2009-2010 House Rules
As of January 6, 2010
DUTIES OF THE SPEAKER
1. Calling the body to order.
2. Decorum, order and appeal.
3. Appointing committees.
4. Referral of bills, etc., to
committees.
5. Voting: conditions of.
6. Signing of bills, warrants,
subpoenas, etc.
7. Authority to clear gallery.
8. Designating a substitute to
preside.
DECORUM AND DEBATE
9. Members to be seated, and
activate voting stations.
10. Mason's Manual of Legislative Procedure
as parliamentary guide.
11. Members:
shall rise to address Speaker.
12. Members: first rising shall speak first.
13. Members:
speaking more than twice.
14. Members:
walking in front of podium prohibited.
15. Members:
questions of order.
16. Ethics
Guidelines.
17. Persons
permitted on floor/in anteroom during session.
18. Petitions.
19. Motions:
in possession of House.
20. Motions:
order of precedence; to table CACR; to Indefinitely Postpone; amendment as
substitute motion.
21. Previous
question.
22. Voting:
by voice, division and roll call; must be present when question put; seconding
roll call request; voting stations; members required to vote.
23. Tie
vote, question lost.
24. Leaving
seats prohibited during voting.
25. Reconsideration.
26. Objection
to reading paper/document.
27. Absences.
COMMITTEES AND THEIR DUTIES
28. Composition;
appointment.
29. Serving
in accordance with Ethics Guidelines.
30. Committee
names and duties.
31. Reporting;
meeting.
32. Designating
the chairman.
33. Committee
reports other than by bill.
34. Appointing
an additional committee.
BILLS
35. Filing
drafting requests; adjudication of disagreements.
1st-year
session: limitation and publication of killed bills.
2nd-year
session: drafting/introduction prohibition of legislation similar to that
indefinitely postponed, voted inexpedient to legislate or made the subject of a
statutory study committee in 1st-year session or retained in committee for
action.
36. Drafting
by Office of Legislative Services: preparation; fiscal notes; bill numbering;
state-agency bills; sponsors and limitation of; money bill definition; chapter
study committee duration and membership.
37. Drafting:
deadline reference.
38. Sign
off: deadline reference; 10-day period; failure to sign off; withdrawal of LSR
prior to introduction; withdrawal of bill following introduction..
39. Joint
resolutions.
40. Introduction
of bills prior to and after deadline; exceptions; by Rules Committee; by House.
41. Three
readings.
42. Clerk
to provide Chairman's copies, bill copies for distribution.
43. Hearings
and notices.
44. Reporting
of bills; committee reports; retained bills; Interim Study as a 2nd-year
report; printing of committee reports and amendments; Part I, Article 28-a
Constitutional compliance.
45. Amending
bills; non-germane amendments; majority reports considered first.
46. Bills
appropriating state money; affecting state revenues, fees, licensure and/or
certification, criminal penalties, state bonding authority; second-committee
referrals to Finance, Ways & Means, Executive Departments &
Administration, Criminal Justice & Public Safety, Public Works and
Highways; chairman may decline bill referral.
47. Budget
bill; Finance and Ways & Means working cooperatively.
48. Budget
bill briefings.
49. Committee
of conference reports.
50. Committees
must report bills; report of No Recommendation.
51. Consent
calendar.
52. House
rules suspension.
53. Rescinding
a House rule.
COMMITTEE OF THE WHOLE HOUSE
54. Formation;
chairman.
55. Procedure.
56. Rules
of procedure.
ORDER OF BUSINESS
57. Early
/late sessions; leaves of absence.
58. Unfinished
business.
OFFICERS AND PERSONNEL
59. Speaker
shall define duties of officers and personnel.
60. Expenditures
approval.
61. Security
officer.
62. Influencing
legislation, prohibition of.
MISCELLANEOUS
63. Deadly
weapons; electronic devices; cameras
DEADLINES
64. 1st-year
session (2009) ; 2nd – year session (2010)
COMMITTEE PROCEDURE
100. Chairman
and duties.
101. Members,
duties and attendance.
102. Excessive
unexcused absences.
103. Notice
of executive sessions.
104. Notice.
105. Quorum.
106. Voting
and disqualification.
107. Roll
call votes and recording.
108. Minutes
of meetings.
109. Permanent
records.
110. Open
meetings.
111. Mason's Manual of Legislative Procedure
as parliamentary guide.
DEFINITIONS
Resolutions:
four types.
DUTIES
OF THE SPEAKER
1. The
Speaker shall take the chair at precisely the hour to which the House has
adjourned and shall immediately call the members to order.
2. The
Speaker shall preserve decorum and order, may speak on points of order in
preference to other members, and shall decide questions of order. The decision of the Speaker on a question of
order shall be conclusive unless the decision is immediately appealed to the
House. The House shall decide the appeal
by a majority vote of those members present and voting.
3. The
Speaker shall appoint all committees unless otherwise directed by the House,
subject to the provisions of Rule 28.
4.
The Speaker shall refer all bills, resolutions, memorials, accounts, and other
matters coming before the House to the appropriate committees, unless otherwise
ordered by the House. The Speaker may
refer the same jointly to two committees or to a special committee. The Speaker shall refer a petition to a
committee only if the petition involves the election or qualifications of a
member to serve in the House.
5. The Speaker shall not be called on to vote
unless the vote would be decisive. If
the vote is tied after the Speaker has voted, the question shall be lost as
provided in Rule 23.
6. The Speaker shall sign all bills,
resolutions, and addresses after passage or enrollment. All warrants, subpoenas and other processes
issued by order of the House shall be signed by the Speaker and attested to by
the Clerk.
7. The Speaker or chairman of the committee of
the whole House shall have the power to order the gallery cleared in cases of
any disturbance or disorderly conduct.
8. The
Speaker shall have power to substitute any member to perform the duties of the
Chair. If absent, the Speaker shall designate a member to perform the
duties of the Chair unless otherwise ordered by the House.
DECORUM
AND DEBATE
9. When
the House is called to order, members shall take their seats and shall activate
their voting stations immediately. When
they leave their seats for any reason they shall deactivate their stations.
10. In
all cases not provided for by the Constitution, House Rules or Joint Rules,
Mason's Manual of Legislative Procedure, 2000 Edition, shall be the
parliamentary guide.
11. When
any member is about to speak in debate, make a motion, or deliver any matter to
the House, the member shall rise from his or her seat and respectfully address
the Speaker, declaring the purpose for which the member rises to speak.
12. In
all cases the member rising first shall speak first. When two or more members rise at the same
time, the Speaker shall name the person to speak. When many members choose to speak, they may
file their names with the Clerk, who shall supply the list to the Speaker. The Speaker shall name the order in which the
members shall speak.
13. No
member shall speak more than twice on the same question without permission from
the House. No member shall speak more
than once until every member choosing to speak has spoken.
14. While
the Speaker is putting a question or addressing the House, no one shall walk
out of or across the House. While a
member is speaking, no one shall pass between that member and the other members
of the House, nor shall anyone engage in private conversation.
15. If
any member transgresses the rules of the House, the Speaker shall, or any
member may, call the member to order.
The member called to order shall immediately sit down and the question
of order shall be distinctly stated by the Speaker.
16. In
all instances, every member shall act in conformance with the duly adopted New
Hampshire General Court Ethics Guidelines and opinions of the Legislative
Ethics Committee.
17. (a) The following persons shall be admitted
within the door of the Representatives’ chamber or anteroom while the House is
in session: House members and officers,
the Governor, Council members, the Secretary of State, the Treasurer, the
President of the Senate and the Senate Clerks.
(b) No other person shall be admitted within the
door of the Representatives’ chamber or anteroom while the House is in session,
except with the permission of the Speaker.
18. Before
any petition is received and read, the substance of the petition shall be in
concise form, and the name of the member presenting it shall be recorded on the
petition. The Speaker shall state the
substance of the petition in summary.
The petition shall be entered in the House Journal by title only and the
full petition shall be placed on file with the Clerk.
19. After
a motion is stated by the Speaker, it shall be in possession of the House, but
may be withdrawn at any time before an amendment.
20. (a) When any question is under debate, precedence
of motions shall be as follows:
(1) to adjourn;
(2) to lay on the table;
(3) for the previous question;
(4) to postpone to a certain day;
(5) to commit;
(6) to amend;
(7) to postpone indefinitely.
Motions
to adjourn, to lay on the table, for the previous question, and to take from
the table shall be decided without debate.
A motion to postpone to a certain day shall be debatable both as to time
and subject matter.
(b) No vote on a motion to lay on the table a
Constitutional Amendment Concurrent Resolution shall pass unless approved by an
affirmative vote of three-fifths of the entire House membership. No motion to indefinitely postpone a
Constitutional Amendment Concurrent Resolution shall pass unless approved by an
affirmative vote of three-fifths of the entire House membership.
(c) When a question is postponed indefinitely, that
question shall not be acted on during the same session, unless two-thirds of
those members present and voting vote in favor thereof.
(d) No new motion shall be admitted under color
of amendment as a substitute for the motion under debate.
21. (a) The Speaker shall put the previous question
in the following form: "Shall
debate now be limited?" and all debate on the main question shall be
suspended until the previous question has been decided. After the adoption of the previous question,
the sense of the House shall forthwith be taken on pending amendments, in their
regular order, and then on the main question.
(b) All incidental questions of order arising
after a motion of the previous question and related to the subjects affected by
the order of the previous question shall be decided without debate.
(c) If the previous question is decided in the
negative, it shall not again be in order for the particular question under
consideration until after adjournment, but the main question shall be left
before the House and disposed of as though the previous question had not been
put.
22. There
shall be three forms of deciding the question:
voice vote, division vote, roll call vote. No member shall vote in any
case if the member is not present when the question is put.
(a) The question put by voice vote shall be: "All those in favor of the question say
'aye,'" and after the affirmative vote is expressed, "Those of a
contrary opinion say 'no.'"
(b) A
division vote shall be taken if the Speaker doubts the voice vote or if a member
calls for a division vote. When a
division of the House is taken, the Speaker may appoint a teller for each
seating division of the House, who shall report to the Chair the state of the
vote.
(c) A roll call shall be taken when a member
moves for a roll call vote and that motion is seconded by 10 other
members. The member requesting the roll
call vote and the 10 members who second the motion shall notify the clerk in writing or shall rise from their
seats or otherwise be recognized by the Speaker. Whenever a roll call vote is requested and
properly seconded, members shall enter the chamber to take their seats and the
question shall then be put to the House.
(d) When a division or a roll call is taken, the
Speaker shall put the question and open the voting stations for not more than
30 seconds. Each member present at his
or her voting station shall press either the YES (Green) or NO (Red) button
unless excused by the House for a special reason. After closing the vote, the
Speaker shall rise and state the decision of the House.
23. In
case of a tie vote, the question shall be lost.
24. No
member shall leave his or her seat while the voting machine is in use and until
the Speaker announces the result of the vote.
25. No
vote shall be reconsidered unless the motion for reconsideration is made by a
member who voted with the prevailing side while the bill or resolution is in
the possession of the House.
(a) Notice of a motion for reconsideration shall
be in order only until noon on the next business day after the date that the
vote was taken.
(b) Any such notice of reconsideration shall be
effective for two legislative days only and thereafter shall be null and
void. The day when notice is served
shall be counted as the first legislative day, even if notice occurs while the
House is in recess or adjournment.
(c) When notice of reconsideration is received by
the House, the Clerk of the House shall hold the bill or resolution relative to
which such notice has been served until the expiration of the time within which
such notice is effective.
(d) Reconsideration of any bills subject to a
transfer date established by joint rules must be acted upon on or before the
joint rule deadline, and thereafter shall be null and void.
26. When
the reading of a paper or a document is objected to by a member, the question
shall be determined by a vote of the House without debate.
27. All
members shall attend to their duties in the House or committee, and no one
shall be absent from the service of the House or committee unless the member
has leave, or is sick and unable to attend.
COMMITTEES
AND THEIR DUTIES
28. The
membership on all standing committees of the House shall be divided between the
two major political parties in the same proportion that the House membership of
the majority party bears to the House membership of the minority party. No member shall serve on more than two
standing policy committees; membership on the Rules Committee shall not be
included for purposes of this calculation.
The appointments to committees for the majority party shall be made by
the Speaker and appointments to committees for the minority party shall be made
by the Speaker with the advice of the duly appointed minority party
leader. Notwithstanding the provisions
of this rule, the Speaker and the minority party leader may agree on a
different proportion for the membership of any particular committee.
29. Participation
on a committee by any member shall be in accordance with the New Hampshire
General Court Ethics Guidelines. If a
member chooses not to participate in a committee under the New Hampshire
General Court Ethics Guidelines, the Speaker may substitute another member.
30. The
following standing policy committees shall be appointed at the commencement of
any session and will consist of not more than 24 members, with the exception of
the House Finance Committee, which will have 25 members: Children and Family Law; Commerce and
Consumer Affairs; Criminal Justice and Public Safety; Education; Election Law;
Environment and Agriculture; Executive Departments and Administration; Finance;
Fish and Game and Marine Resources; Health, Human Services and Elderly Affairs;
Judiciary; Labor, Industrial and Rehabilitative Services; Legislative
Administration; Local and Regulated Revenues; Municipal and County Government;
Public Works and Highways; Resources, Recreation and Development; Rules;
Science, Technology and Energy; State-Federal Relations and Veterans Affairs;
Transportation; and Ways and Means.
(a) It shall be the duty of the Committee on Children and Family Law
to consider matters relating to children and youth, their rights, obligations,
and protection, including all matters covered by RSA 169-B, 169-C, and 169-D,
divorce, custody and child support; the application of criminal laws and
sentencing to children and such other matters as may be referred to it.
(b) It shall be the duty of the Committee on Commerce and Consumer
Affairs to consider all matters pertaining to commerce, banks and banking
institutions; insurance companies and contracts or insurance of any character; the
licensing of businesses to sell liquor; the needs of the business community;
all matters relating to consumer affairs and the economic conditions of
commerce and industry; all matters relating to the economic development of the
state, and such other matters as may be referred to it.
(c) It shall be the duty of the Committee on Criminal Justice and
Public Safety to consider all matters relating to the criminal code; criminal
justice, the Department of Corrections, sentencing, drug enforcement, bail,
probation, parole, corrections facilities, DWI, domestic violence, firearms,
fireworks, police and fire training, victims’ assistance and such other matters
as may be referred to it.
(d) It shall be the duty of the Committee on Education to consider
subjects relating to the regulation of school districts and schools; the
postsecondary college system; the University System of New Hampshire; matters
concerning education; and such other matters as may be referred to it.
(e) It shall be the duty of the Committee on Election Law to consider
all matters relating to the election laws of the state, including campaign
finance, the Ballot Law Commission, and redistricting, and such other matters
as may be referred to it.
(f) It shall be the duty of the Committee on Environment and
Agriculture to consider all matters concerning agricultural and farm problems
of the state, physical land use including current use, the various agricultural
organizations, the protection of the state's environment from forms of
pollution other than air or water pollution, waste management issues, and such
other matters as may be referred to it.
(g) It shall be the duty of the Committee on Executive Departments and
Administration to consider matters pertaining to the general administration of
state laws and changes therein; matters of policy pertaining to the executive
departments; matters relating to the New Hampshire Retirement System; matters
pertaining to the administration of professional licensing; review of
performance audits, and such other matters as may be referred to it.
(h) It shall be the duty of the Committee on Finance to examine and
consider the state of the treasury; to consider the budget, subjects concerning
the financial interest of the state, all measures carrying appropriations of
state money, except claims against the state and such other matters as may be
referred to it. Prior to the report of
the Finance Committee to the House, the Speaker may refer the budget of certain
self-sustaining state agencies to appropriate committees for study and
recommendation.
(i) It shall be the duty of the Committee on Fish and Game and Marine
Resources to consider all matters concerning conservation, improvement and
preservation of fish, game and non-game species and marine resources within the
state; and such other matters as may be referred to it.
(j) It shall be the duty of the Committee on Health, Human Services
and Elderly Affairs to consider all matters concerning the health of the inhabitants
of the state; vital statistics; medical and related professions; the
administration of welfare activities by the state government; matters relating
to the special needs of our elderly citizens and such other matters as may be
referred to it.
(k) It shall be the duty of the Committee on Judiciary to consider all
matters relating to the judicial system, right-to-know law, guardianships, life
and death (such as abortion or assisted death), landlord/tenant rights, civil
proceedings, tort law, forfeiture, immunity, and probate; and such other
matters as may be referred to it.
(l) It shall be the duty of the Committee on Labor, Industrial and
Rehabilitative Services to consider all matters relating to labor, wages, and
workers' compensation including unemployment compensation and incentive
programs, collective bargaining and binding arbitration; matters relating to
job retraining and employee rehabilitative services and other matters relating
to balancing the rights of employees to the needs of the industrial sector; and
such other matters as may be referred to it.
(m) It shall be the duty of the Committee on Legislative Administration
to consider all matters pertaining to the legislative process including
mileage, elections, the journal, house resolutions and screening; enrolling
bills; creation of statutory and chapter study committees and like entities
which address the legislature and its procedures; and such other matters
relating to legislative administration as may be referred to the committee. Any matter referred by the chairman to any
subcommittee may be reported by that subcommittee directly to the House unless
otherwise ordered by the chairman.
(1) It shall be the duty of the Subcommittee on
Elections to examine and report on the credentials of the members elected to
serve in the House and to consider all petitions and other matters in relation
to such elections or returns as shall be presented or come into question and
may be referred to it.
(2) It shall be the duty of the Subcommittee on
Mileage to determine the distance traveled by each member of the House and
report to the House the names of the several members and the mileage allowed to
each.
(3) It shall be the duty of the Subcommittee on
Enrolled Bills to carefully examine each bill, enroll it, and report it, on
behalf of the committee, to the body. If
the examination of a bill shall disclose any clerical error or formal
imperfection, it shall be reported back to the body with such amendments as are
required to correct the same; and any measures so reported shall be subjected
to amendment in those particulars and in no other respect.
(n) It shall be the duty of the Committee on
Local and Regulated Revenues to consider all matters relating to local revenue,
including fees; property taxes, including assessments, exemptions, credits and
abatements; the State Liquor Commission and the liquor laws of the state; the
State Racing and Charitable Gaming Commission; horse and dog racing; regulation
of gaming; the State Lottery Commission and the lottery laws of the state, and
such other matters as may be referred to it.
(o) It shall be the duty of the Committee on Municipal and County
Government to consider all matters pertaining to town, city and county
officers; changes in municipal and county government; the boundary lines of
towns, cities and counties; the creation of new towns, cities and counties; and such other matters as may be referred to
it.
(p) It shall be the duty of the Committee on Public Works and Highways
to consider all matters pertaining to the development and repair of public
highways; the Highway Fund; the Turnpike Fund; buildings and capital construction; the
capital budget; matters pertaining to state bonding authority; capital
expenditures related to the improvement and preservation of the coastline; the
care of state memorials and monuments; and such other matters as may be
referred to it.
(q) It shall be the duty of the Committee on Resources, Recreation and
Development to consider all matters relating to natural resources, water
pollution and control; parks and recreational areas; recreational industries;
matters concerning state controls on property development; and such other
matters as may be referred to it.
(r) It shall be the duty of the Committee on Rules to consider all
matters pertaining to House procedural rules and deadlines; and to recommend
rules of proper debate.
(s) It shall be the duty of the Committee on Science, Technology and
Energy to consider all matters pertaining to energy, telecommunications, air
pollution, the jurisdiction of the Public Utilities Commission, the application
of technological advances to the legislative process and the operation of state
government, to coordinate the flow of information about technical and scientific
matters to state and federal agencies and legislative committees, to monitor
legislation referred to other committees in order to make suggestions for
inclusion of technological improvements where warranted, and such other matters
as may be referred to it.
(t) It shall be the duty of the Committee on State-Federal Relations
and Veterans Affairs to consider all matters pertaining to the National Guard
and other military or veterans’ organizations within the state, potential actions by the U.S. Congress which
will have a major impact on the state and the New England region, and all
proposed resolutions petitioning the Congress on any matter; to maintain
communication with the congressional delegation; to serve as a liaison between
the New Hampshire House and the United States Congress and such other matters
as may be referred to it.
(u) It shall be the duty of the Committee on Transportation to
consider all matters pertaining to development, operation and regulation of all
means of air, land and water transportation, except for the capital improvement
and repair of public highways; the motor vehicle code; and such other matters
as may be referred to it.
(v) It shall be the duty of the Committee on Ways
and Means to examine and consider the state of the treasury; to consider and
report on all bills and resolutions relating to raising money by a state tax
and the apportionment of same; matters relating to taxes and fees on tobacco;
all dedicated funds except for the highway and turnpike funds; state fees, and
all methods of raising revenue for the state; and such other matters as may be
referred to it. The Committee on Ways
and Means shall report to the House in the form of a resolution its estimates
of state revenues on a periodic basis.
31. The
committees shall promptly consider and report on all matters referred to
them. It shall also be the duty of each
standing committee to review audits in the subject areas for which they are
responsible and to consider suggestions for recommended legislation identified
in such audits and monitor compliance with audit recommendations. In the case of performance audits, the
standing committee shall coordinate its review with the Committee on Executive
Departments and Administration. The
standing committees, or any special committees, shall meet during the session
in the respective committee rooms at such times as the committee may determine,
unless the House shall otherwise order.
No committee shall meet while the House is in session unless the Speaker
shall consider it necessary. The Speaker
may authorize any committee having a heavy workload to meet as needed on
non-legislative days.
32. The
first-named member of any committee appointed by the Speaker shall be chairman;
and in case of the chairman’s absence or being excused by the House, the
next-named member shall be chairman, and so on, as often as the case may
happen, unless otherwise ordered by the Speaker.
33. When
any committee shall report in a manner other than by bill, it shall, if the
subject permits, submit with its report resolutions calling for such action as
the committee shall recommend.
34. Whenever
it is not convenient for any standing committee to attend properly to all the
business which has been referred to it, the Speaker may, on a vote of the House
to that effect, appoint an additional committee on the same subject, to consist
of the same number of members as the original committee. The new committee's duty shall be to take
into consideration all matters in relation to the subject which has been
referred to it by the House, and to report thereon.
BILLS
35. (a) Rule 64 shall set the first day to file
requests for drafting of bills with the Office of Legislative Services,
including all supplementary or necessary drafting information. The Office of Legislative Services shall
identify LSRs in language which makes clear the intent of the bill. LSRs, with the name(s) of the sponsor(s),
shall be published by the Office of Legislative Services. The Speaker of the House shall adjudicate any
disagreement concerning the publication of LSRs that may arise between bill
sponsors and the Office of Legislative Services.
(b) The
Office of Legislative Services shall not accept a request to draft any bill
which is the same, or essentially the same, as any other drafting request
already accepted. If duplicate or
similar legislation is requested, the Director of Legislative Services shall
notify the sponsors of each filing request and mediate an agreement for the
filing of a single bill. Filing requests
resulting from legislative committee work shall take precedence over all other
duplicate or similar filings. The name
of the House member whose LSR request is denied due to duplication may be
substituted on request for that of the original sponsor if the original sponsor
withdraws the drafting request prior to the sign-off deadline.
(c) Notwithstanding (a) and (b), legislation may
be drafted and introduced upon receiving approval of a majority vote of the
House Rules Committee on the request of any member based on urgent or
compelling need or events unforeseen prior to the filing deadline, or on the
request of the majority of any policy committee, or by a two-thirds vote of
those House members present and voting.
(d) First-year
session:
In the first-year session, there shall be
no limitation on the subject matter of legislation introduced. As soon as possible after the end of the
first-year session, the Clerk shall publish in the House Calendar those bills
voted inexpedient to legislate or indefinitely postponed, those bills which
created study committees and those bills retained in committee for action in
the second year session. The listings
shall be in numerical order by bill number/title, and in committee order by
bill number/title.
(e) Second-year session:
In the second-year session, no bill or
resolution shall be introduced if it is substantially similar to any
legislation which was indefinitely postponed or voted inexpedient to legislate
by the House in the first-year session, unless it has been approved by a
majority of the House Rules Committee or a two-thirds vote of those House
members present and voting, whether as a bill, an amendment, a committee of
conference report or in any other manner.
A request shall not be accepted to draft any bill which is the same, or
essentially the same, as any bill voted inexpedient to legislate, indefinitely
postponed, made the subject of a statutory study committee in the first-year
session, or retained in committee for action, unless approved for drafting and
introduction by a majority vote of the House Rules Committee or a two-thirds
vote of those House members present and voting.
36. (a) All petitions, memorials, and other papers
addressed to the House and all bills and resolutions to be introduced in the House,
except those house resolutions not taking a policy position which are prepared
by the Clerk of the House, shall be
delivered or caused to be delivered to the Office of Legislative Services by
the member presenting them. The Office
of Legislative Services shall prepare those bills, resolutions, petitions,
memorials and other papers in proper form and shall present them to the
member(s) for signature. Legislative
Services shall give precedence in drafting legislation to any measure which
carries a fiscal note and all such legislation shall be prepared for signature
by the sponsor by the date specified in Rule 64.
(b) All bills, resolutions, petitions, memorials
and other papers addressed to the House, shall be endorsed with the name and
the district of the legislator presenting them.
All legislation shall be numbered serially according to type of
legislation introduced. Each bill shall
be marked on the first page “House Bill”; each joint resolution shall be marked
“House Joint Resolution”; each concurrent resolution proposing a constitutional
amendment shall be marked “Constitutional Amendment Concurrent Resolution”;
other concurrent resolutions shall be marked “House Concurrent Resolution”; and
each house resolution shall be marked “House Resolution.”
(c) When a bill is requested by any state agency, the name of
the agency requesting it shall appear in the bill analysis.
(d) No LSR number shall be assigned and no House bill shall be
drafted unless the LSR or bill has a House sponsor. No more than 5 House members shall be allowed
to sponsor any bill or floor amendment.
No more than 5 Senate members shall be allowed to co-sponsor legislation
originating in the House. If more than
five House members wish to be sponsors, the person who first requested the
drafting of the bill, house resolution, concurrent resolution, joint
resolution, or constitutional amendment‑concurrent resolution shall
determine the names of the 4 co-sponsors whose signatures are required for
introduction. Other House members may be
added as co-sponsors by notifying the Clerk prior to the date of the first
public hearing on the proposal, and their names shall be recorded in the
permanent journal of that session.
(e) If a drafting request for a bill or resolution, filed with the
Office of Legislative Services, requires a fiscal note as provided in RSA
14:44-47, the substance or a draft of the proposal may be provided to the
Legislative Budget Assistant for preparation of the required fiscal note
without the specific consent of the sponsor of the proposal.
(f) For
the purposes of these rules, money bills are those that either appropriate
money or affect state revenues, whether new or existing.
(g)
Any study committee, commission, task force or any other like entity
created and/or authorized by chapter law shall file its report and dissolve by
November 1st of the second-year session. Only legislators shall be members of any such
entity.
37. Every request by a member of the House for
drafting a bill, house resolution taking a policy position, concurrent
resolution, constitutional amendment-concurrent resolution, or joint resolution
other than the general budget or the capital budget bill, which complies with
these Rules, shall be accepted by the Office of Legislative Services for processing
no later than the date specified by Rule 64. Each request shall be accompanied
by sufficient information necessary for drafting. This deadline shall not apply to house
resolutions which do not propose policy positions.
38. (a) The sign-off deadlines set by Rule 64 shall
supersede the time limits set forth in this Rule.
(b) The sponsor of any legislation shall sign it
for introduction within 10 calendar days after the draft legislation is mailed
to the sponsor for approval, whether or not the fiscal note has been
prepared. If the 10th day falls on a
Saturday, Sunday, or holiday, the 10-day
period shall expire on the subsequent working day. The Director of the Office of Legislative
Services may withdraw any legislation when the sign-off deadline has not been
met. The sponsor's name shall be
published at least once on the "signatures needed" list in the House
Calendar within the sign-off period. If
the sponsor requests a redraft within the sign-off period, the sponsor shall
sign the legislation for introduction within 10 calendar days after the redraft
has been mailed to the sponsor. No more
than one redraft per LSR may be requested during the last 10 days prior to the
sign off-deadline. The sign-off deadline
in section (a) shall supersede the time limits set forth in this section.
(c) If the primary sponsor signs the legislation
in time for introduction, but one or more co-sponsors fails to sign, the
legislation shall be introduced in the names of those sponsors who have
signed. If the primary sponsor fails to
sign the legislation in time for introduction, a co-sponsor may become the
primary sponsor. If the primary sponsor
fails to sign, and no co-sponsor wishes to become the primary sponsor, the
legislation may not be introduced.
(d) An LSR may be withdrawn at any time prior to
its introduction with the consent of all of its sponsors by filing a written
request, signed by the sponsor and all co-sponsors, with the Clerk of the
House.. Any sponsor may request that his
or her name be deleted as a sponsor of the bill prior to its introduction.
(e) Following its introduction, a House Bill,
House Concurrent Resolution, House Joint Resolution House Resolution or House
Constitutional Amendment Concurrent Resolution may be withdrawn only by a vote
of the House prior to any public hearing on the measure. A request to withdraw shall be filed in
writing with the Clerk of the House and shall be signed by the prime sponsor
and all co-sponsors. Such a request must
be filed with the Clerk prior to noon of the second legislative day of the
session, and shall be taken up by the House prior to or during the early
session of the third legislative day.
39. All joint resolutions shall be treated in the
same manner as bills.
40. House Bills, House Joint Resolutions, House Constitutional Amendment Concurrent Resolutions, House Concurrent Resolutions and House Resolutions proposing that the House take a policy position may be introduced at any time prior to any deadline established by the House for their introduction. Exceptions:
(a) Notwithstanding any other provisions of the
Rules, a House Bill, House Joint Resolution,
House Constitutional Amendment Concurrent Resolution, or House Concurrent
Resolution may be introduced into the House at any time prior to the crossover
date specified in Rule 64, if approved by either a majority of the Committee on
Rules, or a two-thirds vote of those House members present and voting; and
(b) House Resolutions proposing that the House
take a policy position may be introduced into the House at any time after the
deadline for introduction of bills and resolutions if approved by either a
majority of the Committee on Rules, or a two-thirds vote of those House members
present and voting.
41. Every
bill, resolution, joint resolution, and concurrent resolution proposing that
the House take a policy position shall have three separate readings in the
House prior to its passage. The first
and second readings and referral to committee shall be by title only which may
be accomplished by a single motion. No
bill or resolution after it has been
read a second time shall have a third reading until after adjournment from the
early session. The time assigned for the
third reading of bills, resolutions, and joint resolutions shall be in the late
session unless otherwise ordered by the House.
The orders of the day for the reading of bills shall hold for every
succeeding day until disposed.
42. After
each bill has been numbered and referred by the Speaker to the appropriate
committee, the Clerk shall provide a copy to the committee chairman and procure
a sufficient number of copies for distribution.
43. A
hearing shall be held on each bill referred to a committee. Notice of committee action shall be posted as
follows:
(a) Public hearings shall be advertised in the House Calendar no less
than 4 days prior to a hearing.
(b) Executive sessions shall be advertised in the House Calendar no
less than 2 days prior to committee action or announced on the floor of the
House by the Chairman of the appropriate committee.
(c) All other committee or subcommittee meetings at which decisions
are made or information is received shall be advertised in the House Calendar
or, if scheduled after the calendar deadline, shall be posted in the Clerk's
Office and outside the committee room at least 24 hours prior to the meeting.
(d) When requested by the President of the
Senate, the Speaker may authorize and direct the appropriate House committee or
committees to sit with the appropriate Senate committee or committees at a
public hearing of any Senate bill, and no further public hearing on such bill
shall be required when such bill is received subsequently in the House from the
Senate.
44. (a) All
bills in the possession of committees shall be reported out by the date
specified in Rule 64 with one of the following recommendations: Ought to Pass,
Ought to Pass with Amendment, Inexpedient to Legislate, Refer for Interim
Study, or Recommended but to be Laid Upon the Table Because of Funding. All bills retained by a vote of the committee
for action in the second year session shall be included on a list provided to
the House Clerk on or prior to the deadlines specified in Rule 64. Refer for Interim Study shall be a committee report
only in the second-year session. The
Committee, as its Interim Study final report, shall submit its findings and any
recommendations.
(b) All committee reports on bills shall be
printed in the House Calendar at least once prior to the date listed for floor
action. If a bill is reported favorably
with an amendment, the committee report shall describe the bill as
amended. The amendment shall be printed
in the House Calendar.
(c) All bills retained in
committee for action shall be acted on during the second-year session.
(d) No committee shall report with a positive
recommendation any bill or resolution which would, if enacted, be a violation
of Part I, Article 28-a of the N. H. Constitution. The vice chairman or another member of each
committee shall review all pending legislation and shall advise the chairman
and the members of all legislation before the committee which should be
reviewed in terms of this Rule.
45. (a) No amendment shall be made until the second
reading of a bill. All amendments to
bills shall be prepared by the Office of Legislative Services, with the name of
the member and the district represented by the member or the name of the policy
committee proposing the amendment.
(b) No amendment shall be added to any bill,
resolution, joint resolution or concurrent resolution which is not germane to
the subject matter of the legislative document as referred to the Committee,
unless the language of the amendment has already been passed by the House in
the current session or the amendment has been the subject of a duly noticed
public hearing advertised in the House Calendar or, if scheduled after the
calendar deadline, posted in the Clerk's Office and outside the committee room
at least 24 hours prior to the meeting.
Copies of the amendment shall be available at the Sergeant-at-Arms
office at least 24 hours prior to the scheduled hearing.
(c) When a bill comes before the House, the body
shall first consider the printed majority report of the committee. The Speaker shall not permit a motion to
substitute any permitted alternative report for the Committee Report until the
House has properly disposed of the majority report.
46. (a) All bills and joint resolutions appropriating
state money shall, if approved by the House when reported by the appropriate
policy committee, be referred to the Committee on Finance. All bills and joint resolutions affecting
state revenues may, if approved by the House when reported by the appropriate
policy committee, be referred to the Committee on Finance. If such bills have been referred to the
Committee on Finance after report by another standing committee, the Committee
on Finance may report separately and no further hearings shall be required by
the Committee on Finance. Hearings on
bills assigned to the Committee on Finance may at the discretion of the
chairman be assigned to and held by the division of the committee to which the
bill is assigned and no further hearing may be required.
(b) All bills and resolutions affecting state revenues and fees shall,
if approved by the House when reported from the appropriate policy committee,
be referred to the Committee on Ways and Means
(c) All bills and resolutions addressing licensure and/or
certification shall, if approved by the House when reported by the appropriate
policy committee, be referred to the Committee on Executive Departments and
Administration for a further report on the effect of the passage f such a bill or resolution. All those bills requiring agencies to adopt
rules pursuant to RSA 541-A shall, if approved by the House when reported by
the appropriate policy committee, be referred to the Committee on Executive
Departments and Administration for a further report on the effect of the
passage of such bill or resolution on rulemaking pursuant to RSA 541-A.
(d) All bills and resolutions affecting
criminal penalties, if approved by the House when reported by the appropriate
policy committee, shall be referred to the Committee on Criminal Justice and
Public Safety.
(e) All bills affecting state bonding
authority, if approved by the House when reported by the appropriate policy
committee, shall be referred to the Committee on Public Works and Highways.
(f) The chairmen of committees receiving a bill
or referral as outlined in this rule with the approval of the Speaker may
decline the referral of any bill from another committee or, notwithstanding the
provisions of Rule 43 (a), waive the public hearing on any bill referred from
another committee.
(g) Nothing in this section shall require a bill
be referred to more than one second committee.
47. Any
budget bill reported by the Committee on Finance shall contain a balanced
spending plan. In the second-year
session, the Committee on Finance shall hold hearings on proposed changes to
the State spending plan for the current biennium and may submit a supplemental
budget bill. The Committee on Finance
shall work closely in cooperation with the Committee on Ways and Means at
mutually agreed periodic times in determining the state income available for
budgeted purposes.
48. (a) There shall be a detailed briefing on the
general budget bill presented to the House at least two days before final
action is taken on such a bill.
(b) There shall be a detailed briefing on Senate
changes to the House version of the general budget bill presented to the House
membership by the second session day after the establishment of a Committee of
Conference. The purpose of such a
briefing will be to inform the House of the Senate position on the bill and to
provide a sense of the House on that position as advisory guidance to the House
conferees.
49. (a) Whenever there is any disagreement between
the House and the Senate on the content of any bill or resolution, and whenever
both bodies, voting separately, have agreed to establish a committee of
conference, the Speaker shall appoint four members to the House conference
committee. Exceptions: (1) the House
committee of conference on the operating budget shall consist of five members;
and (2) the number of members of the committees of conference on any bill may
increase or decrease if the presiding officers of both the House and the Senate
agree.
(b) The first-named person from the body where
the bill or resolution in disagreement originated shall have the authority to
call the time and place for the first meeting of the committee of conference on
said bill..
(c) The first-named House member on a committee
of conference shall be the chairman of the House conferees. The chairman of the committee of conference
of the body where the bill or resolution in disagreement originated shall chair
the joint meeting(s) of the committee of conference.
(d) A committee of conference report analysis for
all bills and resolutions in conference shall be prepared by the first-named
House member on each conference and shall be printed in the House Calendar.
(e) A committee of conference report may be
placed on the Consent Calendar only by a unanimous vote of all House conferees.
(f) No action shall be taken on any committee of
conference report earlier than some subsequent day after the report has been
delivered to the members’ seats.
(g) A committee of conference may neither change
the title of any bill submitted to it nor add amendments which are not germane
to the subject matter of the bill as originally submitted to it. For the purpose of this rule, a non-germane
amendment is any subject matter not contained in either the House or Senate
version of the bill.
(h) The prime sponsor of any bill or resolution
referred to committee of conference shall, upon request, be granted a hearing before
said committee prior to action on the bill or resolution.
(i) A member of a committee of conference who
has been removed for any reason and replaced with another member of the House
shall have his or her name appear on the committee of conference report with a
strike-through showing the individual is no longer a member of the committee of
conference.
50. All
committees must report all bills referred to them seven days prior to any
deadline for the House to take action unless otherwise provided in Rule
64. Any bill not reported shall be
placed on the calendar by the Speaker with a report of No Recommendation and
the reference to committee shall be revoked.
51. No
bill shall be on a Consent Calendar unless the committee to which the bill was
referred approves its placement on the Consent Calendar by a unanimous vote in
executive session. Any member may
request removal of any bill listed on the Consent Calendar. Any bill removed from the Consent Calendar
shall be taken up at the conclusion of the Regular Calendar. All matters remaining on the Consent Calendar
shall be acted upon without debate.
52. No standing rule of the House shall be
suspended unless two-thirds of the members present vote in favor thereof. A motion to suspend the rules is debatable.
53. No
rule shall be rescinded unless two days notice of a motion has been given and
two-thirds of House members present vote therefor.
COMMITTEE OF THE WHOLE HOUSE
54. The House may resolve itself into a committee
of the whole at any time on the motion of a member made for that purpose. In forming a committee of the whole House,
the Speaker shall leave the chair, and a chairman to preside in committee shall
be appointed by the Speaker.
55. When
a bill or a resolution is committed to a committee of the whole House, the
entire bill or resolution shall first be read by the Clerk, and then again read
and debated by clauses, leaving the preamble of the bill to be considered
last. The body of the bill or
resolution shall not be defaced or interlined, but all amendments, noting the
page and line, shall be duly entered by the Clerk on a separate paper, as they
are agreed to by the committee and so reported to the House. After reporting, the bill or resolution shall
again be subject to debate and amendment by clauses before a question to pass
it to a third reading is taken.
56. The
rules of proceeding in the House shall be observed in the committee of the
whole House, as far as they may be applicable, except the rule limiting the
time of speaking.
ORDER OF BUSINESS
57. (a) The order of business in the early session
shall be as follows:
1. Prayer by the Chaplain, pledge of
allegiance and leaves of absence if received before the start of the
legislative day;
2. Introduction of guests;
3. Petitions of members;
4. Consideration of unfinished
business;
5. Introduction, first and second
reading and referral of bills;
6. Messages from the Senate, the
Governor and the Secretary of State;
7. Consideration of Consent Calendar
items;
8. Reports from standing and select
committees;
9. Resolutions, motions and notices;
10. Adjournment from the early session.
(b) The order of business in the late session
shall be as follows:
1. Third reading of bills, resolutions
and joint resolutions;
2. Resolutions and motions;
3. Personal privilege.
4. Adjournment to a date certain.
(c) The order of business listed in this rule
shall be adhered to unless otherwise ordered by a majority of those members of
the House present and voting.
(d) Leaves of absence may be granted by the House
at any time.
58. The
unfinished business in which the House was engaged at the last preceding
adjournment, if called for by any member, shall have preference over all other
business except the general order of the day; and no motion, or any other
business except the general order of the day, shall be received without special
leave of the House, until the former is disposed.
OFFICERS AND PERSONNEL
59. The
elected and appointed non-member officers and personnel of the House shall be
under the direction of the Speaker, who shall define their duties not fixed by
statute or otherwise ordered by the House.
60. No
officer or employee of the House during the session or any adjournment thereof
shall purchase or contract to purchase, pay or promise to pay any sum of money
on behalf of the House or issue any requisition or manifest without securing
the approval in writing of the Speaker of the House or designee.
61. The
Speaker may appoint an individual trained and experienced in security matters
or law enforcement work, who, under the supervision and direction of the
Speaker, shall prevent the deliberations of the House from being disrupted or
interfered with by any person or persons not members thereof.
62. No
employee or attaché of the House Sergeant-at-Arms shall, directly or
indirectly, be personally involved with or attempt to influence the passage or
consideration of any measure whatsoever.
If any such employee or attaché becomes involved with any such measure,
it shall be grounds for summary dismissal.
MISCELLANEOUS
63. No person, including members of the House,
except law enforcement officers while actively engaged in carrying out their
duties as such, shall carry or have in possession any deadly weapon as defined
in RSA 625:11, V while in the House Chamber, anterooms, cloakrooms, or any
portion of the State House adjacent to any of the above. Any person in violation of this rule shall be
subject to ejection from any such premises on the order of the Speaker and
disciplinary action or arrest or both by action of the House. Nothing in this rule shall indicate that the
security officer appointed by the House under Rule 61 has the right to stop and
search a member of the House on the premises of the House. With the exception of devices for the hearing
impaired, no member shall operate audible electronic transmitting and/or
receiving devices nor shall any member operate a video camera or a camera
utilizing flash bulbs on the floor of the House, while the House is in session.
DEADLINES
64. Legislative action in the first-year
session shall be subject to the following deadlines:
Friday, January 9, 2009, noon Last day to sign-off House LSRs, including requests for petitions other than petitions involving the election or qualifications of a member to serve in the House
Wednesday, January 28, 2009 Last day to introduce House Bills
Last day to amend House Rules by majority vote
Thursday, February 19, 2009 Last day to report House bills going to a second committee
Thursday, March 5, 2009` Last day to act on House bills going to a second committee
Thursday, March 19, 2009 Last day to report all House bills not in a second committee, except budgets
Thursday, March 26, 2009 Last day to act on all House bills not in a second committee, except budgets
Thursday, April 2, 2009 Last day to report all remaining House bills..
Last day to report list of retained House bills.
Thursday, April 9, 2009 Last day to act on House bills CROSSOVER
Thursday, April 30, 2009 Last
day to report Senate bills going to a second committee.
Thursday, May 7, 2009 Last day to act on Senate bills going to a second committee.
Thursday, May 28, 2009 Last day to report all remaining Senate bills
Last day to report list of retained Senate bills.
Thursday, June 4, 2009 Last day to act on Senate bills
Wednesday, June 10, 2009 Lat day to form Committees of Conference
Thursday, June 18, 2009 Last day to sign Committee of Conference reports
Thursday, June 25, 2009 Last day to act on Committee of Conference reports
Monday, September 21, 2009 First day to file legislation for the 2010 Session
Friday, September 25, 2009 at 4 pm Last day to file legislation for the 2010 Session
Thursday, November 12, 2009 at 4 pm Last day to sign off on 2010 legislation
Wednesday, December 2, 2009 Last day for committees to report retained bills
Legislative action in the second-year session shall be subject to the following deadlines:
Wednesday, January 6, 2010 Last day to introduce House bills for the 2010 Session
Thursday, February 4, 2010 Last day to report House bills going to a second committee
Thursday, February 11, 2010 Last day to act on House bills going to a second committee
Thursday, February 18, 2010 Last day to report House bills not in a second committee
Thursday, March 18, 2010 Last day to report all remaining House bills
Thursday, March 25, 2010 Last day to act on House bills; CROSSOVER
Thursday, April 15, 2010 Last day to report Senate bills going to a second committee
Thursday, April 22, 2010 Last day to act on Senate bills going to a second committee
Thursday, May 6, 2010 Last day to report all Senate bills
Thursday, May 13, 2010 Last day to act on Senate bills
Thursday, May 20, 2010 Last day to form Committees of Conference
Thursday, May 27, 2010 Last day to sign Committee of Conference reports
Wednesday, June 2, 2010 Last day to act on Committee of Conference reports
RULES OF COMMITTEE PROCEDURE
100. Committee
Chairman; Duties.
The duties of each committee chairman, appointed pursuant to
House Rule 32, shall be the following:
(a) To
preside at all meetings of the committee;
(b) To
call the meeting to order at the time and place designated by the meeting
notice;
(c) A
quorum being present, to cause the committee to proceed with its business in
the proper order according to the agenda and to announce the business before
the committee as it proceeds with such business;
(d) To
preserve order and decorum and to speak on points of order, in which case the
chairman shall have preference over other members;
(e) To
decide all points of order, subject to appeal to the committee;
(f) To
explain or clarify any rule of procedure upon request;
(g) To
state, or direct the clerk to state, each motion as it is made;
(h) To
recognize members;
(i) To
state and put to a vote all questions requiring a vote or upon which a vote is
ordered and to announce the vote;
(j) To
appoint the chairman and all members of all subcommittees;
(k) To
assign duties and responsibilities to the vice-chairman of the committee;
(l) To
sign all documents which require the chairman’s signature;
(m) To
arrange for the posting and filing of committee notices;
(n) To
supervise and be responsible for the preparation of committee reports and
supplements;
(o) To
submit requests to the Speaker for committee members’ attendance at and travel
to off-site meetings;
(p) To
have custody of all legislative documents and reports referred or submitted to
the committee during the legislative session;
(q) To
transmit to the Clerk each legislative document and report which the committee
has: 1) reported, or 2) been discharged from considering, or 3) been ordered to
report;
(r) To
carry out all other duties as may be required.
101. Members,
Duty to Attend Meetings; Attendance Record.
It
shall be the duty of committee members to attend and participate in all
committee meetings. A record of the
members present and the members absent at each committee meeting shall be maintained. The chairman shall be responsible for
assuring that this record is maintained and shall notify the Speaker of
excessive unexcused absences.
102. Excessive
Absences.
Each
committee chairman may request the Speaker to remove from committee membership
any member of the committee whose absences from committee meetings are judged
to be excessive in number.
103. Notice of Executive Sessions.
Notice
of all executive sessions at which a recorded vote will be taken shall be given
by notification in the House Calendar at least two days prior to said executive
session, or notification by the Chairman of the appropriate committee on the
floor of the House.
104. Notice; Contents.
Each
meeting notice shall contain the following information:
(1) the time and place of the meeting;
(2) the matters proposed for consideration;
(3) any other information which the committee deems pertinent.
105. Quorum Required to
Transact Business.
The
presence of a quorum, defined as a majority of each committee, shall be required
for a committee to transact business and no official action shall be taken by a
committee unless a quorum is present.
106. Vote Required for
Committee Actions; Members Disqualified.
The
approval of a majority of the quorum present shall be required for a committee
to decide a question or to take official action on any matter; provided
however, that a member who has filed a Declaration of Intent pursuant to the
Ethics Guidelines that the member will not participate, shall not be required
to vote and shall not be counted for purposes of determining the number
necessary or for establishing a quorum to act on that question.
107. Roll Call,
Recorded Votes Required.
At each legislative committee meeting,
final action on any bill or resolution shall be by roll call. All roll call votes shall appear in the
records of the committee as otherwise provided in these rules. In all roll call votes the names of the
members voting for the motion, the names of the members voting against the
motion, and the names of members not participating because of a conflict of
interest, or absent shall be recorded.
If a member is present when the question is put, he or she must vote
when called unless the member is not participating pursuant to the New
Hampshire General Court Ethics Guidelines.
108. Minutes of
Meetings Required; Contents.
Minutes
of each meeting shall be kept by the committee clerk or under the direction of
the clerk and they shall constitute a written record of committee proceedings
at such meeting. The minutes shall
contain:
(a) The
time and place of the meeting of the committee;
(b) The
members present or absent;
(c) The
names and addresses of all persons appearing before the committee with the
names and address, if any, of the person, firm, corporation or association in
whose behalf the appearance is made;
(d) The
bills, resolutions or other matters considered;
(e) Action
of the committee, including final action of the committee with respect to each
bill or resolution on which the committee makes a report to the House;
(f) The
vote of each member on each bill or resolution, matter or motion considered by
the committee on which a roll call vote is taken;
(g) The
important points made by each witness at a public hearing and by each member of
the committee, insofar as possible.
109.
Permanent Committee Records; Disposition.
(a) The
permanent records of the committee shall include a file of the public record on
each bill or resolution received by the committee. The public record on each bill or resolution
shall include minutes of all committee and subcommittee meetings, a copy of the
original document, a copy of committee amendments proposed by a member, whether
adopted or not, and the disposition thereof; a copy of any fiscal note,
actuarial note or notice attached to a bill or resolution at the time of
committee consideration; all prepared statements which have been filed with the
committee by members or interested parties.
Only paper copies of letters, statements or other documents delivered by
a member or other interested party to the committee chair, vice chair or
committee clerk in hand or by US or commercial mail shall constitute a filing
with the committee and made part of the public record.
(b) The
permanent records of the committee shall be kept by the House Clerk in a place
designated by the Speaker.
110.
Open Meetings.
All
meetings of any committee of the House and Senate shall be open to the public
subject to the provisions of N.H. RSA 91-A.
111. Back-Up Rules.
In
such cases where New Hampshire House Committee rules are silent, "Mason's
Manual of Legislative Procedures," 2000 Edition, shall be the
parliamentary guide.
* *
* * * *
DEFINITIONS
RESOLUTIONS
Resolutions are the formal expressions of
the opinions and wishes of the legislature.
There are four types: joint resolutions, concurrent resolutions, simple
resolutions, and constitutional amendment-concurrent resolutions (CACRs). Joint resolutions, concurrent resolutions and
CACRs must be approved by both branches of the legislature, while simple
resolutions are considered only by the body of introduction. All resolutions take effect upon passage, so
they often are used to meet emergency situations.
(a) JOINT RESOLUTION:
A joint resolution is one which has the
force and effect of law, and as such must pass both the house and senate and be
signed by the governor. The
constitution, Pt. II, Art. 45, provides that joint resolutions shall be treated
as bills.
Joint resolutions are introduced and
considered in the same manner as bills, except that they can only be used for
temporary provisions. Joint resolutions
cannot be used to amend the public or private laws of New Hampshire (the RSA or
the session laws), but they can be used to appropriate money for limited
purposes; to establish temporary study committees; and to make adjustments in
the state retirement system for certain individuals. Because a joint resolution is effective upon
passage, it is useful for supplemental or deficiency appropriations, but such
appropriations may not extend beyond the second fiscal year of the
biennium. As with other appropriations,
if a resolution makes an appropriation from the general fund the governor must
be authorized to draw [his] a warrant for the sums appropriated.
(b) CONCURRENT RESOLUTION:
A concurrent resolution is acted on by
the house or senate and sent to the other house for approval but is not sent to
the governor for signature. Therefore,
it does not have the effect of a law, and it is important to note that it can
not be used to appropriate money.
Concurrent resolutions may be used to put the legislature on record as
supporting or disavowing some aspect of national or state policy. Also, a concurrent resolution may be utilized
to express appreciation to some individual or group.
(c) SIMPLE RESOLUTION:
A simple resolution is one which is
considered by the legislative body in which it is introduced and is of interest
to only that body. Neither house nor
senate resolutions have the effect of law.
They are written to show appreciation to some individual or group, to
ask the supreme court for an advisory opinion on a bill originating in that
body, to express sympathy for an individual's death or illness, or, in a
lighter vein, to commemorate an event affecting one of the members.
(d) CONSTITUTIONAL AMENDMENT-CONCURRENT
RESOLUTION:
An amendment to the constitution may be
proposed by the legislature, as well as a constitutional convention. N. H. Const. Pt. 2, Art. 100. Each body must approve the CACR by a three-fifths
vote of the entire membership, then be submitted to the voters at the next
biennial November election. The CACR
must be approved by two-thirds of the qualified voters present and voting.