum sentences. Research overwhelmingly shows that sentence length does not deter crime very much. Probability of punishment is a far more effective deterrent.
* Shorter sentences make it possible for first-time offenders to rehabilitate and become productive members of society.
* By reducing the population of nonviolent offenders in prison, this bill will reduce state spending and taxation. - Anti-libertyHB 618relative to the sale and distribution of polystyrene food service products.YEA ITL
Why
This bill prohibits the sale of many foods in polystyrene containers.
* This bill would increase the costs to consumers, as polystyrene is an inexpensive means to temporarily store food and insulate food at the same time.
* Polystyrene cups require less energy to produce than paper cups, meaning less energy is consumed when they are disposed of. - Pro-libertyHB 66relative 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.
- Pro-libertyHB 71relative to school district emergency special meetings.YEA OTP/A
Why
This bill prohibits the superior court from allowing special school meetings for recent items that were not approved or were rejected at the regular meeting.
* This bill prohibits the superior court from allowing special school meetings for a collective bargaining agreement that was voted down at the regular meeting.
- Anti-libertyHB 80relative to expenditures from the energy efficiency fund.YEA ITL
Why
This bill increases residential electricity costs by $5 million per year. It spends that money on state-sponsored energy efficiency, taking away the choice of how people spend their money.
* Approximately $5 million of RGGI–sourced funds are rebated each year to New Hampshire residential ratepayers and another $12 million to commercial and industrial customers. This bill would eliminate the residential rebate and provide it to fund centrally-planned energy efficiency projects.
* The imbalance in this bill would makes residential ratepayers subsidize commercial/industrial customers' energy efficiency — corporate welfare.
102 bills with no position.
Thursday, April 1, 2021 · Senate · 4 positions
- Anti-libertySB 150establishing a dental benefit under the state Medicaid program.NAY OTP
Why
This bill will increase state spending by providing adults in the Medicaid program with dental coverage.
* This program provides able-bodied adults in New Hampshire with dental coverage at taxpayer expense.
* This bill would cost state taxpayers between $6 million and $11 million in state taxpayer funds and more than $28 million of taxpayer funding overall when state and federal spending are considered. These costs would be a 'starting point' as the bill provides no cap on annual per-patient expenses. - Pro-libertySB 154prohibiting the state from enforcing a Presidential Executive Order that restricts or regulates the right of the people to keep and bear arms.YEA OTP/A
Why
This bill prohibits any agent of the state from enforcing any Executive Order of the current or future President of the United States that has the purpose or effect of restricting or regulating the right of the people to keep and bear arms.
* An executive order is a published directive from the President of the United States that manages operations of the federal government. To the extent these orders provide clarity to the executive branch on how to carry out the intent of federal laws or the powers explicitly granted to the president, these orders are arguably a necessary use of executive authority. However, for more than one hundred years, presidents from all parties have sought to expand their powers. This bill would modestly restrict such expansion.
* In Federalist 37 (<a href=https://avalon.law.yale.edu/18th_century/fed47.asp>avalon.law.yale.edu/18th_century/fed47.asp</a>), James Madison wrote <i>"There can be no liberty where the legislative and executive powers are united in the same person, or body of magistrates".</i> While this bill only seeks to limit expansive use of federal executive authority for one purpose, it is a good first step toward ensuring that at least one enumerated right is offered modest protection from infringement by a single branch of government. - Anti-libertySB 67relative to paid sick leave.YEA ITL
Why
This bill requires employers to provide paid time off for all employees for illnesses and certain other absences.
* This bill would increase costs for all employers, many of whom are struggling to stay in business due to the state's response to the COVID-19 pandemic.
* The bill would increase the risks of frivolous legal action as the barrier for a rebuttable presumption of unlawful retaliation is low, allowing nearly any terminated employee to make a reasonable case that termination was related to the provisions of this bill. - Pro-libertySB 74relative to advance directives for health care decisions.YEA OTP/A
Why
This bill clarifies existing New Hampshire RSAs relative to Advance Health Care Directives allowing surrogates to consent to clinical trials or experimental treatments.
* This bill clarifies a number of aspects of the existing New Hampshire RSAs associated with advanced directives for health care including new language that outlines the ability for a surrogate to consent to experimental treatment consistent with authority granted in a durable power of attorney for health care (when such conditions are explictly mentioned) or consistent with standard guidelines when the durable power of attorney for health care does not cover the topic.
* These changes improve the ability for an individual to delegate a person they trust to ensure their wishes are being fufilled when they are unable to express their wishes to due to permanent or temporary lack of capacity to make health care decisions.
11 bills with no position.
Thursday, March 25, 2021 · Senate · 4 positions
- Pro-libertyHB 173requiring the independent investment committee of the New Hampshire retirement system to report investment fees.YEA OTP
Why
This bill requires the quarterly report of the retirement system's independent investment committee to include a description of investment fees and requires independent investment committee reports to be available on the retirement system's website.
* People have a right to know how their money is being spent, and what policies are being enacted in their name. Pragmatically, transparency is required in order to keep corruption and waste in check. While it is always challenging for the public to hold officials accountable, without reliable information, it is nearly impossible.
* This bill is a small improvement in the area of government transparency. - Pro-libertySB 101increasing the minimum gross business income required for filing a business profits tax return.YEA OTP
Why
This bill increases the minimum gross business income required for filing a business profits tax return, reducing the burden of preparing tax filings for thousands of businesses who ultimately would not have any tax liability.
* The threshold for filing was last increased to its current value of $50,000 in 1994; since that time, the actions of the Federal Reserve have devalued US currency so that same threshold today would be more than $88,000 (<a href=https://www.usinflationcalculator.com/>www.usinflationcalculator.com</a>). This bill would increase the filing threshold to $75,000, partially mitigating the filing cost impacts for businesses that today are required to file but who would not have had to file in 1994.
* Per testimony given in the hearing, this bill is estimated to have an effect on 4,664 taxpayers. Of those who filed business profits tax returns with NH in 2019, the Department of Revenue Administration estimated that 4004 of these businesses that were required to file ultimately had no tax liability, wasting time of the businesses as well as the state in generating and processing these returns. - Anti-libertySB 127adopting omnibus legislation on appropriations.NAY OTP/A
Why
This omnibus bill creates an animal health database and requires pet vendors, animal shelters, and vets to submit electronic records to the department of agriculture and allocates $10 million in taxpayer funds for a social engineering project referred to as "affordable housing" projects.
* This bill will allow the state to create a database of health records for animals, but also allows the department of agriculture to collect any data they deem necessary. This is an overreach of the state's responsibility.
* With data breaches increasing every day, we should not be creating more targets for bad actors to attack to get personal information. While the intentions of the bill are in good faith, this database will only grow with time and reach into other aspects of NH citizens' lives. The bill's language of "The commissioner shall also ensure that the database is secure from unauthorized access or use" is little more than wishful thinking, and attempts to achieve this mandate will drive development and sustainment costs far beyond what was listed in the fiscal note.
* Municipalities already get vaccination records. By requiring the veterinarians to do more paperwork and government filing, it will only increase healthcare costs of animals. This type of regulation has killed the healthcare industry and will kill the pet care industry next if we allow this bill to pass.
* 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 72relative to a state share of retirement system contributions by employers.YEA ITL
Why
This bill increases state spending by more than $50 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".
* Increased state funding to municipalties rarely results in local property tax relief as municipalities grow long-term spending even on 'one-time' money. Municipalties already have a means of achieving local property tax relief by reducing the number of employees to align with the reduced student populations across the state.
9 bills with no position.
Thursday, March 18, 2021 · Senate · 4 positions
- Anti-libertySB 136relative to the state minimum hourly rate.YEA ITL
Why
This bill establishes a state-dictated minimum wage of $10 per hour on January 1, 2020, increasing to $12 per hour on January 1, 2024.
* 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 private sector 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. - Pro-libertySB 52relative to city charter provisions for tax caps.YEA OTP/A
Why
This bill requires city charter exclusions and ordinances that have the effect of a budget cap override to require a supermajority vote.
* New Hampshire municipalities derive the authority for their charters from legislative grants from the general court. This bill clarifies the existing grant of authority for a spending cap provision in city charters. This bill would require that votes or accounting practices that have the effect of redistributing budget items from within the limits of the cap to outside the limits of the cap shall be construed as the functional equivalent to an override and shall require the same supermajority vote as an override threshold.
* This bill, with the recommended committee amendment, retains the authority for a municipality to adopt a cap that excludes dedicated, enterprise, or self-supporting funds or accounts, capital reserve funds, grants, or revenue from sources other than local taxes and adds interest and principal payments on municipal bonded debt to the list of potential exclusions. - Anti-libertySB 60prohibiting the transport of an open container of marijuana in a motor vehicle or OHRV.YEA ITL
Why
This bill allows the state to impose sanctions on individuals who are safely operating a motor vehicle or Off-Highway Recreational Vehicle (OHRV) if an open container of a cannabis-derived medication is being transported.
* This bill would put drivers and passengers of vehicles in legal jeopardy for transporting one limited class of medication that happens to be open even if neither the driver nor passenger is making use of the medication.
* No such medication restriction is applied to other legal pharmaceuticals.
* The bill is poorly worded with regard to transport in a vehicle or OHRV without a trunk as it requires the medication to be stored in a compartment "which is the least accessible to the driver." — this vaguely worded standard is open to abuse and puts both police and the general public in the difficult situation of weighing the relative accessibility and definition of each nook and cranny in the vehicle. This may encourage storage in locations where the medication is likely to be lost and later recovered by a minor. - Anti-libertySB 92relative to increasing the penalty for criminal mischief, the release of a defendant pending trial, and requiring law enforcement candidate background checks.NAY OTP/A
Why
This bill further attacks an innocent defendant's ability to defend themselves against the state.
* This bill further encroaches on the fundamental principle that all defendants are innocent until <i>proven</i> guilty. This means the judicial behavior must be heavily biased in favor of freedom of the defendant to defend themselves, not in the convenience of the state.
* This bill also forces former/current employers of candidate police officers to furnish information related to their former/current employees or face civil liability. The employer may charge "reasonable fees" for this effort which will increase the costs for the municipal taxpayers.
* This bill increases the penalty for an expansive law "protecting" public property.
20 bills with no position.
Thursday, March 11, 2021 · Senate · 5 positions
- Anti-libertySB 114relative to the enjoyment of publicly-accessible and publicly-funded recreation areas.NAY OTP/A
Why
This bill codifies the concept of "verbal violence" into New Hampshire law without defining it, undermining freedom of speech.
* In 1993, author Jonathan Rauch wrote in a New York Times opinion piece "Until the concept of "verbal violence" is discredited, it will keep inspiring activists to hunt for legal ways to restrict speech. It will eat at the moral foundation of the liberal intellectual system, a system that sorts sound beliefs from frivolous ones by means of robust and, yes, often hurtful criticism" (<a href=https://www.nytimes.com/1993/06/26/opinion/words-aren-t-violence.html>www.nytimes.com/1993/06/26/opinion/words-aren-t-violence.html</a>). This opinion is as valid today as it was then.
* The bill is vague as to what "verbal violence" entails, as it does not define it. If it is intended to mean "(verbal) threat of physical violence" then that is already a crime, and we don't need the new term "verbal violence", which is completely subject to interpretation.
* The New Hampshire Constitution Part 1 (Bill of Rights) states: <i>[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.</i> (<a href=https://www.nh.gov/glance/bill-of-rights.htm>www.nh.gov/glance/bill-of-rights.htm</a>) - Anti-libertySB 115establishing greenhouse gas emission reduction goals for the state and establishing a climate action plan.YEA ITL
Why
This bill claims that human interaction with the environment is the driving force for global climate change.
* This bill will impact all manner of commerce and may be used as an excuse to destroy liberty on multiple fronts. Examples: Rolling blackouts during summer to limit electricity consumption, increasing barriers and costs to starting a business, outlawing or prohibiting lead ammunition for firearms, decreasing the farming of livestock and thereby inflating the cost of food.
* The goals in this bill will insidiously drive up taxation in New Hampshire through fee increases and tax increases on items such as gasoline and utilities.
* If "because the science" works for COVID, then the science clearly shows that the sun is the driving force of climate change. Nothing else matters as much. With respect to New Hampshire, it is 84% forested. We are where CO2 goes to get converted to oxygen. No exportation of gaseous plant fertilizer here. - Anti-libertySB 150establishing a dental benefit under the state Medicaid program.NAY OTP/A
Why
This bill will increase state spending by providing adults in the Medicaid program with dental coverage.
* This program provides able-bodied adults in New Hampshire with taxpayer-funded dental coverage at taxpayer expense.
* This bill would cost state taxpayers between $6 million and $11 million in state taxpayer funds and more than $28 million of taxpayer funding overall when state and federal spending are considered. These costs would be a 'starting point' as the bill provides no cap on annual per-patient expenses. - Anti-libertySB 44establishing the New Hampshire workforce pathway program and commission.NAY OTP
Why
This bill grows the scope of the existing government-sponsored jobs training program and will result in additional demand for taxpayer funds for centrally-planned job training.
* 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.
* While the bill does not appropriate any new funds, it grows the constituency and argument for additional spending on the fund. - Anti-libertySB 73establishing a green building standards initiative as part of the low or moderate income housing loan program and making an appropriation therefor; and establishing a commission to study green housing and utility source options.YEA ITL
Why
This bill lays the groundwork for future increases in taxpayer spending and seeks to establish a foothold for prevailing wage laws in taxpayer-funded projects.
* This bill contains a study commission provision to determine the appropriate way to institute a state prevailing wage law.
* Similar federal legislation (Davis Bacon Act) was passed with the deliberate intent to prevent non-unionized, less established, minority laborers from competing with established, unionized, white workers during the depression. The effect of this will still be to dramatically increase the risk and/or cost of employing workers with potential for growth but with lower demonstrated skill level.
* If instituted, small firms may not have the personnel to absorb compliance overhead costs. This bill would have the effect of biasing state contracts towards larger/established firms.
9 bills with no position.
Thursday, March 4, 2021 · Senate · 0 positions
NHLA took no position on any of the 7 bills up for a vote.
Wednesday, February 24, 2021 · House · 18 positions
- Anti-libertyHB 107relative to the minimum hourly rate.YEA ITL
Why
This bill establishes a state-dictated minimum wage of $22.50 per hour.
* 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 private sector 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. - Pro-libertyHB 197relative to the use of deadly force in defense of another.YEA OTP/A
Why
This bill protects individuals who use deadly force to defend themselves or others in any home or vehicle.
* New Hampshire law already protects residents who must defend themselves against the threat of unlawful force while on their own property.
* This bill would simply extend that common sense protection to individuals who are defending their family or others including those in a vehicle. - Anti-libertyHB 246establishing a protective order for vulnerable adults.YEA ITL
Why
This bill creates a system for issuing a civil restraining order for actions that are already treated as a crime.
* Current statutes [RSA 631: 4,8,9] already address these actions as criminal behaviors: Section 631:4 Criminal Threatening.; Section 631:8 Criminal Neglect of Elderly, Disabled, or Impaired Adults.; Section 631:9 Financial Exploitation of an Elderly, Disabled, or Impaired Adult.
* Further, the decision to seize firearms and prohibit future purchases is made in a proceeding where the normal rules of evidence need not apply as 173-D:4 VI, as proposed, includes <i>"In any proceeding under this chapter, the court shall not be bound by the technical rules of evidence and may admit evidence which it considers relevant and material."</i> - Anti-libertyHB 274relative to payment by the state of a portion of retirement system contributions of political subdivision employers.YEA ITL
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".
* Increased state funding to municipalties rarely results in local property tax relief as municipalities grow long-term spending even on 'one-time' money. Municipalties already have a means of achieving local property tax relief by reducing the number of employees to align with the reduced student populations across the state. - Anti-libertyHB 345establishing a license for mushroom harvesters.NAY OTP/A
Why
This bill creates a new license for wild mushroom foragers and dealers.
* 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.
* This bill attempts to address prior incremental erosion of liberty with further incremental erosion by adding this new license to mitigate the adoption of the 2017 Food and Drug Administration Food Code by the NH Department of Health and Human Services. The appropriate action is to reverse that prior error. - Pro-libertyHB 349relative to certification requirements for school nurses.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 365giving peace officer status to federal law enforcement officers.YEA ITL
Why
This bill expands the authority of the U.S. Customs Service, the Federal Bureau of Investigation, the Drug Enforcement Administration, the Bureau of Alcohol, Tobacco and Firearms, and the U.S. Marshalls to carry out law enforcement operations in the state of New Hampshire.
* Every time a law enforcement officer with police power interacts with a private citizen, there is always the possibility of overreaction and unintended deaths, injuries, and destruction of property. Giving the power to arrest to more officers increases the likelihood of violence, not peace.
* Policing is a local issue, and getting federal officers involved in law enforcement problems has led to increased militarization of local police services. Certifying federal police to make arrests in New Hampshire would be a step in the wrong direction. - Pro-libertyHB 420relative to the use of funds in the drug forfeiture fund.NAY ITL
Why
This bill modifies the drug forfeiture fund to expand its use to include costs of drug treatment, mental health treatment, rehabilitation, prevention, or education.
* 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 enforcement-centric approach is a failure.
* While this bill would still allow the use of forteiture funds for state and local costs associated with an enforcement approach to drug issues, it is a small step in the right direction by allowing for a less harmful use of these funds. - Pro-libertyHB 430repealing the prohibition on entering or remaining on a public way or sidewalk adjacent to a reproductive health care facility.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 more than 6 years and appears to be unenforced. Buffer zones are reminiscent of the abhorrent "free speech zones" at presidential events. A similar Massachusetts law was already struck down by the U.S. supreme court in a 9-0 opinion (McCullen v. Coakley, 573 U.S. 464 (2014) — <a href=https://www.scotusblog.com/case-files/cases/mccullen-v-coakley/>www.scotusblog.com/case-files/cases/mccullen-v-coakley/</a>)
* Many of the complaints SB 319 looked to resolve are already covered by existing statutes. - Anti-libertyHB 532creating an animal records database.NAY OTP/A
Why
This bill creates an animal health database and requires pet vendors, animal shelters, and vets to submit electronic records to the department of agriculture.
* This bill will allow the state to create a database of health records for animals, but also allows the department of agriculture to collect any data they deem necessary. This is an overreach of the state's responsibility.
* With data breaches increasing every day, we should not be creating more targets for bad actors to attack to get personal information. While the intentions of the bill are in good faith, this database will only grow with time and reach into other aspects of NH citizens' lives. The language of "The commissioner shall also ensure that the database is secure from unauthorized access or use" is little more than wishful thinking, and attempts to achieve this mandate will drive development and sustainment costs far beyond what was listed in the original fiscal note.
* Municipalities already get vaccination records. By requiring the veterinarians to do more paperwork and government filing, it will only increase healthcare costs of animals. This type of regulation has killed the healthcare industry and will kill the pet care industry next if we allow this bill to pass. - Anti-libertyHB 590relative to paid sick time.YEA ITL
Why
This bill requires employers to provide paid time off for all employees for illnesses and certain other absences.
* This bill would increase costs for all employers, many of whom are struggling to stay in business due to the state's response to the COVID-19 pandemic.
* The bill would increase the risks of frivolous legal action as the barrier for a rebuttable presumption of unlawful retaliation is low, allowing nearly any terminated employee to make a reasonable case that termination was related to the provisions of this bill. - Anti-libertyHB 594relative to the school building aid program.NAY OTP/A
Why
This bill dramatically increases state government spending, requiring that the state spend at least $50 million per year on school building aid.
* Local school districts receive the benefit of building projects and should pay the full cost locally rather than taxing the rest of the state.
* Local districts have less of an incentive to make wise cost trades when planning construction or renovation projects when additional funding is seen as 'free money from the state'.
* In 2016, HB 549 with similar provisions was struck down on consent with the committee noting <i>"The concept of school building aid was vital to our state in past decades when growing student populations put great pressure on communities to add new school buildings. Most of this past decade has seen significant declines in enrollment. Therefore, the legislature saw less urgency in this part of the budget versus some others".</i> Even before the panemic, public school enrollment continued to decline after 2016, and though it is reasonable to assume that not all of the additional decline that happened as a result of the governor's response to the pandemic will remain permanent, mandating an increase in spending on buildings with dwindling enrollment is fiscally unwise. - Pro-libertyHB 614exempting the state and political subdivisions from payment of the costs of compliance with the renewable portfolio standard.YEA OTP/A
Why
This bill prevents ratepayers from double paying for the renewable portfolio standard (RPS) on their personal electric bill and then paying it again on their property tax bill.
* This bill gives municipalities the choice to opt-out of the RPS exemption. It shifts no costs to other ratepayers.
* While we support the committee minority's desire to bring capital investment to the to the state and attract high tech firms, this can best be done by restoring the New Hampshire Advantage and reducing property tax rates. - Pro-libertyHB 624decreasing the fee to file a petition for a declaratory ruling with the site evaluation committee.YEA OTP
Why
This bill makes the Site Evaluation Committee process more accessible to the average citizen for getting answers to complaints about an energy project's terms and conditions.
* This bill lowers costs for citizens to ask for a decision on a complaint, reducing fee from $10,500 to $250.
- Pro-libertyHB 63relative to the reversal or forgiveness of emergency order violations.YEA OTP/A
Why
This bill would, once the state of emergency ends, reverse state-imposed sanctions imposed on individuals or businesses for violations of the governor's emergency orders related to the COVID-19 pandemic.
* The emergency orders were imposed by the executive branch without explict legislative approval. While RSA 4:45 grants broad powers to enforce laws, rules, and regulations it does not grant the unilateral privilege for the executive branch to create new laws.
* The New Hampshire Constitution, Part I, Article 2 guarantees the rights to life, liberty, and property. The emergency orders punished citizens for exercising these rights. - Anti-libertyHB 76prohibiting paper billing fees.YEA ITL
Why
This bill prohibits a person or company (but not the government) from charging an additional fee for paying by mail or receiving a paper billing statement.
* Individuals should be allowed to determine business practices, and their customers can decide if those practices meet their needs. The state should not be playing a role in mandating or prohibiting fees.
* This bill would result in consumers who are using potentially lower cost methods of paying bills subsidizing the individuals who choose to use legacy payment methods.
* This bill would harm the environment by encouraging greater consumption of paper and fuel required to deliver the paper. - Pro-libertyHB 81relative to the justified use of deadly force upon another person.YEA OTP
Why
This bill protects residents who use deadly force on their own property to protect family members or guests.
* New Hampshire law already protects residents who must defend themselves against the threat of unlawful force while on their own property.
* This bill would simply extend that protection to residents who defend their family or guests in similar circumstances. - Anti-libertyHB 96establishing the office of school counseling and psychology, establishing the position of school counselor coordinator, and making an appropriation therefor.YEA ITL
Why
This bill establishes the position of school counselor coordinator as well as the office of school counseling and psychology within the Department of Education.
Annual cost expectation for this position is $106,000 in salary with $17,000 in projected annual expenses.* This bill would create a new position starting at a cost of $123,000/yr to increase annually.
* This bill establishes no clear objective to be measured against this cost.
* This would entice expansion and therefore more spending in the future.
36 bills with no position.
Thursday, February 18, 2021 · Senate · 0 positions
NHLA took no position on any of the 5 bills up for a vote.
Thursday, February 11, 2021 · Senate · 5 positions
- Pro-libertySB 17relative to brew pubs allowing customers to bring dogs to outdoor areas.YEA OTP/A
Why
This bill allows municipalities to adopt ordinances allowing brew pubs to allow dogs onto any patio. With the proposed amendment it also allows nanobreweries and brew pubs to enter into contracts with contract brewers to produce beverages on behalf of the nanobrewery/brew pub.
* Operators of these facilities should have the option to conduct business in a manner that they find appropriate and allow the market to decide if the decision is beneficial or not. Per DHHS administrative rules, food service licensees like brew pubs are not allowed to let dogs on their outdoor patios. This bill would address that administrative overreach.
* This bill could be improved if it were expanded to apply to all restaurant open-air patios regardless of whether or not they hold a brew pub license under RSA 178:13. - Anti-libertySB 44establishing the New Hampshire workforce pathway program and commission.NAY OTP
Why
This bill grows the scope of the existing government-sponsored jobs training program and will result in additional demand for taxpayer funds for centrally-planned job training.
* 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.
* While the bill does not appropriate any new funds, it grows the constituency and argument for additional spending on the fund. - Pro-libertySB 61prohibiting collective bargaining agreements that require employees to join a labor union.YEA OTP
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 constraints on 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).
* "... when it came to earning more than nonunion workers, union members in right-to-work states actually out-performed those in non-right-to-work states." (<a href=https://news.bloomberglaw.com/bloomberg-law-analysis/analysis-are-unions-really-weaker-in-right-to-work-states>news.bloomberglaw.com/bloomberg-law-analysis/analysis-are-unions-really-weaker-in-right-to-work-states</a>). This is potentially due to the incentive for unions to be more responsive to their member's needs when they are not compelled to join. - Anti-libertySB 62relative to electronic cigarettes and the disposal of electronic cigarette devices.YEA ITL
Why
This bill prohibits the sale of flavored e-cigarettes and e-cigarette cartridges with an exception for menthol and requires the department of environmental services to make rules relative to the disposal of e-cigarettes.
* This bill requires new regulation on e-cigarettes ostensibly because they contain hazardous materials including lithium-ion batteries. Numerous products offered for sale in the state contain lithium-ion batteries and are not subject to similar regulation. We look forward to opposing the similar bills that will clearly be submitted imposing these new regulations on the Toyota Prius, Bluetooth headsets used to support remote meetings, cell phones, solar panels, and video game controllers.
* Free market solutions to proper battery disposal already exist; there is no need for the state to create new regulations or bureaucracy regarding e-cigarette or any other battery disposal. For example, stores such as Batteries Plus Bulbs will take them for recycling.
* This bill encourages e-cigarette manufacturers to target those in the African American community by prohibiting all flavor additives except menthol. According to at least one study, more than 80 percent of African-American smokers use menthol cigarettes — compared to just 29 percent of white smokers (<a href=https://sph.unc.edu/sph-news/study-finds-menthol-cigarette-marketing-targets-african-americans/>sph.unc.edu/sph-news/study-finds-menthol-cigarette-marketing-targets-african-americans</a>). - Anti-libertySB 64extending unpaid leave benefits to employees for COVID-19 purposes.NAY OTP
Why
This bill would extend provisions of the federal Family and Medical Leave Act to small businesses normally exempt from the act.
* Finding and retaining qualified employees remains a challenge for small employers, and as a result most employers are already willing to work with their employees through challenging times when possible.
* For very small businesses though, provisions of the federal law intended for large businesses may be impossible to achieve. For example, a small business that employs several members from the same household may be be forced to close permanently when they are unable to hire replacement staff to permanent positions due to 29 U.S.C. section 28 2614 which requires that the employees be returned to similar or equivalent positions upon their return.
* Provisions of the bill that attempt to mitigate this issue, via language that states that the bill does not apply when the commissioner determines there to be an economic hardship, are of little value as the lack of clarity means that neither the employer nor the employees are provided with any certainty as to how and when the provision will be decided.
* While the committee recommendation of rerefer is acceptable, should there be a motion to pass this bill in its current form, the appropriate vote is NAY OTP.
3 bills with no position.
Thursday, February 4, 2021 · Senate · 1 position
- Pro-libertySB 17relative to brew pubs allowing customers to bring dogs to outdoor areas.YEA OTP/A
Why
This bill allows municipalities to adopt ordinances allowing brew pubs to allow dogs onto any patio. With the proposed amendment it also allows nanobreweries and brew pubs to enter into contracts with contract brewers to produce beverages on behalf of the nano brewery/brew pub.
* Operators of these facilities should have the option to conduct business in a manner that they find appropriate and allow the market to decide if the decision is beneficial or not. Per DHHS administrative rules, food service licensees like brew pubs are not allowed to let dogs on their outdoor patios. This bill would address that administrative overreach.
* This bill could be improved if it were expanded to apply to all restaurant open-air patios regardless of whether or not they hold a brew pub license under RSA 178:13.
7 bills with no position.