ORGANIZATION DAY
December 4, 2002
The Assistant Clerk of the Senate, Tammy L. Wright, called the Senate to order at 10:00 a.m.
The prayer was offered by the Reverend David P. Jones, Senate Chaplain.
Good God, You are the source of all authority and the power that trumps all others. Guide, protect, enlighten and inspire these twenty-four men and women with all the resources they will need to sit well in these very special seats. Amen
Senator Roberge, Dean of the Senate, led the Pledge of Allegiance.
The Assistant Clerk of the Senate, Tammy L. Wright, called the Roll of the Senate for attendance.
There were 24 members present.
OATH OF OFFICE FOR SENATOR
At this time, on the first Wednesday in December, in the year of our Lord, two thousand and Two, being the day prescribed by the constitution for the legislature of New Hampshire to assemble and the honorable C. Jeanne Sheehan, governor of the state of New Hampshire, accompanied by the honorable governors council, having come into the Senate chamber, will now subscribe the oaths of office and witness the signing of the oath by each individual Senator, and verify that these are duly qualified as senators agreeably to the provisions of the constitution: C. Jeanne Sheehan, governor of the state of New Hampshire.
On behalf of the Executive council, I would like to swear in the honorable Senate:
District No. 1 John T. Gallus
District No. 2 Carl R. Johnson
District No. 3 Joseph D. Kenney
District No. 4 Robert K. Boyce
District No. 5 Clifton C. Below
District No. 6 Richard Green
District No. 7 Robert B. Flanders
District No. 8 Bob Odell
District No. 9 Sheila Roberge
District No. 10 Thomas R. Eaton
District No. 11 Andrew R. Peterson
District No. 12 Jane E. O’Hearn
District No. 13 Joseph A. Foster
District No. 14 Robert E. Clegg, Jr.
District No. 15 Sylvia B. Larsen
District No. 16 Theodore L. Gatsas
District No. 17 John S. Barnes, Jr.
District No. 18 Andre' A. Martel
District No. 19 Frank V. Sapareto
District No. 20 Lou D’Allesandro
District No. 21 Iris W. Estabrook
District No. 22 Charles W. Morse
District No. 23 Russell E. Prescott
District No. 24 Burton J. Cohen
NOMINATIONS
Nominations for temporary presiding officer.
Senator Roberge nominated the Honorable Ned Gordon for temporary presiding officer.
Senator Foster seconded the nomination.
No further nominations.
Senator Flanders moved that that nominations for temporary presiding officer be closed and that one ballot be cast for the Honorable Ned Gordon.
Adopted.
The Honorable Ned Gordon is elected Temporary Presiding Officer.
Senators' Clegg and Larsen escorted the temporary presiding officer, the Honorable Ned Gordon to the rostrum.
The honorable Ned Gordon, temporary presiding officer, asked for nominations for the president of the senate.
Senator Johnson nominated Senator Thomas R. Eaton for the president of the senate.
Senator Larsen seconded the nomination.
No further nominations.
Senator Flanders moved that nominations for president of the Senate be closed and that one ballot be cast for Senator Thomas R. Eaton.
Adopted.
Senator Thomas R. Eaton is elected the president of the Senate.
The Honorable Ned Gordon, temporary presiding officer, requested that Senators’ Clegg and Larsen escort the President of the Senate, Senator Thomas R. Eaton, to the rostrum.
Senator Boyce offered the following Resolution:
RESOLUTION
RESOLVED, that the rules of the 2001-2002 session be adopted as the rules of the 2003-2004 session, with the following date changes and be it further resolved, that these rules may be amended by the majority vote for the next two legislative days.
17-A (a) The Office of Legislative Services shall not draft a Senate Bill or Joint Resolution, other than the general appropriations (budget) bill or the capital budget bill, unless a request by a member for drafting with complete information has been received not later than 5:00 p.m. Friday, December 13, 2002.
Senator Estabrook moved to divide the question.
The Chair ruled that the question is divisible.
The question is on the adoption of Rule 17-A (a) date change.
Motion failed.
The question is on adopting the 2001-2002 Senate Rules.
Adopted.
NOMINATIONS
Senator O'Hearn placed the name of Steven J. Winter in nomination for Clerk of the Senate.
Senator D'Allesandro seconded the nomination.
No further nominations.
Senator Prescott moved that the nominations for Clerk of the Senate be closed and that one ballot be cast for Steven J. Winter.
Adopted.
Steven J. Winter is elected clerk of the New Hampshire Senate.
The Senate President requested that Senator Gallus escort the Clerk of the Senate, Steven J. Winter to the rostrum.
Senator Larsen moved to place the name of Tammy L. Wright in nomination for assistant clerk of the Senate.
Senator Johnson seconded the nomination.
No further nominations.
Senator Gatsas moved that the nominations for Assistant Senate Clerk of the Senate be closed and that one ballot be cast for Tammy L. Wright.
Adopted.
Tammy L. Wright is elected assistant clerk of the Senate.
Senator Flanders moved that the name of Henry W. Wilson be placed in nomination for sergeant-at-arms.
Senator Below seconded the nomination.
Further nominations.
Senator Prescott moved that the nominations for Sergeant-At-Arms be closed and that one ballot be cast for Henry W. Wilson.
Adopted.
Henry W. Wilson is elected sergeant-at-arms.
The President administered the oaths of office to the Senate clerk, assistant clerk of the Senate, and the sergeant-at-arms.
RESOLUTION
Senator Boyce offered the following resolution:
RESOLVED, that the secretary of state be requested to furnish the Senate with the official return of votes from the various senatorial districts.
Adopted.
The Honorable William M. Gardner, secretary of state, presented the return of votes for state Senators from the various senatorial districts, as returned to the secretary of state’s office from the general election held on November 5, 2002.
COMMITTEE REPORT
The selected committee to whom was referred the various returns of votes for state Senators from the several districts, having attended to their duties and having examined the returns made to the Secretary of State and the records in the office of said Secretary, report that they filed the state of the vote returned from the several districts as follows:
First District
John Gallus, r 12,140
Jerry Sorlucco, d 5,733
Plurality for Gallus 6,407
Second District
Carl Johnson, r 11,041
Sid Lovett, d 8,027
Plurality for Johnson 3,014
Third District
Joseph D. Kenney, r 12,837
William T. Riley, d 6,648
Plurality for Kenney 6,189
Fourth District
Robert K. Boyce, r 10,714
Beth Reever Arsenault, d 7,646
Plurality for Boyce 3,068
Fifth District
Clifton Below, d 10,768
Nancy Merrill, r 9,498
Plurality for Below 1,270
Sixth District
Richard Green, r 9,603
Caroline McCarley, d 7,872
Plurality for Green 1,731
Seventh District
Robert B. Flanders, r 10,610
Dennis Kalob, d 8,355
Plurality for Flanders 2,255
Eighth District
Bob Odell, r 9,170
George F. Disnard, d 8,494
Plurality for Odell 676
Ninth District
Sheila Roberge, r 13,830
Kathleen McLaughlin Peterson, d 6,931
Plurality for Roberge 6,899
Tenth District
Tom Eaton, r&d 15,074
Eleventh District
Andrew R. Peterson, r 11,397
Roger Wellington, d 7,606
Plurality for Peterson 3,791
Twelfth District
Jane O'Hearn, r 10,863
Lucien Bergeron d 6,805
Plurality for O'Hearn 4,508
Thirteenth District
Joseph A. Foster, d 6,647
Bea Francoeur, r 6,544
Plurality for Foster 103
Fourteenth District
Robert Clegg, Jr., r 10,401
Jean Susan Serino, d 5,416
Plurality for Clegg, Jr. 4,985
Fifteenth District
Sylvia B. Larsen, d 11,165
Kristie S. MacNeil, r 7,529
Plurality for Larsen 3,636
Sixteenth District
Theodore Gatsas, r 12,734
Peter E. Hutchins, d 7,171
Plurality for Gatsas 5,563
Seventeenth District
John S. Barnes, Jr., r 10,845
Mary Brown, d 6,777
Plurality for Barnes, Jr. 4,068
Eighteenth District
Andre Martel, r 8,049
Dave Gelinas, d 7,180
Plurality for Martel 869
Nineteenth District
Frank V. Sapareto, r 10,503
R. Christopher Reisdorf, d 4,780
Plurality for Sapareto 5,723
Twentieth District
Lou D'Allesandro, d 7,475
Joseph Levasseur, r 6,569
Plurality for D'Allesandro 906
Twenty-First District
Iris Estabrook, d 9,475
Jim Boynton, r 8,009
Plurality for Estabrook 1,466
Twenty-Second District
Chuck Morse, r 11,177
Norman L. MacAskill, d 5,532
Plurality for Morse 5,645
Twenty-Third District
Russell Prescott, r 10,659
Maggie Hassan, d 9,067
Plurality for Prescott 1,592
Twenty-Fourth District
Burton J. Cohen, d 12,947
Pamela Saia, r 10,163
Plurality for Cohen 2,784
RESOLUTION
Senator Cohen offered the following Resolution:
RESOLVED, that the returns from the several senatorial districts be referred to a select committee of three with instructions to examine and count the same and report to the Senate where any vacancies or contest exists and if so, in what senatorial district.
Adopted.
The chair appointed Senators: Clegg, Larsen and Gallus to examine the vote totals.
Recess.
Out of recess.
COMMITTEE REPORT
Senator Larsen reported that the select committee to whom was referred the various return of votes for state Senators from the several districts, having attended to their duties and having examined the returns made to the secretary of state and the records in the office of said secretary, report that they find the state of the vote returned from the several districts to be correct.
Adopted.
HOUSE MESSAGE
The House of Representatives has organized and has elected its officers:
Speaker of the House: Representative Gene G. Chandler.
Clerk of the House: Karen O. Wadsworth.
Sergeant-At-Arms: Deborah Nielsen.
RESOLUTION
Senator Barnes offered the following resolution:
Salary and Mileage Payments to the Members of the Senate:
RESOLVED, that the salary of the members of the Senate be paid in one undivided sum as early as practical after the adoption of this Resolution, and be it further Resolved, that mileage of members of the Senate be paid every two weeks during the session.
Adopted.
HOUSE MESSAGE
The House of Representatives is organized and ready to meet with the honorable Senate in Joint Convention for the purpose of electing a state treasurer and a secretary of state.
RESOLUTION
Senator Clegg offered the following resolution:
Let it be RESOLVED, to meet in Joint Convention for the purpose of electing the secretary of state and state treasurer.
Adopted.
In recess for Joint Convention.
Out of recess.
INTRODUCTION OF GUESTS
ANNOUNCEMENTS
RESOLUTION
Senator Larsen moved that the Senate now adjourn from the early session and that the business of the late session be in order at the present time, and that when we adjourn we adjourn to Wednesday, January 8, 2003.
Adopted.
LATE SESSION
RESOLUTION
Senator Clegg moved that the Senate having organized and completed its business of the day that we now adjourn until convening day, Wednesday, January 8, 2003.
Adopted.
Adjournment.
RULES OF THE SENATE
1. Determination of quorum; correction 23. Amended bills, printed
of Journal. distributed and disposed of.
2. Members, decorum of 24. Appropriating money, to whom
3. Members, conduct when speaking referred.
4. Members not to speak more than twice. 25. President to sign bills, etc.
5. President shall recognize whom. 26. Committees, appointment of.
6. Questions of order, appeal. 27. Standing Committees.
7. Member, absenting himself. 28. Messages sent to House.
8. Motions, order of preference. 29. Messages, when received.
9. Questions postponed indefinitely 30. Voting; division of Senate.
not acted upon in same biennium. 31. Visitors to Senate.
10. Questions, when divided. 32. Hours of meeting.
11. Objections to reading paper, how 33. Rules of Senate, how suspended.
determined. 34. Rules of Senate, how rescinded.
12. Roll Call, everyone must vote. 35. Committee of the whole.
13. Galleries, clearing of. 36. President may name member to
14. Reconsideration, motion for. chair.
15. Petitions, introduction of. 37. Senate staff; composition and
16. Bills; shall be numbered and expressed duties.
clearly. 38. Senate staff; days of
17. Bills, introduction of. employment.
17-A (a) Bills, deadlines for drafting. 39. Committees, reports and
17-b Bills, deadlines for information meetings
17-c Final deadline
18. Resolutions to be treated as bills 40. Appeal, presiding officer
19. Bills shall have three readings; ruling.
progress of; time for second and 41. Motions, no substitution under
third readings. color of amendment.
20. Bills, printing and distribution. 42. Conflict of interest.
21. Bills amended only on second reading; 43. Committee of Conference reports
filing of amendments. 44. Personal privilege.
22. Public hearings to be held and 45. Requisition Approval Required.
advertised. 46. Fiscal notes requirements.
SENATE RULES
1. The President, having taken the chair, shall determine a quorum to be present. Any erroneous entry in the daily journal shall be corrected no later than the third succeeding legislative day, and the permanent journal corrected one week after the permanent journal copy is placed in the hands of the Senate.
2. No member shall hold conversation with another while a member is speaking in debate, or use electronic devices, including but not limited to personal computers, and telephonic devices, without leave of the Senate.
3. Every member, wishing to speak, shall address the President and when he has finished shall, if having risen to speak, then sit down.
4. No member shall speak more than twice on the same question on the same day without leave of the Senate.
5. More than one member rising to speak at the same time, the President shall decide who shall speak first.
6. If any member transgresses the rules of the Senate, the President shall, or any member may, call him to order; in which case the member so called to order shall immediately cease and desist, and the Senate, if appealed to, shall decide the case. But if there is no appeal, the decision of the President shall be conclusive.
7. No member shall absent himself without permission from the Senate.
8. When any question is under debate, no motion shall be received but first, to adjourn; second, to lay upon the table; third, for the previous question; fourth, to postpone to a certain day; fifth, to commit; sixth, to amend; and seventh, to postpone indefinitely; which several motions shall have precedence in the order in which they are so arranged. Motions to adjourn, to lay upon the table, for the previous question, and to take from the table shall be decided without debate. Motions to postpone to a certain day shall be debatable both as to time and subject matter. No motion to postpone indefinitely, to postpone to a certain day, or to commit, being decided, shall be in order at the same stage of the bill or resolution, until after adjournment.
9. A question which is postponed indefinitely shall not be acted upon during the biennium except whenever two-thirds of the whole number of elected Senators shall on division taken, vote in favor thereof. Any bill which is indefinitely postponed shall not be reintroduced under cover of an amendment to the general appropriations (budget) bill. No motion to suspend this rule shall be permitted.
10. Any member may call for a division of the question when the sense will admit it. Unless otherwise specifically provided for, a majority of those present and voting shall be required to pass any vote.
11. When the reading of a paper or document is objected to by a member, the question shall be determined by a vote of the Senate; and without debate.
12. When the nays and yeas have been moved by a member and duly seconded by another member, each member present shall declare his assent or dissent to the question, unless for special reason he be excused by the Senate. The names of the persons so making the motion and the second shall be recorded in the Journal. A member who is to be absent when the yeas and nays are required may pair his vote with another member, to be present or also to be absent, who intends to vote on the opposite side of the question. Pairs shall be permitted only if the yeas and nays are taken on such question. Both members shall file such pair in writing with the Clerk before the question is put. In all cases of pairing, the vote of neither member shall be counted in determining the result of the roll call; but the Clerk shall announce all pairs and enter them in the Journal. The President shall determine the order of the roll call. No member shall be required to vote in any case where he was not present when the question was put.
13. In case of any disturbance or disorderly conduct in the gallery, the President shall have the power to order the same to be cleared. The Chairman of the Committee of the Whole may restrict attendance to the duly elected Senators.
14. No vote shall be reconsidered, unless the motion for reconsideration be made by a member who voted with the prevailing side, nor unless the notice of such motion be given to the Senate in open session prior to adjournment on the same day on which the vote as passed, or on the next day on which the Senate shall be in session within one half hour after the convening of the early session, and any such notice of reconsideration shall be effective for three legislative days only and thereafter shall be null and void.
14 (a) Reconsideration of any bills subject to a transfer date established by joint rules must be acted on or before the joint rule deadline, and thereafter shall be null and void.
15. Before any petition shall be received and read, a brief statement of the contents thereof shall be made by the member introducing the same.
16. All petitions, memorials and other papers addressed to the Senate and all bills and resolutions to be introduced in the Senate, shall be endorsed with the name of the Senator presenting them, and with the subject matter of the same. Every bill shall be marked on the first page "Senate Bill" and numbered serially; every joint resolution shall be marked "Senate Joint Resolution" and numbered serially; every concurrent resolution proposing a constitutional amendment shall be marked "Concurrent Resolution Proposing a Constitutional Amendment" and numbered serially; and every other concurrent resolution shall be marked "Senate Concurrent Resolution" and numbered serially, as each bill or resolution is introduced into the Senate.
17. All petitions, memorials and other papers addressed to the Senate and all bills and resolutions to be introduced into the Senate shall be delivered or caused to be delivered to the Office of Legislative Services, which in turn will submit it to the sponsor for his signature, and then to the Clerk by Legislative Services. If requested by the sponsor, a proposed bill, resolution or petition shall not be made public, except by the sponsor, until signed by the sponsor. During any adjournment the President may receive bills and resolutions for printing and for reference to committee, provided that no bill shall have a public hearing until it is formally introduced into the Senate printed and available for distribution. The President shall take up all bills and resolutions for introduction at the early session.
17-A (a) The Office of Legislative Services shall not draft a Senate bill or joint resolution, other than the general appropriations (budget) bill or the capital budget bill, unless a request by a member for drafting with complete information has been received not later than 3:00 p.m. on Friday, December 20, 2002.
(b) Every Senate bill and joint resolution, except the general appropriations (budget) bill or the capital budget bill, must be signed off in Legislative Services by 12:00 p.m., on Friday, January 17, 2003.
(c) Notwithstanding the provisions of 17 (a), (b), and (c), a Senate bill, Senate joint resolutions, or Senate concurrent resolution may be accepted by Legislative Services for drafting and introduced into the Senate at any time prior to the deadline established by Joint Rules for the transfer of bills out of the first body if approved by either a majority of the Senate Rules Committee or a two-thirds vote on the floor.
(d) No bill the subject matter of which has been indefinitely postponed or made inexpedient to legislate in the Senate in the first-year session shall be admitted into the second-year session whether as a bill, an amendment, a committee of conference report or in any other manner;
(e) Legislation returned from the non-originating body, with an amendment, shall not be re-referred to Committee but shall have one of the following recommendations: Concur, Nonconcur, Nonconcur and Request a Committee of Conference.
17-B Committees of Conference.
(a) Whenever there be any disagreement between the Senate and the House on the content of any bill or resolution, and whenever both bodies, voting separately, have agreed to establish a committee of conference, the President of the Senate shall appoint three members to the Senate conference committee on the bill and the Speaker of the House 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; (2) the number of the members of the committees of conference on any bill may increase or decrease if the President and the Speaker both agree. The two committees of conference on a bill shall meet jointly but vote separately while in conference. A unanimous vote by both committees of conference shall be necessary for an agreed report to the Senate and the House by the committees of conference.
(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 committees of conference on said bill.
(c) The first-named person on a committee of conference shall be the chairman of that conference. The chairman of the committee of conference of the body where the bill or resolution in disagreement originated shall chair the joint meeting of the committees of conference.
(d) No action shall be taken in either body on any committee of conference report earlier than some subsequent day, after the report has been delivered to the seats or placed on a member's desk. 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.
(e) Conference Committees on Budget Bills. The report of each committee of conference on either the general appropriation bill, or the capital improvements bill shall be printed in the journal or a supplement thereto of the appropriate body before action on said report is taken on the floor. Non-germane amendments, sections and footnotes to such bills (except footnotes in explanation of the principal text of such bills or designating the use or restriction of any funds or portions thereof) are prohibited and shall not be allowed under any circumstances. Notwithstanding the general provisions of paragraph (h) of this section, the Conference Committee on general appropriations bill may propose new items for inclusion in said bill but no such item may be so included unless and until it shall have been returned to both the Senate and the House and adopted in identical form by a majority vote in each body.
(f) When both committees of conference on a concurrent resolution proposing an amendment to the constitution have agreed, the committee of conference from the body which acceded to a request for committees of conference shall file its report with the clerk of that body who shall print it in full in the journal or supplement of that body. The report shall be made a special order of business at the late session of a subsequent day. After said report has been adopted by the first body, a message shall be transmitted to the second body which shall then act upon the report of its committee of conference.
(g) A sponsor of any bill or joint resolution referred to committees of conference shall, upon his request, be granted a hearing before said committees prior to action thereon.
(h) No member of a committee of conference shall sign any report that contains non-germane amendments or subject matter that has been indefinitely postponed in either body. For the purposes of this rule, a non-germane amendment would be any subject matter not contained in either the House or the Senate version of the bill.
18. All resolutions which may require the signature of the Governor shall be treated in the same manner as bills.
19. Every bill shall have three readings in the Senate previous to its passage. The first and second readings shall be by title only which may be accomplished by a conglomerate resolution, after which the bill shall be referred by the President to the appropriate committee and shall be printed as provided in Rule 20, unless otherwise ordered by the Senate. No bill 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 and resolutions shall be in the late session unless otherwise ordered by the Senate. The orders of the day for the reading of bills shall hold for every succeeding day until disposed of.
20. After every bill shall have been read a second time, and referred by the President to the appropriate committee, the Clerk shall procure a sufficient number of copies, printed on paper of uniform size, for the use of the legislature, and cause the same to be distributed to the members, and when printed the bill shall be immediately delivered to the committee to which it shall have been referred. Bills received from the House shall be printed at the same stage of their procedure unless they have been printed in the House and copies distributed in the Senate, in which case any amendment made by the House shall be duplicated and distributed in the Senate.
21. No amendment shall be made but upon the second reading of a bill; and all amendments to bills and resolutions shall be in writing, with the name of the Senator and the district he represents thereon. No amendment to any bill shall be proposed or allowed at any time or by any source, including a committee of conference, except it be germane. Amendments shall have been reviewed by the Office of Legislative Services for form, construction, statutory and chapter reference.
22. A hearing shall be held upon each bill referred to a committee, and notice of such hearing shall be advertised at least (present 7 days) 5 days before hearing in the Senate Calendar. The Senate Calendar shall be available on the World Wide Web for viewing as soon as it has been released for printing.
(a) All bills in the possession of committees shall be reported out with one of the following recommendations: ought to pass, ought to pass with amendment, re-refer to committee, inexpedient to legislate, or refer for interim study. Refer for interim study shall be a committee report only in the second year.
(b) Any legislation creating a chapter study committee shall have membership limited to members of the General Court.
23. When a bill is reported favorably with an amendment, the report of the committee shall state the amendment, and then recite the section of the bill in full as amended. The amendment shall be printed in the calendar of the Journal on the date that the report is listed for action. If no action is taken on that day, then the amendment shall be printed on the day to which the bill has been referred. All bills reported shall be laid upon the table and shall not be finally acted upon until the following legislative day, and a list of such bills with the report thereon shall be published in the Journal for the day on which action shall be taken.
24. Every bill and joint resolution appropriating money, which has been referred to another committee and favorably accepted by the Senate, shall be committed to the Finance Committee for review. If any such bills have been referred jointly to the Finance Committee and another standing committee, the Finance Committee may report separately and a further public hearing may be held at the discretion of the Finance Committee. All bills appropriating money, which are referred directly to the Finance Committee shall have a hearing. Any bill which has been referred to another committee and favorably accepted by the Senate, which has an economic impact on the state may be referred to the Committee on Economic Development for review. The Committee on Economic Development may hold a further public hearing at the discretion of the Committee.
25. All warrants, subpoenas and other processes issued by order of the Senate shall be under the hand and seal of the President attested by the Clerk.
26. All committees of the Senate, including Senate members on committees of conference, shall consist of members of both parties as nearly equal as possible, provided that on all committees, both parties shall be represented. The President shall appoint the members of all committees, after consulting with the minority leader.
27. The standing committees of the Senate shall be as follows: The Committee on Finance, Committee on Capital Budget, Committee on Ways & Means, Committee on Banks, Committee on (present Economic Development) Energy and Economic Development, Committee on Education, Committee on Environment, Committee on Executive Departments & Administration, Committee on Wildlife & Recreation, Committee on Insurance, Committee on Internal Affairs, Committee on Interstate Cooperation, Committee on Judiciary, Committee on Public Affairs, Committee on Public Institutions Health & Human Services, Committee on Rules & Enrolled Bills, and the Committee on Transportation.
28. Messages shall be sent to the House of Representatives by the Clerk of the Senate.
29. Messages from the Governor or House of Representatives may be received at all times, except when the Senate is engaged in putting the question, in calling the yeas and nays, or in counting the ballots.
30. All questions shall be put by the President, and each member of the Senate shall signify his assent or dissent by answering yea or nay. If the President doubts, or a division is called for, the Senate shall divide. Those in the affirmative on the question shall first rise from their seats and stand until they be counted. The President shall rise and state the decision of the Senate.
31. No person except members of the executive, or members of the House of Representatives and its officers, shall be admitted to the floor of the Senate, except by the invitation of the President, or some member with his consent.
32. The Senate shall adjourn to meet on the subsequent legislative day for the early session at the time mentioned in the adjournment motion. The late session shall immediately follow the early session unless the Senate shall otherwise order.
33. No standing rule of the Senate shall be suspended unless two-thirds of the members present vote in favor thereof. This rule shall not apply to Senate Rule 9.
34. No rule shall be rescinded unless two days notice of the motion has been given and two-thirds of those present vote therefor.
35. The Senate may resolve itself into a Committee of the Whole at any time on motion made for that purpose; and in forming a Committee of the Whole, the President shall leave the chair, and appoint a chairperson to preside in committee.
36. The President when performing the duties of the Chair may, at any time, name any member to perform the duties of the Chair.
37. The staff of the Senate shall be comprised of a clerk, an assistant clerk, a sergeant-at-arms, and a doorkeeper who are to be elected by the Senate, and such other personnel as the President shall appoint. The President shall define the duties of all members of the Senate staff which are not fixed by statute or otherwise ordered by the Senate.
38. Each member of the staff of the Senate shall be available on call to carry out the work of the Senate.
39. The committees shall promptly consider and report on all matters referred to them. The President may authorize such committees having a heavy load of investigation, re-drafting, research or amendments to meet as needed on non-legislative days during the legislative session. The Clerk of the Senate shall prepare a list by number, title and sponsor of all Senate bills and resolutions in committee which have not been acted upon within one week before the deadline established for the transfer of bills and resolutions from the Senate to the House of Representatives, and he/she shall distribute this list to every member of the Senate as soon as it is prepared.
40. Any appeal from the ruling of the presiding officer shall be decided by majority vote of the members present and voting.
41. No new motion shall be admitted under color of amendment as a substitute for the motion under debate.
42. In all instances every member shall act in conformance with the duly adopted Ethical Guidelines and Opinions of the New Hampshire General Court.
43. Action on the floor of a report of the Committee on Finance or a Committee of Conference on either the general appropriations (budget) bill or the capital budget bill, shall not be taken by the Senate, until said report has been available from the Senate Clerk twenty-four hours in advance, in written form. Nongermane amendments and footnotes to such bills (except footnotes in explanation of the principal text of such bills or designating the use or restriction of any funds or portions thereof) are prohibited and shall not be allowed under any circumstances.
44. PERSONAL PRIVILEGE: A Senator may, as a matter of personal privilege, defend his/her position on a bill, his/her integrity, his/her record, or his/her conduct, against unfair or unwarranted criticism, or may speak of an issue which relates to his/her rights, privileges or conveniences as a Senator; provided, however, the matters raised under personal privilege shall not be subject to questioning, answer, or debate, by another Senator. Personal Privilege remarks may be included in the Daily Journal if requested by the Senator, and in the Permanent Journal by vote of the Senate. A Senator may speak on other matters of his/her choosing and in such cases may be subject to questioning and/or answer according to the Rules of the Senate.
45. No officer or employee of the Senate during the session or any adjournment thereof shall purchase or contract for the purchase, pay or promise to pay any sum of money on behalf of the Senate or issue any requisition or manifest without the approval of the Senate President.
46. If a drafting request for a bill or resolution has been filed with the office of Legislative Services requiring 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, provided that the identity of the sponsor shall not be disclosed.
2003-2004 Committee Assignments
BANKS - SH 103
Sen. Flanders, Chairman
Sen. Peterson, Vice Chairman
Sen. Barnes
Sen. Foster
Sen. Odell
CAPITAL BUDGET - SH 103
Sen. Clegg, Chairman
Sen. D’Allesandro, Vice Chairman
Sen. Boyce
Sen. Johnson
Sen. Morse
EDUCATION - SH 105-A
Sen. O’Hearn, Chairman
Sen. Johnson, Vice Chairman
Sen. Foster
Sen. Green
Sen. Larsen
ENERGY & ECONOMIC DEVELOPMENT - LOB 102
Sen. Odell, Chairman
Sen. Below, Vice Chairman
Sen. Gallus
Sen. Gatsas
Sen. Prescott
ENVIRONMENT - LOB 104
Sen. Johnson, Chairman
Sen. Cohen, Vice Chairman
Sen. Barnes
Sen. Below
Sen. Prescott
EXECUTIVE DEPARTMENTS & ADMINISTRATION - LOB 102
Sen. Prescott, Chairman
Sen. Cohen, Vice Chairman
Sen. Estabrook
Sen. Kenney
Sen. Peterson
FINANCE - SH 103
Sen. Green, Chairman
Sen. Boyce, Vice Chairman
Sen. Below
Sen. D’Allesandro
Sen. Eaton
Sen. Gatsas
Sen. Odell
INSURANCE - LOB 101
Sen. Flanders, Chairman
Sen. Prescott, Vice Chairman
Sen. Cohen
Sen. Martel
Sen. Roberge
INTERNAL AFFAIRS - LOB 103
Sen. Boyce, Chairman
Sen. Flanders, Vice Chairman
Sen. Kenney
Sen. Larsen
Sen. O’Hearn
INTERSTATE COOPERATION - LOB 101
Sen. Gatsas, Chairman
Sen. Estabrook, Vice Chairman
Sen. Clegg
Sen. Johnson
Sen. Sapareto
JUDICIARY - SH 105-A
Sen. Peterson, Chairman
Sen. Foster, Vice Chairman
Sen. Clegg
Sen. Roberge
Sen. Sapareto
PUBLIC AFFAIRS - SH 105-A
Sen. Roberge, Chairman
Sen. Larsen, Vice Chairman
Sen. Barnes
Sen. Green
Sen. Morse
PUBLIC INSTITUTIONS, HEALTH & HUMAN SERVICES - LOB 101
Sen. Martel, Chairman
Sen. Boyce, Vice Chairman
Sen. Estabrook
Sen. Kenney
Sen. O’Hearn
RULES & ENROLLED BILLS - SH 105-A
Sen. Eaton, Chairman
Sen. Green, Vice Chairman
Sen. Clegg
Sen. D’Allesandro
Sen. Larsen
TRANSPORTATION - LOB 104
Sen. Kenney, Chairman
Sen. Martel, Vice Chairman
Sen. Below
Sen. Flanders
Sen. Morse
WAYS & MEANS - SH 103
Sen. D’Allesandro, Chairman
Sen. Clegg, Vice Chairman
Sen. Boyce
Sen. Gallus
Sen. Odell
WILDLIFE & RECREATION - LOB 104
Sen. Gallus, Chairman
Sen. Roberge, Vice Chairman
Sen. Cohen
Sen. Gatsas
Sen. Sapareto