Caring for neighbors in need is part of New Hampshire’s DNA. It was a requirement of towns in colonial times and has been reflected in statute as a legal obligation for more than a century.

That statute, NH RSA 165, states, “any person…who is poor and unable to support himself…shall be relieved and maintained by the overseers of public welfare of such town whether or not he has residence there.” In recent years, the State Legislature has modified that law to facilitate payments from smaller to larger towns, when their residents need resources like hospitals and other facilities.

But this year, a Republican bill to be voted on in January threatens to unravel this historic commitment. It will, for the first time in over a hundred years, give towns permission to limit or avoid providing help to those in need.  HB348, should it pass, allows towns to condition public assistance on proof of residency through car registrations, lease agreements and property tax bills – the very documents that those seeking help seldom have.

To make it just a bit more palatable, HB348 allows towns to give people three days to obtain the required documents. But even if these requirements could be met, the bill makes no exceptions for weekends, holidays, and other circumstances that would prevent anyone from obtaining such records within the 72-hour limit. Proponents point to the fact that HB348 offers “special consideration” that “may be provided” for victims of domestic violence or stalking.

But the key word here is “may,” which allows towns to withhold aid and deny assistance outright if such documents cannot be produced, despite the existing law’s unambiguous statement that those in need “shall” be assisted, regardless of residence.

Courts, including the United States Supreme Court, have continually struck down laws that condition aid on residency, since they contravene the right to travel and the Equal Protection Clause. Therefore, HB348, if signed into law, would violate the US Constitution.It would also violate our State’s long history of providing assistance to all persons in need.Conditioning that assistance on residency and other requirements, as HB348 seeks to do, erodes our commitment to each other and, by extension, the human connections that undergird our communities.

Democrats on the House Municipal and County Government Committee will do our best to prevent this bill from passing, but as always, we rely on the people of New Hampshire to appeal to their individual legislators, senators, and Governor Ayotte as the process goes forward. We may disagree on many things, but we know on a deep level what’s right and what isn’t. The obligation to help those in need is what sets us apart. It’s also what keeps us together.

Stavis is ranking member of the New Hampshire Legislature’s Municipal and County Government Committee and a member at large of the Lebanon City Council.