Live free and legislate
a look at the first round of legislative requests filed by New Hampshire’s state representatives for 2013
State representatives have submitted their first round of bill requests for 2013, and it looks like another year of divisive politics at the State House in Concord. From income taxes to collective bargaining, abortion to firearms, the proposed legislation takes up a broad range of controversial issues in New Hampshire.
Friday, Sept. 28, was the filing deadline for sitting members of the House of Representatives to submit their first round of legislative service requests for 2013. Submitting an LSR is the first step to introducing a bill. Only the bill titles have been made public, but the gist of many of them is clear.
There will be another round of House LSRs following the general election on Nov. 6, with a filing period of Nov. 13 to Dec. 7. The Senate, too, will soon set a filing period for its own bill requests.
House members filed a total of 259 LSRs by the first deadline. Among those to submit proposals was House Speaker William O’Brien (R-Mont Vernon), the controversial leader of the Republican majority. His requests are seen as top priorities for the party heading into the spring legislative session.
Surrounding O’Brien’s requests is a dazzling spectrum of legislative proposals, some contentious, some commonsense, and some downright bizarre.
establishing the Franklin Partin right-to-work act
Republicans in New Hampshire have unsuccessfully attempted to pass right-to-work legislation in each of the last two years, and they plan to try again in 2013. Speaker O’Brien filed an LSR to make New Hampshire a right-to-work state, limiting the ability of labor unions to collect dues from nonunion workers. Opponents say the law would weaken collective bargaining rights; supporters say it would increase employee freedom.
requiring a super majority for taxation
O’Brien also filed an LSR that would require a super majority to pass any new taxation. If that bill passes, a three-fifths majority vote would be required from the House and Senate to pass any legislation imposing new or increased taxes or license fees. Under existing law, only a simple majority is required. Rep. Jordan Ulery (R-Hudson) filed an identical LSR, while Rep. Robert Kingsbury (R-Laconia) filed an LSR requiring that any new tax be approved “by the consent of the people.”
reducing certain taxes
Rep. Michael Weeden (R-Dover) is the prime sponsor of an LSR that would reduce the rate of the business profits tax, and Rep. Bill Ohm (R-Nashua) filed an identical request. Weeden has also proposed reducing the rate of the meals and rooms tax, an idea seconded by Rep. Donald McClarren (R-Nashua). In addition, Rep. Kenneth Sheffert (R-Hampton) has proposed reducing the property tax for farmers, and Rep. David Hess (R-Hooksett) filed an LSR aimed at “reducing certain taxes.” On the other hand, Rep. Charles Weed (D-Keene) filed an LSR to increase the beer tax.
establishing an income tax
Rep. Peter Sullivan (D-Manchester) filed an LSR to establish a 1 percent personal income tax, with the revenue to be used to fund chartered public schools. The suggestion drew a quick rebuke from Republicans, many of whom have signed pledges vowing to oppose any broad-based sales or income tax in New Hampshire.
refusing expanded Medicaid
In his ongoing efforts to block certain components of President Barack Obama’s Affordable Care Act, O’Brien has proposed a bill that would prevent the program’s expansion of Medicaid from taking effect in New Hampshire.
reforming EBT cards
O’Brien proposed another LSR to reform EBT (electronic benefit transfer) cards, which provide food and cash benefits for needy families. The exact nature of the reforms has not been made public, but another LSR filed by Rep. Donald LeBrun (R-Nashua) would require photo identification for EBT cards. LeBrun also suggests requiring random drug testing for food stamp program recipients.
limiting abortions
Rep. Lenette Peterson (R-Merrimack) filed an LSR that would ban abortions once the fetus has an audible heartbeat. Rep Keith Murphy (R-Bedford) filed a request to ban “sex selective abortions,” in which the parents decide to end a pregnancy after discovering the gender of the fetus because they wanted the opposite gender.
regarding jury nullification
Last year, the state passed a bill permitting the defense in criminal proceedings to inform the jury of its right to judge the facts and application of the law. In other words, jurors can determine a person is guilty of a crime and still acquit him if they do not think he deserves punishment—a practice known as “jury nullification.” Rep. McClarren filed an LSR that would go further, requiring courts to inform the jury of that right.
abolishing the department of education
Rep. Charles Sova (R-Orange) has proposed eliminating the New Hampshire Department of Education and transferring all its functions and duties to the State Board of Education. Sova sponsored an identical bill last year, which died in the House.
regarding education funding
Also relating to education, Rep. Hess filed an LSR giving the general court authority to define standards for public education and establish standards of accountability, and discretion to direct state education funding to local communities as it sees fit.
reporting political contributions
Rep. Sullivan filed an LSR requiring candidates for political offices to disclose gifts and campaign contributions by lobbyists. Rep. David Robbins (R-Nashua) filed an LSR requiring electronic filing of political contributions and expenditure reports. A few other representatives filed LSRs related to campaign contributions, as well.
repealing the voter ID law
The state is preparing for its first general election under a new law requiring voters to present photo identification at the polls or else sign a challenged voter affidavit. Rep. Cynthia Chase (D-Keene) has filed an LSR to repeal that law.
reviewing water quality standards
An LSR with particular Seacoast significance was filed by Rep. Adam Schroadter (R-Newmarket), who proposes requiring the Department of Environmental Services to reevaluate the regulatory process regarding strict new limits on the discharge of nitrogen into local waterways. The DES says the limits are necessary to protect water quality, but local municipal leaders worry it’s unnecessary and will result in spiking sewer rates.
drug testing for health care workers
Rep. Marshall “Lee” Quandt (R-Exeter) filed an LSR that would require mandatory drug testing for certain health care workers. The proposal likely stems from the hepatitis C outbreak at Exeter Hospital, allegedly caused by a traveling medical technician who used needles to inject drugs and then returned them to be reused on patients.
regarding firearms
Rep. Quandt also filed an LSR establishing a committee to study the reasons for delays in processing background checks for firearm purchases. Rep. J. Brandon Giuda (R-Chichester) filed a separate LSR “relative to the relinquishment of firearms as a condition of bail.” And Daniel Itse (R-Fremont) filed an LSR “relative to lawful commerce in firearms, including manufacture and sale, in New Hampshire.”
on the road
Rep. Peterson filed an LSR to ensure that roads in New Hampshire are wide enough to safely accommodate workers and cyclists. Rep. Frank Sapareto (R-Derry) filed another to repeal the prohibition of tinted glass in motor vehicles. And Rep. Steve Vaillancourt (R-Manchester) filed two LSRs increasing certain speed limits to 70 or 75 miles per hour. The state’s current maximum speed limit is 65 miles per hour.
abolishing the death penalty
Rep. Vaillancourt also filed an LSR doing away with the death penalty in New Hampshire. Although no one has been executed in the state since 1939, inmate Michael Addison is currently on death row for murdering a Manchester police officer in 2008.
relative to gambling
Rep. Weeden filed an LSR repealing the state prohibition on gambling, and Rep. Ohm filed one “relative to the proceeds of casino gambling.” Lawmakers have been pondering the idea of opening casinos in New Hampshire for years.
labeling GMOs
Rep. Jennifer Daler (D-Temple) filed an LSR that would require foods containing genetically modified organisms to be labeled as such. The request follows a recent lawsuit that aimed to force agricultural giant the Monsanto Company to label GMOs, as is required in many foreign countries. The suit was dismissed.
establishing a state defense force
Last year, Rep. Itse sponsored a bill establishing a permanent state defense force to aid with disaster relief and “defend the state against invasion,” essentially creating a state militia. That bill failed, but Itse has filed the same proposition for 2013.
placement of transmission lines
Rep. Laurence Rappaport (R-Colebrook) has filed a pair of LSRs that could have an impact on the controversial Northern Pass project, a proposed transmission line that would carry electricity to New Hampshire from a hydropower plant in Canada. One LSR would require that all new electric transmission lines be buried, and another is “relative to the placement” of all new transmission lines in the state.
smoking in bars
Rep. Frederick Leonard (R-Rochester) filed an LSR “relative to smoking restrictions in bars, cocktail lounges, and cigar bars.” Smoking has been prohibited in New Hampshire bars and restaurants since a state ban passed in 2007.
just plain weird
Rep. Kingsbury drew widespread ridicule earlier this year when he proposed a bill to include language from the Magna Carta—a 13th century English document—in New Hampshire legislation. That bill failed, but Kingsbury plans to give it another shot in 2013. He filed an LSR “in favor of mentioning the Magna Carta” in bills introduced in the House. Rep. Stella Tremblay (R-Auburn), meanwhile, filed an LSR requiring that ballot measures be written “in simple English and not legalese.” Kingsbury also filed an LSR “requiring reconstruction of the Old Man of the Mountain.”
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