(CONCORD) The New Hampshire Senate overrode four of Governor John Lynch’s vetoes this afternoon, but sustained vetoes of bills requiring photo ID to vote and pulling the state out of the Regional Greenhouse Gas Initiative.

SB 3- New Hampshire Retirement System
The provisions of SB 3 were included as part of HB 2, the state budget.

Senator Jeb Bradley said passage will have no practical impact, since it has been superseded by the budget, but urged his colleagues to support and override in order to support continued reform of the New Hampshire Retirement System.

Senator Sylvia Larsen countered that the reforms passed under the budget prompted a four-fold increase in retirements from state and local employees looking to avoid tighter benefit requirements.

The Senate voted to override the veto on SB 3 along party lines, 19-5.

SB 57- Title Loan Lenders
This bill would ease state regulations on title loan lenders*. It would allow interest rates as high as 25% per month, rather then the current limit of 36% per year. This reflects the short-term nature of these loans. Supporters of the Title Loan industry claim that reasonable fees appear excessive if they were to be charged every month for a year, but that their customers simply need an advance to get them to their next paycheck.

In his veto message, Lynch argues that these short-term loans have a maximum term of ten months, and that if a family borrowed $500 for that full ten-month term, it would end up paying $687 in interest.

Senator Andy Sanborn argued that the bill would allow the title loan industry back into New Hampshire, while protecting consumers.  He says other financial products with higher interest rates are already allowed.  Senator Matt Houde supported the veto, restating his opposition to title loans.  He read from Lynch’s veto message that “legalizing excessive interest rates for title loans…would be detrimental to our families, our communities, and to our economy.”  He points out that every other New England state also limits title loans interest rates.

The Senate voted to override the veto on SB 57, 17-7.

SB 88- Self Defense
This bill changes the standard by which people can claim self-defense, or defense of others, when using deadly force. Current law prohibits the use of deadly force in a public place if the person threatened can safely retreat from the threat. SB 88 would remove this duty to retreat, even if the attacker was not using deadly force himself.

Law enforcement, and Governor Lynch, have argued that allowing people to use deadly force even if they can safely get away from a perceived threat would make it harder to prosecute criminals by shifting the burden of proof on to the police as to whether self-defense was warranted.

Senator David Boutin said that the right to self-defense is the most fundamental human right.  He says 31 other states allow the “Stand Your Ground” doctrine, that everyone has a right to self-defense without a duty to retreat.  He says law-abiding citizens deserve a strong self-defense statute, wherever they may be.

Senator Matt Houde countered that current law only prevents the use of deadly force if the person threatened can retreat in “complete safety” and that if there is any doubt, use of deadly force is allowed.  He says current law balances self-defense with protection of human life.  Senator Lou D’Allesandro also argued to sustain the veto, saying New Hampshire is the safest and healthiest state in the nation.

“I feel very comfortable with the current statute,” D’Allesandro added, pointing out that Manchester Police Chief David Mara and other law enforcement officers oppose expansion of the Castle Doctrine.

Senator Molly Kelly said she was trying to clarify the issue on SB 88, and said there was a lot of confusion on the bill.

“This legislation is not a gun law, but a law regarding an individual’s conduct,” Kelly argued.  ”SB 88 does not change the right of people in New Hampshire to own or carry a gun.  It changes the behavior that is acceptable from those who carry a gun.”

She says current law balances the right to keep and bears arms with the need for public safety.

Senator Jim Luther cited current law that says a person may not use deadly force if he can retreat in complete safety, and pointed out a story in today’s Union Leader where a man was shot while trying to retreat from an attack.  Senator Tom DeBlois says SB 88 allows people to take responsibility for their own safety, arguing that police may be on the scene of a crime to investigate what happened, but aren’t there in time to stop it.

Senator Sylvia Larsen supported the veto, citing opposition to the bill from law enforcement.  She says a similar change in Florida law lead to an escalation in justifiable shootings.  She argued current law already forces the state to disprove any claim of self-defense, and that people are free to defend themselves.

Senator Jeb Bradley says the bill is a “rather narrow” change to the law, which doesn’t change when deadly force is justified.  He says a person must reasonable believe that “unlawful deadly force” is going to be used, that “any unlawful force” is being used in a burglary, that a kidnapping or sexual assault will be committed, or that unlawful force will be used in commission of a felony in a person’s home.  Those standards would not change.

“It just changes the duty to retreat,” Bradley said.  ”No longer will you have to look around, see what your opportunities to retreat are, when faced with one of life’s most desperate situations.”

Bradley says while the Florida law may have increased the number of justifiable shootings, it also lowered overall crime to a 39-year low, with a double-digit drop in homicides and 60,000 fewer crimes per year.

The Senate voted to override the veto of SB 88, 17-7.

SB 91- Fire Suppression Systems
Current law allows local authorities to require the installation of automatic sprinkler systems in one and two-family homes. The bill would prohibit such local building codes. Supporters argue these regulations drive up the cost of home construction, and that homeowners and home buyers can decide if such expensive sprinklers are warranted. Governor Lynch argues in his veto message that cities and towns should retain the right to set local building standards.

Senator David Boutin argued that the state should not impose new regulations on homeowners.  He says the bill also addresses manufactured housing as it would prevent HUD approved manufactured housing from having to be rebuilt when it came into New Hampshire.

Senator Amanda Merrill supported the veto, saying that she understood concern over the cost of fire sprinklers, but that the Senate has shown a commitment to “workforce housing”.  She argued SB 91 “goes to far in tying the hands of our local officials.”  She says SB 91 is an unnecessary encroachment on local control.

Senator Sylvia Larsen says local officials know best when sprinkler requirements are necessary, and when they aren’t.

The Senate voted to override the veto of SB 91, 17-6.  Senator Russell Prescott abstained, citing Senate rules on conflict of interest.

SB 129- Voter ID
This bill would require all New Hampshire voters to provide a state-issued photo ID at the polls. Anyone not able to produce an ID could cast a provisional ballot, and could return later that week to prove they are who they say they are. Supporters argue that people must show the ID all the time, and that it is not unreasonable to prove your identity in order to vote. They claim an ID requirement will prevent voter fraud.

Governor Lynch casts the right to vote as fundamental, and being forced to show ID as an attempt to frustrate this right. Opponents of the bill have also rallied local election officials against the provisional ballot provision, which they say will impose new costs and duties at Town Halls across the state.

Senator Sharon Carson argues that 30 states require photo ID to vote.  She says New Hampshire is the only state that allows same-day voter registration without also requiring voter ID.  She says opponents points to few prosecutions for voter fraud in New Hampshire and conclude there isn’t a problem.

“There are hundreds of allegations of suspicious or fraudulent voting each year,” Carson said, but adds that without an ID requirement there is no way to prosecute these cases.

She says those without ID can still vote provisionally, and can get an official state ID for free if they don’t have a driver’s license.  She said it’s time for New Hampshire to adopt a voter ID law.

“It ensures that our election process remains clean and without fraud,” Carson concluded.

Sen. Lou D’Allesandro supported the veto.  He alluded to the days before the Voting Rights Act, and says New Hampshire got rid of its laws limiting access to the polls.

“We have an election process in this state that’s as good as any in the nation.  We encourage voter participation,” D’Allesandro argued, saying New Hampshire doesn’t have a voter fraud problem.

Senator Russell Prescott thanks Governor Lynch for vetoing SB 129 because of the provisional ballot measure.  He says he supports voter ID, but that the provisional ballot measure makes it more difficult to vote than to register to vote.  He says he plans to bring forward a clean voter ID bill this fall.

Senator Molly Kelly says if the premise of the bill is to address voter fraud, but that the Secretary of State and local election officials find no history of voter fraud.  She says the bill carries the potential for discrimination against voters, and that it is far-reaching and unnecessary.

Senator Ray White says this bill was a tough one for him.  He says the House added the provisional ballot measure in order to set aside potentially fraudulent votes, but says that complicates election procedures locally.  He says those flaws in the bill led him to sustain the Governor’s veto despite his support for voter ID.

Senator Carson also promised to introduce new legislation this fall to address the concerns of town clerks.

The Senate failed to override the veto on SB 129, by a vote of 7-17, with just seven in favor.

SB 154- RGGI Repeal
The bill would remove New Hampshire from the ten-state Regional Greenhouse Gas Initiative. Opponents say the program drives up electric rates in order to subsidize questionable environmental projects. Supporters say it reduces use of carbon dioxide emitting fossil fuels at a minimal cost to ratepayers. Governor Lynch writes that pulling out of RGGI would cost the state jobs, now and in the future, presumably by cutting off the revenues generated from the sale of RGGI auction allowances.

The bill also contains changes to the Shoreland Protection Act that were included in the State Budget, HB 2.

Senator Bradley says the bill addresses the validity of carbon trading programs, and urged his colleagues to support repeal.

Senator Amanda Merrill supported the veto and the RGGI program, but acknowledged that debate over the RGGI was useful to help improve it going forward.  She said municipalities, businesses, and homeowners benefits from the $32 million in grants that RGGI has handed out.

Senator Jim Luther argued that positive incentives work better than negative incentives.

“The markets are busted.  The RGGI credits are nearly worthless,” Luther said.  ”The last two auctions were terrible failures.  The markets are saying that this is a program that does not work.”

The Senate failed to override the veto on SB 154, 15-9.

SB 3, SB 57, SB 88, and SB 91 now head to the House, which has scheduled its own veto session next week.

The Senate also introduced, debated, and passed SB 198 along party lines 19-5.  The bill includes a pair of technical corrections allowing the Department of Health and Human Services to implement $8.3 million in savings included in the state budget in June.  The bill will allow DHHS to change how it calculates income eligibility under state assistance programs.

*The original post used the term Pay Day loans, which are different from Title Loans.