The process of turning a bill into a law in New Hampshire can take several months or even years. The first step is for a member of the House or Senate to file a request for a new law with the Office of Legislative Services, which then drafts the request into a bill. The bill is then submitted to the chamber of the legislature, where it undergoes a series of readings, committee hearings, and votes before being passed on to the other chamber, where the process is repeated. If the bill is passed by both chambers, it is sent to the Governor for approval, who has the option to sign it into law, let it pass without a signature, or veto it. If vetoed, the bill returns to the legislature, where a two-thirds vote in both chambers is required to overturn the veto and pass the bill into law.
What You'll Learn
Legislative Service Request
A Legislative Service Request (LSR) is a proposed bill that can be filed by a state resident or a member of the New Hampshire Legislature, which is made up of 400 Representatives and 24 Senators. The LSR must be filed by a legislative sponsor or sponsors. The bill is then drafted by legislative services to ensure the appropriate language is used to meet the purpose of the LSR. All drafted bills must be approved and signed by the sponsoring legislator; all co-sponsors must also approve and sign the drafted bill.
The bill is then introduced, given a bill number under either the House of Representatives (HB) or Senate (SB), depending on the seat of the prime sponsor, and assigned to a committee for review. 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 standing committee and sent to be printed. The President of the Senate or the Speaker of the House assigns the bill to a committee, with the choice of committee based on the subject matter.
The committee will hold public hearings for stakeholders to present their arguments in support or opposition to the bill. New Hampshire is one of the few states that require a public hearing on all bills. The Chairman announces the number and title of the bill at the hearing. People wishing to testify before the committee are required to give their names and addresses, and if they are a lobbyist, they must state this. Those in favour of the bill and those against it alternate in speaking at the hearings.
After the committee hearings, the committee will make a recommendation on whether the bill should pass when it goes to the full house or senate. The committee will also vote on whether to recommend that their legislative chamber passes the bill in its original form or as amended, refer it back to the committee for further study, or defeat it. If the bill passes the first vote, it moves from one chamber to the other, where the process is repeated: a public hearing, committee recommendation, and a vote by the full chamber. If the bill passes, but changes are made, a special committee is set up to work out an agreement between the House and the Senate, so everyone is satisfied with the changes. This is called the Committee of Conference.
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Public hearings
New Hampshire is one of the few states that require a public hearing on all bills. The committee holds public hearings for stakeholders to present their arguments in support or opposition to the bill. 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, and state their names, addresses, and, if they are a lobbyist, they must state this to the Clerk.
The public hearing is an opportunity for those in favor of the bill and those against it to speak. Those wishing to speak leave their names with the Committee Clerk and are called in an alternating fashion, with each side of the debate getting their chance to speak. The Chairman is responsible for keeping speakers focused on the topic and not deviating into arguments or inquiries. The length of time allowed for each speaker may be limited by the committee. If a citizen cannot be present at the hearing, they may submit a written statement to the Clerk of the committee.
Only committee members may ask questions of the speaker, and speakers are not permitted to ask questions of the committee or other speakers. Anyone may submit amendments to a bill, and it is advisable to provide copies for all committee members. Once all speakers have been heard, the Chairman declares the public hearing closed.
After the public hearing, the committee moves into deliberation and decision-making, which is done in an executive session. A majority of members must be present to take action, and the public may observe this process as the final vote on a bill is taken. The committee then submits a report to the Clerk of the Senate or House, making a recommendation on the bill's future.
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Committee recommendation
After the public hearing, the committee members deliberate and vote on the bill in private. The committee will then make a recommendation on the bill to the full house or senate. The committee recommendation can be one of the following:
- "Ought to pass"
- "Ought to pass as amended"
- "Inexpedient to legislate"
- "Refer to interim study"
- "Re-refer to Committee"
The first two recommendations are self-explanatory. The third recommendation, "Inexpedient to legislate", means that the committee does not recommend passing the bill, and the bill is considered killed if this recommendation is adopted by the House or Senate. The fourth recommendation, "Refer to interim study", means that the committee wants to study the bill further before making a decision. This recommendation can only be made in the second year of the two-year legislative session. The final recommendation, "Re-refer to Committee", means that the committee wants to send the bill back to a different committee for further review. This recommendation can only be made in the first year of the legislative session.
It is important to note that the committee recommendation is not the final decision on the bill. The full legislative chamber will consider the recommendation and make the final decision through a vote. The committee recommendation provides guidance and reflects the majority decision of the committee members, but it is not binding on the full legislative chamber.
If the bill passes the first vote in one chamber, it will then move to the other chamber, where the process is repeated: a public hearing is held, the committee makes a recommendation, and the full chamber votes on the bill. If the bill passes both chambers, it will then be sent to the Governor for approval.
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Governor's signature
Once a bill has been passed by both the House and the Senate, it is sent to the Governor for their signature. The Governor has three options: they can sign the bill, refuse to sign it, or veto it. If the Governor signs the bill, it becomes law. If they choose not to sign, the bill will automatically become law within five days without a signature. If the Governor vetoes the bill, it will go back to the legislature, where a two-thirds majority vote in both the House and the Senate is required to override the veto and for the bill to become law without the Governor's signature. If the two-thirds majority vote is not reached, the veto is upheld, and the bill dies.
If the legislature has adjourned, the Governor has five days (excluding Sundays and holidays) to sign the bill. If it is not signed within this time, the bill dies. This is known as a "pocket veto." Each bill includes a specific date on which it will take effect.
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Veto and override
Once a bill has been passed by both the House and the Senate, it is sent to the Governor, who has the power to veto it. If the Governor chooses to veto a bill, it will be sent back to the New Hampshire Legislature, where it originated, along with a veto message. For the veto to be overturned, a two-thirds majority roll-call vote is required in each body. If the veto is successfully overridden, the bill becomes law without the Governor's signature. However, if the two-thirds majority vote is not reached in both bodies, the veto is upheld, and the bill dies.
The Governor has a limited time frame in which to veto a bill. If the Legislature has not adjourned, the Governor has five days to sign the bill, veto it, or allow it to pass without a signature. If the Legislature has adjourned, the Governor has five days (excluding Sundays and holidays) to sign; otherwise, the bill dies. This is known as a "pocket veto".
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Frequently asked questions
An idea for a bill can come from a state resident or a member of the legislature.
A bill must be drafted in the correct form and language, approved and signed by the sponsoring legislator, introduced to the legislature, assigned to a committee, go through committee hearings and deliberations, pass the House or Senate floor, go through the other body, and finally be sent to the Governor.
The Governor has three options: sign the bill, choose not to sign the bill, or veto the bill. If the Governor chooses not to sign, the bill will become law in five days. If the bill is vetoed, it will go back to the legislature and can become law with a two-thirds majority vote.