Legislation
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BS Kids LLC , the author of the information and any other legal publisher. Customers of BS Kids should not act upon this information without seeking professional
counsel. The opinions expressed in the material presented to BS Kids clientele is based on information found in legal publications. BS Kids LLC, 78 Canterberry
Court, Hudson, NH 03051 781-756-1214.
legal opinions on any specific matters. Transmission of the information is not intended to create and receipt does not constitute a lawyer-client relationship between
BS Kids LLC , the author of the information and any other legal publisher. Customers of BS Kids should not act upon this information without seeking professional
counsel. The opinions expressed in the material presented to BS Kids clientele is based on information found in legal publications. BS Kids LLC, 78 Canterberry
Court, Hudson, NH 03051 781-756-1214.
How a Bill Becomes a Law
The following procedure is followed in making laws in the State of New Hampshire.
An idea for change or improvement in the laws of New Hampshire must first be drafted into a bill in proper
form and language. Draft bills come from the 400 elected Representatives to the General court and the 24
members of the New Hampshire Senate. Heads of state agencies, the Governor, a private citizen, or
interest group that wishes to propose legislation must find a sponsor in the legislative body to submit their
suggestion to Legislative Services for drafting. All drafted bills must be approved and signed by the
sponsoring legislator; all co-sponsors must also approve and sign the drafted bill.
HOW THE BILL IS PRESENTED TO THE LEGISLATURE
The drafted bill is first given to the Clerk of the Senate or House - to whichever body the sponsor belongs.
The bill is introduced when the House adopts a motion referring to bills by number only, in accordance with
the list in the possession of the Clerk. The bill is read twice in the early session; it is then assigned to a
committee and sent to be printed. The President of the Senate or the Speaker of the House assigns the
bill to a standing committee. The choice of this committee is made on the basis of subject matter, as
outlined in Rules of the House covering the jurisdictions of the standing committees.
The New Hampshire Constitution provides that all money bills (those imposing new means to raise money)
must originate in the House; but the Senate may propose, or concur with, amendments, as on other bills.
STANDING COMMITTEES
Standing committees for the House and Senate are appointed by the Speaker of the House and the
President of the Senate respectively. Appointments to committees are made by the President or Speaker,
with the advice of the minority party floor leader.
THE BILL AND COMMITTEE HEARINGS
Every bill introduced and referred to a committee must have a public hearing unless the rules are
suspended by two-thirds of the members present. New Hampshire is one of the few states requiring a
public hearing on all bills.
TESTIMONY AT AND CONDUCT OF COMMITTEE HEARINGS
The Chairman announces the number and title of the bill at the beginning of the hearing. People wishing to
testify before the committee are required to rise, address the Chairman, give their names, addresses and,
if appearing in a a lobbyist, state such to the Clerk. Those in favor of the bill and those against the bill
alternate in speaking at all hearings. Those wishing to speak leave their names with the Committee Clerk
and are called in order.
The Chairman has the duty to call to order a speaker not keeping remarks to the point. The purpose of a
public hearing is to give testimony and information, not to argue or inquire. The length of time allowed any
one speaker may be limited by the committee. If a citizen cannot be present at a hearing a written
statement may be submitted to the Clerk of the committee. Only committee members may ask questions of
the speaker. Speakers may not ask questions of the committee or other speakers. Anyone may submit
amendments to a bill. It is advisable that any such amendment, pertinent information or testimony should
be duplicated so that all committee members will have a copy. When all persons have been heard, the
Chairman declares the public hearing closed.
THE BILL AND COMMITTEE DELIBERATION
Committee deliberation and decision is done in executive session. A majority must be present in order to
take action. The public may observe committees in executive session as they take their final vote on a bill.
A report is submitted to the Clerk of the Senate or House entitled "Ought to pass," "Ought to pass as
amended," "Inexpedient to legislate," "Refer to interim study," or "Re-refer to Committee." Re-refer to
committee shall be a committee report only in the first year session; Refer to interim study shall be a
committee report only in the second year session. This report reflects the majority decision of those at the
committee deliberation
THE BILL ON THE FLOOR OF THE HOUSE OR SENATE
All bills may be acted upon the day after the committee report appears in the House Calendar. Any
amendments proposed by the committee which make material changes in the original bill must be printed
in the calendar.
Action on bills is taken on the second reading on the floor of the House or Senate. Debate, if any, is held
and amendments are made at this time.
A bill is considered killed when the House or Senate votes to adopt the committee report of "Inexpedient to
legislate," or when a motion from the floor to "Indefinitely postpone" is adopted.
After a bill has passed the body of the Legislature in which it originated, it is sent on to the other body
where it goes through similar procedures, except for bills containing an appropriation.
APPROPRIATION BILLS
All bills appropriating money are sent to the House Appropriations Committee, or to the Senate Finance
Committee, either as an initial step or after favorable floor action on bills sent to other committees. The
Appropriations or Finance Committee then goes through the same procedure of a public hearing and a
committee report.
AMENDED BILLS
Every bill must be passed in identical form by each of the two bodies, Senate and House, before it is sent
to the Governor.
If a bill has been amended by the non-originating body, it is sent back to the originating body for
concurrence. At this point, there are three options:
ENROLLED BILLS
When a bill has passed both houses, it is sent to the Committee on Enrolled Bills for the purpose of
enrolling. This committee carefully examines the bill for clerical errors or formal imperfections. In case of
such errors, it reports them back to both houses for amendment in those particulars only.
Once the enrolling reports are read in each house, the bill is signed by the Senate President or the
Speaker of the House. (This is an administrative function only and does not carry power of veto by
refusal.) The bill is then forwarded to the Secretary of State.
The bill is transmitted to the Governor by the Secretary of State. It may be recalled from the Governor any
time before it is acted upon, by a majority vote of the Senate or House, whichever last had possession.
THE FINAL ACCEPTANCE OR REJECTION OF A BILL
If the legislature has not adjourned, the Governor has five days in which to sign the bill, veto the bill, or
allow the measure to pass without signature. When the bill is signed the bill, it becomes law; if it is neither
signed nor vetoed, it becomes law without signature.
If the bill is vetoed, it returns to the body where it originated, with a veto message. This veto, to be
overturned, must have a two-thirds roll call vote in each body. It then becomes law without the Governor’s
signature. Without the two-thirds affirmative vote in both bodies, the veto is upheld.
If the Legislature has adjourned, the Governor has five days (excluding Sundays and holidays) in which to
sign the bill. If it is not signed, the bill dies. This is the "pocket veto." Each bill carries in its final paragraphs
the specific date that it is to go into effect.
MAKE UP OF THE NH LEGISLATURE AND HOW A BILL
BECOMES A LAW
Make up of the Legislature
How a Bill Becomes a Law
How YOU can have an Impact!
Get involved
How to testify before a Legislative Hearing:
Be sure to arrive a few minutes early the day of the hearing to sign a pink card.
Things to know or do when signing in:
A PRIMER ON LEGISLATIVE PROCESS
Introducing a Bill While any of us may have an idea for legislation, only State Representatives and
Senators can file a bill with the Office of Legislative Services. A carefully drafted bill is signed by the
Senator or Representative who is the prime sponsor (and co-sponsors if desired) and submitted to the
Clerk's office. The Senate President or House Speaker, after a formal "reading" of the bill, then assigns
the bill to the appropriate House/Senate standing committee for a public hearing.
Public Hearing Hearings must be announced to the public at least 72 hours in advance through the
House/Senate Calendar. At the bill's public hearing, supporting and opposing testimony is heard from all
interested parties. Following the public hearing (not usually the same day), the Committee members vote
to pass the legislation, amend it, refer it back to the Committee for further study, or defeat the legislation.
The Committee's decision then goes to the floor of the House or Senate for a vote by the full body.
Floor Action The bill is then placed on the House/Senate Calendar for a "floor vote", where a Committee
member presents the Committee's decision. Floor debate may follow, with legislators who oppose the
Committee's decision speaking alternately with legislators who support the Committee. It is rare for the full
Senate or House to overturn a Committee's decision. After debate, the full body votes on the Committee's
decision. The results of the body floor action can be found in the House/Senate Journals.
Referral to the Other Legislative Body If the bill is defeated or is referred for study, it does not pass to the
other legislative body. If the bill passes or passes with amendments, it is referred to the other house of the
legislature for another committee hearing and full body vote. Crossover day is the deadline for all House
bills to go to the Senate and all Senate bills to go to the House.
To the Governor If both the House and Senate pass a bill or agree on an amended version (every bill must
be passed in identical form by the two bodies before it can be sent to the Governor), it then goes to the
Governor's desk for approval. The Governor has five days to veto the bill or, if the Governor takes no
action within five days, the bill passes into law.
Overriding a Veto If the bill is vetoed, it takes 2/3 of both the House and the Senate to override the
Governor's action and pass the bill into law.
Citizen Participation You have many opportunities to impact this process, including testifying at hearings,
writing letters or making phone calls to your representatives, or working with organizations to create
awareness of the possible impact of a piece of legislation. You should know that New Hampshire's "citizen
legislature" is a great source of state pride, and that Representatives and Senators welcome phone calls
at home since most of them don't have offices at the State House, and have little or no staff to help them
gather information. To contact your Legislator you may call the House Clerk's office (603) 271-2548 or the
Senate Clerk's office (603) 271-3420 for more information.
The following procedure is followed in making laws in the State of New Hampshire.
An idea for change or improvement in the laws of New Hampshire must first be drafted into a bill in proper
form and language. Draft bills come from the 400 elected Representatives to the General court and the 24
members of the New Hampshire Senate. Heads of state agencies, the Governor, a private citizen, or
interest group that wishes to propose legislation must find a sponsor in the legislative body to submit their
suggestion to Legislative Services for drafting. All drafted bills must be approved and signed by the
sponsoring legislator; all co-sponsors must also approve and sign the drafted bill.
HOW THE BILL IS PRESENTED TO THE LEGISLATURE
The drafted bill is first given to the Clerk of the Senate or House - to whichever body the sponsor belongs.
The bill is introduced when the House adopts a motion referring to bills by number only, in accordance with
the list in the possession of the Clerk. The bill is read twice in the early session; it is then assigned to a
committee and sent to be printed. The President of the Senate or the Speaker of the House assigns the
bill to a standing committee. The choice of this committee is made on the basis of subject matter, as
outlined in Rules of the House covering the jurisdictions of the standing committees.
The New Hampshire Constitution provides that all money bills (those imposing new means to raise money)
must originate in the House; but the Senate may propose, or concur with, amendments, as on other bills.
STANDING COMMITTEES
Standing committees for the House and Senate are appointed by the Speaker of the House and the
President of the Senate respectively. Appointments to committees are made by the President or Speaker,
with the advice of the minority party floor leader.
THE BILL AND COMMITTEE HEARINGS
Every bill introduced and referred to a committee must have a public hearing unless the rules are
suspended by two-thirds of the members present. New Hampshire is one of the few states requiring a
public hearing on all bills.
TESTIMONY AT AND CONDUCT OF COMMITTEE HEARINGS
The Chairman announces the number and title of the bill at the beginning of the hearing. People wishing to
testify before the committee are required to rise, address the Chairman, give their names, addresses and,
if appearing in a a lobbyist, state such to the Clerk. Those in favor of the bill and those against the bill
alternate in speaking at all hearings. Those wishing to speak leave their names with the Committee Clerk
and are called in order.
The Chairman has the duty to call to order a speaker not keeping remarks to the point. The purpose of a
public hearing is to give testimony and information, not to argue or inquire. The length of time allowed any
one speaker may be limited by the committee. If a citizen cannot be present at a hearing a written
statement may be submitted to the Clerk of the committee. Only committee members may ask questions of
the speaker. Speakers may not ask questions of the committee or other speakers. Anyone may submit
amendments to a bill. It is advisable that any such amendment, pertinent information or testimony should
be duplicated so that all committee members will have a copy. When all persons have been heard, the
Chairman declares the public hearing closed.
THE BILL AND COMMITTEE DELIBERATION
Committee deliberation and decision is done in executive session. A majority must be present in order to
take action. The public may observe committees in executive session as they take their final vote on a bill.
A report is submitted to the Clerk of the Senate or House entitled "Ought to pass," "Ought to pass as
amended," "Inexpedient to legislate," "Refer to interim study," or "Re-refer to Committee." Re-refer to
committee shall be a committee report only in the first year session; Refer to interim study shall be a
committee report only in the second year session. This report reflects the majority decision of those at the
committee deliberation
THE BILL ON THE FLOOR OF THE HOUSE OR SENATE
All bills may be acted upon the day after the committee report appears in the House Calendar. Any
amendments proposed by the committee which make material changes in the original bill must be printed
in the calendar.
Action on bills is taken on the second reading on the floor of the House or Senate. Debate, if any, is held
and amendments are made at this time.
A bill is considered killed when the House or Senate votes to adopt the committee report of "Inexpedient to
legislate," or when a motion from the floor to "Indefinitely postpone" is adopted.
After a bill has passed the body of the Legislature in which it originated, it is sent on to the other body
where it goes through similar procedures, except for bills containing an appropriation.
APPROPRIATION BILLS
All bills appropriating money are sent to the House Appropriations Committee, or to the Senate Finance
Committee, either as an initial step or after favorable floor action on bills sent to other committees. The
Appropriations or Finance Committee then goes through the same procedure of a public hearing and a
committee report.
AMENDED BILLS
Every bill must be passed in identical form by each of the two bodies, Senate and House, before it is sent
to the Governor.
If a bill has been amended by the non-originating body, it is sent back to the originating body for
concurrence. At this point, there are three options:
- The originating body concurs, or agrees, and the bill is sent to the Governor.
- The originating body nonconcurs, or does not agree, and requests a Committee of Conference
between the two bodies. In this case, the Senate President and the House Speaker normally appoint
a conference committee of members of both houses to work out a compromise. - The originating body does not concur, no Committee of Conference is requested, and the bill dies.
All reports of conference committees must be distributed to the members of each body before action
can be taken. The originating body acts first on a conference committee report.
ENROLLED BILLS
When a bill has passed both houses, it is sent to the Committee on Enrolled Bills for the purpose of
enrolling. This committee carefully examines the bill for clerical errors or formal imperfections. In case of
such errors, it reports them back to both houses for amendment in those particulars only.
Once the enrolling reports are read in each house, the bill is signed by the Senate President or the
Speaker of the House. (This is an administrative function only and does not carry power of veto by
refusal.) The bill is then forwarded to the Secretary of State.
The bill is transmitted to the Governor by the Secretary of State. It may be recalled from the Governor any
time before it is acted upon, by a majority vote of the Senate or House, whichever last had possession.
THE FINAL ACCEPTANCE OR REJECTION OF A BILL
If the legislature has not adjourned, the Governor has five days in which to sign the bill, veto the bill, or
allow the measure to pass without signature. When the bill is signed the bill, it becomes law; if it is neither
signed nor vetoed, it becomes law without signature.
If the bill is vetoed, it returns to the body where it originated, with a veto message. This veto, to be
overturned, must have a two-thirds roll call vote in each body. It then becomes law without the Governor’s
signature. Without the two-thirds affirmative vote in both bodies, the veto is upheld.
If the Legislature has adjourned, the Governor has five days (excluding Sundays and holidays) in which to
sign the bill. If it is not signed, the bill dies. This is the "pocket veto." Each bill carries in its final paragraphs
the specific date that it is to go into effect.
MAKE UP OF THE NH LEGISLATURE AND HOW A BILL
BECOMES A LAW
Make up of the Legislature
- House of Representatives
- Senate
- Legislative committees
How a Bill Becomes a Law
- A legislator has an idea and brings the idea to Legislative Services
- The lawyers working in Legislative Services then put that idea into legal form as a bill that is then
approved by the originator. - The legislative committee holds a hearing and makes a recommendation to the full chamber which
will then either pass it, kill it, or vote to study it some more.
- Those that are passed then go to the other chamber for action.
If both bodies pass it, but it has been amended, it must go to a Conference Committee, which will
then decide whether to push it through or kill it.
- After it has made it through both chambers; the Governor then must either sign it, veto it, or allow it
to become law without his signature.
- A veto by the Governor may be overridden by 2/3 vote of both chambers and it become a law.
How YOU can have an Impact!
Get involved
- Get on the phone, e-mail and write your legislators
- Get to know your legislators
- Offer to help your legislators or make donations
- Form a PAC
How to testify before a Legislative Hearing:
Be sure to arrive a few minutes early the day of the hearing to sign a pink card.
Things to know or do when signing in:
- The bill number
- Sign in for or against the bill
- If testifying, record the length of time you will need and check "YES" to "Wish to Speak"
- Pass the pink card into the clerk or chair of the committee
- Keep your testimony as brief and personal as possible. Even though you are presenting testimony
orally, provide a copy in writing for all committee members. Limit yourself to a single-spaced
typewritten page. - Recognize the chairperson by name, then the members of the committee in general.
- State your name and where you are from. Let them know that you are someone who as been
impacted in some way by the issue at hand. Use photos, anecdotes, or personal experience to
personalize your testimony. - Relate a personal story or experience if at all possible or one of someone you know. Don’t be afraid
to let committee members know the concerns and frustrations this issue has caused you, your
friends, your family members or your community. - If you have facts that show the benefits or cost effectiveness of what you are testifying about be
sure to offer this information. - In your closing, thank the committee members for their time and ask them if they have any questions
they would like to ask you. If none, return to general seating.
A PRIMER ON LEGISLATIVE PROCESS
Introducing a Bill While any of us may have an idea for legislation, only State Representatives and
Senators can file a bill with the Office of Legislative Services. A carefully drafted bill is signed by the
Senator or Representative who is the prime sponsor (and co-sponsors if desired) and submitted to the
Clerk's office. The Senate President or House Speaker, after a formal "reading" of the bill, then assigns
the bill to the appropriate House/Senate standing committee for a public hearing.
Public Hearing Hearings must be announced to the public at least 72 hours in advance through the
House/Senate Calendar. At the bill's public hearing, supporting and opposing testimony is heard from all
interested parties. Following the public hearing (not usually the same day), the Committee members vote
to pass the legislation, amend it, refer it back to the Committee for further study, or defeat the legislation.
The Committee's decision then goes to the floor of the House or Senate for a vote by the full body.
Floor Action The bill is then placed on the House/Senate Calendar for a "floor vote", where a Committee
member presents the Committee's decision. Floor debate may follow, with legislators who oppose the
Committee's decision speaking alternately with legislators who support the Committee. It is rare for the full
Senate or House to overturn a Committee's decision. After debate, the full body votes on the Committee's
decision. The results of the body floor action can be found in the House/Senate Journals.
Referral to the Other Legislative Body If the bill is defeated or is referred for study, it does not pass to the
other legislative body. If the bill passes or passes with amendments, it is referred to the other house of the
legislature for another committee hearing and full body vote. Crossover day is the deadline for all House
bills to go to the Senate and all Senate bills to go to the House.
To the Governor If both the House and Senate pass a bill or agree on an amended version (every bill must
be passed in identical form by the two bodies before it can be sent to the Governor), it then goes to the
Governor's desk for approval. The Governor has five days to veto the bill or, if the Governor takes no
action within five days, the bill passes into law.
Overriding a Veto If the bill is vetoed, it takes 2/3 of both the House and the Senate to override the
Governor's action and pass the bill into law.
Citizen Participation You have many opportunities to impact this process, including testifying at hearings,
writing letters or making phone calls to your representatives, or working with organizations to create
awareness of the possible impact of a piece of legislation. You should know that New Hampshire's "citizen
legislature" is a great source of state pride, and that Representatives and Senators welcome phone calls
at home since most of them don't have offices at the State House, and have little or no staff to help them
gather information. To contact your Legislator you may call the House Clerk's office (603) 271-2548 or the
Senate Clerk's office (603) 271-3420 for more information.
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