Front Door Politics: Veto Power
In the four years from 2006 to 2009, Gov. John Lynch vetoed a total of 12 bills, averaging three per year. There was a slight up-tick in 2010, when he vetoed six bills. But all that was before Republicans gained super-majorities in the state House and Senate. In 2011, Lynch vetoed 13 bills, surpassing his combined total from the previous three years. And he’s already vetoed 15 bills in 2012.
Once a bill reaches the governor’s desk, he has five days to either sign it into law, allow it to become law without his signature, or use his executive power to veto it. If he takes the third course of action, the legislature can override his veto with two-thirds majority votes in both the House and Senate.
Lynch is not running for reelection in November, but the popular fourth-term Democrat still has much to think about in the coming weeks. Here’s a roundup of bills the governor has vetoed this spring, most of which still face override votes.
SB 160: “An act relative to the definition and regulation of installment loans.” Lynch vetoed Senate Bill 160 in late January. The bill would have created a small payday loan that allowed lenders to charge interest rates of more than 400 percent per year. Lynch said the bill legalized “excessive interest rates” that would have created an “escalating spiral of debt for New Hampshire families.” His veto was sustained.
HB 592: “An act apportioning state representative districts and relative to the boundaries of wards.” House Bill 592 established the N.H. House of Representative’s redistricting plan, which will go into effect next year. Lynch vetoed the bill in March, saying it violates constitutional requirements for equal representation and unnecessarily changes some district boundaries. His veto was overridden, but the plan now faces several legal challenges in the courts.
HB 1549: “An act prohibiting the use of motor vehicle records for any federal identification database.” This bill would prevent the federal government from using information from New Hampshire motor vehicle records for its identification databases. Lynch vetoed the bill in May, saying it would have “serious negative consequences for the apprehension of criminals, the recovery of stolen vehicles, and even for the prevention of terrorism.”
update: veto sustained
SB 175: “An act regulating the commercial use of a person’s identity.” This bill establishes a person’s right to control the commercial use of his or her identity for 70 years after death. In his June 12 veto message, Lynch said the bill would have a “chilling effect on legitimate journalistic and expressive works” that are protected by the Constitution. He also worries the law would invite litigation.
update: veto sustained
HB 1679: “An act relative to partial-birth abortion.” This bill would ban “partial-birth” abortions, which are already prohibited under federal law in almost any circumstance. Lynch vetoed the bill on June 15, arguing it is unnecessary because of the federal ban and could jeopardize the life of the mother in certain medical emergencies.
update: veto overridden
SB 372: “An act establishing an education tax credit.” Dubbed the “school choice bill” by supporters, SB 372 would establish an education tax credit against the business profit tax to help fund scholarships to private schools. Lynch said the bill would shift limited state funds away from public school districts, thereby downshifting costs to local communities and property taxpayers. He vetoed the Senate bill on June 18, and then vetoed a nearly identical House bill (HB 1607) on June 21.
update: veto overridden
HB 217: “An act including ‘fetus’ in the definition of ‘another’ for the purpose of certain criminal offenses.” The so-called “fetal homicide bill” would allow the state to prosecute a pregnant woman or another individual for causing the death of an unborn child. Lynch said he would support criminal penalties for the death of a fetus, but only if the fetus was deemed “viable” and the legislation was based on sound medical science. He vetoed HB 217 on June 18, saying it would restrict a woman’s rights during pregnancy.
update: veto sustained
HB 1666: “An act relative to legislative approval of collective bargaining agreements entered into by the state.” This bill would require that any collective bargaining agreement entered into by the state be approved by the fiscal committee of the general court. Lynch vetoed it on June 20, saying it would add cumbersome and unnecessary layers of government to the negotiating process.
update: veto sustained
SB 318: “An act relative to voter registration.” This bill modifies certain forms and procedures related to voter registration, linking it to motor vehicle registration and licensing requirements. Supporters say the bill is aimed at ensuring only legal residents vote in state elections. But, in his June 20 veto message, Lynch said it contained confusing language and could disenfranchise eligible voters.
update: veto overridden
SB 326: “An act relative to state reimbursement of towns and relative to taxation of trusts under the interest and dividends tax.” This bill repeals a reduction in certain reimbursements paid to communities that have lost taxable valuation of lands subject to flood control. Lynch said he had no objection to that provision, but he is concerned about a non-germane amendment that eliminates certain taxation of trusts. He said the changes “have not been fully examined and may be unfair to some taxpayers.”
update: veto overridden
SB 406: “An act relative to establishing an early offer alternative in medical injury claims, relative to confidentiality of police personnel files, and establishing a committee to study the referral of patients for use of implantable medical devices.” This bill would establish an “early offer” program for malpractice claims, allowing people to accept a payment from the medical provider instead of pursuing a court settlement. Lynch said the bill is well-intentioned but lacks safeguards to protect injured patients.
update: veto overridden
SB 289: “An act relative to presenting photo identification to vote in person.” This bill requires voters to present valid photo ID at the polls, or else execute a qualified voter affidavit, beginning with the state primary in September. Lynch said the list of acceptable forms of identification is too restrictive. He vetoed the bill on June 21, saying it would cause confusion and possibly prevent some eligible voters from casting ballots.
update: veto overridden
SB 409: “An act relative to the use of marijuana for medicinal purposes.” SB 409 would legalize medical marijuana to treat the symptoms of certain debilitating diseases. Lynch, who vetoed similar legislation in 2009, said the distribution of marijuana could not effectively be controlled under the bill, “with the result being the proliferation of marijuana for unlawful use.” He vetoed SB 409 on June 21.
update: veto sustained
SB 356: “An act limiting the authority of delegates to Article V conventions and recodifying the laws relative to religious societies.” Although the House dropped a controversial non-germane amendment that would have offered a religious exemption for contraception coverage, Lynch still vetoed SB 356 on June 21. It requires delegates to constitutional conventions to take an oath vowing not to support any “unauthorized amendment to the Constitution.” Violating the oath would result in possible recall or criminal penalties. Lynch indicated the bill was rash and unnecessary.
update: veto sustained
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