New Hampshire lawmakers override public participation law veto


New Hampshire lawmakers on Oct. 10 overrode Gov. Chris Sununu’s (R) veto of a bill regarding public participation in agency rulemaking. The bill requires rulemaking agencies to compile reports describing how suggestions from public comments were incorporated into final rules. It also requires agencies to “provide a detailed explanation that includes the facts, data, interpretations, and policy choices that justify why the adopting agency did not amend the rules.”

Gov. Sununu argued in his Aug. 2 veto message, “If enacted, this legislation would substantially increase the burden on executive agencies when promulgating rules without providing the financial support to do so.”

State Senator Howard Pearl (R), one of the bill’s sponsors, argued it would increase rulemaking transparency and “enable an easier process for the public to weigh in on pending rules.”

The law will take effect in December. 

The background 

Republican lawmakers introduced H.B. 1622 on Jan. 3 in the New Hampshire House of Representatives. After being referred to a conference committee, the bill was approved by a voice vote by the New Hampshire State Senate on July 18. Gov. Sununu vetoed the bill on Aug. 2.  

The state legislature reconvened Oct. 10 on a day known as “Veto Day” to reconsider 15 bills vetoed this year by the governor. Legislators overrode two bills with at least a two-thirds majority, including H.B. 1622, which passed 318-11 in the House and 23-0 in the Senate.  

Lawmakers from both parties supported the veto override. In the House, 155 Republican and 163 Democratic lawmakers voted to override the veto, and 11 Republicans voted against it. Twenty-three lawmakers in the Senate voted to override the veto, which included votes from 13 Republicans and 10 Democrats.

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