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Bad Bartlett: The Josiah Bartlett Center and NH Watchdog Answer the Call of the Koch Brothers

Bad Bartlett: The Josiah Bartlett Center and NH Watchdog Answer the Call of the Koch Brothers

How right wing funders are manufacturing the news and influencing public policy in New Hampshire
A Report by Granite State Progress & The Center for Media and Democracy October 2013

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Bad Bartlett: The Josiah Bartlett Center and NH Watchdog Answer the Call of the Koch Brothers

Report Credits

This report was produced by Granite State Progress, a progressive advocacy organization addressing issues of immediate state and local concern. Granite State Progress works as a communications hub for the progressive community to provide a strong, credible voice in advancing progressive solutions to critical community problems. Press releases and other information available online at www.GraniteStateProgress.org.

The Center for Media and Democracy (CMD), publisher of ALECexposed.org, PRWatch.org, and SourceWatch.org, contributed to this report. Located in Madison, Wisconsin, CMD is a national, non-profit watchdog organization, founded in 1993. CMD investigates and exposes the undue influence of corporations and front groups on public policy, including PR campaigns, lobbying, and electioneering. CMD's original reporting helps educate the public and aid grassroots action about policies affecting people’s lives — their rights and the health of our democracy.

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Bad Bartlett: The Josiah Bartlett Center and NH Watchdog Answer the Call of the Koch Brothers

Bad Bartlett: The Josiah Bartlett Center and NH Watchdog Answer the Call of the Koch Brothers
Table of Contents
A Snapshot: Blocking Medicaid Expansion ........................................................................... 4 Executive Summary .............................................................................................................. 5 Josiah Bartlett Center & State Policy Network ...................................................................... 7 Josiah Bartlett Center Actively Hides Its Deep Ties to Conservative Funders, Networks .. 8 New Hampshire Watchdog & Franklin Center for Government & Public Integrity ................. 8 Driving the News: The Franklin Center .............................................................................. 9 Franklin Center & Watchdogs Prey on Understaffed News Rooms ................................. 10 Watchdog Criticism & Controversies ............................................................................... 10 NH Watchdog Scorns Journalistic Principles: ‘There is no license required to practice journalism’ ....................................................................................................................... 11 NH Watchdog’s Brand of Ethics: Is He a Reporter, Lobbyist, or Political Hack? .............. 12 NH Watchdog’s “Real Reporter” Actively Hides Its Deep Ties to Conservative Funders and Political Networks, Refuses to Disclose Connections to Readers ............................. 13 Current Staffing, Structure of Josiah Bartlett Center and NH Watchdog ............................. 14 Josiah Bartlett Center & NH Watchdog Connections to the Broader Rightwing Network .... 17 Josiah Bartlett Center, NH Watchdog, and Allies Promote Same National Right-Wing Agenda ............................................................................................................................ 20 The Senior Fellow/Reporter/Lobbyist .............................................................................. 21 Providing the Front of ‘Home-Grown Legislation’ ............................................................ 22 The Lobbying Run-Around .............................................................................................. 24 I’m Not a Lobbyist, I’m a “Policy Expert” .......................................................................... 24 “Policy Expert” Gets a Bit Close to “Political Hack” .......................................................... 25 Shaping New Hampshire’s Public Policy: Starring the Koch Cogs .................................. 25 Right-Wing Funders of the Josiah Bartlett Center & NH Watchdog .................................... 32 Conclusion .......................................................................................................................... 36 Addendums ........................................................................................................................ 37 Report Citiations ................................................................................................................. 55

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Bad Bartlett: The Josiah Bartlett Center and NH Watchdog Answer the Call of the Koch Brothers

A Snapshot: Blocking Medicaid Expansion
On September 10, 2013 the New Hampshire Study Commission on Medicaid Expansion met at the Legislative Office Building to hear expert testimony in opposition to expanding health care coverage to tens of thousands of lower income Granite Staters.i Sitting on the commission was Charlie Arlinghaus, President of the Josiah Bartlett Center for Public Policy. A right-wing think tank, the Bartlett Center had a long history of opposing health care reform measures, particularly those related to the Affordable Care Act. Arlinghaus, along with several other conservative members of the commission, had been stonewalling proceedings and openly complaining that testimony before the commission was lopsided in favor of expansion – despite the fact that every commission member had an opportunity to recommend testifiers. Avik Roy of the conservative Manhattan Institute, the featured speaker of the day, was one of only a handful of “experts” opponents to expansion could find to participate.ii His appearance was an important opportunity for Arlinghaus and others to dissuade committee members and the public from expanding Medicaid coverage to lower income populations. Indeed, the conversation from Roy focused not on expansion but instead on an alternative plan that would sell lower income individuals low-cost health insurance plans off-set by high deductibles: essentially, ensuring that families had health coverage but creating out-ofpocket expenses so high it would be difficult for individuals in the income bracket to actually afford the services offered in those plans.iii Following Roy’s presentation, health care proponents rallied against it and continued to push for expansion. In response, NH Watchdog editor and Josiah Bartlett Center staff member Grant Bosse used his weekend column in the Concord Monitor to ridicule the advocates and cast their concerns as simply partisan, political opposition. The column “Wanted: grown-ups in N.H. politics” used the phrases ‘false outrage’ and ‘demonization’ to describe the response. Bosse wrote, “Roy’s testimony hadn’t stop (sic) echoing through the halls of the Legislative Office Building before the high-pitched shrieks of Democrats drowned it out.”iv To the public eye, within a week a policy leader from a local think tank, a national expert, and a conservative columnist seemingly shared a consensus on an alternative vision for Medicaid expansion. Yet, in reality, Charlie Arlinghaus, Avik Roy, and Grant Bosse share much more than political ideology: they all receive their paychecks from the same source. Those networks are, in turn, supported by anti-Obamacare billionaires David and Charles Koch, for whom blocking implementation of any part of the Affordable Care Act is a major campaign objective. And they are tied into the corporate-driven American Legislative Exchange Council, whose “Affordable Health Insurance Act” v reads like a parent copy of the Medicaid expansion structure advocated for by Roy, Arlinghaus, and Bosse. vi Not a single word about any of these connections was disclosed during the attempt to influence the health care debate in New Hampshire. This lack of even basic transparency and accountability is, in a nutshell, how the Josiah Bartlett Center, the NH Watchdog, and their sister networks of state-based think tanks and communications shops operate. This report seeks to bring those tangled webs to light and hold them up for public scrutiny.

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Bad Bartlett: The Josiah Bartlett Center and NH Watchdog Answer the Call of the Koch Brothers

Executive Summary
The influence of billionaires David and Charles Koch through their flagship group Americans for Prosperity, or the corporate corruption of the political and legislative process through the American Legislative Exchange Council (ALEC), is well-documented. More difficult to detect are the networks situated in each state designed to assist these lead groups in the passage and promotion of particular legislation and candidates. Fueled by many of the same right-wing billionaires and foundations that also fund these lead groups, the State Policy Network and its member think tanks provide the appearance of "independent" intellectual voices advocating for much of the agenda promoted by the Koch brothers and ALEC. Similarly, the Franklin Center for Government and Public Integrity and its members – often overlapping or embedded in State Policy Network think tanks – provide the appearance of a “neutral” or balanced voice in the media covering these same issues. The reality is that a highly organized and intricately woven network of organizations and personnel has been constructed – and all roads lead back to the Koch brothers. In New Hampshire, the influence of these organizations take shape in the form of the well-known Josiah Bartlett Center for Public Policy, and its media arm, the NH Watchdog. This report details how the two sister organizations work to manufacture the news and influence public policy in New Hampshire. It also provides irrefutable documentation of the close affiliations and funders driving that agenda – despite Josiah Bartlett Center and NH Watchdog’s multiple attempts to declare otherwise. Key Findings   Despite claims, neither the Josiah Bartlett Center nor the NH Watchdog are independent and unbiased. The Josiah Bartlett Center is a member of the State Policy Network and the NH Watchdog – embedded at the Josiah Bartlett Center – is run by the far-right Franklin Center for Government and Public Integrity. Both SPN and the Franklin Center have close ties to the American Legislative Exchange Council, the Koch brothers, the Tea Party, the Conservative Political Action Conference, the Heritage Foundation and numerous other conservative causes and candidates. The Josiah Bartlett Center and NH Watchdog are staffed by conservative ideologues who have been active in conservative causes. Staff of both organizations lobby on legislation at the state level – spending time producing reports, creating statistics, talking points, "expert" testimony, videos, and a raft of other materials – yet refuse to file as lobbyists. Incredibly, the NH Watchdog staffer even testified on legislation before a committee as a ‘reporter’ speaking on his own behalf.

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Bad Bartlett: The Josiah Bartlett Center and NH Watchdog Answer the Call of the Koch Brothers

The legislative agenda of the Josiah Bartlett Center and NH Watchdog align closely with other Koch-funded groups such as Americans for Prosperity and ALEC, and the organizations play a specific role in the overall strategy for advancing these objectives. Josiah Bartlett Center and NH Watchdog have received direct funding from the Koch family fortune despite their claims otherwise. Additionally, 95% of the Franklin Center’s known funding comes from the Donors Capital Fund and the related Donors Trust, "the dark-money ATM of the conservative movement" that receives significant funding from the Koch brothers. Mainstream legitimate news operations are ignoring the clear conservative advocacy intentions of the NH Watchdog and are republishing its “reporting” as legitimate, unbiased commentary without disclosing to readers that the writers receive a paycheck to advance a particular policy position.

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Bad Bartlett: The Josiah Bartlett Center and NH Watchdog Answer the Call of the Koch Brothers

Josiah Bartlett Center & the State Policy Network
Emily Mead, a long-time politico with close ties to Thomas Dewey, co-founded the Josiah Bartlett Center for Public Policy in 1992 at the urging of her late husband Edgar and daughter Mary.vii Edgar and Mary pushed for the organization after having attended an event at the Heritage Foundation in which the speaker told the audience to “get out of Washington and head back to your states,” to make lasting change.viii The founding of the Josiah Bartlett Center coincided with the launch of the State Policy Network – a new conservative venture answering a similar call to action.ix South Carolina building supply magnate Thomas A. Roe was inspired by the success of the Heritage Foundation to create "mini-Heritage Foundations" across the country to push policy changes at the state level, reinforcing the ALEC corporate and "conservative" agenda to change America's laws.x SPN became the umbrella organization for the Josiah Bartlett Center and other state affiliates. According to the Center for Media and Democracy:xi “The State Policy Network has franchised, funded, and fostered a growing number of ‘mini Heritage Foundations’ at the state level since the early 1990s. It describes itself as a network and service organization for the ‘state-based free market think tank movement’ and its stated mission is ‘to provide strategic assistance to independent research organization devoted to discovering and developing marketoriented solutions to state and local public policy issues.’” In New Hampshire, the Josiah Bartlett Center has established itself as a policy think tank on issues such as education and school choice, health care, fiscal policy, and transportation. Organized as a 501(c)(3) nonprofit, it claims to be bipartisanxii, but its activities and affiliations illustrate a long – and funding-dependent – involvement with far right agendas.

Josiah Bartlett Center, State Policy Network Have Deep Ties to Conservative Funders and Political Networks
The State Policy Network counts many other national right-wing organizations as associate members, including the American Legislative Exchange Council (ALEC), the Cato Institute, the Franklin Center, the Heritage Foundation, the Heartland Institute, and the National Right to Work Legal Defense Foundation.xiii Additionally, SPN has played a major role in supporting ALEC, serving as a “chairman” level sponsor of the 2013 ALEC Annual Conference and sitting on various ALEC policy committees. xiv Since its founding, SPN has been funded by conservative organizations including the Koch-funded Donors Trust/Donors Capital Fund, the Bradley Foundation, the Roe Foundation, and the Kochs’ Claude R. Lambe Charitable Foundation.xv These affiliations shape the policy agenda and campaigns of the Josiah Bartlett Center. Staff spend time producing reports, creating statistics, drafting talking points and providing

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Bad Bartlett: The Josiah Bartlett Center and NH Watchdog Answer the Call of the Koch Brothers

"expert" testimony in support of bills, and disseminating videos along with a raft of other materials to advance a right-wing legislative agenda in the states, under the guise of being a nonpartisan, nonprofit charitable organization full of neutral scholars and academics.

Josiah Bartlett Center Actively Hides Its Deep Ties to Conservative Funders and Political Networks
The Bartlett Center works hard to protect this image of neutrality and – given the lack of public awareness as to the real truth – has even been so bold as to defend its right-wing funders and networks in the political sphere. In the spring of 2012, public attention was gearing up in New Hampshire around the undue influence of the American Legislative Exchange Council (ALEC) and the Koch brothers. Hoping to stem the growing sense of awareness, Bartlett Center President Charlie Arlinghaus took to his weekly opinion column in the Union Leader to attempt to undermine the criticism. Striking a tone as a balanced and neutral third-party in the debate over the influence of ALEC and Koch, Arlinghaus went so far with his charade as to write: “I, for example, am accused regularly of being a puppet of the Koch brothers, unfortunately without the mitigating effect of actual donations from them. I’m thinking of applying for a grant by asking them, “if I get accused of being your tool enough, shouldn’t we give in to what everyone wants? Please?”
- Union Leader, Opinion Column: If you agree with me, then it must be a bad idea – Charlie Arlinghaus, April 4, 2012xvi

As one will soon read elsewhere in this report, Arlinghaus’ assertion that the Bartlett Center is not in bed with the Koch brothers and ALEC is blatantly false: by the spring of 2012, the Josiah Bartlett Center had received significant funding from the Koch-funded Donors Capital Fund for several years, in addition to direct contributions from the Kochs’ Claude R. Lambe Charitable Foundation. The Bartlett Center’s national network is joined at the hip to ALEC’s legislative agenda, and the Bartlett Center itself had co-sponsored events with ALEC at the state level in the past.xvii The Josiah Bartlett Center – and its President Charlie Arlinghaus – are not the independent, third parties they’d like to lead the public, policymakers, and members of the press to believe.

New Hampshire Watchdog & the Franklin Center for Government & Public Integrity
In November 2008, looking to further insert its right-wing agenda into the New Hampshire media market, the Josiah Bartlett Center hired former radio host-turned-Republican political operative Grant Bosse to launch the New Hampshire Watchdog,xviii a “new investigative project for the free market think tank.”xix

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Bad Bartlett: The Josiah Bartlett Center and NH Watchdog Answer the Call of the Koch Brothers

Originally operating as a blogspot page, the Josiah Bartlett Center marked the one year anniversary of its new media arm by launching xx an auxiliary website for it at NewHampshireWatchdog.org. Announcements framed it as “a news and information website designed to deliver the Center’s ground-breaking reporting, commentary, and features.” xxi Pitching it as a conservative investigative reporting site that focused on the state legislature, the Josiah Bartlett Center’s President Charlie Arlinghaus boldly asserted the need for his think tank’s news site because “as traditional media outlets cut back on the resources they can devote to complex stories, we’re (the Josiah Bartlett Center for Public Policy) providing the depth of investigative journalism needed in a democratic society.”xxii

Driving the News: The Franklin Center
Arlinghaus’ confused statement that a conservative think tank advocating for right -wing policies could hire “reporters” to cover the very issues they lobby on and then provide that ‘coverage’ to local news outlets seems far-fetched. Unfortunately, the Bartlett Center had good reason to believe that it could work in New Hampshire. Housed at the Josiah Bartlett Center, the New Hampshire Watchdog is actually a state affiliate of the Franklin Center for Government and Public Integrity, an umbrella group of right-wing “news” outlets in states across the country.xxiii SPN think tanks, like Josiah Bartlett Center, often establish and/or host Franklin Center affiliates in exchange for funding. The ‘watchdog’ language is a popular but not required brand for the state websites. According to the organization's own website, the group's mission involves "networking and training independent investigative reporters, as well as journalists from state based news organizations, public-policy institutions & watchdog groups."xxiv The center is registered as a national 501(c)(3) journalism organization based in Bismarck, North Dakota and funds state reporters in more than 40 states. A Media Matters piece “How A Right Wing Group Is Infiltrating State News Coverage” gives a more straightforward assessment of Franklin Center operations:xxv

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Bad Bartlett: The Josiah Bartlett Center and NH Watchdog Answer the Call of the Koch Brothers

“The Franklin Center is a multimillion-dollar organization whose websites and affiliates provide free statehouse reporting to local newspapers and other media across the country. Funded by major conservative donors, staffed by veterans of groups affiliated with the Koch brothers, and maintaining a regular presence hosting right-wing events, the organization boasts of its ability to fill the void created by state newsroom layoffs. The group's editors claim that their ‘professional journalism’ work is walled off from the organization's more nakedly political operations and say that their ‘pro-taxpayer, proliberty, free market perspective’ doesn't compromise their accuracy or independence. But many journalism professionals - even newspaper editors who reprint the work of Franklin Center affiliates in their own pages - speak warily of the group's ideological bent.” The Franklin Center has been funded by conservative organizations including the Kochfunded Donors Trust/Donors Capital Fund and the Bradley Foundation. xxvi It was a "ViceChairman" level sponsor of 2011 American Legislative Exchange Council (ALEC) Annual Conference, which in 2010, equated to $25,000. The Franklin Center was one of about 60 companies and institutions represented in the conference exhibition hall.xxvii

Franklin Center & “Watchdogs” Prey on Understaffed News Rooms
Despite the clear conflict of interest between the lobbying arm and media operations, it’s not surprising that the Franklin Center’s statehouse reporting efforts has been successful in being picked up in newspapers with large audiences as fewer traditional newspapers are covering state capitols. A 2009 American Journalism Review study found that 355 newspaper reporters and editors were covering state capitols full time, a 30% decrease at the time from 524 in 2003.xxviii This has resulted in a reliance on Franklin Center affiliates for statehouse news. A May 2012 fundraising email from the Franklin Center even bragged:xxix “When you give to the Franklin Center, you have an immediate impact on the power of our reporting. Legacy news outlets regularly pick up our stories, driving them far beyond the typical audience for online news." (The Center for Media & Democracy, “How a Right-Wing Group Is Infiltrating State News Coverage,” July 12, 2012)

Watchdog Criticism & Controversies
Not all are enamored with the Watchdog groups, however, and the network’s track record of faulty reporting and manufactured news coverage to benefit its conservative interests is becoming more widely criticized.xxx Laura McGann, assistant editor at the Nieman Journalism Lab at Harvard University, wrote in a 2010 piece in the Washington Monthly that the Franklin Center sites are engaging in distorted reporting across the country. In addition, the Pew Research Center's Project for Excellence in Journalism, using a sliding scale of highly ideological, somewhat ideological and non-ideological, ranked the "Watchdog.org" franchise "highly ideological."xxxi According to an investigation by Media Matters' Joe Strupp, several state-based journalism associations have denied Franklin Center affiliates press credentials. In Idaho, the Idaho Reporter was denied membership in the press association in both 2010 and 2011 and did not seek membership in 2012. Media Matters’ article quotes Betsy Russell, president of the
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Bad Bartlett: The Josiah Bartlett Center and NH Watchdog Answer the Call of the Koch Brothers

Capitol Correspondents Association of Idaho and a reporter for The Spokesman-Review, who said the Franklin Center’s Idaho affiliate is “basically a lobbying organization that is linked to a news arm.” The Franklin Center’s affiliate in Ohio, the Buckeye Institute, was also denied credentials in the Ohio Legislative Correspondents Association in 2010. Association President Jim Siegel of the Columbus Dispatch said "They [the Buckeye Institute] were denied because they were more of a conservative think tank than a professional news-gathering organization…there were some questions about where their funding came from."xxxii In other states, examples of how the Watchdog’s unscrupulous and unchecked political and funding ties can lead to faulty reporting have unfortunately come to fruition – and to the benefit of conservative interests:xxxiii  In August 2010, the West Virginia Watchdog reported that former Democratic Gov. Joe Manchin, who was running in one of the most contested U.S. Senate races of that year, had been subpoenaed as part of a federal grand jury investigation. The article was picked up by several news sources including the AP, the Charleston CBS affiliate, and the Charleston Daily Mail, even though there was no subpoena issued to Manchin or anyone in his administration. In October 2010, the Kennebec Journal reported that the MaineWatchdog.org, a Franklin Center affiliate, reported that U.S. Rep. Chellie Pingree (D) had traveled aboard her fiancé’s private jet. What the MaineWatchdog did not report is that the travel may have not broken laws or ethics rules, according to the House ethics manual.xxxiv In February 2011, the Wisconsin Reporter issued a questionable poll asserting that 71% of state residents thought Wisconsin Governor Scott Walker's budget proposal to cut the collective bargaining rights of most of the state's public sector workers was "fair.” Several news organizations, including MSNBC, cited the poll, even though other polls conducted at the same time showed vastly different results.xxxv

NH Watchdog Scorns Journalistic Principles: ‘There is no license required to practice journalism’
In New Hampshire, Watchdog Editor Grant Bosse has publicly complained about being denied press credentials, particularly to access the floor of the New Hampshire Senate and House.xxxvi Instead of ‘news article’ submissions, the NH Watchdog has relied primarily on disseminating its right wing perspective through the NewHampshireWatchdog.org blog itself, and through the weekly columns Arlinghaus and Bosse write for the Union Leader and Concord Monitor, respectively. Bosse himself is a true believer in the Franklin Center’s model of actively replacing balanced reporting with right-wing news feeds. In opinion pieces and elsewhere, he has voiced strong contempt for the field of journalism and its ethical standards regarding potential conflicts of interest. Bosse explained his view of journalism in a post for members of his sister organization, the Montana Watchdog (emphasis added):

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Bad Bartlett: The Josiah Bartlett Center and NH Watchdog Answer the Call of the Koch Brothers

“There is no license required to practice journalism. People don’t trust politicians, or the press corps that cover them. So they’re going to other sources to find the information they need. These days, credibility is more important than credentials, and the people you trust most are the people you know. Our constitutional protections for freedom of speech and freedom of the press are both contained in the First Amendment because they are essentially the same thing. Journalism is an activity, not a club. If you are reporting news, then you are a reporter, and employment at a newspaper or membership in a trade association grants you no more rights than every other American citizen. … The Franklin Center for Government and Public Integrity is not only riding this wave, but helping aspiring journalists get better at their craft. The Franklin Center s Citizen Watchdog Project provides training and support for real reporters, who happen to do something else for a living. The training seminars being held across the country this summer will teach the techniques and standards that [the Juan] Williams professional class of journalists too often fail to uphold.”
- Montana Watchdog. “Read this column, then sign up for our July 14 Citizen Watchdog event” 6.21.12xxxvii

NH Watchdog’s Brand of Ethics: Is He a Reporter, Lobbyist, or Political Hack?
The New Hampshire Watchdog’s belittling view of the professional field and standards of journalism is further evident in the way editor Grant Bosse behaves in his own ‘reporting’. The following is a summary of descriptions and activities that would raise an eyebrow on even the loosest interpretation of journalistic standards:  Bosse is the acting editor for the NH Watchdog, which he describes as an “independent news site, dedicated to New Hampshire public policy news, research, and analysis.”xxxviii The NH Watchdog is the state affiliate of the Franklin Center, and the media arm of the Josiah Bartlett Center. Both organizations are tied to right-wing funders and seek to advance a specific policy agenda.xxxix Bosse has additionally held other and overlapping titles while on staff at the Josiah Bartlett Center, sometimes listed as “Vice President for Media”, “Senior Fellow”, or “Lead Investigator”. The Bartlett Center website states that Bosse maintains the NH Watchdog on behalf of the Josiah Bartlett Center.xl During a single state legislative session, Bosse alternately ‘reported’ on the legislature for NH Watchdog and in his weekly column in the Concord Monitor, produced think tank policy reports on legislation under consideration, testified in front of legislative committees (both as an ‘expert’ and as a ‘reporter’), and continued to maintain that both he and the NH Watchdog are ‘independent’.
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Bad Bartlett: The Josiah Bartlett Center and NH Watchdog Answer the Call of the Koch Brothers

Considering these overlapping activities, Bosse’s complaints about being denied press credentials fall even flatter. Ironically, the NH Watchdog website contains an entire page listing Franklin Center copyright and legal disclaimers, including a reference to “Guarantee of Journalistic Integrity” in which it is asserts that the Franklin Center and its affiliates adhere to the Society of Professional Journalism’s Code of Ethics. xli A major portion of the SPJ’s ethical code, however, includes an emphasis on being independent in one’s reporting: “Journalists should be free of obligation to any interest other than the public’s right to know.” These include avoiding conflicts of interest; remaining free of associations and activities that may compromise integrity or damage credibility; shunning secondary employment, political involvement, public office and service in community organizations if they compromise journalistic integrity; and disclosing unavoidable conflicts, among others.xlii

NH Watchdog’s “Real Reporter” Actively Hides Its Deep Ties to Conservative Funders and Political Networks, Refuses to Disclose Connections to Readers
During the 2013 state legislative cycle, Granite State Progress launched an ambitious campaign to expose every ALEC model bill that was introduced in the New Hampshire legislature. ALEC, as a reminder, lets corporate special interests sit side by side with state legislators and draft bills that benefit their own bottom line – often at the expense of everyday Granite Staters. The goal of the campaign by Granite State Progress was to ensure that state legislators knew about hidden corporate sponsors of ALEC model bills so that they had a clearer picture of who would stand to win – and lose – should the legislation pass. The Josiah Bartlett Center, NH Watchdog, and their national counterparts are close allies of ALEC and share a similar legislative campaign agenda. The Granite State Progress campaign thus rattled the cage of the right-wing network and needed a response – preferably from an entity other than ALEC directly. On Sunday, March 17, Grant Bosse titled his weekly Concord Monitor column “Obsession with the Koch brothers clouds the left.”xliii “If you want to drive liberal activists nuts, mention the Koch brothers. If you want to really make their heads explode, say something nice about the Kochs …”
Concord Monitor profile picture

The column started by painting a rosy picture of billionaire brothers David and Charlie Koch as philanthropists who spend just as much time supporting “cancer research, The Metropolitan Museum of Art and the New York City Ballet” as underwriting right -wing movements. It then moved quickly to the point: defending ALEC. “In New Hampshire, a group called Granite State Progress is currently obsessed with the American Legislative Exchange Council, or ALEC. ALEC invites members of state legislatures to go to conferences, eat hotel food, sit through PowerPoints, and

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Bad Bartlett: The Josiah Bartlett Center and NH Watchdog Answer the Call of the Koch Brothers

share legislative ideas …. But the theory that the Koch brothers and evil corporations are using ALEC to take over the New Hampshire General Court is laughable. ” Bosse’s assertions about ALEC simply being a breeding ground for legislative ideas rather than the corporate bill mill that it is, aside – the real shocker comes in Bosse’s last lines (emphasis added): “Of course, I could be so wrapped up the Kochs’ web that I don’t even know it. I asked Charlie Arlinghaus, president of the Josiah Bartlett Center – where I worked for the past four years and where I’m currently helping research New Hampshire budget issues – if he was part of the vast, secret Koch Empire. “They don’t give us money, but I wish they would,” Arlinghaus responded.”xliv As documented elsewhere in this report already, Koch funding does, indeed, pay a portion of the salary of both Charlie Arlinghaus and Grant Bosse. For Granite State Progress, however, Bosse’s attempt to provide cover for ALEC was the more illuminating aspect of the op-ed. As Granite State Progress wrote in its response piece in the Concord Monitor:xlv “When Granite State Progress first started talking about the Koch brothers and ALEC, we expected to get push back from Koch’s lead group, AFP. Instead, we were surprised to see the Josiah Bartlett Center rush to their defense. It didn’t take long to figure out why: The Josiah Bartlett Center is part of the conservative State Policy Network, which is funded by Charles and David Koch via the “Donor’s Capital Fund.” Financial filings show that the Bartlett Center also received direct funding from a Koch-run foundation – despite President Charlie Arlinghaus and Bosse’s assertions that it did not.” The NH Watchdog’s Grant Bosse – in coordination with his boss Charlie Arlinghaus from the Josiah Bartlett Center – had once again attempted to use their organizations to discredit critics of ALEC and the Koch brothers; not because they are the independent, neutral third party they told readers and members of the media they are, but because the criticism actually touched on their own funding streams and conservative networks. Granite State Progress did not even have to provide the offered documentation to the Concord Monitor regarding the connections between the Josiah Bartlett Center, NH Watchdog, ALEC, and the Koch brothers. Upon request, Arlinghaus immediately confirmed to the Monitor that his organization receives Koch funding – just three days after he and Bosse put in a newspaper column that they do not.xlvi It is likely that Bosse and Arlinghaus had simply not expected anyone to challenge them on the false assertion. Copies of both opinion pieces can be found at the conclusion of this report.

Current Staffing, Structure of Josiah Bartlett Center and NH Watchdog
The Josiah Bartlett Center currently lists President Charlie Arlinghaus and a Policy Analyst and Transparency Director on its main staff directory. In other references, Grant Bosse is listed as a Senior Fellow and the editor of the NH Watchdog, which appears to be a scale back from his promotion to Vice President for Media for the Josiah Bartlett Center in July

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Bad Bartlett: The Josiah Bartlett Center and NH Watchdog Answer the Call of the Koch Brothers

2012.”xlvii No reference to the State Policy Network is readily available on the organization’s website.xlviii The Bartlett Center website clearly states that NH Watchdog is an arm of the Center, and provides numerous links and features between the sites.xlix Additionally, the NH Watchdog carries a legal disclaimer noting that all content is the property of the Franklin Center. l Still, Grant Bosse continues to insist that the NH Watchdog is an “independent newssite” li and only recently – amid the dueling Monitor columns with Granite State Progress – even informed Concord Monitor readers that he is employed by the Josiah Bartlett Center.lii

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Bad Bartlett: The Josiah Bartlett Center and NH Watchdog Answer the Call of the Koch Brothers

Special Glance: Grant Bosse and NH Watchdog’s “Independent” Columns
In the three columns the “independent” Bosse and NH Watchdog wrote for the Concord Monitor in September – “ObamaCare façade continues to crumble” on September 9th, “Wanted: grown-ups in N.H. politics” on September 23rd, and “Finding common ground on education” on September 30th – Bosse uses all three opportunities to advocate for policy positions of the Josiah Bartlett Center and/or State Policy Network, and in all uses references from a Josiah Bartlett Center and/or Franklin Center sister organization to buffer the credibility of his argument without disclosing the conflict of interest to readers. Column Title/Date Network Citation Used without Full Disclosure Avik Roy, Senior Fellow for The Manhattan Institute – New York associate affiliate of State Policy Network Additional Advocacy & Political Conflicts Cites Roy’s dire predictions on Obamacare, but avoids sharing with readers that Roy anticipates New Hampshire’s health insurance premiums will decrease under the law

Concord Monitor, Bosse: “ObamaCare façade continues to crumble” on September 9th

Concord Monitor, Bosse: “Wanted: grown-ups in N.H. politics” on September 23rd Concord Monitor, Bosse: “Finding common ground on education” on September 30th

The Manhattan Institute – New York associate affiliate of State Policy Network The Pioneer Institute – Massachusetts affiliate of both State Policy Network and Franklin Center

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It is unclear which of these issue areas Bosse receives a paycheck from the Josiah Bartlett Center to work on. As an affiliate of the Bartlett Center, Bosse’s very influenced opinion promotes a particular agenda. It would be hard to imagine Granite State Progress or any other registered non-profit keeping a straight face while labeling opinion pieces as from “an independent news site focusing on New Hampshire public policy.”
liii

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Bad Bartlett: The Josiah Bartlett Center and NH Watchdog Answer the Call of the Koch Brothers

Josiah Bartlett Center & NH Watchdog Connections to the Broader RightWing Network
The Josiah Bartlett Center and NH Watchdog’s ties to the broader right-wing network are an important part of understanding how they adopt, advocate for, and move their legislative agenda. The following section details the connections between these organizations before delving into the specific ways they have coordinated to advance right-wing policies in New Hampshire. Conservative Group/Figure (ALEC-affiliated in bold)   American Legislative Exchange Council (ALEC)   Heritage Foundation Americans for Prosperity     Koch Brothers

Connection In December 2011, the Josiah Bartlett Center and ALEC gave coordinated back-to-back presentations on New Hampshire’s economy to state legislators.liv In February 2012, the two organizations teamed up again to cohost a presentation on “the impact of Obamacare in New Hampshire” where Bartlett Center President Charlie Arlinghaus and then ALEC Health Care Task Force Director Christie Herrera were featured presenters.lv Since its founding, Josiah Bartlett Center has supported numerous ALEC initiatives. The Josiah Bartlett Center is a member of the State Policy Network, an ALEC sponsor. Founding inspiration for Josiah Bartlett Center was a Heritage Foundation event at which the speaker encouraged people “to get out of DC and head back their states.”lvi Partnered with the Heritage Foundation and Americans for Prosperity in 2011 to host an event, “Issues that Matter to Conservative Voters.” lvii The Josiah Bartlett Center participates in the Charles G. Koch Summer Fellowship Program, through which it can receive funding for summer interns.lviii Between 2008 and 2010, JBC received $425,364 from the Kochfunded Donors Capital Fund, which represented anywhere from 39-70% of the center’s income for those years. JBC also received thousands from the Kochs’ Claude R. Lambe Foundation. Meanwhile, JBC has supported policy proposals that would directly benefit the Koch brothers’ political and corporate interests, including opposing pollution regulations and calling for lower corporate taxes. The Franklin Center lists the New Hampshire Watchdog as its NH affiliate.lix The New Hampshire Watchdog is run by the Josiah Bartlett Center.lx In 2012, the Republican Governors Association cited Josiah Bartlett Center researchlxi in a TV adlxii against then-gubernatorial

 Franklin Center Republican Governors 

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Bad Bartlett: The Josiah Bartlett Center and NH Watchdog Answer the Call of the Koch Brothers

Conservative Group/Figure (ALEC-affiliated in bold) Association (RGA) 

Connection candidate Maggie Hassan on taxes. Hassan went on to win the election. Grant Bosse, Josiah Bartlett’s lead investigator, previously worked for the NH House Majority Office and served as the Press Secretary and Political Director for the Benson for Governor Campaign. Bosse also served on former Senator John E. Sununu’s staff (2003 – 2009).lxiii Charlie Arlinghaus is the former executive director of the NH Republican State Committee.lxiv Former Governor John H. Sununu sits on Josiah Bartlett’s Board. Sununu is also a recent former executive director of the NH Republican State Committee.lxv

Republican Political Connections

 

Additionally, the national arms of the Josiah Bartlett Center (State Policy Network) and NH Watchdog (Franklin Center) have incredibly strong ties to these same networks:  Ties to the American Legislative Exchange Council: Not surprisingly, the Franklin Center has several connections to the American Legislative Exchange Council (ALEC), the controversial policy organization where state legislators and corporations come together to write laws behind closed doors that favor the special interests: o The Franklin Center was listed as a “Vice-Chairman” level sponsor of ALEC’s 2011 annual conference in New Orleans, a sponsorship that equated to $25,000 in 2010.lxvi o Franklin Center board member Blair Thoreson, a Republican member of the North Dakota House of Representatives, is the Public Sector Chair of ALEC’s Communications and Technology task force.lxvii o Media Matters reported in the days after ALEC eliminated their Public Safety and Elections task force, after backlash and public criticism of the task force’s Voter ID and Stand Your Ground model bills, several Franklin Center staffers and board members wrote opinion pieces supporting ALEC, including from Vice President of Journalism Steven Greenhut who targeted what he called “overheated criticisms” and “intimidation tactics” from “leftists.”lxviii  Ties to the Koch Brothers: The Center for Media & Democracy reports the following connections between the Franklin Center and the Koch Brothers:lxix o Matt Hauck, the Franklin Center’s Director of Donor Relations, is a former Associate at the Charles G. Koch Charitable Foundation.lxx o Rudie Martinson, a member of the Franklin Center’s board of directors and its secretary, previously worked as the assistant state director for North Dakota's chapter of Koch's Americans for Prosperity.lxxi

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Bad Bartlett: The Josiah Bartlett Center and NH Watchdog Answer the Call of the Koch Brothers

o Erik Telford, the Franklin Center's vice president of strategic initiatives and outreach, previously served as director of marketing and online strategy for Americans for Prosperity.lxxii o Mary Ellen Beatty, Franklin Center director of citizen outreach, oversaw communications for Americans for Prosperity's 32 state chapters.lxxiii o Alicia Barnaby, Coalitions Coordinator, was previously Americans for Prosperity's Development Associate for Corporate Relations. lxxiv  Ties to the Republican Party & Republican Candidates: Several Franklin Center staff members have previously worked on Republican campaigns and for the Republican Party, including: o Jason Stverak, president of the Franklin Center, who was previously the North Dakota executive director for the Rudy Giuliani Presidential Committee and served as executive director of the North Dakota Republican Party for six years.lxxv o Maggie Turber, a lead contributor for the Franklin Center’s Ohio affiliate, is a former Republican Lucas County Commissioner. Thurber was among four Republicans convicted in 2006 on misdemeanor charges for illegally funneling money from a prominent coin dealer to the 2004 George W. Bush campaign.lxxvi o The Franklin Center’s affiliate in Nebraska, the Nebraska Watchdog, states it is “affiliated and funded” by Peter Ricketts, the 2006 Republican candidate for U.S. Senate and founder of several Nebraska-based conservative organizations.lxxvii o The Franklin Center was one of the co-sponsors of the 2012 Western Republican primary debate, along with other conservative organizations such as GOProud.com, Citizens United, the Tea Party.net, and Americans for Prosperity.lxxviii  Co-Sponsor of CPAC: In 2012, the Franklin Center was listed as a co-sponsor of the 2012 Conservative Political Action Conference, which would mean that the Franklin Center contributed at least $5,000 to the right-wing event.lxxix Ties to the Tea Party: The Franklin Center has direct connections to the Tea Party through their new media director, Tabitha Hale. lxxx Hale has worked as a Tea Party advocate and traveled with the Tea Party Express, in addition to writing for Tea Party and conservative organizations including FreedomWorks, RedState.com, and Human Events. Ties to the Heritage Foundation: In 2012, the Franklin Center teamed up with the conservative Heritage Foundation to co-sponsor awards in the name of the late Andrew Breitbart, a staunch right-wing commentator who was often criticized for slanted or inaccurate reporting.lxxxi

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Bad Bartlett: The Josiah Bartlett Center and NH Watchdog Answer the Call of the Koch Brothers

Josiah Bartlett Center, NH Watchdog, and Allies Promote Same National Right-Wing Agenda
Within this right-wing network, each organization plays a critical and particular role in a state, and the Josiah Bartlett Center and NH Watchdog are no different. Legislative or political coalitions, where like-minded organizations come together to work, are not uncommon. The disturbing part about how this right-wing network operates is that they are all essentially paid by – and lobbying for – the same few special interests. More often than not, legislators and the public lack information about who the man behind the curtain, or legislation, really is. Granite State Progress explained how this works in a Concord Monitor op-ed, using the Regional Greenhouse Gas Initiative as an example of how the set-up allows corporate special interests to have multiple ‘voices’ on a policy issue.

“ … ALEC task forces give an equal vote to corporate lobbyists and other special interest groups peddling legislation that benefits the bottom line of some of the biggest corporations in the world – often at the expense of everyday Granite Staters … The next steps in process go something like this: After Koch Industries, a longstanding member and corporate funder of ALEC, influences legislation introduced in a state, Koch’s other branches get to work. Groups like AFP launch “grassroots” campaigns to advance the legislative agenda, providing a front group to disguise the wealthy corporate interests who are pulling the strings. Take for example the Regional Greenhouse Gas Initiative, a multi-state cap and trade program. Koch – which has plants in the Northeast – releases an estimated 300 million tons of carbon dioxide pollution each year and has supported efforts to prevent the regulation of carbon emissions. ALEC model legislation to repeal RGGI has been introduced repeatedly in the New Hampshire State House. Each time, the Koch-funded AFP shows up to lobby in support of repeal, buffered at times by paid robocalls, mailers and radio ads. Each time, the Josiah Bartlett Center issues reports and messages claiming RGGI is supposedly wrong for the state.” – Concord Monitor, My Turn: In fact, ALEC’s influence isn’t benign, March 22, 2013

Granite State Progress could have added as well that each time, the NH Watchdog chips away at RGGI through its opinion column and blog, as it did in the Concord Monitor column “Changes in Greenhouse Gas program are all about money” that ran on February 19, 2013 – exactly one week before a legislative hearing on the program.lxxxii

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Bad Bartlett: The Josiah Bartlett Center and NH Watchdog Answer the Call of the Koch Brothers

The Senior Fellow/Reporter/Lobbyist
The RGGI debate provides one of the more interesting examples of the Koch network in action and the hypocrisy of the Josiah Bartlett Center and NH Watchdog. Of all the right-wing legislative items that the Koch empire could care about, rejecting the responsible curbing of carbon emissions could be one of the highest priorities. Sustainability efforts of this nature directly impact Koch Industries’ ability to pollute the environment and wreak unmitigated havoc on local communities. The New Hampshire chapter of Koch’s lead organization, Americans for Prosperity, dumps significant organizing time and resources into the fight to repeal RGGI – challenging even their anger-fueled anti-Obamacare activities.lxxxiii Perhaps it was under this pressure that Josiah Bartlett Center and NH Watchdog took an unprecedented step recently to try to add to the credibility of the meager line-up of opponents during a RGGI legislative hearing at the New Hampshire State House. On February 26, 2013, NH Watchdog editor Grant Bosse stepped forward to testify on a bill related to RGGI as a “reporter” who has “covered” the program but is speaking on his own behalf.
“Mr. Chairman, members of the committee, thank you for taking the time to hear from me today. My name is Grant Bosse, I’m here on behalf of myself as a reporter who’s covered the RGGI program, tracking RGGI options and RGGI revenues since New Hampshire’s first RGGI auction in December 2008.” – NH House Science, Technology & Energy Committee, February 26, 2013 lxxxiv

(Note: This is the legislative hearing that took place one week after Bosse’s Monitor opinion column that carried the right-wing talking point that “RGGI was never designed to actually do anything about climate change. It was designed as a model for national cap-and-trade legislation, and as a revenue stream for green energy lobby.” lxxxv) Bosse went on to testify against key elements of how the RGGI program operates, using his credibility as a “reporter” to say that the agency responsible for a portion of the program has generated “many, many questionable decisions and a very flawed and accountable practice for handing out RGGI revenues.”lxxxvi At no point did he disclose that he has been paid to author several Josiah Bartlett Center advocacy briefs in opposition to RGGI; he also conveniently skips over the fact that few people would qualify a senior fellow paid by a think tank to write biased blog posts for them as a “reporter”.

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Bad Bartlett: The Josiah Bartlett Center and NH Watchdog Answer the Call of the Koch Brothers

Providing the Front of ‘Home-Grown Legislation’
Providing misleading information to legislators is a frequent tactic of the Josiah Bartlett Center and NH Watchdog. The real origins of the school voucher – or “education tax credit” – law provides another salient example of this behavior. During the 2011-2012 legislative session, while under the control of super-conservative super-majorities in both the House and Senate, New Hampshire passed first a study committee on how to divert taxpayer dollars to private and religious schools and then implemented legislation drafted through the committee process. The prime sponsor of the ultimate law was Senator Jim Forsyth, a Republican member of the study committee. Senator Forsyth stated during the study committee that he intended to work closely with Adam Schaeffer of the right-wing Cato Institute and former New Hampshire State Representative Jason Bedrick throughout the committee process. lxxxvii Flash forward to the 2013 legislative session and testimony on a proposed repeal bill. Granite State Progress and others testified that the underlying legislation for school vouchers was being distributed by the American Legislative Exchange Council, and was part of a broader attempt to privatize public education state by state. In response, Josiah Bartlett Center President Charlie Arlinghaus dedicated part of his testimony time to attempting to discredit this accusation, telling policymakers that the school voucher legislation was actually his own idea, and blatantly poking fun at those who raised concerns that it was a rubberstamp agenda item being implemented in states across the country with the aid of ALEC. From a Granite State Progress video of Arlinghaus’ testimony:
“Somebody said the conception of this bill was conceived by a group in California, whose evil and scumbags and all that kind-of thing. I think that’s not true. I don’t know anyone from California but I thought the bill was conceived by my group, so I’m disappointed to hear that. We’ve been working on this for ten years. We actually published a paper more than a year ago called, controversial, “Choosing to Learn” which is on our website. I know that the guys who drafted the bill looked at that paper and what they did – it looked like it took a lot out of that and so—Maybe they also got stuff from California, but I used to think it was me so disappointed about that. (Chuckle) So this is a home-grown thing, is, is my big point there.” – Charlie Arlinghaus, Josiah Bartlett Center, Senate Education Committee, March 28, 2013 lxxxviii

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Bad Bartlett: The Josiah Bartlett Center and NH Watchdog Answer the Call of the Koch Brothers

Jump back to the 2011 study committee and 2012 legislative push. Here are the things that Arlinghaus did not mention when he testified to legislators that the school voucher bill before them was ‘homegrown’:  In 2007, an ALEC publication on school choice and state constitutions noted that Education Tax Credits would “be the best option for school choice” because a 1992 Advisory Opinion by the NH Supreme Court suggested that vouchers “would violate the Blaine amendment.”lxxxix In that same year, the Cato Institute issued a “Policy Analysis on Public Education Tax Credits” written by Adam Schaeffer, the same Cato Institute staffer that Senator Forsyth was relying on for support during the legislative study committee. In his acknowledgements Schaeffer wrote, “The general structure and much of the language for this model legislation was adapted from model legislation developed by the Education Task Force of the American Legislative Exchange Council. The author thanks ALEC and all who contributed to its model legislation for their work. A special thanks to those who reviewed drafts and provided invaluable feedback.”xc ALEC has called for school vouchers since at least 1983xci, and taking money out of public schools to give to private schools is promoted in the ALEC model Resolution Supporting Private Scholarship Tax Credits, The Family Education Tax Credit Program Act, and the Parental Choice Scholarship Program Act. ALEC has also supported giving tax breaks to corporations that help fund private schools in The Great Schools Tax Credit Program Act. The Josiah Bartlett Center report that Arlinghaus mentioned in his testimony was issued in March 2012 – four months after the study committee had submitted its final report and at least two months after the school voucher legislation had already been submitted in the New Hampshire House and Senate. The Josiah Bartlett Center report was authored by none other than former NH State Representative Jason Bedrick, another one of the individuals that Senator Forysth had sought to rely on during the study committee. By the time of the report, Bedrick was listed as a “Research Fellow” for the Bartlett Center. The Bartlett Center report cites heavily from The Friedman Foundation for Educational Choice, also listed as edchoice.org, as well as Bartlett Center sister organizations. Milton Friedman, for whom the cited foundation is named, is quoted as saying: "Vouchers are not an end in themselves; they are a means to make a transition from a government to a free-market system."xcii Cato Institute’s Schaeffer further elaborated on this in a September 2011 blog titled: “Yes, the Department of Education Is Unconstitutional.”xciii

 

Homegrown? Hardly. Innocent? Not by a long shot.

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Bad Bartlett: The Josiah Bartlett Center and NH Watchdog Answer the Call of the Koch Brothers

The Lobbying Run-Around
The testimony run-around of NH Watchdog’s Bosse and the purposeful misdirection of Bartlett Center’s Arlinghaus are only two of the numerous and incredible examples of how the organizations disrespect the state’s lobbying rules and ethical standards. Both Josiah Bartlett Center and NH Watchdog skirt New Hampshire state lobbying requirements in general. Neither organization has registered lobbyists since at least 2011 – the farthest year back the New Hampshire legislature lists lobbyist filings online.xciv According to New Hampshire law, lobbyists are required to register with the state if the lobbyist or lobby firm is employed: (a) To promote or oppose, directly or indirectly, any legislation pending or proposed before the general court, or; (b) To promote or oppose, directly or indirectly, any action by the governor, governor and council, or any state agency…where such action concerns legislation or contracts pending or proposed before the general court, any pending or proposed administrative rule, or the procurement of goods or services that are being or may be purchased by the state.xcv Exceptions are made for individuals solely providing public testimony before a legislative committee or subcommittee; a very small part of the overall activities of the Josiah Bartlett Center and NH Watchdog staff. Communication made in a speech, article, publication, or other material that is distributed and made available to the public, or through radio, television, cable television, the Internet, or other medium of mass communication is also exempted – which disqualifies any potential criticism of the Bartlett Center and Watchdog’s public or member communications activities. In terms of who must register, the Bartlett Center and Watchdog staff appear to fit the bill. New Hampshire Chapter 15 Statute: Those gainfully employed by another, except the state of N.H., in a representative capacity to attempt to influence legislation.xcvi Unless, of course, the NH Watchdog is trying to use lobbyist registration exemption (e) – Communication made by a representative of a media organization if the purpose of the communication is gathering or disseminating news and information to the public. (Bosse’s self-serving RGGI testimony is unlikely to qualify.)

I’m Not a Lobbyist, I’m a “Policy Expert”
The decision by the Josiah Bartlett Center and NH Watchdog to not file as lobbyists is a common approach across its sister organizations, and makes sense from a financial and public perception standpoint. Like ALEC, the State Policy Network and affiliates like the Josiah Bartlett Center seek to change laws, but report little or no lobbying. That means that corporations and individuals –

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Bad Bartlett: The Josiah Bartlett Center and NH Watchdog Answer the Call of the Koch Brothers

like Koch Industries and others – that fund their operations can get a tax write-off for funding these efforts. It also means that the organizations can maintain a public perception of being an independent, neutral third-party or ‘policy expert’ without admitting that it has a vested interest in the outcome of a given policy debate. The reality is far different. The Josiah Bartlett Center actively drafts legislation. It lobbies legislators. It testifies in committee hearings. It hosts legislative briefings on its policy priorities – right before bills of the same nature are introduced. It uses newspaper opinion pieces, radio interviews, and invites to local political gatherings to advance a policy agenda. But its leaders don’t want to acknowledge to the public and press that they are lobbying for changes to our laws; instead they want to have all of the influence without any of the disclosure about their role in the process.

“Policy Expert” Gets a Bit Close to “Political Hack”
The Josiah Bartlett Center and NH Watchdog don’t leave politics at the door when they look for ways to advance their legislative agenda, and neither do their sister organizations. According to the Center for Media and Democracy, Wisconsin's State Policy Network affiliate the MacIver Institute “engaged in activity that looked an awful like electoral politicking” in the months immediately before the June 2012 Wisconsin gubernatorial recall election, including activities such as an “intensive TV ad campaign” defending Gov. Scott Walker's budget.xcvii The Josiah Bartlett Center and NH Watchdog haven’t had the funding to do TV ads in New Hampshire in a similar fashion, but they’ve managed to get some electoral politicking in all the same. In October 2012, New Hampshire voters seemed divided over whether gubernatorial candidate Maggie Hassan, a Democrat, had balanced the budget as her campaign and supporters said – or whether Republican candidate Ovide Lamontange was justified in his claims that her leadership had actually left a state deficit. In a time period in an election year when most 501(c)3 organizations – which are required to be strictly non-partisan or risk losing their non-profit tax status – refrain from any activity that might give even the appearance of impropriety of trying to influence the election, the Josiah Bartlett Center wrote an opinion piece for the Union Leader entitled, “How a Balanced Budget Created a Deficit.”xcviii The column served to partially validate claims made on the campaign trail.

Shaping New Hampshire’s Public Policy: Starring the Koch Cogs
Below is a chart showing the shared legislative and political agenda of Koch-funded branches American Legislative Exchange Council, Josiah Bartlett Center, NH Watchdog, and Americans for Prosperity, each playing a distinct role in shaping passage or defeat of that agenda:

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Bad Bartlett: The Josiah Bartlett Center and NH Watchdog Answer the Call of the Koch Brothers

ALEC ISSUE Corporate Sponsored Legislation ALEC’s public school privatization models include the “Parent Choice Scholarship Program ActUniversal Eligibility,”xcix the “Family Education Tax Credit Program,”c and the “Resolution Supporting Private Scholarship Tax Credits.”ci ALEC’s “Public Employees’ Portable Retirement Option (PRO) Act” is a move towards eliminating defined benefit pension plans for public employees, which currently protects

Josiah Bartlett Center Academic Validator JBC is a major supporter for education privatization in New Hampshire. The think tank has released several reportscii calling for school vouchers and in June 2012 the Union Leader identified JBC and its President Charles Arlinghaus as strong supporters of voucher expansion legislation.ciii

NH Watchdog Media Amplifier

AFP Astroturf & Political

Privatizing Public Education

Bosse supported a voucher program in NH in the March 2013 opinion column, “Indiana Supreme Court upholds School Choice Program,” where he applauds the Indiana Supreme Court for ruling the state’s voucher program constitutional.civ

In June 2013 AFP-NH released a statement condemning a Superior Court ruling that blocked education privatization.cv AFP, nationally and in other states, has a history of pushing education privatization.cvi

Destroying Public Pensions

JBC called for a defined contribution pension system in several reports, including in October 2011’s “Defined Contribution Models In Other States.”cix

Bosse calls for NH to switch to a defined contribution system in his July 2012 Concord Monitor column and NH Watchdog post, “Pension reform needed: Unfunded liability is a real problem”cx

In an August 2011 report, the AFP Foundation calls for public workers to be switched into a defined contribution pension plan.cxi

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Bad Bartlett: The Josiah Bartlett Center and NH Watchdog Answer the Call of the Koch Brothers

ALEC ISSUE Corporate Sponsored Legislation retirees.cvii ALEC’s latest model bill is the “DefinedContribution Pension Reform Act” released in August 2013.cviii ALEC’s “Guide to Repeal Obamacare” would repeal the Affordable Care Act, and recommends legislators reject Medicaid expansion.cxii ALEC’s “Freedom of Choice in Health Care Act” would prohibit the legislature from requiring individuals to purchase health insurance pursuant to federal health

Josiah Bartlett Center Academic Validator

NH Watchdog Media Amplifier

AFP Astroturf & Political

JBC has released several reports against the Affordable Care Act/ Obamacare and has also opposed expanding Medicaid in New Hampshire under the law.cxvi In a February Union Leader op-ed, JBC President Charlie Arlinghaus championed a bill put forth by Representative Rep. Andrew Manuse that would prohibit the state from setting up a healthcare exchange as mandated under the Affordable

Blocking Access to Affordable Healthcare

Bosse has been critical of the Affordable Care Act and Medicaid expansion in his posts on NH Watchdog, specifically in July 2013’s “Medicaid Questions: Summer School begins for legislators”cxix and November 2012’s “Medicaid will be at the center of next year’s budget debate”cxx

AFP-NH has been a major force in the state trying to block the implementation of the Affordable Care Act and Medicaid expansion, releasing several reportscxxiand using social media cxxiito demonize healthcare reform. In the summer of 2013 – in advance of the launch of health care Marketplaces, a keystone of the ACA – AFP-NH went so far as to wrongly tell young adults that they could

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Bad Bartlett: The Josiah Bartlett Center and NH Watchdog Answer the Call of the Koch Brothers

ALEC ISSUE Corporate Sponsored Legislation reform.cxiii A similarly intended New Hampshire effort was introduced as HB 619 in 2011.cxiv ALEC’s “Health Care Compact” model legislation would allow participating states to join in a Health Care Compact, under which participating states request federal funds to set up their own, personally designed pilot health care programs.cxv ALEC’s “State Withdrawal from Regional Climate Initiatives”cxxiv would allow states to pull

Josiah Bartlett Center Academic Validator Care Act.cxvii In March 2012, Charlie Arlinghaus expressed support on the JBC’s blog for the passage of ALEC Health Care Compact model bill HB1560 in the House of Representatives.
cxviii

NH Watchdog Media Amplifier

AFP Astroturf & Political skip signing up for health coverage and just wait until they get sick to enroll.cxxiii

Opposing Renewable Energy

JBC claimed pollution protection programs that promote the use of renewable energy raises energy costs in one report by

The NH Watchdog has published several articles cxxix that are critical of renewable energy programs, including in 2012cxxx when the outlet posted poll

Much like JBC and ALEC, AFP-NH has continually opposed environmental protections, specifically on greenhouse

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Bad Bartlett: The Josiah Bartlett Center and NH Watchdog Answer the Call of the Koch Brothers

ALEC ISSUE Corporate Sponsored Legislation out of the Regional Greenhouse Gas Initiative or the Western Climate Initiative, cap-andtrade programs to cut greenhouse gases and carbondioxide emissions, and uses language that denies climate change. ALEC’s “Electricity Freedom Act” seeks to repeal renewable portfolio standards.

Josiah Bartlett Center Academic Validator Grant Bossecxxv and was critical of renewable energy in a 2009 report, cxxvi also written by Bosse. In February 2011, JBC issued a report: “RGGI in New Hampshire: The First Two Years” authored by Lead Investigative Reporter Grant Bosse.cxxvii Later that month a Heartland Institute newsletter quoted Bosse as stating that his organization’s two year study of RGGI “revealed many flaws.” Further in the article, Clint Woods, then director of the energy, environment, and agriculture task force of the American Legislative Exchange Council stated that “cap-and-

NH Watchdog Media Amplifier results it ran online which found 61% of participants wanted to repeal New Hampshire’s Renewable Portfolio Standard. Only 18 people participated in the poll. In September 2011, Bosse ‘reported’ on NH Watchdog that “Secondary market for RGGI credits crashes”.cxxxi In May 2012, Bosse used his Concord Monitor column to undermine Renewable Portfolio Standards in “Would you pay more for renewable power? (You already do.)”cxxxii and on February 19, 2013 similarly wrote “Changes in Greenhouse Gas program are all about money.””cxxxiii

AFP Astroturf & Political gases,cxxxv and renewable energy mandates.cxxxvi

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Bad Bartlett: The Josiah Bartlett Center and NH Watchdog Answer the Call of the Koch Brothers

ALEC ISSUE Corporate Sponsored Legislation

Josiah Bartlett Center Academic Validator trade programs, either at regional or national levels, ought to be abolished.”cxxviii

NH Watchdog Media Amplifier The latter Monitor piece ran one week before Bosse testified on a bill to repeal RGGI. Bosse introduced himself as a “reporter” who “covered” the issue but speaking but was speaking on his own behalf.cxxxiv

AFP Astroturf & Political

Attacking Labor Unions & Worker Rights

ALEC’s “Right to Work Act” is an attack on working families across the state as this bill takes away workers’ ability to negotiate fair contracts.
cxxxvii

ALEC’s “Employee Rights Reform Act” limits revenue streams for public employee unions and imposes new reporting burdens on

In July 2013, both JBC and the NH Watchdog posted Grant Bosse’s article attacking labor unions and collective bargaining rights of workers in New Hampshire. The opinion column originally ran in the Concord Monitor.cxl

[same]

AFP-NH endorsed recent efforts to make New Hampshire a so-called “Right to Work” state in January and February 2013cxli, following heavy involvement in the muchpublicized legislative fight the session prior.cxlii AFP-NH issued aggressive political attacks on both Democratic and Republican legislators who stood with workers during these legislative battles. AFP-

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Bad Bartlett: The Josiah Bartlett Center and NH Watchdog Answer the Call of the Koch Brothers

ALEC ISSUE Corporate Sponsored Legislation union activities.
cxxxviii

Josiah Bartlett Center Academic Validator

NH Watchdog Media Amplifier

AFP Astroturf & Political NH is believed to have dropped mail in one district accusing a legislator of being drunk on the jobcxliii and spent so heavily against one long-time Republican legislator in a primary that the 77-year old woman changed her Party affiliation after 56 years in the GOP.cxliv AFP nationally renewed their call against organized labor in June 2013 with the post: “Time to opt out of unions.”cxlv

ALEC’s “Paycheck Protection Act” is an attack on workers and attempts to make it difficult for unions to raise funds.cxxxix

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Bad Bartlett: The Josiah Bartlett Center and NH Watchdog Answer the Call of the Koch Brothers

Right-Wing Funders of the Josiah Bartlett Center & NH Watchdog
Due to its status as a 501(c)(3) nonprofit with the IRS, the Josiah Bartlett Center’s funding sources are largely unknown, although a few have been identified through other tax forms:cxlvi Donors Donors Capital Fund Jaquelin Hume Foundation Roe Foundation State Policy Network Claude R. Lambe Charitable Foundation Funding $545,364 $32,298 $153,500 $26,819 $3,500 Years 2007-2011 2001, 2003 1998-2011 2007-2009 2011

More detailed information about each of these funding sources and the grant totals to the Josiah Bartlett Center are found in the charts below – including the specific nature of the grants or contributions, where available. Since the NH Watchdog operates as an arm of the Josiah Bartlett Center, its financial operations are not reflected separately. Donors Capital Fund Donors Capital Fund, and its related group Donors Trust, is by far the largest known contributor of the Josiah Bartlett Center. Founded in 1999, this group is a major funder of State Policy Network think tanks and other national conservative organizations across the country. The Donors groups have received funding from the Koch brothers, and have been called the “dark money ATM” of the conservative movement by Mother Jones.cxlvii Funding from Donors Capital Fund to the Josiah Bartlett Center has represented a significant portion of the Center’s total revenue in recent years: cxlviii     2011: The grants from Donors Capital Fund to JBC made up over 36% of JBC’s total revenue for the year. 2008: The grants from Donors Capital Fund to JBC made up over 46% of JBC’s total revenue for the year. 2009: The grants from Donors Capital Fund to JBC made up over 70% of JBC’s total revenue for the year. 2010: The grants from Donors Capital Fund to JBC made up over 38% of JBC’s total revenue for the year.

Reminder: The Josiah Bartlett Center has released several reports and studies advocating for policies that would directly benefit the Koch brothers’ corporate interests, including lowering corporate taxes and opposing environmental safety and pollution regulations. At the same time, it has denied in the press on several occasions that it receives Koch funding.
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Bad Bartlett: The Josiah Bartlett Center and NH Watchdog Answer the Call of the Koch Brothers

Below shows Donors Capital Fund's itemized contributions to the Josiah Bartlett Center between 2009 and 2011. Donors has paid for Josiah Bartlett Center's direct mail programs, transparency project, and journalism project (likely the NH Watchdog).cxlix Donors Capital Fund Donors Capital Fund Donors Capital Fund Donors Capital Fund Donors Capital Fund Donors Capital Fund Donors Capital Fund Donors Capital Fund Donors Capital Fund Donors Capital Fund Donors Capital Fund Donors Capital Fund Donors Capital Fund Donors Capital Fund Donors Capital Fund TOTAL FROM DONORS CAPITAL FUND Roe Foundation The Roe Foundation is Josiah Bartlett Center’s second-largest known funder. The Roe Foundation was founded by Thomas A. Roe, who was also the founding chairman of both the State Policy Network and the South Carolina Policy Council. In addition to being founded by the founder of the State Policy Network (SPN), the Roe Foundation remains closely connected to SPN and other conservative organizations through its current board and staff. Other recipients of Roe Foundation funding include the Heritage Foundation, the American Legislative Exchange Council (ALEC), the State Policy Network, the Cato Institute, and numerous SPN think tanks.cl The Roe Foundation The Roe Foundation The Roe Foundation The Roe Foundation The Roe Foundation $15,000.00 $15,000.00 $15,000.00 $15,000.00 $10,000.00 2011 2010 2009 2008 2007 $20,000.00 $10,000.00 $25,000.00 $25,000.00 $10,000.00 $55,000.00 $3,600.00 $30,000.00 $10,000.00 $20,000.00 $20,000.00 $71,764.00 $100,000.00 $115,000.00 $30,000.00 $545,364.00 2011 2011 2011 2011 2011 2010 2010 2010 2009 2009 2009 2009 2009 2008 2007 For matching grant For matching grant For journalism program For journalism program For direct mail program For transparency projects For marketing software and microevents For direct mail efforts For transparency project For journalism project For journalism project For general operations and capacity building For transparency project UNKNOWN UNKNOWN

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Bad Bartlett: The Josiah Bartlett Center and NH Watchdog Answer the Call of the Koch Brothers

The Roe Foundation The Roe Foundation The Roe Foundation The Roe Foundation The Roe Foundation The Roe Foundation The Roe Foundation The Roe Foundation The Roe Foundation TOTAL FROM ROE FOUNDATION Jaquelin Hume Foundation

$10,000.00 $10,000.00 $10,000.00 $10,000.00 $10,000.00 $10,000.00 $10,000.00 $7,500.00 $6,000.00 $153,500.00

2006 2005 2004 2003 2002 2001 2000 1999 1998

The Jaquelin Hume Foundation is a California based conservative foundation that was founded in 1962 by its namesake, Jaquelin Hume.cli Hume was the owner of Basic Vegetable Products in King City, CA and was a major donor to Ronald Reagan's gubernatorial and presidential campaigns.clii Today, Hume’s children run the foundation. Other notable recipients of funding from the Jaquelin Hume Foundation include ALEC, the Cato Institute, the National Right to Work Legal Defense Foundation, Freedom Works, Americans for Prosperity, the State Policy Network, and numerous SPN think tanks.cliii Jaquelin Hume Foundation Jaquelin Hume Foundation TOTAL FROM HOME FOUNDATION State Policy Network The State Policy Network (SPN) was founded in 1992 by Thomas Roe (of the Roe Foundation and the South Carolina Policy Council).cliv SPN is an umbrella group for rightwing think tanks in all 50 states and was a “Chairman” level sponsor of the 2013 American Legislative Exchange Council (ALEC) Annual Conference.clv SPN has received funding from other right-wing groups including the Donors Capital Fund, Donors Trust, the Bradley Foundation, the Claude R. Lambe Charitable Foundation (a Koch foundation), the Castle Rock Foundation (the Coors family), the Jaquelin Hume Foundation, and the Roe Foundation.clvi SPN, in return, has given over $4 million in grants to its member think tanks, like the Josiah Bartlett Center, since 2002.clvii State Policy Network State Policy Network TOTAL FROM SPN $26,000.00 $819.22 $26,819.22 2009 2007 $22,298.00 $10,000.00 $32,298.00 2003 2001

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Bad Bartlett: The Josiah Bartlett Center and NH Watchdog Answer the Call of the Koch Brothers

Claude R. Lambe Charitable Foundation The Claude R. Lambe Charitable Foundation is one of the three main foundations associated with the Koch brothers, which are collectively known as the Koch Family Foundations.clviii Other right-wing organizations that have received funding from the Koch’s Lambe Foundation include ALEC, the Reason Foundation, Americans for Prosperity Foundation, the Tax Foundation, American Enterprise Institute, the Cato Institute, and numerous SPN think tanks.clix Claude R. Lambe Charitable Foundation TOTAL FROM LAMBE FOUNDATION

$3,500.00 $3,500.00

2011

Financial Snapshot: Despite Koch Funding, Josiah Bartlett Center Losing Money Despite the deep-pocked support of funders like the Koch brothers and others, in 2010 and 2011, JBC spent more than it received in revenue. In 2010, the center spent $241,723 while taking in only $228,770 (a deficit of $12,953). The pattern continued in 2011, as the center spent $301,301, while taking in only $247,808 (a deficit of $53,493). clx

Graph: Donors Trust Income and Grants

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Bad Bartlett: The Josiah Bartlett Center and NH Watchdog Answer the Call of the Koch Brothers

Conclusion
Conservative advocacy organizations have every right to organize and lobby on public policy as they see fit, but they shouldn’t be allowed to go unchecked when they purposely seek to mislead the public, press, and lawmakers about on whose behalf they are conducting those activities. Nor should they get a free pass when they try to ridicule or direct attention away from transparency and accountability efforts, particularly when doing so serves to protect their own role as part of the pipeline for the corporate corruption of our legislative process. The Josiah Bartlett Center and NH Watchdog are part of a highly orchestrated network funded primarily by a few major donors with particular legislative interests. While one would naturally assume that the staff members of the Josiah Bartlett Center and NH Watchdog ideologically support the policies they are advocating for, the fact is that they can afford to advocate for those policy positions partly through the lavish funding of the very corporate interests who would benefit from the passage or defeat of particular legislation or candidates – without disclosing those connections and, in fact, by actively trying to hide them. The Josiah Bartlett Center is not a neutral, third party academic – it is an advocacy group working to advance a narrow agenda. The NH Watchdog is not an “independent newssite” – it is the media arm of an advocacy group, funded by conservative donors, and connected to the national right-wing messaging machine. Its stated purpose is not to report, but to “drive the news.” This report does not suggest that the Josiah Bartlett Center and NH Watchdog should be banned from the state house, or scorned by reporters. Rather, the intent is to bring to public light the tangled network of corporate special interests who are trying to influence our public policy and elections – and to serve as a strong reminder that accountability and transparency are important stalwarts of both government and press. Allowing false credentials to buffer the arguments of bought and paid for advocates is a major disservice to both, and a marked discredit upon the integrity of those who would allow them to go unquestioned.

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Addendums Franklin Center State Affiliates
The Franklin Center currently has state affiliates in every state except Indiana, Kentucky, Georgia, Mississippi, Wyoming, South Dakota, New York, Vermont, Delaware, and Alaska. STATE Alabama Arizona Arkansas California Colorado Connecticut Florida Hawaii Idaho Illinois Iowa Kansas Louisiana Maine Maryland Massachusetts Michigan Minnesota Missouri Montana Nebraska Missouri Watchdog Montana Watchdog Nebraska Watchdog FRANKLIN CENTER AFFILIATE Alabama Policy Institute Goldwater Institute Advance Arkansas Institute CaliWatchdog Colorado Watchdog Colorado News Agency Yankee Institute Florida Watchdog James Madison Institute Hawaii Reporter Idaho Freedom Foundation Illinois Watchdog Iowa Watchdog Kansas Watchdog Kansas Reporter Pelican Institute Maine Heritage Policy Center Maryland Public Policy Institute Maryland Reporter Pioneer Institute Michigan Capitol Confidential Minnesota State News Missouri News Horizon AFFILIATED THINK TANK Alabama Policy Institute Goldwater Institute Advance Arkansas Institute Pacific Research Institute Independence Institute Yankee Institute James Madison Institute Idaho Freedom Foundation

Kansas Policy Institute* Pelican Institute Maine Heritage Policy Center Maryland Public Policy Institute Pioneer Institute Mackinac Center Freedom Foundation of MN President is also the founder of the Show-Me Institute Montana Policy Institute* Nebraska Watchdog’s website claims it is funded by Peter Ricketts, the president & founder of the Platte Institute Nevada Policy Research Institute Josiah Bartlett Center Rio Grande Foundation John Locke Foundation John W. Pope Civitas Institute

Nevada Policy Research Institute Nevada New Hampshire New Jersey New Mexico North Carolina Nevada News Bureau New Hampshire Watchdog New Jersey Watchdog Rio Grande Foundation/New Mexico Watchdog John Locke Foundation John W. Pope Civitas Institute

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North Dakota Ohio Oklahoma Oregon Pennsylvania Rhode Island South Carolina Tennessee Texas Utah Virginia Washington West Virginia Wisconsin

Say Anything Ohio Watchdog Oklahoma Watchdog Capitol Beat OK Oregon Watchdog Pennsylvania Independent Rhode Island Institute for Freedom and Prosperity South Carolina Policy Council Beacon Center of Tennessee TN Report Texas Watchdog Texas Public Policy Foundation Sutherland Institute Watchdog Virginia Bureau Freedom Foundation Public Policy Foundation of WV/West Virginia Watchdog Wisconsin Reporter MacIver Institute

Oklahoma Council of Public Affairs

Rhode Island Institute for Freedom and Prosperity South Carolina Policy Council Beacon Center of Tennessee

Texas Public Policy Foundation Sutherland Institute Freedom Foundation Public Policy Foundation of WV

MacIver Institute

Franklin Center: In Your State, accessed October 16, 2012

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Bad Bartlett: The Josiah Bartlett Center and NH Watchdog Answer the Call of the Koch Brothers

Sunday, March 17, 2013

Grant Bosse: Obsession with the Koch brothers clouds the left
By GRANT BOSSE Monitor columnist If you want to drive liberal activists nuts, mention the Koch brothers. If you want to really make their heads explode, say something nice about the Kochs. David and Charles Koch own Koch Industries, the second largest privately-held company in the United States after Cargill, according to Forbes. The sprawling conglomerate grew out of the oil business but now runs companies doing everything from ranching and paper mills to finance and venture capital. Koch Industries employs 70,000 people in 60 countries. David and Charlie Koch are also the most active and influential libertarians in the country. David Koch was the Libertarian candidate for vice president in 1980, but the brothers have since avoided party politics and concentrated on nurturing libertarian ideas. Charlie Koch helped found the Cato Institute, and the brothers are major donors for free-market think tanks across the country. The Koch Family Foundation also supports cancer research, The Metropolitan Museum of Art and the New York City Ballet. Those monsters! Somehow the modern left has drawn itself deeper and deeper into a conspiracy theory that the Koch brothers are secretly controlling the entire Republican Party in an effort to bring about some sort of anarchist utopia. This despite thousands of articles about the Koch brothers’ political activities and copious evidence that the Republican Party isn’t that serious about sticking to the principles of limited government. It’s the least effective, most well-publicized secret plan you’ve ever seen. Liberals don’t seem to have a problem with the billionaires who give them money. They aren’t worried about George Soros corrupting democracy. And they certainly don’t turn down grants from the Tides Foundation, the juggernaut behind every left-wing cause since the 1960s. Washington Examiner Executive Editor Mark Tapscott found that despite handing out nearly six times as much money as the Koch brothers, Tides has gotten just a fraction of the

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Bad Bartlett: The Josiah Bartlett Center and NH Watchdog Answer the Call of the Koch Brothers

coverage from the New York Times, Washington Post and Common Cause. Surfing through the dozens of websites obsessed with the Koch brothers is a deep dive down the rabbit hole. You see, the incredibly well-known facts that the Koch brothers support places like the Heritage Foundation and Americans for Prosperity isn’t enough. They don’t believe that the Kochs just want lower taxes, smaller government and broader personal freedoms. They insist it’s all part of a plot to get rid of government, make more money or somehow punish poor people. In New Hampshire, a group called Granite State Progress is currently obsessed with the American Legislative Exchange Council, or ALEC. ALEC invites members of state legislatures to go to conferences, eat hotel food, sit through PowerPoints, and share legislative ideas. They also publish model legislation based on successful bills. If the 50 states are laboratories of democracy, ALEC is where scientists compare their results. ALEC is the right-leaning counterpart to the National Conference of State Legislatures, which caters to state bureaucrats as well as elected officials. I attended three NCSL conferences during my two years working at the State House, one of which was quite informative. Representatives should probably pay their own way to go to ALEC or NCSL events, but the information they provide is valuable. We should learn from what other states have tried. I’ve often argued against being early adopters. But the theory that the Koch

brothers and evil corporations are using ALEC to take over the New Hampshire General Court is laughable. Ironically, Granite State Progress is currently using its webpage to attack the “Tin Foil Hat Caucus” for opposing Agenda 21. As I wrote last week, Agenda 21 opponents have lost the track. But GSP’s main objection seems to be that they’re wasting the tin foil on the wrong enemy. Their fixation with the Kochs and ALEC is just another flavor of conspiracy. The anti-corporate paranoia that fuels Koch conspiracy theories came into bloom in the Occupy Wall Street Movement. Fortunately for Democrats, OWS fizzled well before Election Day because it highlighted radical liberalism at its worst. The insidious notion that corporations are out to get us has crept into our culture, and it’s got to stop. Of course, I could be so wrapped up the Kochs’ web that I don’t even know it. I asked Charlie Arlinghaus, president of the Josiah Bartlett Center – where I worked for the past four years and where I’m currently helping research New Hampshire budget issues – if he was part of the vast, secret Koch Empire. “They don’t give us money, but I wish they would,” Arlinghaus responded.  (Grant Bosse is editor of New Hampshire Watchdog, an independent news site dedicated to New Hampshire public policy.)
Archive: http://www.concordmonitor.com/home/514149095/koch-brothers-alec-hampshire

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Bad Bartlett: The Josiah Bartlett Center and NH Watchdog Answer the Call of the Koch Brothers

Friday, March 22, 2013

My Turn: In fact, ALEC’s influence isn’t benign
By ZANDRA RICE HAWKINS For the Monitor From their perch in Kansas, Charles and David Koch – oil magnates and owners of Koch Industries – have successfully manipulated their vast wealth to influence the outcomes of campaigns on both a small and large scale. But that’s nothing compared to what happens under the golden dome in Concord during a legislative session. The Kochs are major funders of a network of think-tanks and front groups designed to influence public policy in New Hampshire and other states. In addition to Americans for Prosperity, which is the most highprofile, groups include the elusive American Legislative Exchange Council and even the Josiah Bartlett Center for Public Policy. In the March 17 Sunday Monitor, the Josiah Bartlett Center’s own Grant Bosse derided Granite State Progress for being concerned about ALEC. A little background: When Granite State Progress first started talking about the Koch brothers and ALEC, we expected to get push back from Koch’s lead group, AFP. Instead, we were surprised to see the Josiah Bartlett Center rush to their defense. It didn’t take long to figure out why: The Josiah Bartlett Center is part of the conservative State Policy Network, which is funded by Charles and David Koch via the “Donor’s Capital Fund.” Financial filings show that the Bartlett Center also received direct funding from a Koch-run foundation – despite President Charlie Arlinghaus and Bosse’s assertions that it did not. Knowing this, it should come as no surprise that Bosse, in his defense of ALEC, paints a misleading picture of the group’s activities, asserting that it simply “invites members of state legislatures to go to conferences, eat hotel food, sit through PowerPoints, and share legislative ideas.” Sounds benign, right? What he conveniently skips over is that ALEC membership and ALEC task forces give an equal vote to corporate lobbyists and other special interest groups peddling
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Bad Bartlett: The Josiah Bartlett Center and NH Watchdog Answer the Call of the Koch Brothers

legislation that benefits the bottom line of some of the biggest corporations in the world – often at the expense of everyday Granite Staters. This is starkly different from the National Conference of State Legislatures, which is made up of state legislators and staff on committees where corporations do not get a vote. The fact that ALEC allows corporations to secretly vote on legislation which is then introduced by ALEC legislators in state houses all across our country is a prime reason why several New Hampshire state legislators have dropped their ALEC membership or refused to join. The next steps in process go something like this: After Koch Industries, a longstanding member and corporate funder of ALEC, influences legislation introduced in a state, Koch’s other branches get to work. Groups like AFP launch “grassroots” campaigns to advance the legislative agenda, providing a front group to disguise the wealthy corporate interests who are pulling the strings. Take for example the Regional Greenhouse Gas Initiative, a multi-state cap and trade program. Koch – which has plants in the Northeast – releases an estimated 300 million tons of carbon dioxide pollution each year and has supported efforts to prevent the regulation of carbon emissions. ALEC model legislation to repeal RGGI has been introduced repeatedly in the New Hampshire State House. Each time, the Koch-funded AFP shows up to lobby in support of repeal, buffered at times by paid robocalls, mailers and radio ads. Each time, the Josiah Bartlett Center issues reports and messages claiming RGGI is supposedly wrong for the state.

Interestingly, RGGI is actually a success story: smart, independent state legislators recognize the program has a proven track record of lowering greenhouse gas emissions and generating revenue for investments in renewable energy programs. In fact, since its implementation, RGGI has generated $17 million in revenue and created nearly 460 jobs in New Hampshire, according to a report by Analysis Group, a Boston-based economic consulting firm. So despite the multi-pronged efforts of the Koch brothers, Koch Industries will still be subject to the responsible curbing of carbon emissions. But that’s not always the case: Granite State Progress identified and tracked 30 pieces of ALEC model legislation in the State House in the last year alone, 16 of which became law. We have already testified on a dozen ALEC-related bills this session. In contrast to Bosse, we don’t think it’s paranoid to expose the corporate corruption of our legislative process, but we do think it’s baloney for someone to argue that having corporate interests write our laws is something Granite Staters should sit back and let happen. Exposing undue influence is difficult, especially with so many networks designed to obscure the vast – and dangerous – financial influence of certain individuals or groups. But it’s a worthwhile pursuit for anyone truly interested in having government for the people, by the people.  (Zandra Rice Hawkins is executive director of Granite State Progress, a progressive advocacy organization.)
Archive: http://www.concordmonitor.com/home/524903295/state-alec-koch-corporate

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Bad Bartlett: The Josiah Bartlett Center and NH Watchdog Answer the Call of the Koch Brothers

Side by Side Comparison of ALEC Model Legislation and Actual New Hampshire Bills Supported by Koch Funded Branches ALEC, Josiah Bartlett Center, NH Watchdog, and Americans for Prosperity
The following shows the close nature of corporate-driven ALEC model legislation and actual bills introduced in the New Hampshire legislature. Selections are taken from policy areas focused on climate change, health care, and collective bargaining. Each of the profiled bills received attention from all four branches of the Koch funded groups in New Hampshire, as referenced in the section “Shaping New Hampshire’s Public Policy: Starring the Koch Cogs” on page 25 of this report. EXCERPT: CLIMATE CHANGE ALEC Model Legislation State Withdrawal from Regional Climate Initiatives Summary: ALEC’s “State Withdrawal from Regional Climate Initiatives” would allow states to pull out of the Regional Greenhouse Gas Imitative or the Western Climate Initiative, cap-and-trade programs to cut greenhouse gases and carbon-dioxide emissions. REAL NH Legislation HB 519 (2011) Prime Sponsor: Rep. Richard Barry (R) Sponsors: Rep. Paul Mirski (R) Rep. Andrew Manuse (R) Sen. James Forsythe (R) Sen. Tom De Blois (R) Rep. Lucien Vite (R) Sen. Raymond White (R) Rep. Neal Kurk (R) Status: Conference Committee Report not signed (6/16/2011) *The original text of the bill (below) represents the ALEC model bill, but after Barry was criticized by Rep. James Garrity (R), chair of the House Science, Technology, and Energy Committee, for using ALEC’s language, the ALEC text was dropped and new language was introduced that accomplished the same goal as the ALEC text. WHEREAS, there has been no credible economic analysis of the costs associated with carbon reduction mandates and the consequential effect of the increasing costs of doing business in the State of ______; Section I I. There has been no credible economic analysis of the costs associated with carbon dioxide emissions reduction mandates and the consequential effect of the increased costs of doing business in New Hampshire.

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Bad Bartlett: The Josiah Bartlett Center and NH Watchdog Answer the Call of the Koch Brothers

ALEC Model Legislation State Withdrawal from Regional Climate Initiatives WHEREAS, forcing business, industry, and food producers to reduce carbon emissions through government mandates and capand-trade policies under consideration for the regional climate initiative will increase the cost of doing business, push companies to do business with other states or nations, and increase consumer costs for electricity, fuel, and food;

REAL NH Legislation HB 519 (2011) Section II II. Businesses, industries, and food producers have been forced to reduce carbon dioxide emissions as a result of government mandates and cap and trade policies through the regional greenhouse gas initiative, which has increased the cost of doing business, pushed companies to do business with other states or nations, and increased consumer costs for electricity, fuel, and food. Section III III. The Congressional Budget Office warns that the cost of cap and trade policies will be borne by consumers and will place a disproportionately high burden on poorer families. Section IV IV. Simply reducing carbon dioxide emissions in New Hampshire will not have a significant impact on international carbon dioxide emissions reduction, especially while countries like China, Russia, Mexico, and India emit an ever-increasing amount of carbon dioxide into the atmosphere. Section V V. Economic growth has been and will be sacrificed for a reduction in carbon dioxide emissions that would have no appreciable impact on global concentrations of carbon dioxide. Section VI VI. No state or nation has enhanced economic opportunities for its citizens or increased gross domestic product through cap and trade programs or other carbon dioxide emissions reduction policies. Section VII VII. Europe’s cap and trade system has been undermined by political favoritism and accounting tricks and has failed to achieve its carbon dioxide emissions reduction targets. Section VIII VIII. Therefore, New Hampshire’s regional

WHEREAS, the Congressional Budget Office warns that the cost of cap-and-trade policies will be borne by consumers and will place a disproportionately high burden on poorer families; WHEREAS, simply reducing carbon emissions in the State of ______ will not have a significant impact on international carbon reduction, especially while countries like China, Russia, Mexico, and India emit an ever-increasing amount of carbon into the atmosphere; WHEREAS, a tremendous amount of economic growth would be sacrificed for a reduction in carbon emissions that would have no appreciable impact on global concentrations of CO2; WHEREAS, no state or nation has enhanced economic opportunities for its citizens or increased Gross Domestic Product through cap and trade or other carbon reduction policies; and WHEREAS, Europe’s cap and trade system has been undermined by political favoritism, accounting tricks and has failed to achieve the carbon reduction targets,

THEREFORE, BE IT RESOLVED, that the legislature of the State of ______ urges the

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Bad Bartlett: The Josiah Bartlett Center and NH Watchdog Answer the Call of the Koch Brothers

ALEC Model Legislation State Withdrawal from Regional Climate Initiatives Governor to withdraw [state] from the regional climate initiative.

REAL NH Legislation HB 519 (2011) greenhouse gas initiative cap and trade program for controlling carbon dioxide emissions should be repealed.

EXCERPT: HEALTH CARE ALEC Model Legislation The Health Care Compact The interstate health care compact is a state legislative proposal that would allow states to jointly opt out of all federal health rules, now and in the future. This would include everything from the Affordable Care Act to Medicare and Medicaid. Once the legislation is approved by a group of states, the compact would have to be ratified by Congress and signed by the President. Whereas, the separation of powers, both between the branches of the Federal government and between Federal and State authority, is essential to the preservation of individual liberty; Whereas, the Constitution creates a Federal government of limited and enumerated powers, and reserves to the States or to the people those powers not granted to the Federal government; Whereas, the Federal government has enacted many laws that have preempted State laws with respect to Health Care, and placed increasing strain on State budgets, impairing other responsibilities such as education, infrastructure, and public safety; Whereas, the Member States seek to protect individual liberty and personal control over Health Care decisions, and believe the best method to achieve these ends is by vesting regulatory authority over Health Care in the States; REAL NH Legislation HB 1560 (2012) SPONSORS: Rep. David J. Bettencourt (R) Sen. Charles Morse (R) Status: Laid on the Table (5/9/12)

(a) The separation of powers, both between the branches of the federal government and between federal and state authority, is essential to the preservation of individual liberty; (b) The Constitution creates a federal government of limited and enumerated powers, and reserves to the states or to the people those powers not granted to the federal government;

The federal government has enacted many laws that have preempted state laws with respect to health care, and placed increasing strain on state budgets, impairing other responsibilities such as education, infrastructure, and public safety; The member states seek to protect individual liberty and personal control over health care decisions, and believe the best method to achieve these ends is by vesting regulatory authority over health care in the states;

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Bad Bartlett: The Josiah Bartlett Center and NH Watchdog Answer the Call of the Koch Brothers

Whereas, by acting in concert, the Member States may express and inspire confidence in the ability of each Member State to govern Health Care effectively; and Whereas, the Member States recognize that consent of Congress may be more easily secured if the Member States collectively seek consent through an interstate compact; NOW THEREFORE, the Member States hereto resolve, and by the adoption into law under their respective State Constitutions of this Health Care Compact, agree, as follows: Sec. 1. Definitions. As used in this Compact, unless the context clearly indicates otherwise: “Commission” means the Interstate Advisory Health Care Commission. “Effective Date” means the date upon which this Compact shall become effective for purposes of the operation of State and Federal law in a Member State, which shall be the later of: a) the date upon which this Compact shall be adopted under the laws of the Member State, and b) the date upon which this Compact receives the consent of Congress pursuant to Article I, Section 10, of the United States Constitution, after at least two Member States adopt this Compact. “Health Care” means care, services, supplies, or plans related to the health of an individual and includes but is not limited to: (a) preventive, diagnostic, therapeutic, rehabilitative, maintenance, or palliative care and counseling, service, assessment, or procedure with respect to the physical or mental condition or functional status of an

(e) By acting in concert, the member states may express and inspire confidence in the ability of each member state to govern health care effectively; and (f) The member states recognize that consent of Congress may be more easily secured if the member states collectively seek consent through an interstate compact. II. Now therefore, the member states hereto resolve, by adoption into law under their respective state constitutions of this Health Care Compact, to agree as follows: 137-L:1 Definitions. In this chapter: I. “Commission” means the Interstate Advisory Health Care Commission.

II. “Effective date” m eans the date upon which this Compact shall become effective for purposes of the operation of state and federal law in a member state, which shall be the later of: (a) The date upon which this Compact shall be adopted under the laws of the member state; and (b) The date upon which this Compact receives the consent of Congress pursuant to Article I, Section 10, of the United States Constitution, after at least 2 member states adopt this Compact.

III. “Health care” means care, services, supplies, or plans related to the health of an individual and includes but is not limited to: (a) Preventive, diagnostic, therapeutic, rehabilitative, maintenance, or palliative care and counseling, service, assessment, or procedure with respect to the physical or mental condition or functional status of an individual or that affects the structure or function of the body;

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Bad Bartlett: The Josiah Bartlett Center and NH Watchdog Answer the Call of the Koch Brothers

individual or that affects the structure or function of the body, and

(b) Sale or dispensing of a drug, device, equipment, or other item in accordance with a prescription; and (b) sale or dispensing of a drug, device, (c) An individual or group plan that provides, equipment, or other item in accordance with or pays the cost of, care, services, or a prescription, and supplies related to the health of an individual, except any care, services, (c) an individual or group plan that provides, supplies, or plans provided by the United or pays the cost of, care, services, or States Department of Defense and United supplies related to the health of an States Department of Veteran Affairs, or individual, provided to native Americans. except any care, services, supplies, or plans provided by the United States Department of Defense and United States Department of Veteran Affairs, or provided to Native Americans. “Member State” means a State that is signatory to this Compact and has adopted it under the laws of that State. “Member State Base Funding Level” means a number equal to the total Federal spending on Health Care in the Member State during Federal fiscal year 2010. On or before the Effective Date, each Member State shall determine the Member State Base Funding Level for its State, and that number shall be binding upon that Member State. The preliminary estimate of Member State Base Funding Level for the State of [STATE NAME] is [ESTIMATE FROM TABLE]. “Member State Current Year Funding Level” means the Member State Base Funding Level multiplied by the Member State Current Year Population Adjustment Factor multiplied by the Current Year Inflation Adjustment Factor. “Member State Current Year Population Adjustment Factor” means the average population of the Member State in the current year less the average population of the Member State in Federal fiscal year 2010, divided by the average population of the Member State in Federal fiscal year 2010, plus 1. Average population in a IV. “Member state” means a state that is signatory to this compact and has adopted it under the laws of that state. V. “Member state base funding level” means a number equal to the total federal spending on health care in the member state during federal fiscal year 2010. On or before the effective date of this chapter, each member state shall determine the member state base funding level for its state, and that number shall be binding upon that member state. The preliminary estimate of member state base funding level for the state of New Hampshire is $2,920,000,000. VI. “Member state current year funding level” means the member state base funding level multiplied by the member state current year population adjustment factor multiplied by the current year inflation adjustment factor. VII. “Member state current year population adjustment factor” means the average population of the member state in the current year less the average population of the member state in federal fiscal year 2010, divided by the average population of the member state in federal fiscal year 2010, plus 1. Average population in a member

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Bad Bartlett: The Josiah Bartlett Center and NH Watchdog Answer the Call of the Koch Brothers

Member State shall be determined by the United States Census Bureau. “Current Year Inflation Adjustment Factor” means the Total Gross Domestic Product Deflator in the current year divided by the Total Gross Domestic Product Deflator in Federal fiscal year 2010. Total Gross Domestic Product Deflator shall be determined by the Bureau of Economic Analysis of the United States Department of Commerce. Sec. 2. Pledge. The Member States shall take joint and separate action to secure the consent of the United States Congress to this Compact in order to return the authority to regulate Health Care to the Member States consistent with the goals and principles articulated in this Compact. The Member States shall improve Health Care policy within their respective jurisdictions and according to the judgment and discretion of each Member States. Sec. 3. Legislative Power. The legislatures of the Member States have the primary responsibility to regulate Health Care in their respective States. Sec. 4. State Control. Each Member State, within its State, may suspend by legislation the operation of all federal laws, rules, regulations, and orders regarding Health Care that are inconsistent with the laws and regulations adopted by the Member State pursuant to this Compact. Federal and State laws, rules, regulations, and orders regarding Health Care will remain in effect unless a Member State expressly suspends them pursuant to its authority under this Compact. For any federal law, rule, regulation, or order that remains in effect in a Member State after the Effective Date, that Member State shall be responsible for the associated funding obligations in its State. Sec. 5. Funding.

state shall be determined by the United States Census Bureau. VIII. “Current year inflation adjustment factor” means the total gross domestic product deflator in the current year divided by the total gross domestic product deflator in federal fiscal year 2010. Total gross domestic product deflator shall be determined by the Bureau of Economic Analysis of the United States Department of Commerce. 137-L:2 Pledge. The member states shall take joint and separate action to secure the consent of the United States Congress to this Compact in order to return the authority to regulate health care to the member states consistent with the goals and principles articulated in this Compact. The member states shall improve health care policy within their respective jurisdictions and according to the judgment and discretion of each member state. 137-L:3 Legislative Power. The legislatures of the member states have the primary responsibility to regulate health care in their respective states. 137-L:4 State Control. Each member state, within its state, may suspend by legislation the operation of all federal laws, rules, regulations, and orders regarding health care that are inconsistent with the laws and regulations adopted by the member state pursuant to this compact. Federal and state laws, rules, regulations, and orders regarding health care shall remain in effect unless a member state expressly suspends them pursuant to its authority under this compact. For any federal law, rule, regulation, or order that remains in effect in a member state after the effective date of this chapter, that member state shall be responsible for the associated funding obligations in its state. 137-L:5 Funding. I. Each federal fiscal year, each member

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Bad Bartlett: The Josiah Bartlett Center and NH Watchdog Answer the Call of the Koch Brothers

(a) Each Federal fiscal year, each Member State shall have the right to Federal monies up to an amount equal to its Member State Current Year Funding Level for that Federal fiscal year, funded by Congress as mandatory spending and not subject to annual appropriation, to support the exercise of Member State authority under this Compact. This funding shall not be conditional on any action of or regulation, policy, law, or rule being adopted by the Member State. (b) By the start of each Federal fiscal year, Congress shall establish an initial Member State Current Year Funding Level for each Member State, based upon reasonable estimates. The final Member State Current Year Funding Level shall be calculated, and funding shall be reconciled by the United States Congress based upon information provided by each Member State and audited by the United States Government Accountability Office. Sec. 6. Interstate Advisory Health Care Commission. (a) The Interstate Advisory Health Care Commission is established. The Commission consists of members appointed by each Member State through a process to be determined by each Member State. A Member State may not appoint more than two members to the Commission and may withdraw membership from the Commission at any time. Each Commission member is entitled to one vote. The Commission shall not act unless a majority of the members are present, and no action shall be binding unless approved by a majority of the Commission’s total membership. (b) The Commission may elect from among its membership a Chairperson. The Commission may adopt and publish bylaws and policies that are not inconsistent with this Compact. The Commission shall meet

state shall have the right to federal moneys up to an amount equal to its member state current year funding level for that federal fiscal year, funded by Congress as mandatory spending and not subject to annual appropriation, to support the exercise of member state authority under this compact. This funding shall not be conditional on any action of or regulation, policy, law, or rule being adopted by the member state. II. By the start of each federal fiscal year, Congress shall establish an initial member state current year funding level for each member state, based upon reasonable estimates. The final member state current year funding level shall be calculated, and funding shall be reconciled by the United States Congress based upon information provided by each member state and audited by the United States Government Accountability Office.

137-L:6 Interstate Advisory Health Care Commission. I. The Interstate Advisory Health Care Commission is established. The Commission consists of members appointed by each member state through a process to be determined by each member state. A member state may not appoint more than 2 members to the Commission and may withdraw membership from the Commission at any time. Each Commission member is entitled to one vote. The Commission shall not act unless a majority of the members are present, and no action shall be binding unless approved by a majority of the Commission’s total membership. II. The Commission may elect from among its membership a chairperson. The Commission may adopt and publish bylaws and policies that are not inconsistent with this compact. The Commission shall meet at least once a year, and may meet more frequently. III. The Commission may study issues of

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Bad Bartlett: The Josiah Bartlett Center and NH Watchdog Answer the Call of the Koch Brothers

at least once a year, and may meet more frequently. (c) The Commission may study issues of Health Care regulation that are of particular concern to the Member States. The Commission may make non-binding recommendations to the Member States. The legislatures of the Member States may consider these recommendations in determining the appropriate Health Care policies in their respective States. (d) The Commission shall collect information and data to assist the Member States in their regulation of Health Care, including assessing the performance of various State Health Care programs and compiling information on the prices of Health Care. The Commission shall make this information and data available to the legislatures of the Member States. Notwithstanding any other provision in this Compact, no Member State shall disclose to the Commission the health information of any individual, nor shall the Commission disclose the health information of any individual. (e) The Commission shall be funded by the Member States as agreed to by the Member States. The Commission shall have the responsibilities and duties as may be conferred upon it by subsequent action of the respective legislatures of the Member States in accordance with the terms of this Compact. (f) The Commission shall not take any action within a Member State that contravenes any State law of that Member State. Sec. 7. Congressional Consent. This Compact shall be effective on its adoption by at least two Member States and consent of the United States Congress. This Compact shall be effective unless the

health care regulation that are of particular concern to the member states. The Commission may make non-binding recommendations to the member states. The legislatures of the member states may consider these recommendations in determining the appropriate health care policies in their respective states. IV. The Commission shall collect information and data to assist the member states in their regulation of health care, including assessing the performance of various state health care programs and compiling information on the prices of health care. The Commission shall make this information and data available to the legislatures of the member states. Notwithstanding any other provision in this compact, no member state shall disclose to the Commission the health information of any individual, nor shall the Commission disclose the health information of any individual. V. The Commission shall be funded by the member states as agreed to by the member states. The Commission shall have the responsibilities and duties as may be conferred upon it by subsequent action of the respective legislatures of the member states in accordance with the terms of this compact. VI. The Commission shall not take any action within a member state that contravenes any state law of that member state.

137-L:7 Congressional Consent. This compact shall be effective on its adoption by at least 2 member states and consent of the United States Congress. This compact shall be effective unless the United States

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Bad Bartlett: The Josiah Bartlett Center and NH Watchdog Answer the Call of the Koch Brothers

United States Congress, in consenting to this Compact, alters the fundamental purposes of this Compact, which are: (a) To secure the right of the Member States to regulate Health Care in their respective States pursuant to this Compact and to suspend the operation of any conflicting federal laws, rules, regulations, and orders within their States; and (b) To secure Federal funding for Member States that choose to invoke their authority under this Compact, as prescribed by Section 5 above. Sec. 8. Amendments. The Member States, by unanimous agreement, may amend this Compact from time to time without the prior consent or approval of Congress and any amendment shall be effective unless, within one year, the Congress disapproves that amendment. Any State may join this Compact after the date on which Congress consents to the Compact by adoption into law under its State Constitution. Sec. 9. Withdrawal; Dissolution. Any Member State may withdraw from this Compact by adopting a law to that effect, but no such withdrawal shall take effect until six months after the Governor of the withdrawing Member State has given notice of the withdrawal to the other Member States. A withdrawing State shall be liable for any obligations that it may have incurred prior to the date on which its withdrawal becomes effective. This Compact shall be dissolved upon the withdrawal of all but one of the Member States.

Congress, in consenting to this compact, alters the fundamental purposes of this compact, which are: I. To secure the right of the member states to regulate health care in their respective states pursuant to this compact and to suspend the operation of any conflicting federal laws, rules, regulations, and orders within their states; and II. To secure federal funding for member states that choose to invoke their authority under this compact, as prescribed by RSA 137-L:5.

137-L:8 Amendments. The member states, by unanimous agreement, may amend this compact from time to time without the prior consent or approval of Congress and any amendment shall be effective unless, within one year, the Congress disapproves that amendment. Any state may join this compact after the date on which Congress consents to the compact by adoption into law under its state constitution. 137-L:9 Withdrawal; Dissolution. Any member state may withdraw from this compact by adopting a law to that effect, but no such withdrawal shall take effect until 6 months after the governor of the withdrawing member state has given notice of the withdrawal to the other member states. A withdrawing state shall be liable for any obligations that it may have incurred prior to the date on which its withdrawal becomes effective. This compact shall be dissolved upon the withdrawal of all but one of the member states.

EXCERPT: RIGHT TO WORK (FOR LESS) ALEC Model Legislation Right To Work Act Summary: REAL NH Legislation HB 474 (2011) Prime Sponsor:

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Bad Bartlett: The Josiah Bartlett Center and NH Watchdog Answer the Call of the Koch Brothers

ALEC Model Legislation Right To Work Act ALEC’s “Right To Work Act” prohibits labor unions and private sector employers from making membership or payment of union dues a condition of employment

REAL NH Legislation HB 474 (2011) Rep. William Smith (R) Sponsors: Rep. Alfred Baldasaro (R) Rep. James Forsythe (R) Rep. Kathleen Laurer-Rago (R) Rep. Carol Seidel (R) Rep. Frank Holden (R) Rep. Charles Brosseau (R) Rep. James Summers (R) Status: Veto Sustained (11/30/2011)

Section 1 Section 1. {Title.} This Act may be cited as the Right to Work Act. Section 2 Section 2. {Declaration of public policy.} It is hereby declared to be the public policy of the State of (state), in order to maximize individual freedom of choice in the pursuit of employment and to encourage an employment climate conducive to economic growth, that the right to work shall not be subject to undue restraint or coercion. The right to work shall not be infringed or restricted in any way based on membership in, affiliation with, or financial support of a labor organization. Section 3 The term "labor organization" means any organization of any kind, or agency or employee representation committee or union, that exists for the purpose, in whole or in part, of dealing with employers concerning wages, rates of pay, hours of work, other conditions of employment, or other forms of compensation. Section 4 Section 4. {Freedom of choice guaranteed, discrimination prohibited.} No person shall be required, as a condition of employment or continuation of employment: (A) to resign or refrain from voluntary membership in, voluntary affiliation with, or voluntary financial support of a labor

Section 2 D-1 273-D:1 Short Title. This act may be cited as the “Right to Work Act.” Section 2 D-2 Declaration of Public Policy. It is hereby declared to be the public policy of this state in order to maximize individual freedom of choice in the pursuit of employment and to encourage an employment climate conducive to economic growth, that all persons shall have, and shall be protected in the exercise of, the right freely, and without fear of penalty or reprise, to form, join, or assist labor organizations, or to refrain from any such activity. Section 2 D-3 II “Labor organization” means any organization of any kind, or agency or employee representation committee or plan, which exists for the purpose, in whole or in part, of dealing with employers concerning grievances, labor disputes, wages, rates of pay, hours of work, or other conditions of employment. Section 2 D-4 Freedom of Choice Guaranteed, Discrimination Prohibited. No person shall be required, as a condition of employment or continuation of employment: I. To resign or refrain from voluntary membership in, voluntary affiliation with, or voluntary financial support of a labor

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ALEC Model Legislation Right To Work Act organization; (B) to become or remain a member of a labor organization; (C) to pay any dues, fees, assessments, or other charges of any kind or amount to a labor organization; (D) to pay to any charity or other third party, in lieu of such payments, any amount equivalent to or a pro-rata portion of dues, fees, assessments, or other charges regularly required of members of a labor organization; or (E) to be recommended, approved, referred, or cleared by or through a labor organization. Section 5 Section 5. {Voluntary deductions protected.} It shall be unlawful to deduct from the wages, earnings, or compensation of an employee any union dues, fees, assessments, or other charges to be held for, transferred to, or paid over to a labor organization, unless the employee has first presented, and the employer has received, a signed written authorization of such deductions, which authorization may be revoked by the employee at any time by giving written notice of such revocation to the employer. Section 6 Section 6. {Agreements in violation, and actions to induce such agreements, declared illegal.} Any agreement, understanding, or practice, written or oral, implied or expressed, between any labor organization and employer that violates the rights of employees as guaranteed by provisions of this chapter is hereby declared to be unlawful, null and void, and of no legal effect. Any strike, picketing, boycott, or other action by a labor organization for the sole purpose of inducing or attempting to induce an employer to enter into any agreement prohibited under this chapter is hereby

REAL NH Legislation HB 474 (2011) organization; II. To become or remain a member of a labor organization; III. To pay any dues, fees, assessments, or other charges of any kind or amount to a labor organization; IV. To pay any charity or other third party, in lieu of such payments, any amount equivalent to or a pro-rata portion of dues, fees, assessments, or other charges of a labor organization; or V. To be recommended, approved, referred, or cleared by or through a labor organization.

Section 2 D-5 Voluntary Deductions Protected. It shall be unlawful for any employer to deduct from the wages, earnings, or compensation of any employee any dues, fees, assessments, or other charges, to be held for, transferred to, or paid over to a labor organization, unless the employee has first presented, and the employer has received, a signed written authorization of such deductions, which authorization may be revoked by the employee at any time by giving written notice of such revocation 30 days in advance of its effective date. Section 2 D-6 Agreements in Violation, and Actions to Induce Such Agreements, Declared Illegal. Any agreement, understanding or practice, written or oral, implied or expressed, between any labor organization and employer which violates the rights of employees as guaranteed by the provisions of this chapter is hereby declared to be unlawful, null and void, and of no legal effect. Any strike, picketing, boycott, or other action, by a labor organization for the sole purpose of inducing or attempting to induce an employer to enter into any agreement prohibited under this chapter is hereby

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ALEC Model Legislation Right To Work Act declared to be for an illegal purpose and is a violation of the pro-visions of this chapter. Section 9 Section 9. {Civil remedies.} Any employee harmed as a result of any violation or threatened violation of the provisions of this chapter shall be entitled to injunctive relief against any and all violators or persons threatening violations and may in addition thereto recover any and all damages, including costs and reasonable attorney fees, of any character resulting from such violation or threatened violation. Such remedies shall be independent of and in addition to the penalties and remedies prescribed in other provisions of this chapter. Section 10 Section 10. {Duty to investigate.} It shall be the duty of the prosecuting attorneys of each county (or the attorney general of this state) to investigate complaints of violation or threatened violations of this chapter and to prosecute all persons violating any of its provisions, and to take all means at their command to ensure its effective enforcement.

REAL NH Legislation HB 474 (2011) declared to be for an illegal purpose and is a violation of the provisions of this chapter. Section 2 D-10 Civil Remedies. Any person harmed as a result of any violation or threatened violation of the provisions of this chapter shall be entitled to injunctive relief against any and all violators or persons threatening violation, and may also recover any or all damages of any character, including costs and reasonable attorney fees, resulting from such violation or threatened violation, cognizable at common law. Such remedies shall be independent of, and in addition to, the penalties and remedies prescribed in other provisions of this chapter. Section 2 D-11 Duty to Investigate. It shall be the duty of the attorney general and of each county attorney, to investigate any complaints of violation of this chapter, and to prosecute all persons violating any of its provisions, and to use all means at their command to insure effective enforcement of the provisions of this chapter.

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Report Citiations
i

New Hampshire Commission to Study Medicaid Expansion. Agenda for September 10, 2013. Accessed October 4, 2013. ii New Hampshire Commission to Study Medicaid Expansion. Minutes from September 10, 2013. Accessed October 4, 2013. iii Avik Roy, The Manhattan Institute for Policy Research. Presentation to the N.H. Medicaid Commission: “The Moral & Financial Costs of Expanding Medicaid”. September 10, 2013. iv Concord Monitor. Column by Grant Bosse: Wanted: grown-ups in N.H. politics. September 22, 2013. v American Legislative Exchange Council. Model Bill: Affordable Health Insurance Act. Adopted January 14, 2009. vi Avik Roy, The Manhattan Institute for Policy Research. Presentation to the N.H. Medicaid Commission: “The Moral & Financial Costs of Expanding Medicaid”. September 10, 2013. vii Josiah Bartlett Center. About Us. Accessed October 3, 2013. viii Ibid ix State Policy Network. About Us. Accessed October 3, 2013. x The Center for Media and Democracy. Source Watch: State Policy Network. Accessed October 4, 2013. xi Ibid xii Josiah Bartlett Center, About Us. Accessed April 17, 2012. xiii State Policy Network. Directory. Accessed October 4, 2013. xiv The Center for Media and Democracy. Source Watch: State Policy Network. Accessed October 4, 2013. xv Bridge Project. Conservative Transparency: State Policy Network. Accessed October 4, 2013. xvi The Union Leader. Column by Charlie Arlinghaus: If you agree with me, then it must be a bad idea. October 4, 2012. xvii New Hampshire House Calendar - January 27, 2012 Edition, Vol. 34 No. 6. Accessed October 4, 2013. xviii NewHampshire.Watchdog, “Josiah Bartlett Center promotes Bosse to Vice President for Media.” July 24, 2012. xix New Hampshire Watchdog, “Bartlett Center Launches Investigative Project.” November 20, 2008. xx New Hampshire Watchdog Blogspot, Accessed October 4, 2013. xxi New Hampshire Watchdog. Josiah Bartlett Center Launches New Site – NewHampshireWatchdog.org. November 19, 2009. xxii Ibid. xxiii Franklin Center for Government & Public Integrity, Website: 2011 Events. Accessed August 21, 2013. xxiv Ibid xxv Media Matters for America. How A Right Wing Group Is Infiltrating State News Coverage. July 11, 2012. xxvi Bridge Project. Conservative Transparency: Franklin Center for Government & Public Integrity. Accessed 8.21.13. xxvii The Center for Media and Democracy, Source Watch: Franklin Center for Government and Public Integrity. Accessed October 3, 2013. Primary Citation: American Legislative

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Exchange Council, 2011 Conference Sponsors, conference brochure on file with CMD. August 11, 2011. xxviii Media Matters for America. How A Right Wing Group Is Infiltrating State News Coverage. 7.11.12. Primary Source: American Journalism Review: AJR's 2009 Count of Statehouse Reporters. April/May 2009. xxix Ibid xxx The Center for Media and Democracy. PR Watch: “Franklin Center: Right-Wing Funds State News Source.” October 27, 2011. xxxi Ibid xxxii Media Matters for America. How A Right Wing Group Is Infiltrating State News Coverage. July 11, 2012. xxxiii The Center for Media and Democracy. PR Watch: “Franklin Center: Right-Wing Funds State News Source.” October 27, 2011. xxxiv Kennebec Journal. Website faulted for half-reporting Pingree story. October 2, 2010. xxxv SourceWatch, Wisconsin Reporter. Accessed November 12, 2013. xxxvi Montana Watchdog. Read this column, then sign up for our July 14 Citizen Watchdog event. June 21, 2012. xxxvii Ibid.
xxxix xl

New Hampshire Watchdog. Copy Right & Legal. Accessed October 4, 2013. Josiah Bartlett Center, Links. Accessed October 3, 2013. xli New Hampshire Watchdog. Copy Right & Legal. Accessed October 4, 2013. xlii Society of Professional Journalists. Code of Ethics. Revised 1996. xliii Concord Monitor. Column by Grant Bosse: Obsession with the Koch brothers clouds the left. March 17, 2013. xliv Ibid. xlv Concord Monitor. My Turn by Zandra Rice Hawkins, Executive Director of Granite State Progress: In fact, ALEC’s influence isn’t benign. March 22, 2013. xlvi Concord Monitor and Granite State Progress correspondence, March 15, 2013. Concord Monitor. Column by Grant Bosse: Obsession with the Koch brothers clouds the left. March 17, 2013. xlvii NewHampshire.Watchdog.org. Josiah Bartlett Center promotes Bosse to Vice President for Media. July 24, 2012. xlviii Josiah Bartlett Center. About Us. Accessed October 3, 2013. xlix Josiah Bartlett Center. Links. Accessed October 3, 2013. l New Hampshire Watchdog. Copy Right & Legal. Accessed October 4, 2013. li New Hampshire Watchdog. About Us. Accessed October 3, 2013. lii New Hampshire Watchdog. About: Grant Bosse. Accessed October 4, 2013. liii Concord Monitor. Column by Grant Bosse: ObamaCare façade continues to crumble. September 9, 2013. Forbes. Interactive Map: In 13 States Plus D.C., Obamacare Will Increase Health Premiums By 24%, On Average. September 4, 2013. Concord Monitor. Column by Grant Bosse: Wanted: grown-ups in N.H. politics. September 22, 2013. Concord Monitor. Column by Grant Bosse: Finding common ground on education. September 29, 2013. liv New Hampshire Watchdog. Charlie Explains It All. December 14, 2011. lv New Hampshire House Calendar, January 27, 2012 edition. Vol. 34 No. 6. Accessed October 4, 2013.

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lvi

Josiah Bartlett Center. About Us. Accessed October 3, 2013. NewHampshireInsider.com. Press Release: Josiah Bartlett Center joins Heritage and AFP for Pre-Debate Panel. June 9, 2011. lviii George Mason University. Charles G Koch Summer Intern Fellow. Accessed October 3, 2013. lix Franklin Center for Government & Public Integrity. Main Website. Accessed August 21, 2013. lx New Hampshire Watchdog. About: Grant Bosse. Accessed October 4, 2013. lxi The Union Leader. Republican, Democratic governors associations targeting NH race. September 14, 2012. lxii YouTube. RGA: Déjà vu. September 13, 2012. lxiii New Hampshire Watchdog. About: Grant Bosse. Accessed October 4, 2013. lxiv Concord Monitor. State Republican Party shows rifts. August 18, 2011. lxv Josiah Bartlett Center. About Us. Accessed October 3, 2013. lxvi The Center for Media and Democracy. PR Watch: “Franklin Center: Right-Wing Funds State News Source.” October 27, 2011. lxvii Franklin Center for Government & Public Integrity. Commentary: Progressive War On ALEC. April 18, 2012. lxviii Media Matters for America. How A Right Wing Group Is Infiltrating State News Coverage. July 11, 2012. lxix The Center for Media and Democracy. PR Watch: How A Right Wing Group Is Infiltrating State News Coverage. July 12, 2012. lxx Center for Media and Democracy. Source Watch: Franklin Center for Government & Public Integrity. Accessed October 4, 2013. lxxi Ibid lxxii Ibid lxxiii Ibid lxxiv Ibid lxxv Franklin Center for Governemtn & Public Integrity. Jason Stverak. Accessed October 4, 2013. lxxvi The Center for Media and Democracy. PR Watch: How A Right Wing Group Is Infiltrating State News Coverage. July 12, 2012. lxxvii Ibid. lxxviii Franklin Center for Government and Public Integrity, 2011 Events, Accessed October 4, 2013. lxxix The Center for Media and Democracy. PR Watch: How A Right Wing Group Is Infiltrating State News Coverage. July 12, 2012. lxxx Ibid. lxxxi Ibid. lxxxii New Hampshire Watchdog. Changes in Greenhouse Gas program are all about money. Februrary 19, 2013. lxxxiii Granite State Progress, Press Release: Statement on Koch-Funded Americans for Prosperity Plans to Target Young Adult Males, Discourage Health Care Coverage. August 1, 2013. lxxxiv Granite State Progress State House Video Monitoring Project: Attempting to Repeal RGGI, House Science, Technology and Energy Committee. February 26, 2013.
lvii

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lxxxv

New Hampshire Watchdog. Changes in Greenhouse Gas program are all about money. February 19, 2013. lxxxvi Granite State Progress State House Video Monitoring Project: Attempting to Repeal RGGI, House Science, Technology and Energy Committee. February 26, 2013. lxxxvii 2011 NH General Court Study Committee on Ed Tax Credits. Interim Report. November 1, 2011. lxxxviii Granite State Progress State House Video Monitoring Project. Josiah Bartlett Center Testifies ALEC Model Legislation 'Homegrown'. (Mark 1:10 to 1:54) NH Senate Education Committee, March 28, 2013. lxxxix American Legislative Exchange Council. School Choice and State Constitutions: A Guide To Designing School Choice Programs. April 2007. xc The Cato Institute. The Public Education Tax Credit. December 5, 2007. xci The Center for Media and Democracy. ALEC at 40: Turning Back the Clock on Prosperity and Progress. August 8, 2013. xcii The Cato Institute. “Public Schools: Make Them Private.” 1995. xciii “The Cato Institute. Adam B. Schaeffer: Yes, the Department of Education Is Unconstitutional. September 6, 2011. xciv New Hampshire Secretary of State. Registered Lobbyists. Accessed October 3, 2013. New Hampshire Secretary of State. Lobbyist Filings. Accessed October 3, 2013. xcv New Hampshire Statues, Chapter 15: Lobbyists xcvi Ibid xcvii The Center for Media and Democracy. PR Watch: A Reporters Guide To The State Policy Network. April 4, 2013. xcviii Union Leader. Column by Charlie Arlinghaus: How a Balanced Budget Created a Deficit. October 10, 2012. xcix ALEC Exposed. Model Legislation: Parent Choice Scholarship Program Act-Universal Eligibility. Accessed October 4, 2013. c ALEC Exposed. Model Legislation: Family Education Tax Credit Program. Accessed October 4, 2013. ci ALEC Exposed. Model Legislation: Resolution Supporting Private Scholarship Tax Credits. Accessed October 4, 2013. cii Josiah Bartlett Center, Issues: School Choice. Accessed October 4, 2013. ciii The Union Leader. Lynch changes wording in school choice veto. June 22, 2012. civ New Hampshire Watchdog. Indiana Supreme Court upholds School Choice Program. March 26, 2013. cv Americans for Prosperity-NH. Americans for Prosperity-NH Disappointed in Superior Court Ruling Limiting School Choice. June 17, 2013. cvi Americans for Prosperity. Labor, Education & Pensions. Accessed October 4, 2013. cvii ALEC Exposed. Model Legislation: Public Employees’ Portable Retirement Option (PRO) Act. Accessed October 4, 2013. cviii American Legislative Exchange Council. Model Legislation: Defined-Contribution Pension Reform Act. Approved on August 5, 2013. cix New Hampshire Watchdog. Defined Contribution Models In Other States. October 2011. cx New Hampshire Watchdog. Pension reform needed: Unfunded liability is a real problem. July 30, 2012. Also published in Concord Monitor. Column by Grant Bosse: Pension reform needed: Unfunded liability is a real problem. July 29, 2012. cxi Americans for Prosperity Foundation. Unfunded Pension Liabilities. August 2011.

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cxii

American Legislative Exchange Council. State Legislators Guide to Repealing Obamacare. Accessed October 4, 2013. cxiii ALEC Exposed. Model Legislation: Freedom of Choice in Health Care Act. Accessed October 4, 2013. cxiv NH General Court. HB 619. Session Year 2011. cxv American Legislative Exchange Council. Model Legislation: Health Care Compact Act. Approved on October 13, 2011. cxvi Josiah Bartlett Center. Issues: Health. Accessed October 3, 2013. cxvii Josiah Bartlett Center. Manuse Plan Would Protect New Hampshire From Obamacare Exchanges. February 22, 2012. cxviii Josiah Bartlett Center. Why New Hampshire Should Join Health Care Compact. March 2012. cxix New Hampshire Watchdog. Medicaid Questions: Summer school begins for legislators. July 9, 2013. cxx New Hampshire Watchdog. Medicaid will be at the center of next year’s budget debate. November 25, 2012. cxxi Americans for Prosperity. Issues: Healthcare, Entitlements. Accessed October 4, 2013. cxxii Americans for Prosperity NH. Facebook. Accessed October 4, 2013. cxxiii Nashua Telegraph. Many wonder if Obamacare will deliver on promise. August 12, 2013. cxxiv ALEC Exposed. Model Legislation: State Withdrawal from Regional Climate Initiatives. Accessed 10.4.13. cxxv Josiah Bartlett Center. Public Utilities Commission Is Power Mad. Accessed 10.4.13. Also published in Concord Monitor. Column by Grant Bosse: Public Utilities Commission Is Power Mad. June 16, 2013. cxxvi Josiah Bartlett Center for Public Policy. Frequently Asked Questions About New Hampshire’s New Carbon Cap. January 2009. cxxvii Josiah Bartlett Center for Public Policy. RGGI in New Hampshire: The First Two Years. February 15, 2011. cxxviii The Heartland Institute. New Hampshire House Votes to Repeal Cap-and-Trade. March 14, 2011. cxxix New Hampshire Watchdog. Renewable and Energy Tags. Accessed October 4, 2013. cxxx New Hampshire Watchdog. New Hampshire Watchdog Poll: Renewable Energy Mandates. May 11, 2012. cxxxi New Hampshire Watchdog. Secondary market for RGGI credits crashes. September 6, 2011. cxxxii New Hampshire Watchdog. Would you pay more for renewable power? (You already do.) May 14, 2012. Also published in Concord Monitor. Column by Grant Bosse: Would you pay more for renewable power? (You already do.) May 13, 2012. cxxxiii New Hampshire Watchdog. Changes in Greenhouse Gas program are all about money. February 19, 2013. Also published in Concord Monitor. Column by Grant Bosse: RGGI doesn’t work – let’s not make it worse. February 17, 2013. cxxxiv Granite State Progress State House Video Monitoring Project: Attempting to Repeal RGGI, House Science, Technology and Energy Committee. February 26, 2013. cxxxv Americans for Prosperity Foundation. The EPA’s Greenhouse Gas Regulations. September 2011. cxxxvi Americans for Prosperity. Another Approach To Carbon Emissions. June 26, 2013.

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cxxxvii

ALEC Exposed. Model Legislation: Right to Work Act. Accessed October 4, 2013. ALEC Exposed. Model Legislation: Employee Rights Reform Act. Accessed October 4, 2013. cxxxix ALEC Exposed. Model Legislation: Paycheck Protection Act. Accessed October 4, 2013. cxl Josiah Bartlett Center. Bargaining Tilted Towards Unions. July 7, 2013. cxli Americans for Prosperity. New Hampshire Should Adopt Right to Work Legislation. January 29, 2013. cxlii Granite State Progress. Press Release: Year in Review: NH Speaker Bill O'Brien's YearLong Failed Attempt to Pass Right to Work for Less. November 30, 2011. cxliii Granite State Progress. Press Release: Republican, Democratic State Rep Candidates Respond to Koch Funded Americans for Prosperity Attack Mailers. November 5, 2012. cxliv Los Angeles Times. The political moderate, a disappearing breed. October 22, 2012. cxlv Americans for Prosperity. Time to opt out of unions. June 28, 2013. cxlvi American Bridge. Conservative Transparency: Josiah Bartlett Center for Public Policy. Accessed on October 4, 2013. cxlvii Mother Jones, Exposed: The Dark-Money ATM of the Conservative Movement, February 5, 2013. cxlviii American Bridge. Conservative Transparency: Josiah Bartlett Center for Public Policy. Accessed on October 4, 2013. cxlix Ibid. cl American Bridge. Conservative Transparency: Roe Foundation. Accessed on October 4, 2013. cli American Bridge. Conservative Transparency: Jaquelin Hume Foundation. Accessed on October 4, 2013. clii David Bacon. San Francisco's Hume Family -- Building a Rightwing Empire on Dried Garlic and a Busted Union. November 8, 1999. cliii American Bridge. Conservative Transparency: Jaquelin Hume Foundation. Accessed on October 4, 2013. cliv State Policy Network. About. Accessed October 4, 2013. clv The Center for Media and Democracy. Source Watch: State Policy Network. Accessed October 4, 2013. clvi Ibid. clvii Ibid. clviii The Center for Media and Democracy. Source Watch: Koch Family Foundations. Accessed October 4, 2013. clix Ibid. clx IRS 990, 2011; IRS 990, 2010
cxxxviii

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