Yes, it’s back. And I thank NH State Rep Jess Edwards for stepping into the fray with his attempt with HB129-FN-LOCAL (and for NH State Rep Judy Aron that attempted to fix the wrong last session) that attempts to “cure” the Unconstitutional Act that became law back in 2019 as it violated Article 28-A.
I’m talking about that Culture War bill that the Democrats put forward concerning “Period Poverty” in which the premise was that girls’ families didn’t have the funds to acquire menstrual / hygenic materials on their own (shades of Sandra Fluke in that grown women not being able to afford birth control). So the Democrats spun up SB142 back in 2019 to force School Districts to supply such products for free (er, Govt yet again being used to socialize everyone’s costs for something). You can go to the link are read everything but the Amended Analysis sums it up well:
This bill requires school boards to make menstrual hygiene products available, free of charge, in restrooms designated for girls and gender-neutral restrooms located in public middle and high schools.
The problem is that it violated the NH Constitution – Article 28-A (emphasis mine):
[Art.] 28-a. [Mandated Programs.] The state shall not mandate or assign any new, expanded or modified programs or responsibilities to any political subdivision in such a way as to necessitate additional local expenditures by the political subdivision unless such programs or responsibilities are fully funded by the state or unless such programs or responsibilities are approved for funding by a vote of the local legislative body of the political subdivision.
In other words, the State cannot tell towns, cities, school districts, water districts, et al that they have to spend money UNLESS the State provides the money. Period (sarcasm intentional in this case). I keep hearing that Republicans are “the Party of the Constitution” but on this, they “conveniently forgot” all about it and I named the names at the time that voted to help Democrats in their Culture War / creeping socialism:
SB142 – Republicans that voted FOR this unconstitutional bill:
Senate: Jeb Bradley, John Reagan, David Starr, Ruth Ward
House: Max Abramson, Arthur Barnes, Charles Burns, Joel Desilets (REALLY, again you show up voting with Democrats???), Peter Hayward
And what made it worse still was Chris Sununu also signing the bill that made “Gender Identity” a protected class so Districts had to also put the dispensers in boys bathrooms (and the expected rebellious vandalism occurred in some cases, costing the districts even more.
So NH State Rep Jess Edwards put in HB129 that seeks to remedy the problem caused by Governor Chris Sununu and his support of the Left’s Culture War:
This bill requires the department of education to fund the cost of school districts providing menstrual hygiene products. The bill also allows school districts to receive funds for providing menstrual hygiene products during previous school years.
Simple remedy to cure that unconstitutional act. While I don’t like the continued cross-sexuality war that is raging in our schools, having the State honor and obey its foundational Law (the NH Constitution) is of higher importance right now. And having the State pay now, which it should have in the beginning, makes it right.
The next step, in my opinion, would then to completely revoke the mandate all together and make it such that local control comes back into play. After all, isn’t that what Gov. Chris Sununu is touting all over the nation as he’s trying to raise his profile going hither and thither and getting in front of every camera and mic possible?
But remember, Sununu is the root cause for all of this:
- So, [Republican? Snicker!] Gov. Chris Sununu Told Us All That He Is Anti-parents and All in for the Teacher’s Unions
- Testimony in Opposition to SB 263 – “It’s not fair to force girls to compete against boys”
- Sununu Signs HB608 – Gender Rights Supersede The rights of Biological Women and Taxpayers
- Tearing out the bricks of Society’s Wall again – thanks Gov. Sununu for telling Social Conservatives to go stuff it. Again
Note: I did get an email from another State Rep that plaintively asked:
How do we get ourselves so wrapped up? This law is so ridiculous to have in the first place. We are paying for everything at the Schools (I get 28-a and agree, but how stupid are we?).
My response:
How Stupid? THIS stupid: https://granitegrok.com/blog/2021/03/thanks-for-listening-nh-republicans-seek-to-roll-back-free-menstrual-products-in-public-schools-law
We fail because the Rs have NO Constitutional discipline. We fail because Rs are scared of the Dems. We fail because too many Rs #1 job is to get re-elected and not scared enough to do the right things correctly.
We fail because we get “out-messaged” – ALL the Rs should have stood up and ridiculed “period poverty” or at least done some homework on how bad it is instead of going along with “anecdotes”. We fail because Rs don’t challenge the Ds to stop being lazy and go do the work to create a non-profit, solicit monies, and pay for it themselves.
Or the Rs should have said “No, the State can’t do this – we’re suing” and done so. Lately, I wish I had gone to Law school and done it myself. It’s a little late for me now – by the time I’d get through Law school and pass the bar, I’ll probably be dead.
Or do the non-profit themselves. THINK OUTSIDE THE BOX in defeating the expansion of Government. And in this case, protecting the “semi-Federalism” presented by 28-A.
