Thursday, January 11, 2018

Local Control Under Attack

Our far right legislators love to talk about how much they hate big government. Big government imposes its will on the people, Big Government takes away the voice of towns, cities, and states… yesiree Bob, they hate Big Gummint…until they love it.

By the time you read this, there will have been a hearing on HB 1749, a bill that would remove the right of NH cities or towns to establish their own gun ordinances. Your town doesn’t want target shooting on town land? Your city doesn’t want guns on town property? Tough luck. The libertea gundamentalists are going to eliminate local control, and give that control to the state. That’s right - the same state they complain about all the time.

According to this bill, “the general court will have exclusive authority and jurisdiction by statute over the sale, purchase, ownership, use, possession, transportation, licensing, permitting, taxation, or other matters pertaining to firearms, firearms components, ammunition, firearms supplies, and knives in this state.”

Take that, taxpayers of Anytown, NH. Your town doesn’t get to make decisions about guns, ammo, or knives, because the legislature controls your town’s decisions. You still get to pay taxes, but if you don’t want Bubba and his drunken cousin shooting targets in the park, that’s tough luck.  In fact, they’ll probably be able to shoot at the school playground too, because the bill opposes banning guns at schools, and schools are public property. Nothing goes together like small children and firearms.

It’s a bold power grab. Lead sponsor JR Hoell has never respected local control, and the bill reflects his disdain. Line I makes a point of saying that NH is not a home rule state. That NH has a long-standing (nigh on to sacred) tradition of local control is of no interest to the parade of far right activists that have signed on to this. Free State Project mover Ed Comeau of Brookfield is the only sponsor from the top half of the state, an area where folks are pretty serious about local control. There are no sponsors from Grafton or Coos County. There’s a hearing on Wednesday, and the executive session will follow the hearing. The vote will probably be scheduled for the following week. They don’t want voters to know about this until it’s a fait accompli. 

The other sponsors (from the bottom half of the state) include Representatives Al Baldasaro, John Burt, self-styled Constitutional expert Dan Itse, and James Spillane. Representative Michael Sylvia of Belmont is the other Free Stater sponsoring the bill. The founding document of the Free State Project calls for people to move to NH, take over and dismantle the state government, and then threaten secession. I trust I’m not the only one to see the humor in the would-be dismantlers of the state government, attempting to take local power away from municipalities and hand it to the state government.

They’re counting on the fact that voters aren’t paying attention, and if they hear about it at all, will interpret it as “nobody gonna tell me what I can do with my gun” and leave it at that.

The silence around this bill should concern all of us. There was endless publicity about “Constitutional Carry,” the name the out-of-state special interests came up with for eliminating the permitting process for concealed carry firearms. All the gun groups churned out continuous propaganda emails. The governor made it his very first legislative priority. To get a concealed carry license, a gun owner had to apply to the police chief in his/her town. The “Constitutional Carry” bill eliminated that step. It was the first step in eliminating local control. This latest move to disempower municipalities should come as no surprise.

It should come with rejection. This is the second attack on local control. If these radicals succeed, they’ll be further emboldened. What will be next? What will be the next erosion of local control engineered by the radical ideologues of today’s GOP? What do towns control that these folks hate? Hint: schools. I predict that will be next on their agenda.

There have been amendments proposed to the NH Constitution at different times to make NH a “home rule” state. Every time, the most vehement opposition comes from the liberty crowd. They hate big gummint, until they become the big government - and then they’ll do anything to protect and expand their power.  

For years we’ve heard that it’s the evil liberals who want big government to control every aspect of our lives. It turns out that it’s the NHGOP that wants their idea of big government to run our towns from Concord. It’s a brilliant strategy. The average Republican voter would expect this from liberals, but never from his own party.

Dear Republicans: your demise is being engineered from within. 

This was published as an op-ed in the January 12, 2018 edition of the Conway Daily Sun newspaper 

Sunday, January 07, 2018

When Freedumb Fighters Become Tyrants


AN ACT relative to the state's authority to prohibit or regulate firearms and relative to the selectmen's authority to manage town property.

SPONSORS: Rep. Hoell, Merr. 23; Rep. Comeau, Carr. 5; Rep. Itse, Rock. 10; Rep. Sylvia, Belk. 6; Rep. Burt, Hills. 39; Rep. Spillane, Rock. 2; Rep. Notter, Hills. 21; Rep. Baldasaro, Rock. 5; Rep. McConnell, Ches. 12; Rep. Wallace, Rock. 33

COMMITTEE: Municipal and County Government



This bill revises the law on the state's authority to prohibit or regulate firearms, firearms components, ammunition, firearms supplies, and knives.  The bill also renders the selectmen's authority to manage town property subject to the provision of RSA 159:26.


In the Year of Our Lord Two Thousand Eighteen

Be it Enacted by the Senate and House of Representatives in General Court convened:

1  Legislative Findings and Purpose.  The general court finds that:
I.  New Hampshire is not a home rule state.
II.  Municipal ordinances and regulations regarding firearm regulation may differ from municipality to municipality which may place a citizen in danger of inadvertently violating the law.
III.  A growing number of towns and local boards are violating RSA 159:26.
IV.  The issue is a growing problem as in the last 6 months, the following events have transpired, all of which violate RSA 159:26:
(a) The board of selectmen of the town of Milford has banned target shooting on town land.
(b) The city of Lebanon school board is attempting to ban firearms in or on school property and at school events that take place on non-school property.
(c)  The Lebanon police department has pledged to enforce the illegal gun ban enacted by the Lebanon school board.
V.  It is in the best interest of the citizens of the state of New Hampshire for the resources of local units of government to be used to enforce current law and not to waste time enforcing decisions that are in clear violation of statutes.
VI.  Repealing and reenacting RSA 159:26 to clarify the intent and further, to include penalties, will prevent these violations of state law.
2  Firearms, Ammunition, and Knives; Authority of the State.  RSA 159:26 is repealed and reenacted to read as follows:
159:26  Firearms, Ammunition, and Knives; Authority of the State. 

I.  The general court shall have exclusive authority and jurisdiction by statute over the sale, purchase, ownership, use, possession, transportation, licensing or permitting, taxation, or other matters pertaining to firearms, firearms components, ammunition, firearms supplies, and knives in the state.  Notwithstanding any other provision of law to the contrary, all delegations of legislative authority shall be by statute and shall explicitly state the extent and limits of the jurisdiction or authority delegated.  Except as otherwise specifically provided in statute, no ordinance, regulation, rule, or policy of an agency, political subdivision, committee, or other governmental unit of the state, or agent thereof may prohibit or regulate in any way the sale, purchase, ownership, use, possession, transportation, licensing or permitting, taxation, or other matter pertaining to firearms, firearms components, ammunition, firearms supplies, or knives in the state.  

Local control has always been sacred in NH. Past tense. Some municipalities are enacting gun ordinances for THEIR towns that the freedumb and libertea crowd disapproves of. This bill would remove local control and hand it to the legislature. 

These people (especially Free Staters Ed Comeau and Michael Sylvia) all bray about gummint tyranny - but vote them into government and they become the tyrants. 

JR Hoell - Who Needs Local Control?

GOP Favors Local Control Except When They Don't         h/t Tuck

Thursday, December 28, 2017

Rogue Legislature


Last year, NH elected a Republican governor and voted for Republican majorities in all branches of our state government. It’s still something of a puzzle how this came to pass given the rampant voter fraud Donald Trump and his acolytes (including our governor) have brayed about, but the only plausible explanation is that those busloads of people from Massachusetts came to NH to vote for the GOP.

Where a new governor begins sets the tone for his or her administration. Governor Sununu’s first legislative priority was to pass a bill repealing the 100-year-old law requiring a gun owner to have a permit to carry a concealed handgun. NH has the 11th worst infrastructure in the United States. We ranked 2nd in the nation for overdose deaths. We have a serious housing problem, and homelessness and poverty are on the rise, yet this gun bill was the most important thing our new governor could think of?

Governor Sununu also took the big raise negotiated for him by the state employee’s union, though he hasn’t yet been willing to sit down and negotiate a contract with them. They’ve been without one for the last 180+ days. One of the sticking points? He doesn’t want to give them a raise, even though he took one, before ever sitting down at his desk in the corner office.

The legislature will be back in session next week. With the likelihood of losing at least some of those majorities (if not all) in the next election, the rabid right majority is going to attempt to pass their entire ideological wish list. There are more voter suppression bills coming up, and more bills to cut business taxes. Bills to maintain fealty to the fossil fuel industries, bills to destroy public education. There are 11 bills dealing with decals on license plates. And because our volunteer legislature full of old people has no interest in a future they won’t be part of, there’s a bill to create a memorial to Meldrim Thomson.

Governor Sununu chose Speaker of the House, Shawn Jasper to be his new Commissioner of Agriculture. One does wonder if that was a deliberate political calculation. The GOP has moved so far to the right that Jasper now appears to be moderate, and removing him from the speakership will very likely allow that rabid agenda to move along more smoothly. When Gene Chandler was elected Speaker last month, there were some sighs of relief. Some real reactionaries ran for Speaker, and Chandler, at least, isn’t one of them. That relief was short-lived.

Chandler has restructured the House leadership. It seems he promised during his campaign for the speakership, to include influential lawmakers in his leadership team. Chandler added six assistant majority leaders, who bring all kinds of “influence” to the table. One of them is State Rep. Al Baldasaro, one of the most nationally famous legislators in the state. Al is famous for a number of reasons (all of them embarrassing) but especially for suggesting that Hillary Clinton should be shot for treason. Another is Victoria Sullivan, who pleased the reactionaries in her party last year, when she launched an attack on the tweets of a female legislator, which appeared to be an attempt to distract attention from former Rep. Robert Fisher, a rape apologist her party was desperate to protect and retain. This is a nice reward for Sullivan, midway through her second term.
Speaker Chandler has also appointed a policy advisory committee. This is comprised of “influential” lawmakers who, according to the House website, will review upcoming legislation, hearings, review bills on the calendar, amendments, and give input on various issues. Two of these big thinkers are Frank McCarthy and Lino Avellani. Given that Avellani missed most of the first three months of last year’s session, one wonders how he’ll make it to the weekly meetings, and how, halfway through a second term he became “influential.” Frank McCarthy, after he was ousted in 2012, and before he was reelected, made a career of writing bellicose letters to the editor, where he made frequent bigoted and ugly accusations. In the last year or so, McCarthy has allied himself with the Carroll County contingent of Free Staters and Tea Partiers, groups that promises of inclusion must have been made to by the Speaker candidate, in order to secure their votes.

There are no moderate Republicans any more. The GOP of Trump has no interest in what is right for our state – their interest is in serving party ideology, serving themselves, and their donors/paymasters.

This rogue legislature has the potential to do a great deal of damage. Pay attention – and get involved. State politics may not be sexy, but they affect our lives every day of the week. This is an election year, which gives voters the power to hold their legislators accountable during the session, and again, at the ballot box. 

This was published as an op/ed in the December 29 edition of the Conway Daily Sun newspaper

For those who don't understand the concept of an op-ed:

Thursday, December 14, 2017

Coming up in 2018

A friend from North Conway suggested I write a column “about some of the good, intelligent legislation proposed for 2018, and some of the decent, intelligent legislators who are striving to promote good and beneficial things for NH.” This sounded as if it would be easy. Not so. There are 1030 LSRs filed so far. An LSR is a legislative service request, which is how bills begin the journey to either becoming law or becoming dead.

We can expect a contentious legislative session. The majority party has seized the opportunity to file their entire wish list, knowing that they may never have control of the entire state government again.

Some of the good bills that are coming back were held over from 2017. SB 247 would prevent childhood lead poisoning from paint and water, and make an appropriation to a special fund for the purpose of remediating lead in rental housing. The bill passed the Senate and was amended by the House, and the Senate refused to concur with the amendments. Lead paint was outlawed 40 years ago. NH is the last state where a child died from lead poisoning. There are a lot of good organizations and some legislators who have been fighting to get the lead out for years.

SB 244 will be back. This bill prohibits licensed counselors from engaging in conversion therapy with persons under the age of 18. Conversion therapy is the discredited and damaging practice of trying to change a person’s sexual or gender orientation. The list of bipartisan sponsors includes Rep. Ed Butler.  

HB 1671 would abolish the death penalty. The fight to abolish the death penalty has been going on for decades. This year, three Democrats and a Libertarian will be the standard bearers.

HB 1213 would remove the exception for married minors from the definition of sexual assault. Last year a bill to stop allowing child marriage failed to pass. This would at least allow married minors to file rape charges against their adult spouses.

HB 1564 concerns the sexual assault of a victim who is incarcerated in a correctional institution by a person with supervisory or disciplinary authority over the victim. Last year the NH Supreme Court overturned a Belknap County deputy sheriff’s rape conviction. The deputy was transporting a prisoner, and had intercourse with her. He claimed it was consensual. The state argued that consent isn’t possible when one party holds authority over the other. There was a lot of jiggery pokery around what agency he was working for, who issued the transport order – and as a result he was freed. This bill is aimed at closing the many loopholes that allowed that to happen. The strong bipartisan sponsorship for this bill is a good sign that it may pass.

HB 1793 would establish a single payer health care system in NH. Given that the entire population of our state is smaller than many suburbs, this would make a lot of sense. I applaud the sponsors (including Rep. Knirk of Tamworth) for trying.

HB 1246 would increase the minimum wage for tipped employees. The minimum wage for tipped employees in NH is $3.26. Rep. Jackie Cilley has been fighting this fight for years. There is also legislation coming up that would allow employers to take tips from servers, but since nothing in that bill qualifies as good, we’ll take that up at another time.  

HB 1772 would allow online voting. Thirty states allow online voting, so it’s not a fad. This would forever put to rest the stories of busloads of people from Massachusetts. They can’t park that bus behind your laptop.

HB 1343 would protect beavers. It provides protection for beaver habitats and requires Fish and Game to include advice on beaver control on their website. We can all agree that protecting the wildlife in our state is a good thing – and in this session, I’m taking good where I find it.

HB 1611 would create a study committee to examine offshore wind energy development. Similar bills have failed in the past. Many of our legislators can’t even face a conversation about the future of energy in our state. State Rep. Renny Cushing perseveres – on this and so many other bills that would move our state forward.

HB 1632 would require bottled water to be tested for certain chemicals and labeled with the results of those tests. In a state where PFOA contamination has been so damaging, this makes sense. Rep. Mindi Messmer has proven to be a strong advocate for protecting water in our state.

Readers can find all of the proposed LSRs at the NH General Court website: The list of LSRs can be accessed on the right side of the page, under the heading “State Legislation Dash Board.”

These are some good bills. Next time we’ll look at the others.

PS: Alice, I tried.

Published as an op-ed  in the December 15 edition of the Conway Daily Sun newspaper 

Friday, December 01, 2017

In Today's Mail

I've corrected my recent piece about those who didn't sign off on the House Sexual Harassment policy. State Representative Brian Stone was annoyed that I had said he'd suspended his campaign because he was in jail for violating a restraining order. I was wrong. He was arrested for violating a restraining order, but the charges against him were dropped. He says he didn't suspend his campaign because of the arrest, or any other reason. I take him at his word.  

Let's summarize - Brian Stone was arrested for violating a restraining order. The charges were dropped. Brian Stone did not sign off on the House Sexual Harassment policy. Those are the facts. 

I apologize for my errors. Mea culpa.  

This could have gone a lot more easily if Brian Stone had sent me a note asking,  instead of issuing threats. 

Representative Stone has expressed annoyance because he feels I've insinuated that he's part of a sexual harassment culture. I'd suggest if he wants to be free of that stain, he should leave the Republican Party. 

December 1, 2017
Rep. Brian J. Stone
860 1st NH Turnpike
Northwood, NH 03261
Dear Susan Bruce:
You are hereby directed to
Im an educated, respected professional in the community. I have spent years serving the community in public service and building a positive reputation. I have learned that you have engaged in spreading false, destructive, and defamatory rumors about me.
Under New Hampshire law, it is unlawful to engage in libel of another’s character and reputation. libel consists of
(1) a written statement that tends to injure reputation;
(2) communicated to another; and
(3) that the writer and/or publisher knew or should have known was false.
Your libelous statements involved publishing of an article where you state that I had suspended an election campaign because I was in jail for violating a restraining order (i.e. . This is not true. I have never served a jail sentence. I have never been convicted of any crime, no do I have any criminal charges pending against me. I have never suspended my campaign, let alone for that reason.
Accordingly, I demand that you (A) immediately cease and desist your unlawful defamation of me, (B) remove the said article, or in the alternative, any reference to me in the article, and (C) provide me with prompt written assurance within ten (10) days that you will cease and desist from further libel of my character and reputation.
If you do not comply with this cease and desist demand within this time period, I am entitled to seek monetary damages and equitable relief for your libel. In the event you fail to meet this demand, please be advised that I will pursue all available legal remedies, including seeking monetary damages, criminal prosecution, injunctive relief, and an order that you pay court costs and attorney’s fees. Your liability and exposure under such legal action could be considerable.
Before taking these steps, however, I wished to give you one opportunity to discontinue your illegal conduct by complying with this demand within ten (10) days.

Rep. Brian J. Stone

Thursday, November 30, 2017

Harassment in the House

At the beginning of the legislative session in 2017, legislators were handed a copy of the official State House policy on sexual harassment. They were asked to read the policy, and sign a form saying they’d read it. They weren’t asked to surrender their guns, or burn a US flag. They were just asked to read the policy and sign a form saying they’d read it.

This proved to be a bridge too far for some of our doughty legislators. State Rep. John Burt brayed that it was “political correctness gone wrong.” I’ve had some experience with the kinds of things John Burt says to women. I’m not surprised he’s unwilling to sign. The same people who are refusing to sign a paper saying they’d received and read a policy are the same people who will sign any anti-tax or pro-gun pledge you put in front of them.

It will come as no surprise to learn that most of the refuseniks are men. Most of the Free Staters and Libertea types refused to sign, including the women of the Free State Project, Amanda Bouldin, the Free Stater who runs as a Democrat and votes as a Republican was quoted in an early story as saying she felt she was treated with respect. Apparently the remarks made about her nipples by fellow Representatives Josh Moore and Al Baldasaro in 2015 had slipped her mind. A more recent story reports that Bouldin has signed the form.

Representatives JR Hoell and Frank Sapareto voted against making domestic violence a specific crime in NH, and they both refused to sign the form saying they’d read the policy. There were some surprises in the category of those who signed. Free Stater Michael Sylvia, who voted against the domestic violence bill, did sign the form.  Representative Brian Stone was arrested in 2015 for violating a restraining order. The charge was dismissed. Representative Stone did not sign the form indicating he had received and read the official State House policy on sexual harassment.

The entire Libertarian Caucus of the NH House signed the form: Caleb Dyer, Joseph Stallcop, and Brandon Phinney. With grim amusement I note that Rep. Eric Schleien signed off on the policy, even before he was arrested for sexually assaulting a minor.

In Carroll County, all but one State Rep. signed the form stating they’d read the policy. Surprisingly, Free Stater Ed Comeau did sign the form. Not surprisingly, Lino Avellani did not. He was quoted in a November 17 story at WMUR as saying, “I didn’t sign it. If I’m not going to act appropriately, I shouldn’t be there.” Rep. Avellani, it’s worth noting, has a very poor attendance record.

The policy itself is toothless. All policies relating to ethics in the legislature are toothless. Senators and representatives are asked to sign conflict of interest forms, and then may go on to vote on bills that benefit their businesses or investments. It’s a charade.

There have been 10 cases of harassment reported from 2015 – 2017. One involved a male state representative who touched a woman’s leg and told off color jokes, and invaded personal space. These are toothless policies. “The member may be expelled” is hardly a threat, since no one ever is.

In 2004, a State House secretary, Dorothy Pike, sued a legislator and the House for sexual harassment. She sued the House for not protecting her from the advances of then Representative Ron Giordano. Giordano repeatedly groped her, tried to kiss her, and called her at home to threaten her. When Pike brought the issue to the attention of her boss, the complaint was never investigated. Instead they hired a security guard to follow her around, and told Giordano to stop.

The Speaker of the House at the time was Gene Chandler, who claimed they were powerless to discipline Giordano because he was an elected official, not an employee. The jury awarded Pike $175,000 in damages and $130,000 in back pay. The House was ordered to pay 55% and Giordano the balance. Speaker Chandler said that he was disappointed and would appeal the verdict. Imagine how disappointed Dorothy Pike must have been to learn that the men she worked for had so little respect for her. The House finally settled up with Ms. Pike in 2005. As of that time, Giordano hadn’t paid a dime. After the trial, Chandler filed legislation to create a sexual harassment policy aimed at covering legislators.

It looks as if Chandler will be Speaker again in 2018. The GOP caucus decided against supporting two of the candidates whom, despite multiple terms in office, are unable to correctly frame a parliamentary inquiry. One hopes he keeps his copy of the harassment policy handy. In the era of Trump, it’s likely to get a workout.

This was published as an op-ed in the December 1 edition of the Conway Daily Sun