It’s 2008, and the new year brought a number of fresh laws into effect in New Hampshire. From highly publicized bills, like the passage of civil unions, to lesser known mandates involving dog penalties and hunting regulations, the new laws will have varying degrees of impact on the average citizen’s daily life. But, after a full year with a Democratic majority in Concord, New Hampshire’s basic ideologies seem to be undergoing changes. While Republicans see the latest policy changes as evidence of a left-wing, “nanny state” government, Democrats feel they are making long-awaited and necessary changes for the betterment of the Granite State.

Surely the most controversial law to take effect this year was House Bill 437, which “permits same gender couples to enter civil unions and have the same rights, responsibilities, and obligations as married couples.” The state made available applications for civil union licenses beginning in early December, and a flood of applications followed. Dozens of homosexual couples entered into civil unions during ceremonies held just after midnight on the morning of Jan. 1.

Other major pieces of legislation that passed in 2007 include Senate Bill 42, which prohibits smoking in restaurants, cocktail lounges and other enclosed public spaces. The divisive smoking ban was approved in June and became effective 90 days later, on Sept. 17. Gov. John Lynch’s initiative to raise the required school attendance age from 16 to 18 also passed in June, although it will not become effective until July 2009. It may or may not be a coincidence that the high school dropout bill was numbered Senate Bill 18.

N.H. Republican Party Chairman Fergus Cullen feels that the new laws are symptomatic of a new idealism that swept into the state with its Democratic majority last year. During a phone interview last week, he used a few choice words to describe the current state legislature.

“Big government liberalism. The nanny state. Government knows best,” Cullen said. 

To many Republicans, the civil union bill, smoking ban and new dropout age reflect a direct assault on the basic values that have defined New Hampshire for decades. Cullen believes that the Democrats elected in 2006 have overstepped their campaign promises and made rash alterations to state policy.

“The passage of civil unions is an example of the New Hampshire Democrats being taken over by the far left wing. This is not an issue that people had campaigned on in 2006,” Cullen said. “You can be tolerant of other lifestyles and still be opposed to same sex marriage. Those of us who want to defend traditional families and traditional marriage feel that it is under attack by the far left wing.”

Democratic House Speaker Terrie Norelli, of Portsmouth, contests the idea that the passage of civil unions represents a significant change in New Hampshire’s ideals.

“I don’t see much of anything being impacted by this law in terms of the general public,” Norelli said. “With regard to the civil unions and people that claim that life will be altered, I would just ask them if life was altered when blacks were allowed to marry. Civil unions (are) about the commitment between two loving, caring individuals.”

Norelli also defends the smoking ban, which generated a fair amount of debate prior to its passage last summer. Although some residents and business owners were adamantly opposed to the bill, Norelli believes most people continue to support it.
“I have seen various studies and polls. The vast majority of New Hampshire citizens support a smoking ban,” she said. “I think this is something that the public wants, that the public supports. It’s good for public health.”

The ban, which has now been in effect for four months, remains a bitter subject for Cullen. Although he does not smoke himself, he feels that the ban illustrates Democratic efforts to limit personal freedoms and impose government mandates on policy.

“It’s always been the New Hampshire way so that individuals and small business owners decide what their policies should be. But the Democrats took over and decided that the government should tell individuals and small business owners what their policies must be,” he said.

Similarly, Cullen believes raising the high school dropout age eliminates choice and forces students to behave in a way that might not be in their best interest. Forcing disinterested kids to stay in school will only create disruptions for other students and distractions for educators, he argued. Instead of forcing teenagers to stay in school, he says, the legislature should focus on embracing charter schools and other voluntary alternatives that promote school choice.

To Dante Scala, associate professor of political science at the University of New Hampshire, the new laws pose an intriguing question about state politics.

“I guess what I wonder is, is it so much that the state has changed a lot and become significantly more liberal on social issues, or is this just another chapter in New Hampshire’s Libertarian political traditions?” Scala said.

While Cullen sees passage of the civil union bill as an indication of the legislature’s liberal leanings, Scala pointed out that it could be seen as an extension of New Hampshire’s commitment to personal freedoms. Under this view, civil unions conform to the idea that what people do with their personal lives is nobody else’s business—a quintessential “Live Free or Die” ideal.

The smoking ban is another matter. “You could argue, potentially, that that is kind of a creeping nanny state coming into New Hampshire politics—basically, that the smoking ban departs from New Hampshire political tradition,” Scala said.

However, Scala notes that, while the smoking ban passed in 2007, a bill requiring seatbelt use failed. It could be argued that, while smoking in bars and restaurants creates a public health issue that affects people other than the smoker, seatbelt use affects only the motorist or passenger and therefore falls under the realm of personal freedom.

Scala does not expect the legislature to push through as many significant bills in 2008 as it did in 2007. Come fall, state representatives will again have to campaign for reelection, and they might be more conservative about what radical legislation they support. 

“Typically, in an election year, you can expect a more cautious approach to legislation than in the first year after the election. That isn’t to say that things won’t happen this year, but my guess is Democrats aren’t going to want to be so adventurous in what they do this year,” Scala said.

Now for a rundown of some of the lesser known laws that became effective this month:

Norelli pointed to three bills that have received little attention but that she believes are important for New Hampshire. The first is Senate Bill 176, which is aimed at reducing lead paint poisoning in children. The bill lowers the acceptable level of lead in a child’s blood from 20 micrograms per deciliter to 10 micrograms per deciliter. If a child is reported to reach or exceed that threshold, the N.H. Department of Health and Human Services must investigate the child’s home, as well as any other housing units located in the same building as the child’s home, for sources of lead paint. The bill also establishes a commission to study childhood lead poisoning prevention.

“Currently, over 200 New Hampshire children are found to have elevated lead levels in their blood every year. So, this legislation is aimed at reducing instances of lead poisoning in children,” Norelli said.

Norelli also pointed to House Bill 723, which is aimed at helping seniors who are eligible to receive Medicaid-funded nursing home services explore home care alternatives. According to Norelli, the bill will help eligible people find home care options that are preferable to them and cheaper for the state.  

Finally, Norelli pointed to House Bill 428, which bans combustion of construction and demolition debris that emits toxic pollutants into the environment. The glues and resins contained in the treated wood components of many construction materials release harmful toxins when burned, Norelli explained. A temporary moratorium had already prohibited the burning of such debris, but the bill that became effective on Jan. 1 makes the ban permanent.

“The wood has certain toxins in it that are released into the air if it’s combusted, so this would prohibit the burning of the wood component,” Norelli said.

Another interesting law that took effect in January was House Bill 227, which enables victims of identity theft to file private legal action to cover any damages incurred as a result of the crimes. The judgment in such cases can also be used to correct public or private records tainted by the crimes. An action can be brought against the thief in the victim’s county of residence, regardless of whether the thief ever physically set foot in that county. The victim is entitled to $5,000 per incident or three times the actual damages, whichever is higher. However, the law does not apply to people who had their identities borrowed purely for the sake of purchasing alcohol.

Senate Bill 66 involves the involuntary commitment of sexually violent predators who are eligible for release from prison. The bill calls for a team of psychiatrists and psychologists with expertise regarding sexual offenders to evaluate whether people convicted of violent sex crimes meet the definition of “sexually violent predators.” If the team labels the prisoner as a sexually violent predator, it then must make a recommendation to the county attorney or attorney general about whether the individual should go through a period of involuntary civil commitment. The law also calls for convicted sex offenders to make two annual payments to the sex offender registration fee after their release from prison.

There is now more reason than ever not to resist arrest in New Hampshire. Not only are a rising number of police departments equipped with Tasers, but Senate Bill 128 enhances the penalties for injuring someone while resisting arrest. As of Jan. 1, an act of resisting arrest that results in serious bodily injury to another person results in a Class B felony charge, punishable by up to seven years in prison. A person guilty of resisting arrest without causing injury, by contrast, will face a misdemeanor charge, punishable by no more than one year in jail. But take note: “Verbal protestations alone shall not constitute resisting arrest or detention.”

It appears that New Hampshire is also making a concerted effort to crack down on unruly canines. Senate Bill 118 increases the fines for certain dog violations. Under the new law, a first “nuisance” offense results in a fine of $25, while a subsequent offense within one year of the first merits a $100 fine (nuisance offenses include running without a leash, barking for prolonged periods, excreting on private property, etc). A first “menace” offense will cost the pet owner $50, while a second offense within a year will cost $200 (menace offenses include growling, snapping at or chasing after people or motorists). A “vicious” offense warrants a fine of $100, while a subsequent offense within a year costs $400 for the hapless owner (vicious offenses include biting, attacking or preying on people or other animals).

Gone, too, are the days when you could shoot wild animals with tranquilizers for sport. As of Jan. 1, House Bill 658 made it illegal to hunt animals with “a tranquilizer propelled from a bow, crossbow or firearm.” Sandy Falicon, legislative coordinator of N.H. Fish and Game, said hunting with tranquilizers has not been a common problem in New Hampshire, but it has been a rising concern in some other states. The law does not apply to the executive director of N.H. Fish and Game or his authorized agents.

Also worthy of note is Senate Bill 234, which requires that National Guard members stationed in New Hampshire be treated as residents of the state. House Bill 169 makes it an unfair trade practice for insurers to underestimate the value of insurance claims; insurers or adjusters guilty of this practice will be subject to penalties under state law. Finally, people who miss work to care for disabled family members are now entitled to collect unemployment benefits under Senate Bill 195. 

For a rundown of new bills being proposed in current legislative sessions, check back with The Wire next week. All existing and pending bills can be viewed in full text at www.gencourt.state.nh.us.