In The News

 Jeb Bradley May 18^th2020

Late last week Governor Sununu approved funding for various entities throughout New Hampshire including health care providers, non-profits, a small business relief fund, colleges, and food banks. The funding announced was $595 million which is on top of nearly $250 million already allocated by the Governor. This funding comes from the CARES ACT which was passed by Congress and signed by President Trump in late March and can be used for Covid-19 related expenses by the state as well as cities and towns. These federal funds cannot be used to cover expected state or local revenue shortfalls however.

 New Hampshire received $1.25 billion in CARES funding that Governor Sununu is authorized to allocate for Covid-19 related purposes. He had previously allocated $250 of this funding for hospitals, other health care providers, stipends for front-line long-term care workers and first responders, and local and county government’s Covid-19 costs.

It should be noted that under the CARES ACT, according to documents provided to me by Senator Shaheen, New Hampshire also received over $350 million of other funding for specific purposes. That includes $7.5 million for Community Development Block Grants, $5.5 million for public health emergency preparedness, $6.8 million for community health centers, $7 million for child care, $165 million for health care providers (hospitals), and $87 million for education. This education funding is largely split between higher education and elementary and secondary schools.

Governor Sununu’s announcement last week allocates additional CARES funding as follows: $50 million for health care providers with 60% of that dedicated to long-term care facilities, $60 million for charitable organizations such as the New Hampshire Charitable Foundation and Community Development Finance Authority, $25 million for child care agencies, $10 million for agriculture, $5 million for the New Hampshire Food Bank, $10 million for the University of New Hampshire and $5 million for the Community College System.

The largest expenditure announced by Governor Sununu is a $400 million Main Street Relief Fund (MSRF) consisting of grants to businesses. Given the limitations of the federal Payroll Protection Program including the requirement that closed businesses must hire workers back by June 30^thand must use 75% of the funding on payroll, Governor Sununu’s MSRF initiative is critical to filling the gaps of Payroll Protection.

The MSRF is intended to help small businesses in the short run stay solvent and re-open.  Businesses that wish to avail themselves of this funding must utilize a two-step process. 

Step 1: By May 29^tha business must file a pre-application form which can be found here: https://www.goferr.nh.gov/. Please look for the blue box on the home page and follow the link for the prequalification application. This application is short and requires information such as the type of business, 2019 tax year gross receipts, anticipated 2020 receipts, compensation and wages paid in 2019, and any other federal grants received.

The principal place of business for applying for the MSRF must be in New Hampshire. Revenue of the business cannot exceed $20 million in 2019.  Agriculture, healthcare and childcare business should not apply for the MSRF as these entities are receiving funding through other CARES related sources. Not-for-profit organizations are also not eligible.

It is critical to note that the pre-application form must be filed by May 29th. This is in order to make sure that funding reaches businesses as quickly as possible to curtail the harmful impact of Covid-19 related shut downs.

When pre-applications have been submitted, the Governor’s Office for Emergency Relief and Recovery (GOFERR) will determine final funding criteria to be announced on June 1. 

Step 2:  When the final funding criteria are announced, businesses will have until June 8^thto file a formal application. Release of these funds is anticipated to occur on June 15^th.

It should be noted again that this is grant funding not loans. According to the documents released by GOFERR this funding will not be allocated based on first come first serve but rather on the needs of the business. Nevertheless, the pre-application must be submitted by May 29^thand the final application by June 8^th.  

When the $595 million is fully allocated, approximately $400 million will still remain in the New Hampshire CARES fund. I will continue to advocate that some of these funds be allocated to backfill the New Hampshire Unemployment Trust Fund so that businesses struggling to survive are not hit with a large cost increase. I will also continue to advocate that some funding be utilized to enhance public-private partnerships for rural broadband deployment which has become ever more critical.

The weather is improving and businesses are re-opening. It was encouraging to see many stores open with social distancing criteria in place. Take-out ice cream was very popular. Local restaurants are providing takeout and preparing for limited outdoor seating. 

The re-opening task force appointed by Governor Sununu continues to meet and hopefully many more businesses can more fully re-open quickly and safely. The outpouring of support for people who have faithfully provided services throughout the Covid-19 pandemic is heartwarming. But we have also realized that every job is essential. 

For the re-opening to continue we all have a critical role to play: utilize the 6-foot guideline, practice good hygiene, and when in public places especially indoors use face coverings. Those simple guidelines will better produce a safe and successful re-opening.

Please keep safe and healthy and if you have any questions or concerns, don’t hesitate to contact me at 387-2365. 

From the Conway Daily Sun — May 7, 2020

Last week, Gov. Chris Sununu announced revisions to New Hampshire’s stay-at-home order that will allow some currently closed business to reopen. The phased reopening comes as well over 100,000 New Hampshire citizens are unemployed, as are 30 million Americans.

Gov. Sununu is taking a cautious approach that balances the continued need for public health safety against the dire circumstances so many hard-working families and businesses find themselves in.
Starting immediately, New Hampshire’s 26 hospitals can resume treating patients for time-sensitive procedures. For almost two months, patients have not been able to access needed care for anything other than an emergency in order to preserve hospital capacity to treat the expected surge of virus patients. That surge, thankfully, did not occur as the number of hospitalizations for COVID-19 has leveled off at slightly over 100 patients in New Hampshire. 

With the governor’s order, hospitals can resume procedures such as CT scans, MRIs, joint replacements and biopsies. Hospitals will have to segregate COVID-19 patients from others and restrict visitors.

This is welcome news for patients. A recent article in the New England Journal of Medicine by Dr. Lisa Rosenbaum outlined the risks for non COVID-19 patients who have not had normal care for almost two months. She wrote, “Cancer care, which often involves immunosuppressive therapy, tumor resection, and inpatient treatment, has been disproportionately affected by COVID-19.”
The governor’s order is good news for furloughed hospital employees who can begin to return to work. 

But two long-term questions will have to be answered. Has our health-care delivery system been undermined by the financial impact to healt- care institutions? Will the lack of care for two months that patients have experienced have a profound impact on the nation’s overall health?

The governor’s order also allows some New Hampshire businesses to begin the process of reopening. Starting Monday, retail stores that have been closed can reopen. Employees and customers will be expected to wear a mask, and the number of people at any one time in a store cannot exceed 50 percent of the store’s capacity as determined by fire codes.
Hair salons and barbershops will be able to reopen on a reservation-only basis. Both the customer and the employee will need to also wear a mask and there will be distancing and sanitizing requirements.
State parks and golf courses can reopen with the exception of beaches that are state parks. Golf courses will only be open to members or New Hampshire residents but will not be able to open their club house restaurants except for takeout.

The governor’s order allows campgrounds to remain open to either members or New Hampshire residents. Access to common areas of the campground will be restricted and distancing within the campground required. I remain concerned about open campgrounds, as do many public safety and municipal officials. Hopefully the restriction for New Hampshire residents will minimize the risk of virus spread.

Restaurants will be able to do a limited opening starting May 18. To begin with, the only seating allowed will be outdoors with a maximum of six people at a table and tables at least 6 feet apart. Staff will have to wear masks. 

The task force appointed by the governor to produce guidance on reopening will continue to meet as many other business categories need to be taken into account. Those businesses range from other health-care providers like dentists, to hotels and large venues.

As we approach the short summer season, it’s vital that we get these businesses open both successfully and safely. 

It will be critical that New Hampshire continue to show progress in containing the virus. Testing for the virus and acquisition of protective gear are moving in the right direction. Nearly 27,000 virus tests have been conducted and the state is on track to complete 1500 tests per day.

Individuals are able to schedule antibody tests to determine if they have contracted the virus. Hospitalization rates for COVID-19 will need to continue to remain stable. With more testing the percentage of positive tests will need to continue to decline. All of us will have to continue to practice the appropriate discipline of distancing, wearing masks and good hygiene. 

With continued progress, the phased reopening of New Hampshire can and should continue. We must prioritize both safety and economic viability of New Hampshire’s hard-working people and small businesses. We can do both together and the governor’s order is a good first step. 

Please keep safe and healthy and if you have any questions or concerns, don’t hesitate to contact me at (603) 387-2365.

Jeb Bradley is a Republican state senator from Wolfeboro.

By Jeb Bradley April 13, 2020

Much has changed in the way we all conduct our lives over the last several weeks due to the pernicious Corona Virus. People are staying home. When leaving our homes for essential services we are wearing masks and gloves. Many businesses have closed but those deemed essential are working overtime to provide food and other necessities to our friends and neighbors. Over 100,000 hard-working New Hampshire residents are now unemployed. Meanwhile hospitals and other health care providers have postponed elective procedures to prepare for the expected surge in virus cases to occur in late April or early May. 

Many people have contacted me about how they and their families or small businesses can stay afloat in these troubling times. The best initiative for small business owners is the federal Payroll Protection Program which enables a business with 500 or fewer employees to borrow up to $10 million to cover eight weeks of payroll. Critically important — this loan turns into a grant provided the business retains or rehires employees.

Businesses should apply for this grant through local community or commercial banks. The rapid rollout of this initiative has created some confusion among business owners about documentation required. Documentation is obviously necessary to prevent waste, fraud and abuse of taxpayer funds. So, business owners will have to provide proof of payroll, proof of being in business as of February 15, 2020, various IRS forms, and documentation for independent contractors.

Businesses that have successfully completed the application have indicated that dealing with a bank they already have a relationship with has eased some of the paperwork burdens as the bank would already have much of the needed documentation.

There are 37 banks in New Hampshire that are Small Business Administration certified lenders. That list can be obtained at www.nhbankers.com/coronavirus. 

A week after applications could be submitted almost 2000 loans to NH businesses have been approved with a value of $405 million protecting nearly 11,000 jobs according to the NH Bankers Association.

I will continue to advocate for bridge loan funding administered by Regional Development Corporations (RDCs). These funds can come from New Hampshire’s allocation of federal funds. These RDCs know local small businesses and are very nimble helping them when they need help the most.

People have also asked me about unemployment compensation. Apply for these benefits at the Department of Employment Security www.nhes.nh.gov. The initial difficultly of applying for unemployment was due to the large number of applicants. Those issues have largely been resolved. Nevertheless, people should look for the red box application link on the website and the directions for when to apply. Governor Sununu increased the minimum amount of unemployment and the federal legislation funded a temporary $600 weekly amount on top of state benefits. It should be noted that self-employed individuals who have had their business income interrupted can also receive unemployment. Remember that you need to apply every week to continue to receive the Corona Virus related unemployment benefit.

Providing strong leadership, Governor Sununu recently announced the formation of the Governor’s Office for Emergency Relief and Recovery and named Banking Commissioner Jerry Little to lead this effort. A minimum of $1.25 billion will be provided to New Hampshire from the recent federal legislation. While final federal guidance on allowed uses of these funds has yet to be released, these resources need to be used for expenses related to the Corona Virus.

New Hampshire’s hospitals which have lost significant revenue due to reserving facilities for Corona Virus related cases can receive funding as can other health care providers. These funds can also be used to support our unemployment trust fund and the Bureau of Economic Affairs as they work to assist employers. Presumably funding can also be used to support local communities that have virus related expenses and not for profits such as food pantries that are stretched thin providing assistance to hard working people who have lost jobs.

It is important to note that the Attorney General’s Office has warned of potential scams involving federal funds. Government entities are not sending emails asking for personal information so carefully scrutinize any correspondence you may receive. More information can be obtained at the www.doj.nh.gov/covid-19-scams/.

Lastly, many people are asking when life can begin to resume some semblance of normalcy. That question is being asked because the economic consequences for our state and nation are profound and because the number of new cases in hot spot areas has begun to plateau. Despite these hopeful signs – public health officials warn it is too early to stop doing what we are doing. All of us need to continue to practice social distancing and wearing masks. Testing for the virus is expanding in New Hampshire and around the country. Access to testing is vital to opening up the economy. Vaccines are being developed and medications are showing positive results.

I hope and also believe that we will begin to resume normal lives sooner rather than later. It is critical to be driven by real data and smart practices that are likely to be cautiously phased in order to protect against a virus relapse. Patience and optimism are vital.

So too is gratitude for those on the front lines of fighting the virus: health care providers, supermarket workers, pharmacy employees, postal workers, first responders and many others. They are truly selfless heroes.

As always contact me with questions at 603-387-2365.

By Jeb Bradley — March 31

Over the last several weeks, conditions in New Hampshire and across the United States have changed dramatically as everyone copes with the Corona Virus. Understandably, much of the focus of the response has been on public health, social distancing, personal hygiene and the heroic efforts of frontline health care workers, first responders and so many essential service workers such as those who work in supermarkets.

The President has extended the federal Corona Virus guidelines until the end of April. Governor Sununu issued a stay at home order until May 4th. Essential services in New Hampshire such as supermarkets, pharmacies, hardware stores, gas stations can remain open. Those essential services are listed in Governor Sununu’s Executive order #17 and can be found here: https://www.governor.nh.gov/news…/emergency-orders/index.htm. 

The Corona Virus is also having a profound impact on hardworking New Hampshire residents and small businesses. On March 27th Congress passed and the President signed into law a $2 trillion rescue package that will provide temporary assistance to impacted people and businesses.

The most important small business provision is the Paycheck Protection Program or PPP. According to the U.S. Senate Committee on Small Business, any business that employs 500 or fewer people is eligible for loans comparable to 250% of their average monthly payroll expenses. This loan has an upper limit of $10 million. It is expected to cover 8 weeks of payroll and can include sick or medical leave and health insurance premiums. The loan can also cover mortgage interest, rents, leases and utility costs.

If small business owners retain all of their employees the loan will be forgiven and turned into a grant. 
In order for the loan to turn into a grant, businesses need to retain employees but if a business has already released employees the grant is still allowed if the business rehires them by June 30th. If the business payroll has decreased by more than 25%, the loan forgiveness will be reduced by the corresponding amount.

The application deadline for these loans / grants is June 30th and retroactive to February 15th 2020. However, with small businesses doing everything possible to stay afloat and keep employees on the payroll, the $350 billion that has been allocated under the federal legislation is not likely to cover every eligible business. There may well be subsequent legislation in Washington but for now that is the limit.

Final guidance on the PPP must still be issued by the Treasury Department. That should be forthcoming very shortly and once that guidance is issued commercial banks and community banks will be able to make these loans which will turn into grants per the conditions already listed. Small business owners should contact their banks as soon as possible. New Hampshire Bankers have made it very clear that they will do everything in their power to assist small businesses through this very trying time. Banks will need to verify a business’s payroll records for loans to be turned into grants.

While the PPP will go through commercial and community banks, Economic Injury Disaster Loans will continue to be administered by the Small Business Association which can be reached at 800-659-2955 or www.sba.gov/funding-programs/disaster-assistance. 

It should also be noted that Governor Sununu has allowed for deferred tax payments for anyone subject to the Business Profits Tax, Business Enterprise Tax and Interest and Dividends Tax. That deferral will extend to June 15th 2020 and will apply to the I&D tax up to $10,000 owed and the combined BET/BPT taxes up to $50,000 owed.
Another key provision in the federal legislation is an expansion of unemployment benefits. According to a summary published by Kevin Brady of the U.S. House Ways and Means Committee, $250 billion has been appropriated to enhance traditional unemployment benefits.

The maximum unemployment benefit in New Hampshire is $427. Governor Sununu has already allowed benefits to be paid without a one week wait time and also announced the minimum benefit will increase from $32 per week to $168. New Hampshire residents who have lost their job due to the virus are eligible for unemployment if an employer has closed or reduced employees, if someone is self-quarantined or family members are in quarantine, or if school closures force parents to care for their children. 
People who are self-employed and who cannot operate their business temporarily due to these conditions are also eligible for unemployment benefits. If someone’s hours have been reduced, they too are eligible for unemployment. Unemployment benefits in New Hampshire can be applied for at the Department of Employment Security www.nhes.nh.gov.Use the red box on the homepage but also due to high volume of filing apply per the guidelines right next to the red box. Employment Security can also be reached by phone at 271-7700.

In addition to New Hampshire unemployment benefits, the federal legislation allows for a 4-month temporary $600 weekly payment on top of the New Hampshire benefit. This temporary benefit will extend to July 31. The new federal law also allows for an extra 13 weeks of compensation for those who experience longer term unemployment. 
These economic measures are unprecedented, but so too is the threat to hard working New Hampshire residents and small businesses which is why these measures are so necessary. Along with ramping up virus testing, providing more protective equipment and enhancing medical response capabilities we will get through this crisis despite the terrible human toll the virus is causing.

Most importantly, Thank You to the many health care providers, pharmacy employees, grocery store employees and many many other New Hampshire people who have stepped up to confront the virus and protect their fellow citizens. 

As always, please reach out to me with questions at 603-387-2365.

It has been a very busy legislative session so far in 2020. I would like to update readers about three bills that I have introduced.

The first bill, SB 747, would allow New Hampshire to accept the first $10 million of a $46 million federal grant to open more charter schools. In New Hampshire, charter schools are public schools. They can be funded with state dollars exclusively or can be locally based and funded with both state and local dollars. Charter schools can be founded by groups of parents, teachers or administrators and must be approved by the state Board of Education.

Charter schools are designed to focus on specific areas of study such as science, technology, engineering and mathematics (STEM), arts and/or Montessori programs. Charter schools can also focus on project-based learning, economically disadvantaged students or those with learning disabilities. Charter schools offer a flexible learning environment that is very attractive to a growing number of students.

Currently in New Hampshire, there are 28 charter schools that serve 3,800 students, or about 2.5 percent of the student population. Students on charter school waiting lists total 1,352. The biggest obstacle to creating more charter schools are the upfront costs, which the $46 million federal grant is intended to alleviate.

Until now, charter schools have enjoyed bipartisan support. Former Gov. Maggie Hassan was a strong advocate. I also have long supported charter schools because they offer opportunities for at-risk students who need innovative and flexible curriculum or have few educational choices because of their parents’ financial status. New Hampshire has good traditional public schools. However, every parent knows that not all children learn in the same way, so options like charter schools can fill a very valuable need for these children.

Given this background, it is indeed surprising that this $46 million federal grant has been rejected on a partisan basis three times by seven legislators that serve on what is known as the Fiscal Committee. The chief argument opponents of the grant cite is potential cost increases from new charter schools.

Currently, charter schools receive the education grant that every public school receives, of $3,700 per student, and a charter school-specific grant of $3,400.

The concern involves the specific charter school grant of $3,400. Opponents claim new charter schools could increase state expenditures annually by approximately $5.7 million. However, it must be noted that the cost of educating a traditional public school student in New Hampshire is about $15,000 — more than double the cost of a charter school student. That large differential cost is why the Department of Education has estimated there could be a cost savings of about $6 million annually.

Regardless of whether there is a potential cost increase or potential cost savings if more charter schools are created, the fact is, in a $13 billion state budget, any cost increases for charter schools, if they in fact materialize, are very manageable.

The key question in my mind is whether charter schools provide opportunities and options for students — especially at-risk students. According to students and their parents, charter schools are critical for the success of these kids.

So, in my view, given that there is a waiting list of 1,352 students, New Hampshire should accept the $46 million federal grant. This is the largest grant to any state in the nation. Its sole purpose is to enhance charter schools. It cannot be used for any other purpose. Turning down the grant would only hurt students whom leaders across the political spectrum claim they want to help.

A second issue that has generated significant discussion are short-term rentals and how communities deal with some of the issues surrounding them. I have submitted legislation that seeks to find a viable compromise that involves appropriate regulation but prevents outright short-term rental bans.

SB 458 would give local officials the opportunity to inspect short-term rentals for life safety issues. This is on top of existing authority for noise and parking regulations communities already have. Furthermore, under this bill, towns could require short-term rentals to register with a community. This registration can be potentially suspended if there are three disorderly events. Towns could impose fines on short-term homes for a second or third disorderly event.

Why is a short-term rental compromise important? Tourism is a key industry, especially in the Seacoast, Lakes Region and White Mountains. Visitors want the option of staying in a home with family members. If short-term rentals are banned, visitors will go elsewhere. Short-term rentals will go underground without effective regulation. There already has been litigation involving short-term rentals that has driven up property taxes. Banning short-term rentals will only lead to more costly litigation.

On the other hand, towns need the new authority SB 458 would provide to ensure regulations are in place to prevent disorderly homes that impact the peace and quiet people expect. I will continue to work with local officials, the state fire marshal and others to fine-tune SB 458 so it works effectively for everyone.

Lastly, legislation I sponsored several years ago required insurance coverage for oral chemotherapy that is similar to coverage for intravenous chemotherapy. That legislation ensured more affordable coverage for oral chemotherapy — absolutely critical for cancer patients. Due to opposition from the insurance industry, my prior legislation contained a sunset provision which, unfortunately, was necessary to ensure passage.

In 2020, I introduced SB 619 that removes the sunset provision so patients can continue to have access to lifesaving oral chemotherapy treatment. SB 619 unanimously passed the Senate and will soon have a hearing in the House. I would like to thank the many bipartisan co-sponsors of SB 619 for their support of this important bill, including N.H. Reps. Jerry Knirk (D-Freedom) and William Marsh (R-Wolfeboro).

As always, please don’t hesitate to contact me if you have any questions about these bills or any other legislation pending at the State House.

N.H. Sen. Jeb Bradley is a Republican from Wolfeboro.

NASHUA — A two-year battle at the State House over reforming the state’s animal cruelty laws, following several high-profile abuse cases, ended Tuesday in Nashua as Gov. Chris Sununu signed two bills strengthening protections for animals and increasing penalties for animal cruelty.

Sununu, joined by lawmakers and advocates, signed the bills at The Humane Society for Greater Nashua.

“I would like to thank the advocates at the Humane Society and Senator Jeb Bradley for their hard work, advocacy, and leadership in getting these two bills done,” said Sununu in a statement.

“Together, these two bills build upon the progress made last term in strengthening animal cruelty laws in New Hampshire by reducing costs associated with animal cruelty cases, preventing animal suffering, and protecting them from animal cruelty.”

Sen. Jeb Bradley, R-Wolfeboro, crafted legislation in 2018 to bring more breeders under state purview and to crack down on animal abusers in a variety of ways, following the nationally publicized case of Christina Fay, convicted on animal cruelty charges and ordered to pay nearly $2 million in restitution after more than 80 Great Danes were removed from her Wolfeboro home in 2017.

But Bradley’s 2018 proposal died in the House of Representatives after breeders turned out in force claiming it gave state regulators too much power and that it subjected small breeding operations to onerous oversight.

Bradley returned this year with a more measured approach with the goal of speeding up animal abuse cases in court while offering more specific legal protections for the accused.

The Senate attached the plan to a House-passed bill, HB 459, which directs lawmakers to come up with guidelines for harvesting hemp without overstepping a federal ban on growing marijuana.

HB 459 further achieves the following:

requires a court hearing within 14 days of animals being confiscated for alleged cruelty

prevents animal owners convicted of felony cruelty from ownership of animals for at least five years

permits a co-owner to seek temporary custody of animals during court proceedings if there’s no evidence that that individual was involved in the abuse

sets a deadline for payment of court-ordered, post-conviction bond, helping to mitigate the expense of caring for animals rescued from cruelty so taxpayers and nonprofit animal organizations are not left with hundreds of thousands of dollars in costs

The second new law, HB 605, increases penalties to possess or manufacture animal fighting paraphernalia.

“I am glad that we have strengthened our cost of care laws to better protect taxpayers from runaway costs of unscrupulous breeders, while protecting animals from abuse,” Bradley said. “I would like to thank Governor Sununu, the bipartisan group of legislators, The Humane Society and other advocates for everything they have done to get this law passed.”

“Gov. Sununu has signed into law two crucial policies to address animal cruelty,” said Julia Seeley, New Hampshire state director for The Humane Society of the United States. “Championed by Senator Jeb Bradley and Representative Katherine Rogers (D-Concord), collectively these laws help address the enormous costs to care for animals who are rescued from neglect, prevent someone convicted of felony cruelty from owning or living with an animal for a minimum of five years, and ban the paraphernalia used in animal fighting. We are grateful to Governor Sununu, these legislative leaders, animal shelters, law enforcement, and countless advocates for their commitment to preventing the suffering of animals in the Granite State.”

“The House Environmental & Agriculture Committee has been working on versions of HB 459 for several years and we are thrilled to have passed it this year,” said state Rep. Amanda Gourgue, D-Lee, chair of the House Environment and Agriculture Committee, in a statement. “This bill is very important for the people and animals of New Hampshire because it helps protect animals from cruelty. This bill requires the courts to quickly deal with cases in which animals have been seized and prohibits any person convicted of a felony cruelty or bestiality from owning or living with an animal for at least five years.”

“In addition to the necessary protections to animals, House Bill 459 also legalizes the growing of hemp in New Hampshire, consistent with recent changes in the 2018 Farm Bill,” said state Rep. Peter Bixby, D-Dover. “The ability to grow hemp legally expands agricultural opportunities for farmers across the state. HB 459 is a well balanced bill and something we should all be proud of.”

https://www.unionleader.com/news/animals/sununu-signs-two-bills-reforming-state-s-animal-cruelty-laws/article_82361a5f-a945-54fc-9d3c-d12b8ed5dc00.html?fbclid=IwAR3CN_JvYwX6VV_ugPgW8QIZ2K_J97KlkYFZtsysD5DAyVvQhTxhUf0KnxY

[email protected]

On July 19, Gov. Chris Sununu signed SB 242, legislation I sponsored that provides some protection for New Hampshire retail and online merchants that could be forced by the U.S. Supreme Court’s Wayfair Decision to collect a sales tax on purchases made by visitors in our state. SB 242 represents a triumph of bipartisanship, sober recognition of the threat N.H. businesses confront and persistence of legislators, the attorney general, the governor and his staff.

First, some background. Just over a year ago, the Supreme Court overturned many years of precedent and ruled the “physical presence” of a retail establishment does not determine collection or payment of a sales tax. For example, under the Supreme Court ruling, when an out-of-state visitor shops in N.H., the N.H. merchant could be responsible to collect and remit the sales tax, for the visitor’s purchase to that state.

Needless to say, the Wayfair decision could be problematic for New Hampshire merchants. We don’t have a sales tax and visitors take advantage of that.

Sununu recognized immediately how the Supreme Court undermined the New Hampshire Advantage and called for a special legislative session in the summer of 2018. As a result, a legislative commission unanimously recommended passage of legislation I sponsored in that special session. While the Senate passed it 24-0, the House was split with some members believing that the bill did not go far enough and others felt it had not been adequately vetted in the special session.

In 2019, I reintroduced the legislation, SB 242. Several months had elapsed, and states with sales taxes (45) had begun to take measures to collect sales taxes when their residents made purchases out of their home state. Connecticut even budgeted for auditors to try and collect this revenue. These actions by other states made the threat real in Concord and SB 242 is now law.

What does SB 242 do? Most important, if another state seeks to collect sales tax revenue on purchases made in New Hampshire, that state must provide our attorney general’s office notice 45 days prior to initiating such action. The attorney general must determine the legality and constitutionally of such actions. SB 242 provides protection against retroactive taxation and provides for customer privacy and fraud protection. Lastly, any N.H. merchant that must collect and remit sales taxes can deduct the cost of that collection from the remittance.

New Hampshire businesses do not want this expensive threat that undermines their competitiveness. We cannot obviously overturn the Supreme Court decision. But we must also recognize the unlikely prospect of Congress taking action when 45 states collect sales taxes and those states want to maximize revenue.

Hence, SB 242 attempts to make the best of a bad situation. We will have to carefully monitor SB 242’s implementation and be prepared to make adjustments as necessary given the legal constraints of the court.

It is encouraging that across the aisle legislators recognized the threat to N.H. merchants and took action to protect our “no sales tax” advantage. Hopefully, the same recognition occurs regarding the business tax rate debate central to the budget Sununu vetoed.

There is no question New Hampshire enjoys its advantage due to our lack of both a sales tax or income tax, but comparatively our rate of business taxation is among the nation’s highest. According to the Tax Foundation, several years ago New Hampshire had the 48th worst business tax rate. Today, that ranking has started to decline due to incremental decreases to our business profits and business enterprise tax that came as a result of legislation I sponsored in 2015 and 2017. When we began to lower these rates, the BPT was 8.5 percent. As of Jan. 1, 2019, the rate was 7.7 percent. The budget Sununu vetoed increased the BPT to 7.9 percent.

Despite what some are saying, this is clearly an increase in the tax rate. Businesses make decisions on job expansion or retention upon many criteria, but state tax rates are one of those essential criteria.

Since we began lowering business taxes the economy has responded. New Hampshire now enjoys one of the lowest unemployment rates, the lowest poverty rate and among the highest income levels in America. Moreover, since reducing the tax rates revenue has been more than $500 million above expectations. Clearly, the results have been positive, not only for New Hampshire businesses, but also everyone who depends on a good job.

Yet, many have labeled these tax rates as “giveaways to big out-of-state corporations.” Perhaps that is a good partisan talking point. But it undermines retaining and attracting the jobs that hardworking families need. Look no further than Lonza’s 1,000-job Portsmouth expansion or BAE System’s 800 job Manchester expansion. Lonza is a Swiss bio-pharmaceutical company and BAE’s American subsidiary is headquartered in Virginia. In a very competitive global economy, businesses expect predictability, stability and competitiveness on the cost of doing business. We need to recognize that fact — at least if we want to encourage Lonza, BAE and many other companies to invest in N.H.

The debate on business taxes is a critical budget debate. I hope the same bipartisan sense of protecting New Hampshire’s lack of a sales tax and SB 242’s passage, also occurs regarding competitive business tax rates. The economic success and the jobs of thousands of N.H. residents are at stake.

https://www.conwaydailysun.com/opinion/columns/jeb-bradley-protecting-advantage/article_e2ac2790-aefb-11e9-aa9a-87b2d574428b.html