Revision: Dec. 14, 2011, midnight
HB 1406 – AS INTRODUCED
2012 SESSION
05/03
HOUSE BILL 1406
AN ACT relative to goods in intrastate commerce.
SPONSORS: Rep. Okerman, Rock 4; Rep. S. Tremblay, Rock 3
COMMITTEE: Commerce and Consumer Affairs
This bill provides that certain goods retained in New Hampshire shall not be subject to federal law or regulation under the commerce clause of the United States Constitution.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
12-2689
05/03
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twelve
AN ACT relative to goods in intrastate commerce.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Chapter; New Hampshire Goods Retained In-State. Amend RSA by inserting after chapter 359-L the following new chapter:
CHAPTER 359-M
NEW HAMPSHIRE GOODS RETAINED IN-STATE
359-M:1 Certain New Hampshire Goods Not Subject to Commerce Clause.
I. All goods produced or manufactured, whether commercially or privately, within the boundaries of the state that are held, maintained, or retained within the boundaries of the state shall not be deemed to have traveled in interstate commerce and shall not be subject to federal law, federal regulation, or the authority of the Congress of the United States under its constitutional power to regulate commerce. This chapter shall apply to goods that are manufactured within the state from basic materials or parts. The authority of the Congress of the United States to regulate interstate commerce in basic materials or parts shall not include the authority to regulate goods manufactured within the state from such materials or parts.
II. For purposes of this chapter, “produced” includes grown, mined, extracted, or created.
359-M:2 Exclusions. This chapter shall not apply to:
I. Any good manufactured within the state unless the words “Made in New Hampshire” are clearly stamped on an integral part thereof.
II. Any good produced within the state unless the words “Product of New Hampshire” are clearly stamped on the container or packaging of the good.
III. Any goods ordered, procured, or purchased by the United States government or by any contractor pursuant to any agreement with the United States government.
359-M:3 Applicability. This chapter shall apply to goods held, maintained, or retained within the boundaries of the state that have been produced or manufactured within the boundaries of the state on or after July 1, 2012.
2 Effective Date. This act shall take effect July 1, 2012.