2012 New Hampshire Liberty Related Bills Report

[Keith and stuff]

I wonder how many anti-liberty bills were passed, though? Take the total number of bills and subtract the dozen or so Keith and Stuff has listed, I guess.

LOL. You certainly aren't the first person to ask that A lot of the bills are anti-liberty in that it costs some money to propose a bill and run it through the process. Any of the 424 legislators is allowed to submit a bill and most of the bills have at least a couple hearings. However, many bills are mostly indifferent. Lots of bills are about renaming already existing roads, parks, buildings and useless stuff like that. Then there are a bunch of minor pro-liberty and anti-liberty bills which I have no interest in mentioning. Some anti-liberty bills pass every year, though, for sure. For example, There used to be 2 states without a state program monitoring prescription drugs, MO and NH. Now, that's only true in MO

Then there are bills where libertarians vote on both sides of the bill. For example, libertarians voted on both sides of the civil union bill. Some libertarians wanted to keep gay marriage because they thought it was a fair and equal bill (or some reason) and some libertarians wanted to go back to civil unions because it saved the state government money (or some other reason). The bill failed to leave the NH House as the majority of NH Republican Reps. voted for gay marriage (or was it against civil unions?). 2 bills about voting rights were vetoed by the governor. Libertarians voted on both sided of both bills. A bill about putting the NH dividends tax in line with the federal dividends tax to make things easier for taxpayers passed. I wasn't able to figure out if it was pro-liberty or anti-liberty.

I am not sure but the 28 or so I listed is likely about 1/2 of the pro-liberty bills I will eventually list. It seems the number might be slightly down from last year. However, that makes sense since there were less bills this year.

Most importantly, many of the bills never pass the chamber they are introduced in. So if a pro-liberty bill is introduced but failed in the NH House, it wasn't included in the report.

I would love if people in other states would produce a similar report. As far as I know, a report like this only exists in NH. Then again, I'm used to wicked awesome reports only existing in 1 or 2 states. After all, I only know of 2 states with independent organizations that rate the candidates on a pro-liberty scale based on their votes. Those states are NH and WY.

[Keith and stuff]

And now some bad news. Here are 3 pro-liberty bills that were vetoed by Governor Lynch and not overridden.

HB1549 was a great bill designed to put the federal government in check. It had a great deal of support in the house. In fact, the house voted 253-106 to override Lynch's veto. Unfortunately, Governor Lynch's veto message scared the senate into not overriding the veto. Here is part of Lynch's message.

New Hampshire has in place some carefully crafted restrictions on the collection or sharing of motor vehicle information, such as RSA 260:14, which governs access to motor vehicle records, and 2007 Laws Chapter 243, which prohibits New Hampshire's participation in Real ID. Based on the concerns expressed by the Department of Safety, HB 1549 will have serious negative consequences for public safety, and would disrupt routine, time-honored law enforcement procedures. For all of these reasons, I have vetoed HB 1549.

HB1549
Vetoed
This bill prohibits the use of motor vehicle records for any federal identification database.
http://www.gencourt.state.nh.us/bill...lnumber=hb1549

SB409 had support from 71% of the NH House including the majority of Republican. It also had support from 2/3s of the NH Senate, but all of the senators didn't support the bill at the same time. On the final vote, the senate voted 13 to 10 to override Governor Lynch's veto which failed short of the 2/3s support needed to override the veto. See the whole story here.

SB409
Vetoed
This bill permits the use of marijuana for medicinal purposes in New Hampshire.
http://www.gencourt.state.nh.us/bill...llnumber=sb409

[Keith and stuff]

Here are the pro-liberty bills vetoed by Governor Lynch and overridden by the legislature.

SB326 encourages the NH government to collect money that MA owns certain towns in NH. It also reduces taxes on trusts in NH. That's pretty interesting considering that many people thought NH had the best (most free market) trust laws in the country even before this law. It is nice to see the some people in NH are content with just being the best. In Governor Lynch's veto message he complained that SB326 will allow trusts to get out of paying the interest and dividends tax in NH. Lynch is not happy about the tax cut and the fact that the NH government will collect less money because taxes were cut in NH. I am sorry Governor Lynch but the NH Senate voted 23-0 to cut taxes, and the NH House voted 312-18 to cut taxes so it looks like you lost this tax battle

Under SB 326, the I&D tax will be required to be paid only in a year in which a distribution from a non-grantor trust is made, and will now be paid not by the trust but by the New Hampshire beneficiary in accordance with federal tax rules. This change in law could significantly reduce the amount of I&D tax paid to the state.

Second, under SB 326, an owner will be able to transfer shares of an S corporation into certain non-grantor trusts and avoid entirely the payment of I&D tax on a dividend. But there is presently insufficient information concerning its potential impact for me to support this change.

The same is true with a third provision of SB 326. The bill would remove from I&D tax a distribution from any trust with transferable shares to a New Hampshire beneficiary. As a result, a real estate investment trust with transferable shares, for example, could make a distribution to a New Hampshire beneficiary who would no longer be required to pay I&D tax on that distribution.

SB326
Veto overridden
I. Repeals the reduction in certain reimbursements paid to towns and cities who have lost taxable valuation of certain lands.
II. Allows moneys received by the state to pay arrearages under certain river compacts to be distributed to towns listed under such compacts.
III. Eliminates certain taxation of trusts under the interest and dividends tax.
http://www.gencourt.state.nh.us/bill...llnumber=sb326

SB372 was a major priority for the co-chair of the NH Ron Paul Campaign, Sen. Jim Forsythe. It allows tax credits for businesses to be used to pay for private schooling and home schooling for students whose parent's make less than 300% of the federal poverty level. The way Sen. Forsythe explained it is that 1/2 the families in NH can already afford to send their children to private schools if they want. This bill allows the other 1/2 of families to do it, as long as businesses line up to pay the expenses.

SB372
Veto overridden
This bill establishes an education tax credit against the business profits tax and/or the business enterprise tax for business organizations and business enterprises that contribute to scholarship organizations which award scholarships to be used by students to defray educational expenses.
http://www.gencourt.state.nh.us/bill...llnumber=sb372

HB1607 is a house bill very similar to SB372. To send a message to Governor Lynch, the legislature went ahead and passed both bills. However, since there is no need to pass both bills, the legislature only overrode the veto of SB372.

HB1607
Vetoed
This bill establishes an education tax credit against the business profits tax and/or the business enterprise tax for business organizations and business enterprises that contribute to scholarship organizations which award scholarships to be used by students to defray educational expenses.
http://www.gencourt.state.nh.us/bill...lnumber=hb1607

[Keith and stuff]

There are still plenty of bills to add to the Report. Here is an example.

HB1241
Passed with Gov. Lynch’s signature
This bill expands the definition of specialty beer.
http://www.gencourt.state.nh.us/bill...lnumber=hb1241

Cheers for beer in N.H.: Lawmakers aim to ease brewer regulations
September 25, 2012 1:25 PM
http://www.seacoastonline.com/articl...NEWS-120929836

PORTSMOUTH — Fresh off the signing of legislation to ease regulations on craft beer brewers, Rep. Adam Schroadter, R-Newmarket, on Tuesday announced his intent to file legislation to further deregulate brewers in New Hampshire.

Schroadter and other members of the House Business Coalition helped pass House Bill 1241, which they said will make it easier for micro- and nano-brewers to do business.

Rep. Joanne Ward, R-Stratham, said she heard from Redhook Ale Brewery that due to regulations and a strict definition of specialty beers in New Hampshire, it had to site its warehouse in Massachusetts.

Gov. John Lynch signed HB 1241 into law Sept, 20, which expanded the definition of specialty beers in New Hampshire to allow for ingredients such as, but not limited to, molasses, maple syrup, honey, spices, herbs, fruits, nuts, chocolate, vanilla and other nonbeverage ingredients.

Ward said the new law allowed Redhook to move its warehouse to New Hampshire and add additional equipment and eight positions in Portsmouth. She said passage of HB 1241 helps breweries be more creative with products in a growing marketplace.

Also, in the article, it mentions another regulation problem with the beer industry in NH. A lawmaker said he is working on a bill to fix that problem. I'm glad lawmakers are realizing that there is too much regulation. I've also glad they are doing something about. Over the last few years, laws reducing alcohol regulations have passed in NH. I'm looking forward to additional progress in 2013.

[libertybrewcity]

Thanks for the update Keith and Stuff!

[Keith and stuff]

Went through all of the 2012 bills and resolutions. 24 bills and 3 resolutions were added to the original post. Perhaps a 2013 New Hampshire Liberty Related Bills Report will come out after the September 9th New Hampshire Primary election.

[Keith and stuff]

Went through all of the 2012 bills and resolutions. 24 bills and 3 resolutions were added to the original post. Perhaps a 2013 New Hampshire Liberty Related Bills Report will come out after the September 9th New Hampshire Primary election.

CACR6
Passed Senate 14-9, Short of the 3/5s needed by the House 220-132
This constitutional amendment concurrent resolution providing that a 3/5 vote is required to pass legislation imposing new or increased taxes or license fees, or to authorize the issuance of state bonds and providing that the general court shall appropriate funds for payment of interest and installments of principle of all state bonds.
http://www.gencourt.state.nh.us/bill...llnumber=CACR6

HB194
Passed House 204-110
This bill repeals the prohibition on having or carrying a loaded crossbow, rifle, or shotgun in or on a vehicle.
http://www.gencourt.state.nh.us/bill...llnumber=HB194

HB210
Passed House 270-92
This bill increases the places a person may use of deadly force to protect oneself.
http://www.gencourt.state.nh.us/bill...llnumber=HB210

HB219
Passed House 214-110
This bill restricted the rulemaking authority of the state board of education and establishing a legislative oversight committee to review the rulemaking authority of the state board of education.
http://www.gencourt.state.nh.us/bill...llnumber=HB219

HB222
Passed with Gov. Lynch’s signature
This bill replaces various statutory provisions containing general rulemaking authority with specific requirements, and repeals the law on ginseng production and sale.
http://www.gencourt.state.nh.us/bill...llnumber=hb222

HB225
Passed House 295-69
This bill is relative to the return of personal property confiscated by law enforcement agencies from a person charged with a crime.
http://www.gencourt.state.nh.us/bill...llnumber=HB225

HB334
Passed House 180-144
This bill provides that all delegations of the state’s authority to prohibit or regulate the purchase, ownership, use, possession, transportation, licensing or permitting, taxation, or other matters pertaining to firearms, firearms components, ammunition, firearms supplies, and knives shall be by statute only.
http://www.gencourt.state.nh.us/bill...llnumber=HB334

HB383
Passed House 212-128
This bill prohibits full-time employees who are not members of the state employee’s association from being required to pay a fee when the association demonstrates that the sum of its membership in all bargaining units is equal to 60 percent of the eligible full-time permanent employees in all bargaining units.
http://www.gencourt.state.nh.us/bill...llnumber=HB383

HB418
Passed with Gov. Lynch’s signature
This bill requires state agencies to consider open source software when acquiring software and promotes the use of open data formats by state agencies. This bill also directs the commissioner of information technology to develop a statewide information policy based on principles of open government data.
http://www.gencourt.state.nh.us/bill...llnumber=HB418

HB440
Passed House 211-83
This bill requires that New Hampshire join the lawsuit challenging Obamacare.
http://www.gencourt.state.nh.us/bill...llnumber=HB440

HB533
Passed with Gov. Lynch’s signature
This bill establishes a cap on the amount of school building aid grants distributed in each fiscal year.
http://www.gencourt.state.nh.us/bill...llnumber=HB533

HB574
Passed with Gov. Lynch’s signature
This bill prohibits the state from taking personal property owned or used by individuals or families during a declared state of emergency.
http://www.gencourt.state.nh.us/bill...llnumber=HB574

HB1172
Passed with Gov. Lynch’s signature
This bill authorizes nano brewery, beverage manufacturer, and brew pub licensees to sell their products at farmers’ markets. This bill also establishes an alcohol consultant license.
http://www.gencourt.state.nh.us/bill...lnumber=HB1172

HB1297
Passed with Gov. Lynch’s signature
This bill clarifies the implementation of certain provisions of the Patient Protection and Affordable Care Act. This bill prohibits the state of New Hampshire from planning, creating, or participating in a state health care exchange. The bill also establishes guidelines for interaction with a federally-facilitated exchange created for New Hampshire.
http://www.gencourt.state.nh.us/bill...lnumber=HB1297

HB1327
Passed House with a voice vote
This bill revises the offense of official oppression by making it either a class B misdemeanor or a violation, depending on whether a public servant acted with a purpose to benefit himself, herself, or another or to harm another.
http://www.gencourt.state.nh.us/bill...lnumber=HB1327

HB1341
Passed House 196-123
This bill repeals the statute prohibiting unauthorized use of a firearm in the compact part of a city or town.
http://www.gencourt.state.nh.us/bill...lnumber=HB1341

HB1402
Passed with Gov. Lynch’s signature
This bill exempts certain homestead food operations and homestead food products from licensure by the department of health and human services. This bill allows for direct sales of raw milk products without a milk producer-distributor license for certain small scale dairy producer-distributors.
http://www.gencourt.state.nh.us/bill...lnumber=HB1402

HB1418
Passed without Gov. Lynch’s signature
This bill increases the threshold amounts for taxation under the business enterprise tax and extending the commission to study business taxes; excluding charges for Internet access from the communications services tax and requiring the transfer of insurance premium tax revenue to the department of health and human services; and relative to section 179 expense deductions under the business profits tax.
http://www.gencourt.state.nh.us/bill...lnumber=HB1418

HB1431
Passed House 174-120
This bill reduces the number of hours for a person to obtain a barber license by training and experience, and allows for a shop license to be issued for a residence and to a licensed barber, cosmetologist, manicurist, or esthetician upon licensure.
http://www.gencourt.state.nh.us/bill...lnumber=HB1431

HB1526
Passed House 162-161
This bill reduces penalties for any person who possesses less than one-half ounce of marijuana.
http://www.gencourt.state.nh.us/bill...lnumber=HB1526

HB1553
Passed with Gov. Lynch’s signature
This bill repeals certain obsolete and outdated provisions of the Revised Statutes Annotated.
http://www.gencourt.state.nh.us/bill...lnumber=HB1553

HB1571
Passed without Gov. Lynch's signature
This bill amends the educational evaluation procedures for home educated children and repeals the notice, hearing, and appeals procedures afforded to parents relative to the termination of a home education program.
http://www.gencourt.state.nh.us/bill...lnumber=HB1571

HB1677
Passed House 198-139
This bill provides that no public employee labor organization shall be required to represent employees who elect not to join or to pay dues or fees to the employee organization.
http://www.gencourt.state.nh.us/bill...lnumber=HB1677

HB1701
Passed with Gov. Lynch’s signature
This bill prohibits New Hampshire from entering into or enforcing reciprocal agreements with other states to deny rights and privileges for nonpayment of taxes owed to another state. Certain reciprocal agreements are excepted from this prohibition.
http://www.gencourt.state.nh.us/bill...lnumber=HB1701

HCR32
Passed House 188-129
This house concurrent resolution urges Congress to withdraw the membership of the United States from the United Nations so that the United States may retain its sovereignty and control over its own funds and military forces.
http://www.gencourt.state.nh.us/bill...llnumber=HCR32

HCR34
Passed House 170-138
This house concurrent resolution urges the United States Congress to withdraw from the North American Free Trade Agreement (NAFTA).
http://www.gencourt.state.nh.us/bill...llnumber=HCR34

HCR37
Passed House with a voice vote, passed Senate with a voice vote
This house concurrent resolution urges the New Hampshire delegation to support any legislation requiring a comprehensive audit of the Federal Reserve.
http://www.gencourt.state.nh.us/bill...llnumber=HCR37

[Keith and stuff]

I was recently made aware of another bill that did not become law but passed the House.

HB1560
Passed House 221-131
This bill would let New Hampshire join the interstate Health Care Compact.
http://www.gencourt.state.nh.us/bill...lnumber=HB1560

[helmuth_hubener]

Keith, pass along the message that the liberty people in the House and Senate need to focus on cutting the spending! Cut! Cut! Cut! Cut! Cut-cut-cut! From my vantage point, it looks like the 2014-15 budget undid all of the good of 10-11 and 11-12. Every bit of it. Making NH just another worthless tax-and-spend cesspool. What gives?

It's budget time again. "Gov. Maggie Hassan presented her two-year spending and revenue plan to the state Legislature on Feb. 12. The $11.5 billion plan increases spending over the two years by 6.4 percent over the current budget that expires on June 30." They had it down below 5 billion per year (10 total). It needs to go back down there again. It needs to go down below 4, in fact. The liberty people need to put up a fight about this. They need to make a stink about this. They need to propose their own, under-4-billion dollar budget. They need to have a campaign. They need to be serious. Otherwise, what's the point? Why even bother electing these guys?

Cut!

For heaven's sake: cut! All these other piddly bills I would almost go so far as to say they're a distraction.

Just cut the stinking budget!

[Keith and stuff]

Keith, pass along the message that the liberty people in the House and Senate need to focus on cutting the spending! Cut! Cut! Cut! Cut! Cut-cut-cut! From my vantage point, it looks like the 2014-15 budget undid all of the good of 10-11 and 11-12. Every bit of it. Making NH just another worthless tax-and-spend cesspool. What gives?

It's budget time again. "Gov. Maggie Hassan presented her two-year spending and revenue plan to the state Legislature on Feb. 12. The $11.5 billion plan increases spending over the two years by 6.4 percent over the current budget that expires on June 30." They had it down below 5 billion per year (10 total). It needs to go back down there again. It needs to go down below 4, in fact. The liberty people need to put up a fight about this. They need to make a stink about this. They need to propose their own, under-4-billion dollar budget. They need to have a campaign. They need to be serious. Otherwise, what's the point? Why even bother electing these guys?

Cut!

For heaven's sake: cut! All these other piddly bills I would almost go so far as to say they're a distraction.

Just cut the stinking budget!

In 2010 the legislators for 2011/2012 were elected. They produced the largest budget cut to a state budget that had been seen in the US since the WWII era. In 2012 the legislators for 2013/2014 were elected.

Per Ballotpedia:

Between fiscal year 2009 and fiscal year 2013, New Hampshire's total expenditures decreased by approximately $500 million, from $5.5 billion in 2009 to $5 billion in 2013.

Also per Ballotpedia
Total state expenditures, FY 2013
State / Per capita expenditures
New Hampshire / $3,796.11
Maine / $5,870.65
Rhode Island / $7,734.58
Vermont / $7,915.36
Massachusetts / $9,009.35
http://ballotpedia.org/New_Hampshire...t_and_finances

The NH budget is growing. It grow in 2013/2014. It will grow again. This is happening without large scale tax increases like Republicans pushed through in VA, PA and WY. It is growing because the economy is improving, so the additional business taxes are paying for the growth.

William O'Brien wanted to make additional cuts to the NH budget. Unfortunately, while the Republicans elected him Speaker of the House, the full House elected someone else. Without O'Brien there, and with a very strong economy, I don't think there is much support for cutting the budget, when there is a lot of room to grow the budget without new taxes.

TLDR - The 2011/2012 cuts were an historic story that people will remember for decades. The NH economy is doing very well and O'Brien is no longer the NH Speaker, so don't except a repeat this session.

[helmuth_hubener]

Yeah, it was cut, a little bit, and then it went right back up!

Well what are the "liberty" elected officials in the House and Senate going to do about it? So they might not have a majority. So what? There's supposedly a couple-few dozen of these people. You certainly crow about it enough. Are they going to propose an alternative budget? Stage a sit-in or filibuster or other protest? Put up a huge billboard in Concord with an electronic Debt Clock-type counter counting the massive, tremendous WASTE pouring out of the state house into the bottom of the Atlantic Ocean every single second of every single day? Are they going to do ANYTHING? Are they even going to vote against the massive, wasteful monstrosity that's been proposed?

[Keith and stuff]

Yeah, it was cut, a little bit, and then it went right back up!

Well what are the "liberty" elected officials in the House and Senate going to do about it? So they might not have a majority. So what? There's supposedly a couple-few dozen of these people. You certainly crow about it enough. Are they going to propose an alternative budget? Stage a sit-in or filibuster or other protest? Put up a huge billboard in Concord with an electronic Debt Clock-type counter counting the massive, tremendous WASTE pouring out of the state house into the bottom of the Atlantic Ocean every single second of every single day? Are they going to do ANYTHING? Are they even going to vote against the massive, wasteful monstrosity that's been proposed?

The Governor has to come up with a proposed budget. That budget isn't important unless the House and Senate are of the same party as the Governor. She is a Democrat. They are both Republican controlled.

We have no idea what the House budget will look like. All we know is that since O'Brien isn't the Speaker, the budget will be larger than the current budget.

If I saw a budget, I could express an opinion on it.

[helmuth_hubener]

If I saw a budget, I could express an opinion on it.

I'm not asking for your opinion on non-existent budgets. I'm asking do you know the "elected Procupines and other liberty-lovers"? Do you hang out with them and stuff, or talk with them on message boards, or know anything about them? If so, do you think they are currently gearing up for battle to fight for a lower state budget? If not,.... whatever. Worthless. If so: how can we help?

[William Tell]

Keith, pass along the message that the liberty people in the House and Senate need to focus on cutting the spending! Cut! Cut! Cut! Cut! Cut-cut-cut! From my vantage point, it looks like the 2014-15 budget undid all of the good of 10-11 and 11-12. Every bit of it. Making NH just another worthless tax-and-spend cesspool. What gives?

It's budget time again. "Gov. Maggie Hassan presented her two-year spending and revenue plan to the state Legislature on Feb. 12. The $11.5 billion plan increases spending over the two years by 6.4 percent over the current budget that expires on June 30." They had it down below 5 billion per year (10 total). It needs to go back down there again. It needs to go down below 4, in fact. The liberty people need to put up a fight about this. They need to make a stink about this. They need to propose their own, under-4-billion dollar budget. They need to have a campaign. They need to be serious. Otherwise, what's the point? Why even bother electing these guys?

Cut!

For heaven's sake: cut! All these other piddly bills I would almost go so far as to say they're a distraction.

Just cut the stinking budget!

I wouldn't expect much from them this session. They didn't even have the guts to cut funding to Planned Parenthood.

[Keith and stuff]

I'm not asking for your opinion on non-existent budgets. I'm asking do you know the "elected Procupines and other liberty-lovers"? Do you hang out with them and stuff, or talk with them on message boards, or know anything about them? If so, do you think they are currently gearing up for battle to fight for a lower state budget? If not,.... whatever. Worthless. If so: how can we help?

I only asked one state rep. about this. The state rep. said to have no knowledge of a liberty rep. plan to cut the budget. The rep. said to be busy working on passing the legislation the rep. sponsored.

The Union Leader had a recent article on the subject. The 1 billion in budget cuts mentioned in the article are very likely not actual cuts to the budget. They are likely cuts to the governor's proposed budget. I don't know for sure. The Union Leader reporter has information on the House budget that I haven't been able to confirm. Either way, it is good to see that the budget writers are trying to please Bill O'Brien. I found out that the main House Finance Committee chairman is an O'Brien backer. That's the committee that writes the House budget.

The House leadership had two options to move a budget through the House, turn to the Democrats or make cuts enough to be palatable to the Bill O'Brien-led Republican faction.

The leadership decided to turn toward O'Brien's supporters for help knowing no Democrat is going to agree to trimming nearly $1 billion from the budget.

But the good news is it is early in the process, and everything could change. The House Ways and Means Committee will develop new and probably higher revenue estimates before the House votes on the budget.

The three subcommittees have to finish their work this week and the full House Finance Committee begins work next week to finalize the House budget, which representatives will vote on April 1 or 2.

And the Senate still has to do its work, when there will be an even better idea where revenues are trending. There is a long ways to go, but right now it is not a pretty picture.

Despite the concerns, House Speaker Shawn Jasper, R-Hudson, a believer in the House's committee system, is willing to wait and let the Finance and Ways and Means do its work.

Whether that work is inspired or a train wreck will not be known until next month.
- See more at: http://www.unionleader.com/article/2....SWxOmuSh.dpuf

You can read the author's bias in the article It's annoying when a clearly Republican leaning paper hires a cleanly Democrat leaning journalist to cover state politics.

[helmuth_hubener]

I only asked one state rep. about this. The state rep. said to have no knowledge of a liberty rep. plan to cut the budget. The rep. said to be busy working on passing the legislation the rep. sponsored.

Hey, thanks a lot, Keith, for checking, even with just that one rep! Maybe it will get him thinking....