House Lessons

by: Dean Barker

Wed Jun 15, 2011 at 20:14:25 PM EDT

From the New Hampshire Supreme Court's opinion on HB89 (.pdf, pp.9-10):

It is the executive, not the legislative branch, in which the constitution vests the "supreme executive" authority to determine whether it is in the public interest to litigate a particular matter. Necessarily, this includes the decision not to initiate a specific civil action on the part of the State. If enacted, HB 89's usurpation of an exclusively executive function would violate the separation of powers doctrine.

2. Finish your homework.

From Governor Lynch's veto message regarding SB3:

Even as this bill sits on my desk with a deadline of today, members of the ongoing conference committee on HB 1 and HB 2 have publicly announced that they will consider substantive changes to this legislation, a version of which is already included in HB 2. Those changes include potentially addressing decisions made yesterday by the Board of the Retirement System that could impact the budgets of the state and local communities.

3.  It's the economy, stupid.

From Governor Lynch's veto message regarding HB218:

The New Hampshire business community has made a clear statement that it sees rail, in the words of the Greater Manchester Chamber of Commerce, as "a proven economic catalyst that will spur economic development and create jobs." Several major companies have made clear that they believe rail will improve their ability to attract workers, access their markets, attract additional customers and grow their businesses in New Hampshire. In addition, the Manchester and Nashua chambers of commerce both believe that developing the state's rail infrastructure will assist their efforts to attract new businesses and jobs to the state. That is one reason both chambers have asked me to veto this legislation. The Merrimack Town Council, the Bedford Town Council, and the Nashua Board of Aldermen have also passed resolutions expressing support for expanded rail service and the benefits it would bring to their communities.

The support of the business community is validated by an independent study that concluded that the development of rail in the capital corridor could result in more than $2.4 billion in new business sales and nearly 1,000 new jobs created and sustained in New Hampshire in the first twenty years of operation.

4. Local control matters in New Hampshire.

From Governor Lynch's veto message regarding HB109:

I believe that the decision of whether or not to require fire sprinklers for new or renovated residential development should remain a local one. The State should not dictate a required course of action. It is obviously the local community that is impacted from new residential development both in terms of land use and in terms of bearing the costs of providing increased fire protection services. This legislation will remove local control over an important issue.

5. The health and safety of our children are paramount.

From Governor Lynch's veto message regarding HB329 (email release):

First, a young woman should not be forced to involve the person that abused her in the first place in this decision. That is why of the 36 states that require some form of parental involvement, 16 include exceptions from notification for rape or incest or abuse. There must be an exception for rape, incest and abuse in any parental notification law in New Hampshire.

Second, some of the provisions of this legislation are unclear and too narrow.  The health exception does not allow a physician to sufficiently exercise his or her best medical judgment and proceed with an abortion when a delay will create a grave and immediate risk to the minor's health.

...Lastly, this bill subjects medical professionals to potential imprisonment and civil lawsuits without giving medical providers sufficient guidance on how to comply with the law. The law should include clear standards on what information must be collected from the minor and what records should be kept.

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