HB 1459-FN - AS INTRODUCED

2024 SESSION

24-2488

12/10

HOUSE BILL 1459-FN

AN ACT relative to policies that municipalities are preempted from enacting.

SPONSORS: Rep. Hynes, Hills. 2

COMMITTEE: Municipal and County Government

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ANALYSIS

This bill preempts municipalities from enacting ordinances relative to firearms, abortion, religion, and open containers of alcohol in public.

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

24-2488

12/10

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Twenty Four

AN ACT relative to policies that municipalities are preempted from enacting.

Be it Enacted by the Senate and House of Representatives in General Court convened:

1  New Section; Preemption; Firearms, Abortion and Open Containers of Alcohol in Public.  Amend RSA 31 by inserting after section 39-e the following new section:

31:39-f  Preemption; Firearms, Abortion, Religion and Open Containers of Alcohol in Public.  No municipality shall enact any ordinance, bylaw, rule, or other regulatory provision that applies to:

(a)  Firearms as defined in RSA 173-B:1, XI.

(b)  Abortions as defined in RSA 132:32, I.

(c)  Religion, religious practices, or places of worship, unless the regulatory provision equally applies to non-religious activities.

(d)  Alcohol as defined in RSA 175:1, III in open containers in public.  

2  Effective Date.  This act shall take effect 60 days after its passage.

LBA

24-2488

11/30/23

HB 1459-FN- FISCAL NOTE

AS INTRODUCED

AN ACT relative to policies that municipalities are preempted from enacting.

FISCAL IMPACT:      [    ] State              [    ] County               [ X ] Local              [    ] None

METHODOLOGY:

This bill preempts municipalities from enacting ordinances relative to firearms, abortion, religion, and open containers of alcohol in public.  The New Hampshire Municipal Association state this bill may impact the revenue generated by a local rule overseeing open alcohol containers.  However, most of this proposal duplicates the current statute and would have no fiscal impact.

AGENCIES CONTACTED:

New Hampshire Municipal Association