Bills up for a veto override vote

On October 10th, bills that were vetoed by Governor Sununu will get a second chance at becoming New Hampshire law. To override a veto, the bill must receive a supermajority vote—in New Hampshire, this means a 2/3 majority from both chambers. Here are a few of the vetoed bills that the Legislature will consider overturning.

HB 396 – classification based on biological sex

New Hampshire legislators considered many bills related to transgender rights this year. Although the state passed laws imposing restrictions on transgender youth in sports and limiting access to gender-affirming care, Governor Sununu vetoed a related bill, HB 396.

HB 396 sought to protect distinctions based on biological sex in facilities such as bathrooms, locker rooms, prisons, and other treatment centers. Governor Sununu vetoed this bill out of the belief that it runs contrary to the state’s “Live Free or Die” spirit and argues it addresses issues that have not yet emerged. As the bill initially passed with only a narrow majority, it is unlikely to achieve the supermajority required to override the veto.

HB 1093 – prohibiting mandatory mask policies

HB 1093 aimed to prevent school boards and other officials from enforcing mask mandates for students and other members of the public in schools. In July, Governor Sununu vetoed the bill, favoring local control over such decisions. Although the bill received significant support from the Senate, it passed the House by only a narrow margin and is unlikely to secure the supermajority needed to override Sununu’s veto.

HB 1233 – animal chiropractors

If you haven’t heard of animal chiropractors, you may be surprised to hear that New Hampshire attempted to pass a bill (HB 1233) to exempt them from veterinary licensure requirements. The bill made it through the House and the Senate but was ultimately vetoed by Governor Sununu. Sununu felt the bill was too vague and could lead to unintended consequences. While he agreed with the bill’s general idea, Sununu believes animal chiropractors should go through a careful licensing process rather than being fully exempt. The bill passed with strong support in both chambers, meaning it could potentially earn a supermajority vote in October.

HB 1293 – restricting fertilizers

HB 1293 aimed to set limits on fertilizers by restricting how much nitrogen and phosphorous they can contain and where they can be used. The bill banned the use of fertilizer within 25 feet of storm drains or bodies of water, during heavy rainfall, or when heavy rain was forecasted. These fertilizers have contributed to cyanobacteria blooms in many of New Hampshire’s lakes.

Governor Sununu vetoed the bill, referring to its limitations as impractical and unworkable. He and the Department of Agriculture agreed that it relied too heavily on neighbors reporting one another. Sununu believes a reintroduction of the bill should include better enforcement mechanisms and focus on large bodies of water instead of private lawns and storm drains. Despite the Governor’s critiques, the bill received a lot of support from both chambers and may be able to override the veto.

HB 274 & HB 1622 – administrative rule changes

HB 274 and HB 1622 both aim to reform the administrative process in the executive branch by amending the Administrative Procedures Act. HB 274 would require state agencies to notify legislative policy committees and stakeholders when proposing new rules. In addition, agencies would be responsible for paying legal fees if a rule is adopted despite final objection by the joint legislative committee on administrative rules and later found invalid by a court. Governor Sununu vetoed this bill, arguing that it creates undue burden with uncertain costs and liability.

HB 1622 proposes changes to how the Office of Professional Licensure and Certification (OPLC) manages license renewals and updates the Administrative Procedures Act regarding publishing, interim rules, and public comments. The bill would impose fines on agencies that enforce expired rules. Sununu vetoed the bill, claiming that the fines would place an additional burden on agencies and that the overall cost outweighs the benefits. Both bills received significant support in both chambers, indicating that they may be able secure the votes necessary to override the veto next month.

These six bills are just a few of those that could be up for debate next month. If you have opinions on these bills—or any others that have recently been vetoed by Governor Sununu—now is the time to reach out to your representatives. You can find out who represents you on our Elected Officials page.