NH Alert: SB116. Still on the Gov's desk. ***Vetoed***

[SpeedOften]

No, this information does not show up on the Docket. We do know that by Close of Business Tuesday the Bill was on her desk.

Actually, this bill does effect you, although the effect is 4 years from now. (No more $100) licenses unless you want one for another state.

-Design

Well, if there's no way to officially tell if she got the bill, or when, then she could just tell us she got it Thursday. How could we prove her wrong?

Frenchie, see the bold in designs post...

 

[frenchman]

Well, between what we do know and what we can prove...
Oh, I completely forgot... She's a politician! She wouldn't lie to us ever. Yeah, right.

 

[design]

I have not done the math, but I am willing to bet that if every person who voted for a republican state rep (sum up the votes for each of the 400 reps) voted for a republican governor, Maggie would be in private practice. I'll see if the SoS has these numbers next week.

Shaheen was at least friendly towards firearms, Maggie is running as hard left as she can and this will cost her.

-Design

 

[MachineHead]

I'm sticking with getting a result by Tuesday night. Until then, either it happens or it doesn't. If it doesn't, then maybe we can post the contact info of the most likely reps to be in the 2/3 to favor liberty.

 

[vorpal]

I got this email form NHFC last week. July 2'nd. Is it wrong?


"From: "Hon. JR Hoell" <[email protected]>
Date: Jul 2, 2015
NHFC: New Hampshire's Only No Compromise Gun Rights Organization

Dear Friends,

I would like to take a few minutes to thank you for your willingness to get involved in the fight to restore the natural rights of gun owners. Without your help we would not be making progress.

A quick update. Over 1,600 petitions have been signed, printed and delivered to the Governor at this point. More are still being completed. If you have friends, who are interested in Constitutional Carry, please have them fill out this petition.

We have confirmation that the SB 116 was put on the Governor's desk yesterday morning (6/30) and per the Constitution, part Second, Art. 44 "... If any bill shall not be returned by the governor within five days (Sundays excepted) after it shall have been presented to him, the same shall be a law in like manner as if he had signed..."

If we can keep sufficient pressure on the Governor to prevent a veto for just four more days (No Veto on or before Independence day), this bill becomes law."

There is some other discussion about the bill being racist etc. I mainly wanted to put this onto the forum to see if it was legit. Thanks.
vorpal

 

[design]

Vorpal,
We don't know what took place during the days the State House was closed. We are on hold until Tuesday morning at this point.

 

[vorpal]

Vorpal,
We don't know what took place during the days the State House was closed. We are on hold until Tuesday morning at this point.

Got it. Thanks.
vorpal

 

[timbo]

Vorpal,
We don't know what took place during the days the State House was closed. We are on hold until Tuesday morning at this point.

Does the fact that the statehouse was closed have any bearing on the 5 day limit? The way I understood the constitutional law as it was shown somewhere here on this thread, it doesn't. Only Sunday is the day that doesn't count.

 

[nhpoke]

Art. 44 of NH Constitution says...

If any bill shall not be returned by the governor within five days (Sundays excepted) after it shall have been presented to him, the same shall be a law in like manner as if he had signed it unless the legislature, by their adjournment, prevent its return, in which case it shall not be a law.

I'm no expert on the actual behavior related to this, but given previous "plain language" rulings by the NH supreme Court, the fact that Sundays are excepted would indicate that the intent is that only Sundays are excepted. If Saturdays or holidays were intended to be excepted they would have been specified as exceptions.

As I said I plan on contacting the secretary of state office on Monday to attempt to find out when the governor received sb116. I have no idea if I'll make any progress with this or not as a mere citizen.

 

[frenchman]

If the bill was on her desk Tuesday, and we are positive on the fact, shouldn't the law be on the books today? Tues, Wed, thurs, Fr, Sat. That's 5, no?

 

[NHAtHeart]

If the bill was on her desk Tuesday, and we are positive on the fact, shouldn't the law be on the books today? Tues, Wed, thurs, Fr, Sat. That's 5, no?

When you play a board game, you start counting with the square in front of you.

Wed, Thurs, Fri, Sat, Mon. if it was Tuesday.

 

[nhpoke]

My interpretation matches yours. There also seems to be some cases of "but we always do it this way" regardless of the rules, however (like when they changed the licensing form with no oversight).

- - - Updated - - -

Within is inclusive of now. That's different than move 5 spaces ahead.

If the intent was "in the following 5 days" it would say in the next 5 days, excluding His Excellency from acting on the bill the day it is received. As written is says within, indicating that it can be acted on immediately, but not beyond a window of 5 days from now.

 

[KBCraig]

There is no official clock. Time starts when the SoS (Democrat Bill Gardner) says that he delivered it to Democrat Gov. Maggie Hassan.

If she wants more time, they'll agree that he didn't deliver it until the second Tuesday of next week.

As for the "holiday" question, does no one actually read the thread before replying with a new question about holidays?

 

[Bonesinium]

Does the fact that the statehouse was closed have any bearing on the 5 day limit? The way I understood the constitutional law as it was shown somewhere here on this thread, it doesn't. Only Sunday is the day that doesn't count.

[Art.] 44. [Veto to Bills.] Every bill which shall have passed both houses of the general court, shall, before it becomes a law, be presented to the governor, if he approves, he shall sign it, but if not, he shall return it, with his objections, to that house in which it shall have originated, who shall enter the objections at large on their journal, and proceed to reconsider it; if after such reconsideration, two-thirds of that house shall agree to pass the bill, it shall be sent, together with such objections, to the other house, by which it shall likewise be reconsidered, and, if approved by two-thirds of that house, it shall become a law. But in all such cases the votes of both houses shall be determined by yeas and nays, and the names of persons, voting for or against the bill, shall be entered on the journal of each house respectively. If any bill shall not be returned by the governor within five days (Sundays excepted) after it shall have been presented to him, the same shall be a law in like manner as if he had signed it unless the legislature, by their adjournment, prevent its return, in which case it shall not be a law.

Not sure. It looks like she has 32 other bills that haven't been acted on yet.

https://legiscan.com/NH/legislation?type=bill&status=enrolled

I find it hard to believe 19 Senate bills were 'pocket vetoed', so most likely Tuesday is when we will find out what is going on.

 

[nhpoke]

Pocket veto is not available. Legislature has not adjourned. They are in recess (very different from a parliamentary standpoint).

 

[Bonesinium]

Exactly. But since they are in recess, she can't exactly deliver the senate any vetoes, so until Tuesday, the day their calender is showing they will be back, she couldn't officially do anything really. Well I mean, we know she isn't signing it.

 

[nhpoke]

Both houses are in recess until call of the chair (http://www.gencourt.state.nh.us) . I don't buy that the timer is as long as His Excellency needs as long as the legislature isn't in session.

 

[Bonesinium]

I don't either but how does one veto something when there is no one to give the veto message to? She may very well have already vetoed it but we won't know until the Senate returns to find a veto message from her. Likewise she may have already signed any number of the dozens of other bills, but we still wouldn't know. That's all I'm saying.

 

[nhpoke]

It's a fair point. I *assume* that the bills go back through the sos office. I'm assuming a lot.

I've never paid this much attention to the details of a bill moving through the process before.

 

[nhpoke]

According to the secretary of states office SB116 was delivered to the Governor's desk on June 29. I just got off the phone with the SOS office.

 

[Martlet]

So when is the 5 days up?

 

[inkdesigner]

Which would mean the 5 day clock is up. Either it has passed due to her not signing it or she vetoed it, but did it quietly and without any ceremony.

Or.....she is playing games and will claim the holiday and Saturday do not count, even though plain reading of the Constitution does not support that.

 

[strangenh]

Again, depends on whether the counting is of dates or full day periods.

 

[Pvt. Cowboy]

According to the secretary of states office SB116 was delivered to the Governor's desk on June 29. I just got off the phone with the SOS office.

That would mean time is up...

 

[Racenet]

Which would mean the 5 day clock is up. Either it has passed due to her not signing it or she vetoed it, but did it quietly and without any ceremony.

Or.....she is playing games and will claim the holiday and Saturday do not count, even though plain reading of the Constitution does not support that.

If that is the case, a NH firearms organization better be ready to take her to court right away. No delays, no waiting around so that people forget. Have her served by the end of the friggin day.

 

[namedpipes]

That would mean time is up...

Unless it's a trick to stop the flood of phone calls.

 

[nhpoke]

2 different ways of potentially counting the days (kindof the 2 extremes)...

Date	Action	Count Option 1	Count Option 2
June 29	Bill Arrives	Day 1	Day 0
June 30		Day 2	Day 1
July 1		Day 3	Day 2
July 2		Day 4	Day 3
July 3	Holiday Observed	Day 5	Day 3 (Holiday, Observed)
July 4	Holiday	Day 6	Day 3 (Holiday, Actual)
July 5	Sunday	Day 6	Day 3 (Sunday)
July 6		Day 7	Day 4
July 7		Day 8	Day 5

 

[NHAtHeart]

2 different ways of potentially counting the days (kindof the 2 extremes)...

Date	Action	Count Option 1	Count Option 2
June 29	Bill Arrives	Day 1	Day 0
June 30		Day 2	Day 1
July 1		Day 3	Day 2
July 2		Day 4	Day 3
July 3	Holiday Observed	Day 5	Day 3 (Holiday, Observed)
July 4	Holiday	Day 6	Day 3 (Holiday, Actual)
July 5	Sunday	Day 6	Day 3 (Sunday)
July 6		Day 7	Day 4
July 7		Day 8	Day 5

Option 2 is a violation of the NH Constitution, it would be silly for her to use that method as it would be easily defeated in court.

The 5 days has to be up if it was on her desk on the 29th using any method of calculation that is in line with the NH constitution. At this point the bill HAS to have been acted on, it's either vetoed on her desk, not signed on her desk and law, or signed on her desk and law.

 

[strangenh]

Option 2 is an alleged violation of the NH Constitution, it would be silly for her to use that method as it would be easily defeated in court or perhaps not, and would make her look like a real fighter to her national-ambitions handlers.

The 5 days has to be up if it was on her desk on the 29th using any method of calculation that is in line with the NH constitution. At this point the bill HAS to have been acted on, it's either vetoed on her desk, not signed on her desk and law, or signed on her desk and law.

Edited to give you the possible governor POV.

Either way, we can hope that she took into serious consideration that the RSA this bill was created to undo was in essence a Northern Jim Crow law.

But it is also possible she inked the veto days ago and it just hasn't been logged in by the SoS due to the holiday weekend.

 

[NHKevin]

According to the secretary of states office SB116 was delivered to the Governor's desk on June 29. I just got off the phone with the SOS office.

Did they say anything about the current status of the bill?