TITLE I
THE STATE AND ITS GOVERNMENT

Chapter 14
LEGISLATIVE OFFICERS AND PROCEEDINGS

Section 14:1

    14:1 Repealed by 1979, 436:7, IV, eff.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

Section 14:2

    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.

Section 14:2-a

    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.

Section 14:2-b

    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.

Section 14:3

    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.

Section 14:4

    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.

Section 14:5

    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.

Section 14:5-a

    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.

Section 14:6

    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.

Section 14:6-a

    14:6-a Repealed by 1975, 472:3, I, eff.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

Section 14:7

    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.

Section 14:8

    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.

Section 14:9

    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.

Section 14:9-a

    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.

Section 14:10

    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.

Section 14:11

    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.

Section 14:12

    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.

Section 14:12-a

    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.

Section 14:13

    14:13 Repealed by 1971, 20:1, eff.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

Section 14:14

    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.

Section 14:14-a

    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.

Section 14:14-b

    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.

Section 14:14-c

    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.

Compensation, Etc.

Section 14:15

    14:15 Repealed by 1963, 284:2, eff.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

Section 14:15-a

    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.

Section 14:15-b

    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.

Section 14:16

    14:16 Repealed by 1963, 284:2, eff.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

Section 14:16-a

    14:16-a Repealed by 1979, 294:3, eff.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

Section 14:17

    14:17 Repealed by 1963, 284:3, eff.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

Section 14:17-a

    14:17-a Repealed by 2019, 5:1, eff.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

Section 14:17-b

    14:17-b Repealed by 1997, 110:3, Aug. 8, 1997.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

Section 14:18

    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.

Section 14:19

    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.

Section 14:19-a

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

Section 14:20

    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.

Section 14:21

    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.

Section 14:22

    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.

Section 14:23

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

Section 14:24

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

Section 14:24-a

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

Section 14:24-b

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

Section 14:25

    14:25 Repealed by 1965, 4:2, eff. Mar. 8, 1965. –

Section 14:25-a

    14:25-a Repealed by 1965, 4:2, eff. Mar. 8, 1965. –

Section 14:26

    14:26 Absence From Duties. – In case any one of the clerks, assistant clerks, stenographers, mileage clerks, attaches or other employees of the senate or house of representatives shall be absent from his or her duties, his or her compensation shall be suspended during said absence from duty, unless the presiding officers of the senate or the presiding officers of the house of representatives shall otherwise determine, for good cause shown.

Source. 1953, 2:2. RSA 14:26. 1995, 9:6, eff. June 11, 1995.

Section 14:27

    14:27 Repealed by 1965, 4:2, eff. Mar. 8, 1965. –

Section 14:27-a

    14:27-a Deceased Members Compensation. – In the event a member of the general court shall die after being sworn and while the general court is in regular session, the treasurer is directed and authorized to pay, upon demand and filing of a record of death with the secretary of state, to the surviving spouse, and if there be none, to the estate of such deceased member the balance of his compensation.

Source. 1963, 73:1. 1997, 325:1, eff. Aug. 22, 1997.

Section 14:27-b

    14:27-b Expenses of the General Court During Interim. – During the period when the legislature is not in session, no expenditure shall be charged against the legislative appropriation for the expenses of the legislature, exclusive of appropriations included therein for the office of the legislative budget assistant to the house and senate finance committees, and the office of the director of legislative services, without the authorization and approval of the president of the senate in the case of expenditures for the senate and the speaker of the house in the case of expenditures for the house. Authority is also granted hereby to the president of the senate and the speaker of the house to purchase supplies and equipment and to cause payment of expenses incidental to the operation and business of the legislature while the legislature is not in session. Such purchasing or payments shall be a charge upon the legislative appropriation, except such expenses as are otherwise specifically provided for by law.

Source. 1965, 239:17. 1967, 379:18. 1995, 9:7. 2003, 319:157, eff. July 1, 2003.

Section 14:27-c

    14:27-c Retirement Benefits; Certain Legislative and Constitutional Officers. –
I. Notwithstanding any other provision of law to the contrary, the full-time sergeant at arms, clerk, or assistant clerk of the house of representatives or the senate who is in office on the effective date of this section and the full-time secretary of state, deputy secretary of state, or state treasurer who is in office on the effective date of this section shall be entitled to all the same benefits as provided to members of the New Hampshire retirement system group I, except that after 10 years' service the officer shall be vested at 30 percent of final compensation, and 2 percent more each year thereafter of final year compensation.
II. Such full-time sergeant at arms, clerk, assistant clerk, secretary of state, deputy secretary of state, or state treasurer shall be credited with a year of service credit for each fiscal year during all or part of which the applicant served the state either full or part-time in one or more of the legislative offices listed above or in one or more of the constitutional offices listed above, provided such officer shall pay to the general fund an amount equal to 4.6 percent of the greater of the actual salary received during each such fiscal year or the lowest salary payable pursuant to RSA 99:1-a in that particular year.
III. Such full-time sergeant at arms, clerk, assistant clerk, secretary of state, deputy secretary of state, or state treasurer shall be credited with one month of service credit for each month the applicant served the state either full or part-time as an employee of the New Hampshire senate or the New Hampshire house, provided such officer shall pay to the general fund an amount equal to 4.6 percent of the actual salary received during each such month.
IV. Eligible legislative and constitutional officers in service on the effective date of this section shall exercise their option to buy back service credit under this section at any time prior to but no later than January 1, 1987.
V. Eligible legislative and constitutional officers who exercise their option under paragraph IV shall thereafter pay to the general fund an amount equal to 4.6 percent of their actual salary for each additional year of service.
V-a. In order to be consistent with the retirement benefits outlined in paragraph I, RSA 100-A:5, I(c) shall be applicable at the express option of any person eligible for retirement benefits under this section, except that, for the years of creditable service in the formula for the monthly reduction of vested deferred retirement benefits, the creditable years of service shall be applied on a prorated basis according to the formula of creditable years of service and vested benefits in RSA 14:27-c, I as a ratio to those in RSA 100-A:5, I(b).
VI. Administration of the retirement contributions and benefits for the eligible legislative and constitutional officers in this section shall be the responsibility of the commissioner of the department of administrative services.
VII. A sum sufficient to pay any and all benefits pursuant to this section is hereby continually appropriated therefor. The governor is authorized to draw his warrant for the payment thereof out of any money in the treasury not otherwise appropriated.

Source. 1986, 65:1. 1988, 282:4, eff. July 1, 1988.

Members From Non-Entitled Towns

Section 14:28

    14:28 No Compensation. – Any person attending at any session, as a member from a town or ward that is not authorized by law to elect a representative, shall not be entitled to receive any compensation for his travel or attendance.

Source. 1858, 2085:10. GS 2:10. 1874, 63:1. GL 2:10. PS 4:15. PL 4:26. RL 9:24.

Section 14:29

    14:29 Penalty for Acting. – If a person shall attend a session of the legislature and vote therein as a representative from any town or city, knowing that, by reason of want of the requisite number of inhabitants in said town or in the ward of the city which he represents, he is not lawfully entitled to a seat in the house of representatives, or that he was not legally elected a representative of such town or ward, he shall be guilty of a class B felony.

Source. 1858, 2085:10. GS 2:10. 1874, 63:1. GL 2:10. PS 4:16. PL 4:27. RL 9:25. RSA 14:29. 1973, 528:3, eff. Oct. 31, 1973 at 11:59 p.m.

Legislative Budget Assistant

Section 14:30

    14:30 Appointment and Compensation. – Prior to the prorogation of any regular session of the legislature, the fiscal committee shall appoint a legislative budget assistant whose name shall be filed with the secretary of state. Said officer shall receive such salary as may be determined by the legislature and shall be reimbursed for actual expenses when engaged in the duties of his office.

Source. 1953, 10:1, par. 33. RSA 14:30. 1969, 281:1, eff. June 24, 1969.

Section 14:30-a

    14:30-a Fiscal Committee. –
I. There is hereby established a fiscal committee of the general court. Said committee shall consist of 10 members. Five shall be members of the house as follows: the chairperson of the finance committee and 2 other members of the committee, appointed by the chairperson; and 2 other house members appointed by the speaker of the house. Five members shall be members of the senate as follows: the chairperson of the finance committee and 2 other members of that committee, appointed by the chairperson; and 2 other senators appointed by the senate president. The chairperson of the house finance committee shall be the chairperson of the fiscal committee.
II. The committee shall, while the general court is in session and during the interim, consult with, assist, advise, and supervise the work of the legislative budget assistant, and may at its discretion investigate and consider any matter relative to the appropriations, expenditures, finances, revenues or any of the fiscal matters of the state. The members shall be paid the regular legislative mileage during the interim while engaged in their work as members of the committee.
III. The fiscal committee shall consider recommendations proposed to it by the legislative performance audit and oversight committee established under RSA 17-N:1. The fiscal committee shall adopt all recommendations proposed to it as provided in RSA 17-N:1, III by the performance audit and oversight committee unless the fiscal committee refuses by unanimous vote to adopt such recommendations.
IV. [Repealed.]
V. [Repealed.]
VI. Any non-state funds in excess of $100,000, whether public or private, including refunds of expenditures, federal aid, local funds, gifts, bequests, grants, and funds from any other non-state source, which under state law require the approval of governor and council for acceptance and expenditure, may be accepted and expended by the proper persons or agencies in the state government only with the prior approval of the fiscal committee of the general court.

Source. 1965, 239:19. 1987, 416:7. 1989, 396:13; 408:2. 1991, 346:18, I. 1995, 9:8. 2005, 177:11. 2006, 290:21, eff. June 15, 2006. 2012, 247:10, eff. Aug. 17, 2012.

Section 14:31

    14:31 Office of Legislative Budget Assistant; General Duties. –
I. The office of the legislative budget assistant shall consist of 2 divisions, the audit division and the budget division.
II. The legislative budget assistant shall be responsible for the proper execution by the audit division and the budget division of their respective functions, as detailed in RSA 14:31, III, RSA 14:31-a, and RSA 14:31-b.
III. Both the audit division and the budget division shall conduct such investigations, analyses, or research into the financial activities and condition or the financial management procedures, or any specific area thereof, of any department, board, institution, commission, agency, political subdivision, or entity authorized to expend state funds for the information of the legislature, as the fiscal committee shall specifically direct. The authority of the legislative budget assistant to investigate, analyze, or research non-state agencies shall be limited to 5 entities in a 5-year period. In making any such investigation, analysis, or research, the legislative budget assistant, and any assistants appointed pursuant to RSA 14:34 and under the direction of the legislative budget assistant, shall have the power to examine whatever operations, accounts or records of, or property or things of value held by, said department, board, institution, commission, agency, political subdivision, or entity authorized to expend state funds the legislative budget assistant deems useful to said investigation, analysis, or research.
III-a. No department, board, institution, commission, agency, or political subdivision shall assert the attorney-client privilege in response to a request for information or examination of operations, accounts, or records by the legislative budget assistant. The attorney-client privilege shall not be deemed waived by any department, board, institution, commission, agency, or political subdivision that provides attorney-client privileged materials to the legislative budget assistant pursuant to this section. Attorney-client communications obtained from any regulated entities shall not be disclosed to the legislative budget assistant.
IV. All state departments, boards, institutions, commissions, agencies, and political subdivisions, and other entities authorized to expend state funds, shall be required to furnish to the legislative budget assistant any information, including confidential and privileged information, he or she may request in the course of carrying out the duties as prescribed by this section, RSA 14:31-a, and RSA 14:31-b, including online access to such information in the state's integrated, multi-module, information technology system, and any related subsystems, except that access to records, files, returns, or information deemed confidential information maintained by the department of revenue administration shall be controlled solely by the provisions of RSA 21-J:14. If the legislative budget assistant requires access to confidential or privileged information, the state entity shall furnish the information. In such situations, the legislative budget assistant shall be subject to the same restrictions and penalties regarding disclosure of the information as the original custodian of the information. The work product of the legislative budget assistant shall also be confidential to the extent required to preserve confidentiality required by law. Disclosure of confidential information to the legislative budget assistant shall be only for the purpose of, and to the extent necessary for, conducting audits as are required or permitted by law. The legislative budget assistant shall notify the head of any state department, board, institution, commission, agency, or political subdivision, or other entity authorized to expend state funds, before requiring the state entity to furnish any confidential or privileged information which was obtained by the entity through an exchange of information agreement with another state or the federal government. This paragraph shall not be construed to authorize disclosure to any member of the legislature or to any expert consultants, including certified public accountants and data processing experts, hired by the legislative budget assistant to assist him or her in the carrying out of the duties, except such summaries and results which do not disclose any identity required by law to be confidential or privileged, including the attorney-client privilege. If any entity objects to providing confidential or privileged information under the provisions of this paragraph, the state entity may apply to the fiscal committee of the general court for disapproval of the request.
V. The commissioner of administrative services shall deliver to the legislative budget assistant the official financial information under the control of the commissioner as required by this section in a form unaltered from that which is finally reported in the state's integrated multi-module, information technology system, including any related subsystems. The approval of the governor, the speaker of the house of representatives, and the senate president shall be required for delivery of any other information, other than the official financial information required by this section. The right of access to information under this section shall not arise until after each transaction or event subject to RSA 91-A has taken place. Such information shall be provided to the legislative budget assistant in a mutually agreeable and compatible format at the end of each business day. The legislative budget assistant shall be subject to the provisions of RSA 21-I:13-a, II and RSA 21-G:37, I-III. This paragraph shall not be construed as granting the legislative budget assistant access to any information or any information system relative to the internal functions of the office of the governor or any executive agency, department, board, commission, or institution.
VI. In addition to any other reports required by statute or by the fiscal committee to be submitted by the legislative budget assistant, he or she shall submit to the members of the finance and ways and means committees a report of the results of post-audits, program result audits, and investigations he or she has conducted since the date of his or her last such report. The fiscal committee shall determine which policy committees of both houses of the general court, in addition to those listed in this paragraph, shall receive reports pursuant to this paragraph. The report required by this paragraph shall be submitted not later than January 25 of each regular legislative session.

Source. 1953, 10:1, par. 34. RSA 14:31. 1969, 281:2. 1977, 217:1; 436:3. 1979, 179:2; 434:70. 1982, 42:179. 1983, 454:10. 1985, 399:29. 1987, 391:4, I; 416:8. 2000, 239:11, 12. 2006, 79:1. 2011, 173:1, eff. Aug. 13, 2011. 2015, 185:2; 276:180, eff. July 1, 2015; 276:270, eff. Jan. 1, 2016 at 12:01 a.m.

Section 14:31-a

    14:31-a Audit Division. –
I. The audit division shall:
(a) Conduct post-audits of the accounts and records of any state department, board, institution, commission, agency, or political subdivision, or other entity authorized to expend state funds. The authority of the legislative budget assistant to conduct post-audits on non-state agencies shall be limited to 5 entities in a 5-year period. The legislative budget assistant may cooperate with federal officials and agencies in conducting said post-audits.
(b) Audit the accounts of the state treasurer at least once each fiscal year. The findings and report of a certified accountant, designated by the legislative budget assistant, may be accepted as fulfilling the requirements of this subparagraph.
(c) Submit a detailed report of every audit conducted pursuant to this section to the fiscal committee for its approval. After approval by the committee, a copy of the report shall be given to the governor; the speaker of the house of representatives; the president of the senate; the commissioner of the department of administrative services; and the executive officer of the department, board, institution, commission, agency, political subdivision, or entity authorized to expend state funds concerned. The executive officer shall have the right to submit a written statement explaining or rebutting the findings of the report to the fiscal committee.
(d) Conduct such program result audits of any department, board, institution, commission, agency, political subdivision, or entity authorized to expend state funds as the fiscal committee shall specifically direct. Program result audits shall include, but not be limited to, examinations and any determinations based upon the examinations as to whether the results contemplated by the legislature, or other authorizing body, have been and are being achieved by the department, board, institution, commission, agency, political subdivision, or entity authorized to expend state funds concerned, and whether such objectives could be obtained more effectively through other means. This paragraph shall not apply to constitutional officers in the execution of their constitutional duties. The fiscal committee may direct the legislative budget assistant to expand the scope of any program result audit to include such policy analysis as the fiscal committee may, in its discretion, designate. Such committee shall, at least once every 10 years, consider the necessity of the review, pursuant to this paragraph, of each department, board, institution, commission, agency, political subdivision, and entity authorized to expend state funds.
(e) Conduct audits of the compliance of state agencies with statewide information technology standards and procedures.
(f) [Repealed.]
II. The detailed reports of every audit conducted pursuant to this section shall become a public record upon approval by the fiscal committee. Audit work papers and notes are not public records. However, those materials necessary to support the compilations in the final audit report may be made available by majority vote of the fiscal committee after a public hearing showing proper cause. For the purposes of this section, work papers shall include, but are not limited to, all preliminary drafts and notes used in preparing the audit report.

Source. 1973, 376:62. 1987, 416:9. 1991, 346:4. 1998, 222:5. 2001, 289:1. 2003, 319:41, I. 2006, 79:2, eff. July 1, 2007.

Section 14:31-b

    14:31-b Budget Division. –
I. The budget division shall:
(a) Provide technical staff assistance in the areas of finance, accounting and budgeting to the appropriations, finance, ways and means, and capital budget overview committees and such other committees, including joint committees, of the general court as the fiscal committee may from time to time designate, upon the request of any of such committees or the fiscal committee.
(b) Prepare fiscal notes and amendments to fiscal notes as required by RSA 14:44-47.
(c) Prepare fiscal impact statements as defined in RSA 541-A:1, VII.
(d) Conduct orientation programs and prepare and distribute summary materials regarding the budget and budget process to the full membership of the house and senate.
II. The legislative budget assistant shall attend all hearings on state budgets as provided for in RSA 9:7.

Source. 1987, 416:10. 1994, 412:2. 1998, 222:6, eff. June 22, 1998.

Section 14:31-c

    14:31-c Charge Back of Financial Audits of Special Funds Agencies. – The cost of any financial audit done by the legislative budget assistant or by any other auditor under his or her direction or authority of any department, division, or agency funded by highway, fish and game, any self-sustaining, or special fund shall be a charge against the appropriate fund and said cost shall be transferred from said fund to the general fund.

Source. 1987, 416:11, eff. July 1, 1987. 2013, 144:125, eff. July 1, 2013.

Section 14:32

    14:32 Office Space. – Suitable office space in the state house devoted to the use of the legislature shall be assigned to the legislative budget assistant for use during the legislative sessions and also during the interim between sessions.

Source. 1953, 10:1, par. 35. RSA 14:32. 1969, 281:3, eff. June 24, 1969.

Section 14:33

    14:33 Dismissal. – The legislative budget assistant may be dismissed at any time by vote of the fiscal committee for good cause shown in a complaint brought by the said committee. The legislative budget assistant shall be afforded due notice of any such complaint and a fair hearing before said committee before dismissal. Should the fiscal committee vote to dismiss the legislative budget assistant, the legislative budget assistant may appeal the dismissal to a special committee consisting of the house finance and senate finance committees which shall have the power to uphold or reverse the decision of the fiscal committee.

Source. 1953, 10:1, par. 36. RSA 14:33. 1969, 281:4. 1995, 9:9, eff. June 11, 1995.

Section 14:34

    14:34 Assistants. – The legislative budget assistant with the approval of the fiscal committee may appoint a deputy legislative budget assistant and such other assistants as he may require within the limits of the appropriation made for his department on recommendation of the fiscal committee. The deputy legislative budget assistant shall perform such duties as may be determined by the legislative budget assistant and may be dismissed by the legislative budget assistant with the approval of the fiscal committee for good cause shown. The legislative budget assistant shall also have the authority with the approval of the fiscal committee to hire on a temporary basis such expert consultants, including but not being limited to certified public accountants and data processing experts, as are necessary to carry out his duties.

Source. 1953, 10:1, par. 37. RSA 14:34. 1969, 281:5, eff. June 24, 1969.

Section 14:35

    14:35 Vacancies. – When the position of the legislative budget assistant becomes vacant the fiscal committee shall meet not less than one month after the vacancy occurs for the purpose of filling said vacancy. The deputy legislative budget assistant shall perform the duties of the legislative budget assistant during the period that the position of legislative budget assistant is vacant or for any period that the legislative budget assistant is unable for any reason to perform the duties of the position. When the position of the deputy legislative budget assistant becomes vacant the legislative budget assistant with the approval of the fiscal committee may appoint a deputy legislative budget assistant to fill the vacancy.

Source. 1953, 10:1, par. 38. RSA 14:35. 1969, 281:6. 1997, 1:1, eff. Feb. 6, 1997.

Section 14:35-a

    14:35-a Copies of Federal Audits, Required. – Every state agency, commission, institution and department receiving a federal audit of its operation or any part thereof is hereby directed to forward a copy of said audit to the legislative budget assistant within 15 days after the receipt of said audit.

Source. 1969, 13:1, eff. April 12, 1969.

Approval of Court Settlements

Section 14:35-b

    14:35-b Settlements of Court Claims Against the State. –
I. Any settlement of a claim against the state in which the state through its attorneys agrees to a commitment with financial consequences in excess of 1/4 of one percent or more of total reported general fund unrestricted revenues for the previous fiscal year as reported by the legislative budget assistant pursuant to paragraph II shall be subject to the approval of the legislature.
II. The legislative budget assistant shall report to the attorney general on January 1 of each year the latest available audited general fund unrestricted revenues for the previous fiscal year as well as the threshold amount at which a financial settlement would be subject to legislative approval pursuant to paragraph I.
III. Any proposed settlement subject to this section shall be presented as legislation in the next convened session of the legislature and acted upon in the same manner as any other bill.

Source. 1997, 153:1. 2002, 200:2, eff. July 1, 2002.

Drafting of Bills

Section 14:36 to 14:38

    14:36 to 14:38 Repealed by 1963, 297:4, eff. July 1, 1963. –

Printing of Bills Before Legislature Convenes

Section 14:39

    14:39 Proposed Bills. – Any senator-elect or representative-elect, after the day of his election, may file with the director of legislative services any proposed bill he desires to introduce. The director shall notify, immediately after the biennial election, each senator-elect and representative-elect of the provisions of this section and of the bill drafting service available in the office of legislative services. The clerk of the house and of the senate, respectively, shall cause sufficient copies of each bill to be printed, and shall make copies available to persons who request them.

Source. 1927, 121:1. RL 9:26. 1949, 128:1. RSA 14:39. 1963, 297:3. 1969, 47:1. 1987, 225:3, eff. May 18, 1987.

Section 14:39-a

    14:39-a Legislation Granting Rulemaking Authority. – Any member of the house of representatives or senate proposing legislation which includes provisions granting rulemaking authority to any agency as defined in RSA 541-A:1, II, shall include an explanation of the intent for the proposal relative to the parameters under which rulemaking authority under RSA 541-A may be used. Rulemaking provisions in proposed legislation shall not grant broad authority for the adoption of rules, including general authority to implement a program or to adopt fees, but shall specify the issues to be addressed by rules and the amount of any fee.

Source. 2006, 145:1. 2011, 224:222, eff. July 1, 2011.

Research Analyst

Section 14:40

    14:40 Repealed by 1971, 317:4, eff. Aug. 24, 1971. –

Section 14:41

    14:41 Repealed by 1971, 317:4, eff. Aug. 24, 1971. –

Section 14:42

    14:42 Repealed by 1971, 317:2, eff. Aug. 24, 1971. –

Section 14:43

    14:43 Repealed by 1971, 317:3, eff. Aug. 24, 1971. –

Fiscal Notes

Section 14:44

    14:44 Fiscal Note Required. –
I. All bills and resolutions having an effect on the revenues, expenditures, or fiscal liability of the state or a city or town or county which have a total fiscal impact of $10,000 or more in each fiscal year over the period covered by a fiscal note shall be accompanied by a fiscal note which sets forth the estimated fiscal impact thereof.
II. All bills and resolutions having an effect on the revenues, expenditures, or fiscal liability of the state or a city or town or county which have a total fiscal impact of less than $10,000 in each fiscal year over the period covered by a fiscal note shall be accompanied by a fiscal note stating the legislative budget assistant's determination that such bills and resolutions shall have a total fiscal impact of less than $10,000 in each fiscal year over the period covered by the fiscal note.
III. No fiscal note shall be required for bills and resolutions which:
(a) Make appropriations for capital improvements and expenditures.
(b) Are budget or supplemental budget bills.
(c) Establish study committees where the only fiscal impact of the bill is due to legislative mileage authorized for legislative members.
(d) Establish or change a civil penalty.
(e) Shift the burden of a tax among local taxpayers, without affecting the total amount of revenue received from the tax.
(f) Regulate the operation of boats or other watercraft on a particular body or bodies of water.
(g) Grant rulemaking authority to or alter the rulemaking authority of a state agency.
IV. All bills and joint resolutions relating to the New Hampshire retirement system shall be accompanied by a fiscal note which sets forth the estimated fiscal impact on any funds of the New Hampshire retirement system or local or state government.

Source. 1979, 179:1. 1991, 355:1. 1995, 248:1. 1996, 159:1, eff. July 1, 1996.

Section 14:45

    14:45 Definition. –
In this subdivision, "bill with a fiscal impact" means any bill or joint resolution introduced into either house of the general court:
I. Which would require the state or a city or town or county to appropriate or expend funds or both; or
II. Which would have the effect of changing the taxable valuation of a city or town or county by creating, expanding, increasing or reducing tax exemptions; or
III. Which would otherwise have the effect of changing the revenues of the state or a city or town or county.

Source. 1979, 179:1, eff. Sept. 1, 1979.

Section 14:46

    14:46 Preparation of Fiscal Notes. –
I. Fiscal impact notes shall be prepared by the legislative budget assistant with such assistance and data as he may require from any state agency, political subdivision, or any other source of data which he deems reliable, including but not limited to private individuals, corporations, and associations located within or without the state. He shall identify in the fiscal note the source or sources of the data.
II. Fiscal impact notes shall be prepared in accordance with the format developed by the legislative budget assistant.
III. The fiscal impact note shall include:
(a) An estimate of the anticipated impact of the bill on state or city or town or county fiscal liability or revenues, including any change in taxable valuation;
(b) Whether or not there is a federal mandate for a proposed program; and
(c) The impact on debt service for any bill which proposes additional bonded debt for capital projects including:
(1) The amount of all outstanding general fund bonded indebtedness on behalf of and incurred by the state during the last completed fiscal year; and
(2) A debt retirement schedule for all outstanding general fund bonded indebtedness including the bill's bonded indebtedness for the following 2 bienniums.
IV. The fiscal note for any bill with a fiscal impact shall be prepared and incorporated prior to the introduction of the bill or resolution.
V. A fiscal note may be requested after the introduction of a bill or resolution:
(a) If a majority of a committee to which is referred a bill or resolution not containing a fiscal note votes to have one prepared by the legislative budget assistant upon the motion of a member of said committee.
(b) If by a majority vote of those members present, a bill or resolution being considered on the floor of the house or senate is referred to the legislative budget assistant for the purpose of preparing a fiscal note. In such instances, the fiscal note shall be printed and distributed as are amendments to bills.
VI. The fiscal note for any bill with a fiscal impact on the corrections system shall include the estimated impact upon prosecution, incarceration, probation, and parole costs.
VII. (a) The speaker of the house of representatives, the minority leader of the house of representatives, the president of the senate, or the minority leader of the senate may request the legislative budget assistant to prepare and include in the fiscal note a demographic analysis on bills and resolutions having an effect on the demographics of the state. Each requestor shall be entitled to no more than 5 such requests during each annual legislative session.
(b) When possible, the demographic analysis contained in a fiscal note pursuant to subparagraph (a) shall be prepared and incorporated prior to the introduction of the bill or resolution. The demographic analysis shall accompany the bill throughout its course of passage through the general court and to the governor for action and shall be amended as necessary to correct errors or to agree with substantive amendments to the bill.
(c) In preparation of demographic analyses required pursuant to subparagraph (a), the legislative budget assistant shall seek the assistance and data from the state demographer or may request assistance from any other source of data which is deemed reliable, including but not limited to private individuals, research and educational organizations, corporations, and associations located within or outside the state.

Source. 1979, 179:1. 1987, 122:1. 1991, 335:2. 1996, 159:2, eff. July 1, 1996. 2018, 162:3, eff. July 1, 2019.

Section 14:47

    14:47 Amendments. – The fiscal note shall accompany the bill throughout its course of passage through the general court and to the governor for action and shall be amended as necessary to correct errors or to agree with substantive amendments to the bill.

Source. 1979, 179:1, eff. Sept. 1, 1979.

Legislation Impacting Local Revenues and Expenditures

Section 14:48

    14:48 Legislation Impacting Local Revenues and Expenditures. – The word "LOCAL" shall be placed after each house and senate bill number of all legislation and all proposed amendments which may impact local expenditures or which require the state to forward all or part of any designated revenues to the cities or towns. The office of legislative services shall indicate whether new legislation affects revenue sharing statutes.

Source. 1991, 103:1, eff. July 12, 1991.

Section 14:49

    14:49 Legislative Study Committees. –
I. (a) The statutory authorization for every study committee which is established by the general court shall be repealed either upon the filing of a final report or on November 1 in the even-numbered year prior to the beginning of the subsequent biennial session, whichever is earlier.
(b) The membership of any study committee established by the general court shall be limited to members of the general court only.
(c) The chairman of a study committee established by the general court shall, in addition to any other reporting requirements, electronically file the final report with the clerk of the house of representatives or clerk of the senate, and the clerks of the respective bodies shall post the report on the general court website.
II. In this section, "study committee" shall mean a committee, commission, task force, council, or any other similar entity established by the general court in chapter law to study or otherwise address a specified issue, and shall not include any similar entities that are codified in statute.

Source. 1993, 343:1. 2010, 232:1. 2011, 163:1, eff. Aug. 13, 2011.

Legislative Security

Section 14:50

    14:50 Legislative Security; Authority. –
I. The sworn members of the legislative security staff while on official duty shall have the authority of an ex officio constable including the power to detain persons who are creating a disturbance or who they have reasonable grounds to believe have committed any offense under the laws of the state, for as long as necessary to surrender the person to a state trooper, deputy sheriff, or local police officer having jurisdiction, provided such detention is accomplished in a reasonable manner.
II. When in the performance of their duties legislative security staff members shall be entitled to the same indemnification of state officers and officials as provided in RSA 99-D:2.
III. The legislative security staff shall be considered a law enforcement agency for purposes of receiving and exchanging criminal justice information and motor vehicle registration information with the department of safety and other law enforcement agencies.
IV. Legislative security staff members shall not be required to meet the training and certification requirements of RSA 106-L:6 but may attend and participate in training programs at the police standards and training council and upon successfully completing such programs shall receive the same academic credits or certifications as other peace officers attending such programs.
V. Legislative security staff members who were certified police officers prior to appointment to the legislative security staff may retain or regain their police certification while serving as sworn members of the legislative security staff upon completing such continuing education requirements as the police standards and training council may require.

Source. 2010, 261:2, eff. July 6, 2010. 2017, 206:4, eff. Sept. 8, 2017.

State House Operations

Section 14:51

    14:51 State House Operations Program. –
I. The legislature may enter into a memorandum of understanding with a private entity to implement a program that will allow the state house to be open to the public. The memorandum of understanding shall consider:
(a) Guided tours of the state house provided by volunteer tour guides.
(b) A security plan developed in consultation with legislative protective services which may include criminal background checks for volunteer tour guides.
(c) A plan for visitor use of restrooms.
(d) Appropriate signage, which may include signage on Interstate 93 developed in consultation with the department of transportation.
II. Prior to the implementation of the program, the memorandum of understanding shall be reviewed and approved by the joint committee on legislative facilities, established under RSA 17-E:1. Any costs to implement the approved memorandum of understanding shall not be a charge to the state.

Source. 2016, 261:1, eff. June 15, 2016.

General Court Administrative Office

Section 14:52

    14:52 Administrative Office. –
I. There shall be a general court administrative office in the state house under a director of the administrative office. The director may employ and contract for such additional professional, technical, clerical, or other employees necessary to perform the functions and duties of the office.
II. The director shall designate a person as the independent human resources professional. The director shall ensure the person designated has had or will receive training or certification in sexual harassment investigations. In addition to the procedure in RSA 14-B:3, I(d), the designated person shall carry out obligations as set forth in the general court's sexual harassment policy, including but not limited to, the receipt, investigation, and processing of verbal or written complaints from legislative staff, members of the public, or other members of the general court concerning current members of the general court, or members of the general court whose service ceased within 2 years prior to the complaint. Neither the office of the senate president nor the office of the speaker of the house of representatives shall have any oversight or responsibility for any complaints involving sexual harassment.
III. A sexual harassment complaint filed with the general court administrative office shall be confidential and not subject to disclosure to any third party, including but not limited to the attorney general's office; provided that the complainant may waive such confidentiality protections with informed, written consent. Nothing in this paragraph shall prevent the independent human resources professional from consulting with any person reasonably necessary to conduct an investigation.

Source. 2019, 311:1, eff. Jan. 1, 2020.