Law

RSA 14 Legislative Officers and Proceedings

New Hampshire · 14 · statute

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Contents: 78 provisions

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78 provisions

14:1 Repealed by 1979, 436:7, IV, eff. July 1, 1979.

Repealed by 1979, 436:7, IV, eff. July 1, 1979.

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14:2 Removal of Officer From State.

If any officer of the legislature removes from the state, the office shall thereupon become vacant. Source. 1890, 1:1. PS 4:1. PL 4:2. RL 9:2.

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14:2-a Presiding Officer; Vacancy.

Within 30 days after a vacancy occurs in the office of president of the senate or speaker of the house of representatives, the senate or house of representatives, as the case may be, shall select a successor from among its members. If the senate or house is not in session when such a vacancy occurs, the branch concerned shall assemble at the state house not sooner than 7 days nor later than 30 days after the vacancy occurs on a date determined by the second ranking officer of the branch concerned. The clerk of that branch shall notify the members of the branch of the vacancy and the date on which selection of a successor is to take place. Source. 1975, 465:4, eff. June 22, 1975.

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14:2-b Organizational Convening.

Pursuant to the constitution, the general court shall assemble biennially on the first Wednesday of December following the biennial election for organizational purposes. At such assembly, the senate and the house shall take the oath of office, elect the secretary of state, the state treasurer and such other officers and employees, adopt such organizational procedures and rules and perform such other organizational business as they deem necessary. The nomination of the secretary of state and the state treasurer may be by any member of the general court and shall be without regard to the party affiliation of the candidate. The election of the secretary of state or of the state treasurer shall be conducted without regard to the party affiliation of the candidates and by secret ballots, if more than one person is nominated for election to such position. Source. 1976, 45:1. 1983, 151:1. 1997, 106:1, eff. Aug. 8, 1997.

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14:3 Clerks.

The clerks of the senate and house of representatives shall keep a true and fair record of all proceedings of their respective branches. The proceedings in convention shall be recorded only in the journal of the house. Source. 1860, 2369:4, 7. GS 271:28. GL 289:28. PS 4:3. PL 4:3. RL 9:3.

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14:4 Assistant Clerks.

In case of vacancy in the office of clerk of the senate or house of representatives, or of his absence or disability, the assistant clerk shall perform all the duties of the office, including the duties imposed upon the clerk by the provisions of this chapter. While an assistant clerk is performing the duties of clerk under this section, he shall be entitled to the compensation of the clerk. Source. 1860, 2369:5. GS 271:29. GL 289:29. 1890, 1:2. PS 4:4. PL 4:4. RL 9:4. RSA 14:4. 1969, 300:4, eff. Jan. 1, 1969.

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14:5 Tenure of Clerks.

The clerks of the senate and house shall act as clerks of the next succeeding senate and house respectively until clerks thereof are chosen and sworn. Source. GS 3:5. GL 3:5. PS 4:5. PL 4:5. RL 9:5.

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14:5-a Legal Counsel.

The president of the senate may appoint a legal counsel who shall be an attorney. The compensation of the legal counsel shall be set at a rate to be determined by the senate subcommittee of the legislative facilities committee established under RSA 17-E:5. The legal counsel shall provide advice and assistance to the president of the senate and to the senate members. Source. 1957, 218:1. 1986, 109:2, eff. Jan. 1, 1987.

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14:6 Roll of the House.

The clerk of the house of representatives shall prepare a roll of members elected, for use in its organization, and shall place upon it only the names of those who present certificates of election issued in conformity to law; and if certificates are presented for more representatives than any town or ward is entitled to, the clerk shall not enter any name on said roll from such town or ward until the house, after organization, so orders. Source. GL 35:19. 1878, 67:5. 1883, 82:1. PS 4:6. PL 4:6. RL 9:6.

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14:6-a Repealed by 1975, 472:3, I, eff. June 23, 1975.

Repealed by 1975, 472:3, I, eff. June 23, 1975.

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14:7 Journals of Proceedings.

As soon as possible after every final adjournment of a session of the general court, and in any case consistently with the schedule of performance set forth in contracts for printing and binding of the journals of the general court, the clerks of each house shall file with the printers of the permanent journals a copy of the proceedings of the respective houses in proper form for printing and corrected page proofs of each. The clerks, with the approval of the respective house or senate subcommittee of the joint committee on legislative facilities, may correct clerical errors or formal imperfections in the printed and bound permanent journals. Source. 1951, 245:4. RSA 14:7. 1963, 74:1. 1969, 300:5. 1975, 472:1, eff. June 23, 1975.

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14:8 Enrollment of Laws.

All bills and resolutions which have passed both branches of the legislature shall be forwarded to the office of legislative services to be there enrolled and prepared for submission to the governor. After such enrollment the bill or resolution shall be forwarded by the secretary of state to the committee on enrolled bills for final approval. The secretary of state shall keep such bills and resolutions as public records of the state. Source. RS 3:1. CS 3:1. GS 3:6, 7; 4:1. GL 3:6, 7; 4:1. PS 4:8. 1893, 64:1. 1905, 6:1. PL 4:8. RL 9:8. RSA 14:8. 1969, 32:1, eff. Mar. 7, 1969. 2016, 183:2, eff. Aug. 2, 2016.

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14:9 Presentation for Approval.

After any bill or joint resolution has been enrolled and approved, as provided by RSA 14:8, and signed by the speaker of the house, or his designee, and by the president of the senate, or his designee, it shall be presented by the secretary of state to the governor for his approval, and the secretary shall note thereon the day and hour of presentation for approval, and shall make a similar entry in the records of his office. No designee shall sign a bill under the authority of this section unless his name has been filed by the speaker of the house or president of the senate with the secretary of state prior to such signing. Source. 1864, 4034:1. GS 3:7. GL 3:7. PS 4:9. 1898, 64:1. 1905, 6:1. PL 4:9. RL 9:9. RSA 14:9. 1969, 32:2. 1971, 125:1, eff. May 19, 1971.

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14:9-a Effective Dates.

I. Except as provided in paragraphs II and III, and except for resolutions, which shall take effect upon their passage, each law passed by the general court shall take effect 60 calendar days following passage, excluding the date on which it is signed by the governor, or the last date on which the general court acts on the matter, as the case may be. II. The office of legislative services shall include a section in each bill drafted for introduction specifying the act's effective date, if passed. The effective date section shall indicate that the law shall take effect as follows or at such other time as the bill's prime sponsor shall indicate in writing: (a) Each law affecting judicial practice and procedure, or establishing or eliminating criminal prohibitions, civil causes of action or remedies, or limitations of actions, shall take effect on the January 1 following passage. (b) Each law affecting local property taxes shall take effect on the April 1 following passage. (c) Each law affecting state tax laws and statutory fees shall take effect on the July 1 following passage. (d) If the law affects only one particular person, town, city, or political subdivision, it shall take effect upon its passage. (e) Each law making appropriations shall take effect on the July 1 following passage. (f) Each law establishing a legislative committee shall take effect upon its passage. (g) All other laws shall take effect 60 days after the bill's passage. III. A law may be repealed in the bill enacting the law, with the repeal taking effect at a prospective date specified in the bill. IV. The office of legislative services shall, at the request of the sponsor of an amendment, include in the amendment the effective date requested by the sponsor of the amendment. V. Unless specifically provided otherwise, each law enacted by the general court shall take effect at midnight, 12:00 a.m., on the date the law becomes effective. VI. The secretary of state shall record the date each law was enacted and its effective date on all enrolled and printed copies of such law, and such record shall be conclusive. Source. 1983, 278:2. 1995, 308:42. 2000, 223:1. 2005, 152:1, eff. Aug. 20, 2005.

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14:10 Preservation of Committee Papers.

The clerk of each senate, house, and joint committee shall properly classify, arrange, and file all papers laid before his committee, and preserve those which are not returned to the senate or house, and at the close of the session shall deposit them with the clerk of that branch of the legislature from which the business to which they relate was sent to the committee. Source. RS 2:5; 3:1. CS 2:5; 3:1. GS 3:4; 4:1. GL 3:4; 4:1. 1883, 79:1. PS 4:10, 11. PL 4:10. RL 9:10.

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14:11 Preservation of Papers of General Court.

The clerks of each house at the close of each session shall properly classify, arrange, file and preserve all papers in their possession, except that all bills and joint resolutions having final action shall be deposited by them with the secretary of state, who shall preserve them. Source. RS 2:5; 3:1. CS 2:5; 3:1. GS 3:4; 4:1. GL 3:4; 4:1. 1883, 79:1. PS 4:10, 11. PL 4:11. RL 9:11. RSA 14:11. 1975, 472:2, eff. June 23, 1975.

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14:12 Stenographic and Clerical Assistants.

The clerks may employ such stenographic and other clerical assistance as the president of the senate and the speaker of the house of representatives may deem necessary. Source. 1919, 3:3. PL 4:12. RL 9:12.

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14:12-a Interpreters for the Deaf and Hard of Hearing Required.

Interpreters for the deaf and hard of hearing, licensed under RSA 326-I, shall be provided to persons who are deaf, deafblind, or hard of hearing if such persons wish to meet with their senator or representative on the state house campus. Persons who would like an interpreter pursuant to this section shall provide sufficient notice to the speaker of the house of representatives or the president of the senate, as appropriate. Source. 2019, 31:1, eff. July 14, 2019. 2021, 86:2, eff. Jan. 1, 2022.

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14:13 Repealed by 1971, 20:1, eff. May 28, 1971.

Repealed by 1971, 20:1, eff. May 28, 1971.

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14:14 Oaths of Witnesses.

Any senator or representative, while acting as a member of a committee of the legislature, may administer an oath to any person who may be examined before such committee. Source. RS 2:6. CS 2:6. GS 3:9. GL 3:9. PS 4:13. PL 4:14. RL 9:14.

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14:14-a Non-Legislative Use of Chambers.

I. House. No person shall use the house chamber, anterooms, or cloakrooms at any time for any purpose other than a meeting of the house, of a committee thereof, or of a joint committee of the house and senate, without prior permission of the speaker of the house or his designee. II. Senate. No person shall use the senate chamber, anterooms, or cloakrooms at any time for any purpose other than a meeting of the senate, or a committee thereof, or of a joint committee of the house and senate, without prior permission of the president of the senate or his designee. Source. 1969, 29:1, eff. May 3, 1969.

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14:14-b Office Space and Parking Facilities.

Notwithstanding any other provision of law to the contrary the following shall be assigned for use by the speaker of the house and the president of the senate: I. The legislative parking facilities; II. The legislative office building and Upham-Walker house; and III. All rooms and other spaces of the state house with the exception of those areas under the use and control of the executive branch, including the governor's offices, the executive council chamber and offices, and the secretary of state's offices. Source. 1975, 479:2. 1979, 434:91. 2004, 257:35, eff. June 15, 2004. 2021, 143:2, eff. Sept. 21, 2021.

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14:14-c Joint Committee on Employee Classification.

I. There is hereby established a joint committee on employee classification. II. The committee shall consist of 3 members of the senate, appointed by the senate president, one of whom shall be a member of the senate finance committee, and 3 members of the house of representatives, appointed by the speaker of the house of representatives, one of whom shall be a member of the house finance committee and 2 of whom shall be members of the house committee on executive departments and administration. Members shall be appointed for their term of office. All members shall be eligible for reappointment so long as they are qualified under this section. Members shall be appointed no later than December 30 of the year of their election to the general court, except that vacancies shall be filled for an unexpired term within 30 days of the creation of such vacancy. The chairperson shall be elected by the committee members and shall alternate every 2 years between the house and senate members. III. Relative to unclassified employees: (a) The committee shall, while the general court is in session and during the interim, review the provisions of RSA 94, including the salaries listed in RSA 94:1-a, I, and shall recommend changes to salaries, position titles, or other matters related to the compensation of state officers. (b) The committee shall establish procedures to review the allocation decisions submitted to it by the acting directors or administrative heads of state agencies or departments under RSA 94:1-d and shall set a temporary letter grade allocation for each position referred. The committee shall propose legislation recommending permanent salary levels for each position for introduction in the next regular session of the general court. IV. Relative to classified employees, the committee shall establish procedures to hear appeals submitted by any commissioner or department head regarding reclassification decisions made by the director of personnel pursuant to RSA 21-I:54, III, and the committee's decision in such matters shall be final. Source. 2006, 290:17, eff. June 15, 2006. 2021, 202:2, Pt. I, Sec. 4, eff. Oct. 9, 2021.

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14:15 Repealed by 1963, 284:2, eff. Jan. 2, 1963.

Repealed by 1963, 284:2, eff. Jan. 2, 1963.

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14:15-a Travel Allowance for Members.

A member of the general court shall be allowed mileage by choosing the method in either paragraph I or II prior to the first mileage reimbursement payment in the term: I. (a) In the computation of mileage under the provisions of this paragraph, the word "day" shall be deemed to be a calendar day; and, whenever a legislative session shall be continued beyond 12 o'clock midnight, the members present shall be entitled to additional mileage for another day's attendance; provided, however, that any member of the general court absent for any cause from such attendance shall not be allowed mileage for the day the member is so absent. (b) A member of the general court shall be allowed mileage for the round trip to and from the member's home to the state house in Concord or, as of January 1, 2022, any location where the member's body convenes for each day of attendance at the following rates: (1) For the first 45 miles, $.38 per mile; and (2) For all miles in excess of 45 miles, $.19 per mile. II. A member of the general court shall be allowed compensation for actual travel expenses of the round trip to and from the member's home to the state house in Concord or, as of January 1, 2022, any location where the member's body convenes. Mileage shall be paid at the maximum rate established in the United States Internal Revenue Code and Regulations for the number of miles traveled. Source. 1909, 160:1. PL 4:16. 1935, 136:1. RL 9:15. 1943, 14:1. 1949, 117:1. 1951, 251:3. RSA 14:15. 1955, 228:1. 1957, 272:1. 1961, 203:1. 1963, 284:1. 1965, 337:1. 1975, 438:1. 1979, 294:1; 434:109. 1983, 38:1. 1997, 110:1, eff. Aug. 8, 1997. 2022, 1:1, eff. Jan. 6, 2022.

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14:15-b Computation of Distance.

I. Each member of the general court shall at the organizational session of the legislature furnish to the committee on mileage a statement of the distance from his home to the state house in Concord. The committee on mileage shall then compute the mileage allowance to be allowed said member and said committee shall be arbiters of all disputes and claims involving payment of mileage to members. Said committee may consult with the department of transportation relative to the distances as set forth in the statement furnished by the member but the establishment of the distance shall be made by the committee, from its study and investigation. II. If a member's body convenes at a location other than the state house in Concord, the committee shall use that location in computing distance for that day. Source. 1862, 2615:1. GS 3:8. GL 3:8. PS 4:14. PL 4:15. 1927, 120:1. 1935, 13:1. RL 9:16. 1943, 14:2. 1949, 117:2. 1951, 251:4. RSA 14:16. 1955, 228:2. 1963, 284:1. 1976, 45:3. 2004, 257:34, eff. June 15, 2004. 2022, 1:2, eff. Jan. 6, 2022.

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14:16 Repealed by 1963, 284:2, eff. Jan. 2, 1963.

Repealed by 1963, 284:2, eff. Jan. 2, 1963.

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14:16-a Repealed by 1979, 294:3, eff. Dec. 3, 1980.

Repealed by 1979, 294:3, eff. Dec. 3, 1980.

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14:17 Repealed by 1963, 284:3, eff. Jan. 2, 1963.

Repealed by 1963, 284:3, eff. Jan. 2, 1963.

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14:17-a Repealed by 2019, 5:1, eff. July 9, 2019.

Repealed by 2019, 5:1, eff. July 9, 2019.

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14:17-b Repealed by 1997, 110:3, Aug. 8, 1997.

Repealed by 1997, 110:3, Aug. 8, 1997.

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14:18 Travel Allowance to Officers and Employees.

Any officer or employee of the senate or house of representatives shall be allowed mileage at the same rate as other state employees for each day of attendance up to a maximum of 100 miles for the round trip. Any fractional part of a mile shall be deemed to be one mile for the purposes hereof. The committee on mileage shall be the arbiters of all disputes and claims involving payment of mileage to such officers and employees. Source. 1893, 74:1. PL 4:17. 1935, 136:1. RL 9:17. 1943, 214:1. 1949, 117:3. 1951, 251:5. RSA 14:18. 1955, 132:1; 330:1. 1965, 4:4, eff. Jan. 6, 1965.

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14:19 Senate Clerk.

The compensation of the clerk of the senate shall be set at a rate to be determined by the senate subcommittee of the legislative facilities committee as established by RSA 17-E:5. The clerk of the senate shall be deemed to be a full-time legislative employee under the direction of the president who shall determine what days the clerk shall be in attendance, and as such eligible for fringe benefits as provided for full-time legislative employees. Source. 1860, 2369:2. GS 271:27. GL 289:27. PS 286:22. 1895, 84:1. PL 4:22. RL 9:20. 1951, 85:1, par. 20. RSA 14:19. 1955, 335:5. 1961, 280:1. 1969, 300:1. 1976, 45:4. 1977, 600:106, eff. July 1, 1977.

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14:19-a Repealed by 1986, 109:3, eff. Jan. 1, 1987.

Repealed by 1986, 109:3, eff. Jan. 1, 1987.

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14:20 House Clerk.

The compensation of the clerk of the house shall be set at a rate to be determined by the house subcommittee of the legislative facilities committee as established by RSA 17-E:5. The clerk of the house shall be deemed to be a full-time legislative employee under the direction of the speaker of the house who shall determine what days the clerk shall be in attendance, and as such eligible for fringe benefits as provided for full-time legislative employees. Source. 1860, 2369:1, 7. GS 271:26. GL 289:26. PS 286:23. 1895, 84:2. PL 4:21. RL 9:19. 1951, 85:1, par. 19. 1953, 266:13. RSA 14:20. 1961, 280:6. 1969, 300:2. 1976, 45:5. 1977, 600:80, eff. July 1, 1977. 2019, 108:1, eff. Aug. 20, 2019.

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14:21 Assistant Clerks.

The compensation of the assistant clerks of the senate and of the house shall be set at a rate to be determined by the appropriate house or senate subcommittees of the legislative facilities committee as established by RSA 17-E:5. The president of the senate or the speaker of the house, as the case may be, shall determine what days the assistant clerk shall be in attendance. Source. 1866, 4308:1. GS 271:20. GL 289:20. PS 286:25. 1895, 84:3. PL 4:22. RL 9:20. 1951, 85:1, par. 20. RSA 14:21. 1955, 335:6. 1961, 280:7. 1965, 1:1. 1969, 300:3. 1976, 45:6. 1977, 600:81, eff. July 1, 1977.

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14:22 Special Sessions.

If there is a special session of the legislature the clerks and assistant clerks shall be paid such compensation for services thereat as shall be voted them by the legislature. Source. GL 289:26, 27. PS 286:24. PL 4:23. RL 9:21.

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14:23 Repealed by 1975, 472:3, II, eff. June 23, 1975.

Repealed by 1975, 472:3, II, eff. June 23, 1975.

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14:24 Repealed by 1975, 430:3, eff. June 18, 1975.

Repealed by 1975, 430:3, eff. June 18, 1975.

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14:24-a Repealed by 1965, 4:2, eff. Mar. 8, 1965.

Repealed by 1965, 4:2, eff. Mar. 8, 1965.

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