Liberty Wins of 2014

July 11th: HB1138 signed, this bill raises the maximum annual gross sales for homestead food operations exempt from licensure. Homestead food operations selling less than a maximum annual gross sales of $20,000 of food, excluding potentially hazardous food, from the homestead residence, at the owner’s own farm stand, or at farmers’ markets are exempt.

June 6th: HB590 signed. This report would allow landlords to represent themselves in circuit court. Some judges have interpreted the current law as prohibiting a landlord from representing themselves in multiple eviction cases.

May 27th: HB1125 signed. This bill makes adultery a civil matter. Adultery is a violation of a marriage contract—a private contract between two parties—and should not be punished criminally. This law has gone unenforced for decades. Leaving such laws on our books creates confusion and disrespect for the law.

March 12th: HB1625 signed. This bill would decriminalize small amounts of marijuana. In a free society, individuals should not be harshly punished for peaceful activities which do not harm others. Thus, it is more appropriate to punish simple marijuana possession with a citation and a fine than with a criminal conviction and possible jail time. This bill would help avoid the unintended consequences associated with marijuana prohibition. By reducing the extent to which an individual's life is disrupted by a minor marijuana arrest, it would reduce the expense of the criminal justice system and allow law enforcement to focus its efforts on serious crimes. Part I, Article 18 of the N.H. Constitution states, in part: "All penalties ought to be proportioned to the nature of the offense. ... Where the same undistinguishing severity is exerted against all offenses, the people are led to forget the real distinction in the crimes themselves, and to commit the most flagrant with as little compunction as they do the lightest offenses."

March 12th: HB1392 signed. This bill removes the restriction on the number of pupils eligible to transfer to a chartered public school. HB 1392 removes the current 10% limit per grade currently in law, which discourages charter school opportunities in the North Country. This bill will encourage more charters to open and allow greater school choice in areas with smaller populations.

March 5th: HB1533 signed, This bill would require a warrant to search information in a portable electronic device. NH constitution Article 19, Part I states, "Every subject hath a right to be secure from all unreasonable searches [...]" The Texas Court of Criminal Appeals ruled in State v. Granville on February 26, 2014: [W]e conclude, as did the court of appeals, that ... Given modern technology and the incredible amount of personal information stored and accessible on a cell phone, we hold that a citizen does not lose his reasonable expectation of privacy in the contents of his cell phone merely because that cell phone is being stored in a jail property room. Last week, the Massachusetts Supreme Judicial Court ruled that police needed a search warrant to obtain historical cell site records from a cell phone provider. New Jersey's Supreme Court reached the same result last year.

March 5th: HB1274 signed. This bill provides additional options for property owners and renters. Current law, meant to protect tenants from being charged exorbitant up-front rental costs such as a huge security deposit, has the unintended effect of preventing people from paying their rent in installments larger than one month. This bill would fix this.

Feb 19th: HB1217 signed. This bill allows distributors from New Hampshire to buy from nano breweries. Allows distributors from New Hampshire to do what distributors from other states can already do - directly support NH nano breweries.

Feb 19th: HB1137 signed. This bill redefines and reclassifies felony escape. Reducing penalties for lesser crimes, and in the case of the new misdemeanor escape, relatively victimless crimes, will simplify the process of a person getting on with their lives. A felony on one's record makes one difficult to hire, in fact there are many jobs that strictly prohibit hiring felons. Simple escape, when there is no malice, forethought, or harm should not be classified as a felony. Would classify non-violent escape as a Class A misdemeanor while providing a clearer definition of felony escape. Those convicted of the more serious crime would still be barred from appealing for annulment under section 651:5 V. Keeping people out of prison for lesser crimes will save the taxpayer money.

Jan 29th: HB496 signed. This bill would allow first-time DWI offenders to drive to work, school or medical treatment. Freedom to travel is a sacred right in a free society. Punishing an offender by stripping him/her of the license to drive for 6 months or more can lead to even more problems, such as them losing his/her job or not being able to finish school. The economic costs can be catastrophic for some families. This is a humane approach to what some consider to be a mental health-related issue more than a criminal matter. We are concerned about privacy issues and data collection by firms outside New Hampshire through use of enhanced technology interlock devices, and thus strongly support Floor Amendment 2014-0012h (Rep. Warden). YEA on Floor Amendment 2014-0012h.