Gary Merchant
Serving as: NH House Sullivan County District 06
These objective, nonpartisan measures are used to show this legislator's activities at the Statehouse in 2023 and 2024. The measures are not intended to present a ranking or rating of any kind. Average is that of all state elected officials in this chamber. Gov. Sununu is still in the process of signing and vetoing 2024 bills, so the number of prime sponsored bills that became law may increase.
Session days attended
Party unity score/partisanship
Participated in official roll call votes
Bills sponsored (as prime sponsor)
Prime sponsored bills that became law
Voting Record
CACR 23 (2024)
Constitutional amendment creating a right to abortion, including a ban on any restrictions on abortion prior to 24 weeks.
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"
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 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 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 1248 (2024)
Changes the state limit on abortion after 24 weeks gestation to 15 days gestation.
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 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 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 1377 (2024)
Right-to-work bill that prohibits collective bargaining agreements that require employees to join or contribute to a labor union.
HB 1400 (2024)
Prohibits zoning and planning regulations that set maximum residential parking spaces above one parking space per unit.
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 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 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 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 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 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 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 224 (2023)
Repeals the civil and criminal penalties for health care providers who violate the state's ban on abortion after 24 weeks.
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 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 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 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 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 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 59 (2023)
Requires commercial sales and transfers of firearms to take place through licensed dealers. Those dealers are required to perform background checks.
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 624 (2023)
Requires state and local law enforcement to notify the public before an immigration checkpoint.
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.
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.
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"
Declined to complete our 2022 State Candidate Survey
Position on Issues
Against| Read My Position
Voting Record, 2024
In 2022 Rep. Merchant voted to consider repealing the Education Freedom Account program (HB 1683) In 2024 Rep. Merchant voted against several bills to expand eligibility for Education Freedom Accounts (EFAs), including HB 1561, HB 1634, HB 1665, and HB 1677. Merchant also voted for HB 1512, which would limit the EFA program to a budget.
Against| Read My Position
Voting Record, 2023
Voted against HB 591, a bill that would prohibit a doctor from performing an abortion after detecting a fetal heartbeat.
No Response
Citizens Count Issue Survey, 2022
Should New Hampshire ban abortions during the second trimester (e.g. after 15 weeks gestation)?
Against| Read My Position
Voting Record, 2024
While the House did not address this issue directly, Rep. Merchant voted against HB 1419, a bill to ban various sex-related content in K-12 schools. Merchant also voted against HB 1312, a bill that would require school districts to notify parents two weeks before any curriculum related to sexual orientation, gender, gender identity, or gender expression.
Against| Read My Position
Voting Record, 2024
Voted to consider repealing the state law aimed at banning critical race theory in schools and state trainings (HB 1162)
No Response
Citizens Count Issue Survey, 2022
Should NH add an income tax on earned income?
No Response
Citizens Count Issue Survey, 2022
Should NH add a broad-based sales tax?
No Response
Citizens Count Issue Survey, 2022
Should New Hampshire add a tax credit for businesses that contribute to student loan repayment for employees?
No Response
Citizens Count Issue Survey, 2022
Should New Hampshire lower business taxes?
Other| Read My Position
Voting Record, 2024
In 2023 Merchant voted for HB 208, a bill to establish greenhouse gas emission reduction goals for the state, to net zero by 2050. The bill also required the Department of Environmental Services to develop a climate action plan. However, in 2024 Merchant voted against establishing a climate and health protection program with non-state funds, such as federal grants (SB 496).
Against| Read My Position
Voting Record, 2022
Voted against creating a conditional "affidavit ballot" for voters registering on Election Day without ID (SB 418)
No Response
Citizens Count Issue Survey, 2022
Should New Hampshire add a fee or mileage charge for electric vehicle owners to help pay for transportation and/or electric infrastructure?
For| Read My Position
Voting Record, 2024
In 2024 Rep. Merchant voted for a few bills that would ease zoning requirements. For example, Merchant voted for HB 1291 (to increase rights of property owners to build accessory dwelling units), HB 1399 (to make it easier to convert single family residence into two units), and HB 1400 (to limit parking requirements, plus add tax credits for office conversions).
For| Read My Position
Voting Record, 2020
Voted for SB 124, a bill to revise the required minimum percentages of renewable energy in the Renewable Portfolio Standard, particularly to extend goals from 2025 to 2040.
For| Read My Position
Voting Record, 2024
Voted for a constitutional right to abortion before 24 weeks (CACR 23).
No Response
Citizens Count Issue Survey, 2022
Do you support New Hampshire’s current system of public school funding, with about two-thirds of total funding coming from local property taxes?
No Response
Citizens Count Issue Survey, 2022
Should New Hampshire legalize the recreational use of marijuana by allowing home-growing and private use without sales?
For| Read My Position
Voting Record, 2023
Voted to legalize private marijuana sales with a 12.5% excise tax (HB 639).
For| Read My Position
Voting Record, 2022
Voted in favor of a bill to legalize marijuana with the Liquor Commission regulating sales (HB 1598)
For| Read My Position
Voting Record, 2024
In 2019 Rep. Merchant voted for HB 186 (to gradually raise the minimum wage to $12/hour), HB 731 (to gradually raise the minimum wage to $15/hour), and SB 10 (to gradually raise the minimum wage to $12/hour). In 2024 Rep. Merchant voted to gradually raise the minimum wage to $17 per hour, with future inflation adjustments (HB 1322).
No Response
Citizens Count Issue Survey, 2022
Should the state permanently increase how much tax revenue it shares with towns and cities every year, beyond public school funding?
No Response
Citizens Count Issue Survey, 2022
Do you support the gradual phase-out of the Interests and Dividends tax?
For| Read My Position
Voting Record, 2023
Merchant voted against HB 625, a 2021 bill to prohibit abortion after 24 weeks gestation, unless there is a medical emergency. The bill did not include exceptions for rape or incest. In 2023 Merchant also voted to repeal the "fetal life protection act", which restricts access to abortion after 24 weeks (HB 271).
Other| Read My Position
Voting Record, 2023
During the 2019-2020 legislative session, Merchant has voted both for and against gun control bills. For example, he voted for HB 1285 and HB 564 (banning firearms on school grounds), HB 109 (expanding firearm background checks), HB 514 and HB 1101 (establishing a waiting period for firearm purchases), and HB 687 (establishing extreme risk protection orders, similar to a red flag law). However, he voted against HB 1608 (banning large capacity magazines) and HB 1379 (expanding firearm background checks).
In 2023 Merchant voted to establish a 3-day waiting period for firearm purchases (HB 76).