Free State Victories 2005-2006 Legislative Session

Denis Goddard's picture

The 2005-2006 legislative session is over and done with. For many of us, this was our first taste of politics in New Hampshire -- indeed, the first time we had been inside a State Legislature since a grade school class trip. We made good friends with the more freedom-loving representatives, and thanks to the New Hampshire Liberty Alliance, we weren't flying blind -- we had NH old-timers training us in the techniques of victory.

Below I've listed some notably Good Things that happened this session: good bills that got passed, and bad ones that got killed. Keep in mind, there were Bad Things that happened, too: New Hampshire is not free yet! It is, however, the U.S. State most amenable to being made free, by the tireless effort of many activists for liberty.

Keep in mind -- all of the following happened with not one early-mover in the State House! This coming November, over a dozen of such "early-movers" will be running for State Representative positions. Representatives can submit any bill to the legislature, and can call for a full floor debate on any bill. Just think how much fun next year is going to be!

Victories in the Free State


The following victories are ones where Free-Staters had significant roles. These are issues where, had we not been present, things may well have gone the wrong way.

Smoking Ban Defeat


An evil, statist bill was put before the New Hampshire legislature: HB 1177, which would prohibit smoking in restaurants and bars.

This was our trial-by-fire. About a dozen of us battled, and defeated, a bevy of powerful special interest groups: the American Cancer Society, American Lung Association, American Heart Association, and various other Internet-based "do-gooder" groups. We sent letters and emails, made phone calls, and spent face-to-face time with virtually every one of the 425 members of the New Hampshire legislature. We explained to those that needed it: the principles of private property, free trade, and the consequences of free choice.

It was a close call, but we convinced enough Senators to vote the right way -- and got this odious bill killed. Curiously, just a few days after the bill was nixed, several restaurant chains in New Hampshire -- who had agitated for the government-enforced ban in the first place -- announced that they would voluntarily go smoke-free, without relying on the guns of government. Score one for freedom of choice. And one for private property. And one for the free market.

Check the Senate Audio, and the great interviews Gardner Goldsmith conducted with the movers and shakers: here, here, here, here, and here.

Gun Laws


Free-Stater David Ridley believes strongly in the importance of the Second Amendment of the US Constitution, and the stronger and more clearly-worded New Hampshire Constitution. Dave was troubled by news reports that, in the wake of hurricane Katrina, various government agencies confiscated guns from law-abiding people -- at precisely the time when they needed most to defend themselves from looters.

Dave contacted several 2nd-Amendment groups in New Hampshire, and he engaged the legislature. Inspired by his lead, the New Hampshire Senate proposed SB 348: "prohibiting the taking of arms and ammunition in a declared state of emergency."

Separately, a bill was introduced (SB 318-FN) allowing "a person who is in any place where he or she has a right to be to use deadly force to protect oneself."

As you can imagine, both these bills generated much public debate. Free-Staters joined the New Hampshire natives in writing Letters to the Editor, testifying before the House and Senate, and contacting our Representatives and Senators.

In the end, both these bills passed the House and Senate.

The "Katrina bill" was signed into law by the Governor on May 15 2006.
Unfortunately, the "Deadly Force bill" was vetoed by Governor. Nevertheless, in New Hampshire you can still use deadly force to defend yourself or another person.

Homeschooling


Dawn Lincoln teaches her children herself: she is a "home-schooler". When she moved to New Hampshire, she knew she had work to do: New Hampshire had some of the most restrictive laws regulating homeschooling in the entire nation. But that didn't stop her -- she came to New Hampshire to help make the state Free. Indeed, she was one of the very first people to move as part of the Free State Project.

Working closely with Don Gorman from the NHLA, she coordinated the drafting of HB 406 and found a liberty-friendly State Representative to sponsor the bill. This bill reduced the "red tape" regulating homeschooling, removing the requirement for the State to review and approve homeschoolers' curricula.

Again, as Free Staters moved in, they helped Dawn by contacting their Representatives and giving testimony to the legislature. In this case, though, Dawn and many dedicated homeschoolers did all the heavy lifting. Dawn's bill was signed by the Governor on March 13, 2006. New Hampshire is now a much less restrictive place to homeschool your children, if you so choose, and to set your own curriculum without the approval of the State.

Real-ID resistance


No discussion of the 2006 Legislative Session would be complete without a discussion of HB 1582, which would have instructed New Hampshire not to participate in the odious Federal "Real-ID" program.

Free-Staters helped to form the Granite State ID Coalition to oppose the bill. We organized a massive rally in front of the State Capitol, attended by several members of the State House of Representatives.

The bill passed the House overwhelmingly; it then was unanimously endorsed by the relevant Senate committee. It was then that the Federal Government noticed.

You see, New Hampshire was picked to be an "early adopter" of the Real-ID program: indeed, our state is scheduled to receive $3 Million in grant money to help us implement Real-ID. It would be unacceptable for us to flatly reject not only the money, but the entire program! The Feds sent operatives to our State House. They met with our State Senators in private. We have no idea what deals were struck or what tactics were used, but we did stake out the room where they were meeting -- we watched each Senator go in, and come out. The Feds themselves snuck out through a side exit. Were they afraid of what questions we might ask?

After that set of meetings came the final big vote in the Senate. We packed the Senate gallery for the Senate showdown. What happened? Our Senate did an about-face. On strict party lines, HB 1582 was killed via a series of parliamentary tricks.

Free State Blogs has had many posts related to Real-ID; see them here.

It's not over yet. Not by a New Hampshire mile. We have formed a watchgroup that is putting pressure on, making it very uncomfortable for any elected official who moves to take that $3 Million federal grant. You can also bet we'll be resuming the same fight in the 2006-2007 legislative session. In the end analysis, we fought the Federal Government to a standstill on this issue. Not bad for our first battle with Washington, DC!

Taxpayer Initiatives


Freestaters have cast key votes to vote down a total of over $10 Million in local spending. This has sometimes been because votes have been close, and 1 or 2 Free-Staters' votes in the town meeting made the difference. In some cases, it has simply been the Free-Staters' re-energizing local believers in small government, letting them know their voices count and that more people agree with them than they might know -- even when the proposed new taxes are "for the children!" (when aren't they?)

The Coalition of New Hampshire Taxpayers has spawned off eight separate local taxpayers' rights groups in the past year alone. New Hampshirites are standing up and saying, "No New Taxes!" In at least one case, the anti-tax forces were elected into every single seat in the town government. You can bet the town of Derry is going to have some nice, low taxes in the coming years!

Native Good Things


The above are victories Free Staters were influential in organizing. Other Good Things happened, that had nothing to do with us. These were purely due to the good people of the State of New Hampshire, acting as they always have, for local control, smaller government, and with respect to the U.S. Constitution that so many have fought for.

  • CACR 34, a proposed "anti-gay-marriage" amendment. This homophobic, bigoted piece of legislation DIED in the House of Representatives. It got no traction and went nowhere. The people of New Hampshire believe in "live and let live!"

  • HB 1731-FN making pseudoephedrine products available only by prescription. A fear and overreaction against meth, the latest and most fashionable target in the War on Drugs. Again, this bill DIED in the House of Representatives. It got nowhere.

  • HB 1576 implementing a voluntary "Meth Watch" program in New Hampshire. Another "War on Drugs" bill that would have cost everyone some of our civil liberties. And again, a bill that DIED at square one of the legislative process. New Hampshirites will not be tracked!

  • CACR 30 A person's property shall not be taken by eminent domain for private use. PASSED! We residents of New Hampshire will now get to vote on this amendment to our State Constitution, and another brick will be laid in the edifice that protects our private property from the Socialists in government.

A Close Call


In addition, there was a "close call" worth nothing: HCR 25 "Urging the United States to withdraw funding for the United Nations if the United Nations adopts a resolution in violation of the United States Constitution."

A truly noble sentiment. This bill passed the House by a comfortable margin. However, it is sitting "laid on the table" in the Senate, which means that in all likelihood it will die due to inaction. This may be more to do with the legal nature of the bill than its content: being simply a "resolution", it doesn't actually "do" anything, it just expresses a sentiment. The NH Legislature seems to dislike such bills without substance, as a matter of principle. Still, the sentiment is very much there -- if you think it's preposterous that the United States gives oodles of taxpayers' money to the United Nations, there are a majority of New Hampshire residents who agree with you!

What Are You Waiting For? Come Join the Fun!


There is nothing like fighting for Liberty... and winning.
Sure, we won't win every battle here in New Hampshire, but as the above shows, we can fight real, hard issues, and win.

All of the above happened with only 150 "early-movers" into New Hampshire. Can you imagine what 1,000 small government activists could do in this state? Can you imagine how it feels to be a part of this tidal wave of Liberty? Well, let me tell you: in one word, it's FUN!

Come join us. We need you. Come home to the Free State.

Be part of the Second American Revolution: be one of the First 1,000


Serious concern about FSP

Wow, I can't believe the recent comment I read on this site. I am a serious member, or at least observer, of the FSP. My wife and I spent our last vacation in NH to get a feel for the area. But when I read the official position on this site bemoaning the fact that the Democrats had replaced the Republicans in our congress I became extremely alarmed. Is the FSP a supporter of the Republican party? If so I cannot imagine why. Under Bush every one of our civil rights was negated. The idea of imminent domain was expanded to allow Walmart to forcibly and legally take possesion of my property if they want it. Never in the history of this nation has liberty been so undermined as under the current Republican administration. While I am not a Democrat I cannot imagine anything worse than the Republican party retaining complete control of our government. What gives? Why did the FSP make this comment? Please respond.

D v.s. R

The Free State Project doesn't take positions on parties or issues. If you can cite some official FSP position indicating that, please do so. I'd like to hear about it.

Having said that, there are other groups who rate various politicians. I'm aware of two liberty indexes for State Representatives in NH. One (found at http://lfod.org) can be loaded as a spreadsheet and gives percentage scores. In 2006, the average Democrat score in the house was 39.82% and the average Republican score in the house was 54.59%. Based on that rating, you could conclude that neither party is truly a 'friend' to freedom, but that the Republican State House members are measurably better on average than the Democrat State House members.

As Denis pointed out, the first early-mover FSP Participant was elected to the State House this month as a Democrat.

Again, the FSP doesn't take positions on issues, parties, or politics in general. We ask pro-liberty activists to move to New Hampshire and work to create a society in which the maximum role of government is the protection of life, liberty, and property. That's it :)

V-

Denis Goddard's picture

This blogsite. Republicans. FSP.

Rick,

Have a look at the very bottom of the webpage, at the "small print." This site is purely, individually and personally mine. It is not an official site of the FSP. I am not a member of the FSP Board of Directors. I am simply yet another libertarian FSP member with rather vocal opinions -- anyone else is perfectly free to start up another blog site of their own.

In my experience here in New Hampshire, the Republicans have been on the "liberty" side of issues some 80% of the time: they are against using government force to enact a smoking ban, enforced seat belt laws, and so on. That said, those other 20% of issues are also important to me, and the Republicans are selling our freedoms up the river on issues like self-ownership with their insane "war on drugs."

The above is not merely a vague opinion. It is a statement of fact, borne out after reading every bill that came before the NH House of Representatives, scoring that bill on an objective Liberty Scale, and recording the votes cast. For details see the New Hampshire Liberty Alliance Report Card.

I should point out that while the Republicans in Washington, DC have been largely responsible for "Real-ID", and the Republicans in the New Hampshire State Senate were complicit in this, it was a Republican member of the NH House of Representatives, Neal Kurk, who led the bipartisan charge against Real-ID in this state.

If Republicans were all like Barry Goldwater, I'd be pretty comfortable with that party. Ditto if the Democrats were all like Thomas Jefferson. At the end of the day, both parties are enemies of liberty -- it is merely a matter of which and how many areas of Liberty are under attack.

Last, but not least, please do note that the first Free-Stater elected to the NH State House did so as a Democrat!

Thanks for including the

Thanks for including the taxpayer stuff. This is where they take your money in NH, but this is also where you have the most control.

I can't see how choosing Wyoming or Idaho would have been better for this, since in NH it's about as close to your government as you can get!