DUTIES OF THE SPEAKER

2009-2010 House Rules

As of June 24, 2009

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.

37. Drafting: deadline reference.

38. Sign off: deadline reference; 10-day period; failure to sign off.

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 2^nd-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)

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; 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 with November 1 reporting deadlines and those bills retained in committee for action. 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.

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. Any sponsor may request that his or her name be deleted as a sponsor of the bill prior to its introduction.

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.

(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. 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

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.

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.