Gary Merchant

HB 1633 (2024)

Legalizes and regulates recreational marijuana sales to adults over age twenty-one. As amended by the House, this bill would allow the state to license fifteen cannabis retail outlets. There would be a 10% tax on monthly total gross revenue derived from the sale of cannabis and cannabis products. Smoking in public and consuming marijuana while driving would be illegal. Towns could limit marijuana businesses.

HB 619 (2023)

Prohibits gender transition care for minors under age 18. This bill also prohibits teaching about gender identity in public schools (with an exception for high school psychology courses), requires schools to use the name and gender that students are enrolled as, prohibits students from participating on sports teams that do not correspond to their biological sex at birth, and requires students to use the bathroom that corresponds with their biological sex at birth.

HB 1205 (2024)

Prohibits anyone with the reproductive biology and genetics of a male at birth from participating on school sports teams designated for females. As introduced, this bill covered K-12 schools as well as the university and community college system. The House amended the bill so that it only applies to middle and high schools.

HB 1419 (2024)

Prohibits K-12 schools from making "any material that is harmful to minors" available to students. The bill defines this material to include various content related to sex. This bill also requires school boards to adopt complaint resolution policies to address complaints regarding harmful material by parents or guardians.

HB 1248 (2024)

Changes the state limit on abortion after 24 weeks gestation to 15 days gestation.

HB 1665 (2024)

Raises the annual household income limit to qualify for the Education Freedom Account (EFA) program, from 350% to 500% of the federal poverty level (from about $100,000 to about $150,000 for a family of four).

The Senate rewrote the bill. The Senate version of the bill raises eligibility to just 400% of the federal poverty level, and extends the timeline for phase-out grants for public schools when students leave to use EFA program funds, from 2026 to 2029. These changes are similar to SB 442, a bill killed in the House.

HB 1377 (2024)

Right-to-work bill that prohibits collective bargaining agreements that require employees to join or contribute to a labor union.

CACR 23 (2024)

Constitutional amendment creating a right to abortion, including a ban on any restrictions on abortion prior to 24 weeks.

HB 1656 (2024)

Greatly increases the per-pupil state education funding for each student receiving special education services. The House amended the bill to establish three weighted categories for special education differentiated aid, with more funding going to students who need more services.

HB 1283 (2024)

Establishes a procedure for an individual with terminal illness to receive medical assistance in dying through the self administration of medication (sometimes called physician-assisted suicide). The bill establishes criteria for the prescription of such medication and establishes reporting requirements and penalties for misuse or noncompliance.

HB 1145 (2024)

Prohibits new solid waste landfill permits in the state for facilities owned by any person other than the state of New Hampshire or a political subdivision thereof.

HB 1649 (2024)

Restricts the use of per and polyfluoroalkyl substances (PFAS) in consumer products. For example, this bill bans the sale of cosmetics, food packing, carpets, and more products with added PFAS starting July 1, 2028. The House changed that date to January 1, 2027.

The Senate amended the bill to also state that settlement funds from PFAS lawsuits will be deposited in the drinking water and groundwater trust fund and used to fund public water systems impacted by PFAS.

HB 1322 (2024)

Gradually increases the minimum wage to $17 per hour by 2029. This bill then allows future increases best on the Northeast Consumer Price Index. This bill also increases the tipped minimum wage from 45% to 50% of the regular minimum wage.

HB 1291 (2024)

Increases the number of accessory dwelling units (ADUs) allowed by right from one to two. This bill also increases the maximum square footage from 750 square feet to 1,000 square feet (and 850 square feet for a second unit). The bill then sets other regulations municipalities can and cannot require for ADUs. For example, the bill states that municipalities may require a property to have at least one half acre to have more than one ADU.

HB 470 (2023)

Exempts some drug checking equipment from the definition of drug paraphernalia, and allows the use of drug checking equipment, such as fentanyl test strips, for harm reduction.

HB 1400 (2024)

Prohibits zoning and planning regulations that set maximum residential parking spaces above one parking space per unit.

SB 263 (2023)

Permanently reauthorizes the New Hampshire Granite Advantage Health Care Program, commonly known as expanded Medicaid. Previous law ended the program on December 31, 2023. This bill also reestablishes and revises the commission to evaluate the New Hampshire Granite Advantage Health Care Program, commonly known as expanded Medicaid.

HB 1711 (2024)

Establishes a system to report to the firearm background check system if a person is found not guilty by reason of insanity, not competent to stand trial, or involuntarily committed to a mental health facility. This bill also allows the court to order a person to surrender their firearms in these circumstances. This bill also establishes a process for a person to have their record removed from the background check system after six months, if they are no longer a danger to themselves or others.

HB 57 (2023)

Gradually raises the minimum wage to $15 per hour over the next three years, with future adjustments based on the consumer price index. This bill also raises the tipped minimum wage from 45% to 50% of the regular minimum wage. Lastly, this bill allows a minimum wage of $8 per hour for youth under age 18 for the first six months of employment.

HB 367 (2023)

Increases the maximum household income limit for participation in the Education Freedom Account program, from 300% to 500% of the federal poverty guidelines. The Education Freedom Account program allows families to spend the state's per-pupil share of education funding on private or home school expenses.

The House amended the bill to only increase the income limit to 350% of the federal poverty guidelines.

HB 106 (2023)

Establishes a procedure for issuing "extreme risk protection orders" to protect against persons who pose an immediate risk of harm to themselves or others. An extreme risk protection order would restrict a person's access to firearms, and is also known as a "red flag law."

HB 59 (2023)

Requires commercial sales and transfers of firearms to take place through licensed dealers. Those dealers are required to perform background checks.

HB 567 (2023)

Requires at least 30 days written notice for a rent increase. Large, multi-unit rental owners must provide at least 60 days notice. If the rent increase is over 15%, large multi-unit landlords must provide at least 6 months notice.

HB 624 (2023)

Requires state and local law enforcement to notify the public before an immigration checkpoint.

HB 10 (2023)

Establishes a parental bill of rights. Some of the parental rights in this bill include:
"The right to direct the education and care of his or her minor child"
"The right to be physically present at any health care facility ... at which their minor child is receiving hospital care"
"The right to consent in writing before a biometric scan of his or her minor child is made, shared, or stored"

SB 272 (2023)

Establishes a parental bill of rights in education. Some of the parental rights in this bill include:
"The right to access and review all medical records of a child maintained by a school or school personnel"
"The right to inquire of the school or school personnel and to be truthfully and completely informed if the child is being identified or referred to by school district staff, as being of a gender other than that of which the child was identified or referred when enrolled"

HB 2 (2023)

State budget bill (part 2). The governor presented his proposal for the next state budget February 14. The House and Senate both made changes to that proposal. Click here to read a summary of the 2023 budget process.

HB 208 (2023)

Establishes greenhouse gas emission reduction goals for the state, to net zero by 2050. This bill also requires the Department of Environmental Services to develop a climate action plan by July 1, 2024, that includes evaluation of best available information, considers inclusion of strategies, programs and compliance mechanisms with measurable goals and targets, considers opportunities to encourage investment in low/moderate income, rural and minority communities, makes recommendations on retraining and apprenticeship opportunities, and coordinates with other state agencies.

HB 557 (2023)

Removes the authority of the Department of Health and Human Services to require vaccinations beyond those in state law. This bill specifically notes that the requirements for chickenpox, Hepatitis B, and Hib vaccinations will expire in 2026.

HB 639 (2023)

Legalizes marijuana for adults over age twenty-one. The bill allows limited home-growing of marijuana. A new Cannabis Commission would oversee licensing and regulations related to the manufacture, testing, and sale of legal marijuana. Cannabis sales would be taxed under the Meals and Rooms tax system. Alternative Treatment Centers, which currently serve the state's medical marijuana patients, would be allowed to apply for a "dual use certificate" that allows them to participate in recreational marijuana business. Towns could limit marijuana businesses.

HB 523 (2023)

Increases the maximum electric generating capacity to participate in net energy metering, from one to five megawatts. This bill also modifies the transition of tariffs applicable to some customer-generators.

HB 224 (2023)

Repeals the civil and criminal penalties for health care providers who violate the state's ban on abortion after 24 weeks.

HB 1431 (2022)

Establishes a parental bill of rights. Some of the parental rights in this bill include:

HB 227 (2021)

Allows a landlord to evict a tenant at the expiration of the term of the lease or tenancy, if the term is longer than six months.  The House amended the bill to also require the landlord to give 30 days' notice.

HB 1022 (2022)

Authorizes pharmacists to dispense Ivermectin pursuant to a standing order from a physician or APRN. 

The Senate amended the bill to also establish a commission to study the use of Ivermectin to treat Covid-19 and to provide a recommendation regarding whether to make the standing order permanent.

HB 1131 (2022)

Prohibits public schools from adopting, enforcing, or implementing a policy that requires students or members of the public to wear a facial covering.

HB 1178 (2022)

Prohibits any state or local enforcement of any federal laws or actions aimed at limiting firearms.

SB 418 (2022)

Establishes "affidavit balloting" for voters who do not have a valid identification at the polls. Those voters would be given a prepaid envelope to return with documentation proving their eligibility to vote, and their "affidavit ballots" would be numbered and counted separately. Any voter who fails to provide documentation proving their eligibility to vote within ten days of the election would have their ballot pulled and their votes deducted from the official vote totals.

HB 1080 (2022)

Creates a right for health care providers to conscientiously object to participating in providing abortion, sterilization, or artificial contraception services.

HB 1221 (2022)

Reduces the Business Profits Tax rate from 7.6% to 7.5% and the Business Enterprise Tax rate from 0.55% to 0.50% for taxable periods ending on or after December 31, 2023.

The House amended the bill to only cut the Business Profits Tax to 7.5%.

The Senate amended the bill to also provide towns and cities with 7.5% of their retirement contribution costs for teachers, police officers, and firefighters for one year.

HB 1210 (2022)

Requires public employers, private employers, and postsecondary education institutions that receive public funds and mandate a vaccination or other inoculation procedure to accept an employee's or student's request for a medical, religious, or right of conscience exemption.

HB 1661 (2022)

Requires sending district schools and career and technical education (CTE) centers to enter into an agreement to include scheduling, access, transportation and credits for CTE students.

The House amended the bill to also set aside $35 million for a new legislative parking garage. The Senate revised the bill to lower this number to $9.35 million.

The Senate also amended this bill to add the substance of SB 430, an omnibus bill about care covered under Medicaid, childcare regulations, and more.

HB 1609 (2022)

Revises the law banning abortions after 24 weeks gestation to include exceptions for rape, incest, and fatal fetal anomalies. This bill also repeals the requirement to conduct an obstetric ultrasound before every abortion. Lastly, this bill requires the Department of Health and Human Services to compile and publish an annual report of statistics relative to abortions after 24 weeks.

HB 1455 (2022)

Prohibits state enforcement of any federal law, order, or rule that requires an individual, as a condition of employment or any other activity, to provide proof of vaccination against COVID-19 or to submit more than once per month to COVID-19 testing.

HB 1495 (2022)

Prohibits employee vaccine requirements for any state or local government employees or government contractors. This bill has an exception for medical providers when there is a direct threat present.

The House amended the bill to prohibit any state or local government from requiring businesses to implement a vaccine mandate, with an exception for medical facilities.

HB 1668 (2022)

Requires commercial sales and transfers of firearms to take place through licensed dealers. Those dealers are required to perform background checks. Also requires private sales or transfers to go through a licensed firearm dealer, if it's not absolutely clear that both the owner and the recipient are allowed to own guns.

HB 1683 (2022)

Repeal the Education Freedom Account program. The program allows the parent of a school age child to receive funds from a scholarship organization to pay for education expenses.

HB 1598 (2022)

Allows personal consumption and possession of marijuana over age 21, with some limits (e.g. four ounces of cannabis in plant form). Home-growing would be illegal. The state Liquor Commission would regulate marijuana growing and sales. Revenue from marijuana sales would go to substance misuse-related education, prevention, treatment, and recovery; and offsetting the statewide education property tax.

HB 1576 (2022)

Repeals the law aimed at banning critical race theory in public schools and workplaces. That law prohibits the teaching of certain concepts in school and public employee trainings. For example, the law prohibits teaching that people of a certain race or sex are "inherently racist, sexist, or oppressive, whether consciously or unconsciously."

HB 177 (2021)

Prohibits the siting of new landfills, excluding expansions of existing landfills, within 2 miles of state parks. "State parks" do not include state historic sites and recreational rail trails.

The House voted to add this bill to SB 103, but the Senate rejected that change.

SB 89 (2021)

The House voted to add a new section to the bill that states New Hampshire election laws will not be affected by the passage of the federal "For the People Act."  Supporters argue that this is an important measure to protect the integrity of New Hampshire elections from federal interference.  Opponents argue it is unconstitutional to attempt to nullify federal laws, and this measure could require New Hampshire to run two separate election systems, one for state officials and one for federal officials.

HB 625 (2021)

Prohibits abortion after 24 weeks gestation, unless there is a medical emergency.  There are no exceptions for rape or incest.

The House and Senate added a similar ban to the 2021 state budget bill.

SB 61 (2021)

Right-to-work bill that prohibits collective bargaining agreements that require employees to join or contribute to a labor union.

HB 1 (2021)

State budget bill.  The governor presented his version of the next state budget February 11.  The House passed a revised version of his budget on April 7.  The Senate passed a different version on June 3.  The House and Senate passed a final version on June 24. Click here to read a summary of the 2021 budget proposals.

HB 2 (2021)

State budget bill (part 2). The governor presented his version of the next state budget February 11.  The House passed a revised version of his budget on April 7.  The Senate passed a different version on June 3. The House and Senate passed a final version on June 24.  Click here to read a summary of the budget proposals.

HB 542 (2021)

Excludes religious gatherings from any prohibition on in-person gatherings during a state of emergency.  The House amended the bill to more broadly protect religious activities. The Senate amended the bill to narrow its scope again; the Senate version requires the state to allow religious services and other activities to proceed to the same or greater extent as other essential business activity during a state of emergency.

HB 121 (2021)

Establishes a fifteen member independent redistricting commission, appointed by House and Senate party leaders after an application process.

HB 458 (2021)

Repeals the the law that requires public middle schools and high schools to provide menstrual hygiene products at no cost. This bill then permits school health departments "to make reasonable efforts to secure, through grants and donations, and distribute menstrual hygiene products to students in need."

SB 141 (2021)

Authorizes the FBI to conduct all National Instant Criminal Background Check System (NICS) searches concerning the purchase, sale, and transfer of firearms through Federal Firearm Licensees operating in New Hampshire. This bill then abolishes the "gun line" in the State Police and repeals the state’s partial point of contact system for handguns, allowing the authority to remain exclusively with the FBI.

HB 481 (2019)

Legalizes and taxes marijuana for adults over age twenty-one. A Cannabis Control Commission, similar to the Liquor Commission, would be responsible for licensing and enforcement. The bill also allows limited home-growing of marijuana for personal use.

HB 1672 (2020)

Allows any voter to vote by absentee ballot, whether or not he or she will actually be absent on election day. The Senate amended the bill to become the "Coronavirus Election Protection Act of 2020." The amended bill allows any voter to vote by absentee ballot, allows town officials to start processing ballots before Election Day, and authorizes online voter registration.

HB 687 (2019)

Establishes "extreme risk protection orders," based on evidence that there is "a significant risk of causing bodily injury to himself or herself or others," which would require the subject of the order to surrender any firearms to law enforcement.

HB 1577 (2020)

Allows an individual to obtain a new birth certificate based on a change of gender identity, as certified by a licensed health care provider. Parental permission is required if a minor seeks a birth certificate change. At the time of this bill's submission, a court order is required to change a birth certificate. This bill also allows a gender identity of nonbinary on a birth certificate.

HB 1280 (2020)

Caps how much health insurers can charge consumers for insulin at $100 for a 30-day supply. The Senate amended the bill to instead cap the payment at $30 for a 30-day supply.

HB 1166 (2020)

Establishes a committee to study the demographics of the uninsured population in New Hampshire, the barriers to obtaining healthcare coverage, and possible solutions to extend health insurance coverage. The Senate completely amended the bill to add various requirements and protections for employers and employees related to the coronavirus. For example, the amended bill allows employees to collect unemployment if they cannot go to work because they or a family member is sick with COVID-19 - even if Gov. Sununu ends the state of emergency.

HB 1247 (2020)

Requires landlords to provide at least 90 days notice before a rent increase over 5%. The House amended the bill to require 60 days notice for an increase over 5% and 90 days notice for an increase over 8%. The Senate amended the bill to instead remove the requirement of an eviction notice before public welfare departments provide rental assistance. The amended bill also "creates a duty of good faith and fair dealing for mortgage lenders." Lastly, the amended bill requires landlords to offer tenants a 6-month repayment plan for rent missed during the coronavirus emergency.

HB 1664 (2020)

Requires the Department of Environmental Services to establish a climate action plan, an office of the environmental advocate, and an oversight commission on environmental services. The House amended the bill to instead establish greenhouse gas emission reduction goals for the state. Those goals are a 20% reduction in statewide emissions by 2025, 50% by 2035, and 80% by 2050 (all compared to 1990 emissions). The amended bill also gives the Department of Environmental Services the authority to develop and update regularly a climate action plan.

HB 1645 (2020)

Extends the waiting period to annul a misdemeanor domestic violence offense, from 3 to 10 years. The Senate amended the bill to incorporate several other pieces of legislation.

HB 1454 (2020)

Gives local school boards the power to determine whether to grant academic credit for alternative extended learning and work-based programs. At the time of this bill's submission, that power lies with the state board of education. The Senate amended the bill to still require the state board of education to vet and approve alternative extended learning and work-based programs, which local school boards "may" accept for credit (similar to a different bill, SB 514).

HB 1264 (2020)

Extends the Commission on the Seacoast Cancer Investigation from 2020 to 2022. The Senate amended the legislation to incorporate several bills related to PFAS. In particular, the amended bill establishes maximum contaminant levels for perflourinated compounds (PFCs), as originally written in SB 287.

HB 712 (2019)

Establishes a social insurance program that would be operated by New Hampshire Employment Security to provide for paid family and medical leave insurance. Employers would pay 0.5% of wages per employee as premium payments. Employees could take up to twelve weeks of leave and receive 60% of their pay after paying into the program for at least six months. As introduced, this bill does not include an opt-out option.

HB 1648 (2020)

Permits adults to possess up to 3/4 of an ounce of cannabis, 5 grams of hashish, and other cannabis-infused products, and permits adults to grow up to 6 cannabis plants at home in a secure location that is not visible from other properties. This bill also allows adults to give marijuana products away and sell marijuana accessories.

HB 731 (2019)

Gradually raises the state minimum wage, starting at $12 per hour in 2020 and ending at $15 per hour in 2024. The bill also raises the tipped minimum wage, although in 2024 it would still be 45% of the regular minimum wage. The bill requires cost of living adjustments every year. This bill also allows cities and towns to set a higher minimum wage. Lastly, this bill establishes a "training wage," no lower than $8.50, for employees under age eighteen for the first three months of employment.

HB 685 (2019)

Prohibits balance billing for ambulance services. The bill also limits reimbursement for ambulance services to a "commercially reasonable value." The Senate amended the bill to instead require insurance plans which cover maternity benefits to provide coverage for emergency or elective abortion services (similar to SB 486).

HB 558 (2019)

Prohibits food service businesses from providing a single-use plastic straw to a customer unless specifically requested.

HB 514 (2019)

Establishes a seven day waiting period for the delivery of a firearm. There are some exceptions for rifle or shotgun purchases by hunters, law enforcement officers, and members of the armed forces. The Senate amended the bill, shortening the waiting period to three days.

HB 706 (2019)

Establishes a fifteen member independent redistricting commission, appointed by the secretary of state after a public application process that includes input from legislative leaders. The Senate amended the bill, generally giving the Secretary of State less say in the process.

SB 1 (2019)

Establishes a paid family and medical leave insurance program, which would be run by the state department of employment security. Employers would pay 0.5% of wages per employee as premium payments. Employees could take up to twelve weeks of leave and receive 60% of their pay after paying into the program for at least six months. The bill does not allow anyone to opt-out of the program.

HB 2 (2019)

2020-2021 state budget bill (part 2).

HB 1 (2019)

2020-2021 state budget bill.

HB 564 (2019)

Makes it a misdemeanor to carry a firearm in a safe school zone. ˙There are some exceptions, for example if a person gets permission from the school board. The House amended the bill so that parents do not need to remove or unload firearms in their cars when picking up students. The amendment also specifically bans firearms on "school property" rather than in "school zones." School property includes buildings, grounds, school buses, and vans.

SB 290 (2019)

Modifies the work and community engagement requirements for the Granite Advantage Health Care Program, commonly known as expanded Medicaid. For example, this bill extends the work requirement exemption for parents so that parents of children under age 13 are eligible for the exemption. This bill also gives the Department of Health and Human Services the authority to waive the work requirement until July 2021 if there is an inability to communicate with program participants.

HB 109 (2019)

Requires commercial sales and transfers of firearms to take place through licensed dealers. Those dealers are required to perform background checks. Also requires private sales or transfers to go through a licensed firearm dealer, if it’s not absolutely clear that both the owner and the recipient are allowed to own guns.

HB 365 (2019)

Increases the electric generating capacity of customer generators who may participate in net energy metering, generally from 1 megawatt to 5 megawatts.

HB 446 (2019)

Allows an individual to obtain a new birth certificate based on a change of gender identity, as certified by a licensed health care provider. At the time of this bill's submission, a court order is required to change a birth certificate. This bill also allows a gender identity of nonbinary on a birth certificate. The Senate amended the bill, for example to require the permission of a parent or guardian if a minor seeks a birth certificate change.

SB 10 (2019)

Increases the minimum wage to $10 per hour in 2020, then to $11 in 2022, except starting that year, employers would have to pay at least $12 per hour if they do not offer at least 10 paid sick days to employees.  The House and Senate amended the bill to raise the minimum wage to $10 per hour in 2020 and $12 per hour in 2022, regardless of sick time.

HB 455 (2019)

Changes the penalty for any offense eligible for the death penalty to life imprisonment without parole.

HB 105 (2019)

Generally repeals the voter registration changes passed in SB 3. For example, this bill removes the stricter requirements for voters who register within 30 days of an election. This bill also removes much of the new language on voter registration forms about domicile. This bill also removes the authority of the secretary of state to conduct post-election voter registration investigations, leaving that to the attorney general.