2003 SESSION

03-0572

10/09

SENATE BILL SB 31

COMMITTEE: Internal Affairs

ANALYSIS

This bill changes the name of the legislative facilities committee to the legislative management committee, lists the powers and duties of the committee, establishes an employee means of address, and repeals certain session laws relating to the facilities committee.

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

03-0572

10/09

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Three

Be it Enacted by the Senate and House of Representatives in General Court convened:

1 Joint Committee on Legislative Management. RSA 17-E is repealed and reenacted to read as follows:

CHAPTER 17-E

JOINT COMMITTEE ON LEGISLATIVE MANAGEMENT

17-E:1 Committee Established. A joint committee on legislative management is hereby established.

17-E:2 Membership. The committee shall consist of:

I. The president of the senate or designee.

II. The speaker of the house or designee.

III. The majority leaders of each house or designee.

IV. The minority leaders of each house or designee.

V. The chairperson of the senate finance committee.

VI. The chairperson of the house finance committee.

VII Two members of the house appointed by the speaker of the house.

VIII. Two members of the senate appointed by the president of the senate.

17-E:3 Chairperson. The chairperson for the committee shall rotate biennially between the president of the senate or designee and the speaker of the house or designee. In the event that the presiding officer or his or her designee serving as chairperson resigns or for any reason is unable to serve, the other presiding officer or his or her designee shall become chairperson, provided that such substitution shall not change the rotation provided for in this section.

17-E:4 Meetings.

I. The committee shall meet on a regular basis and at such other times at the call of the chair or upon written request of 4 members and any such special meeting shall be held within 5 days of such call or request. A notice of the time and place of each meeting of the committee, or of the house or senate subcommittee established in RSA 17-E:5, including a nonpublic session, shall be advertised in the house and senate calendars no fewer than 4 days prior to any meeting. An agenda clearly describing all subjects to be discussed or acted upon by the joint committee or subcommittees shall be prepared and provided to committee members, and to any person upon request, at least 2 days prior to any scheduled meeting.

II. Minutes of all meetings shall be made and the entire proceeding shall be recorded by such means as may be approved by the committee. The minutes shall include the names of members in attendance and of persons appearing before the committee, and a brief description of the subjects discussed, votes taken, and final dispositions of all actions. The minutes shall be available and open to public inspection within 144 hours of the meeting. Minutes of the joint committee shall be filed with the house clerk and the senate clerk within 144 hours of the meeting. Minutes of the house and senate subcommittees shall be filed with the clerk of the respective body within 144 hours of the meeting.

III. A quorum for the transaction of business by the joint committee shall be 7 members.

IV. The business of the joint committee and subcommittees may be transacted by telephone, exchange of correspondence, or an informal poll of members, unless one or more members object; provided, however, that no action that involves the termination, demotion, or reduction of salary of any employee shall be taken except upon deliberation and the affirmative vote of a majority of the committee present at a meeting. Any business conducted outside of a meeting shall be ratified at the next meeting of the committee or subcommittee.

17-E:5 House and Senate Subcommittees. The house members, with the speaker as chairperson, shall be a subcommittee for legislative management for the house; and the senate members, with the president as chairperson, shall be a subcommittee for legislative management of the senate. All transfers within the house or senate appropriations and all salaries of legislative employees of the house or senate, unless otherwise specifically provided by statute, shall require the approval of the respective subcommittee. The salaries as determined hereunder shall be a charge upon the appropriation made for the legislature. A quorum for the transaction of business by the house and senate subcommittees shall be 4 members.

17-E:6 Powers and Duties. The committee shall have the following powers and duties:

I. To review and approve all joint legislative budgets.

II. To appoint the directors or heads of all joint legislative agencies, departments, or offices, and to establish the salary for such positions, except as otherwise provided.

III. To approve the appointment and compensation recommendations for the employees of the office of legislative services made by the director of that office, and the appointment and compensation recommendations made by the director or head of any other joint legislative agency, department, or office for the employees of those offices, except as otherwise provided.

IV. To establish a compensation and classification schedule for all employees of joint legislative service agencies, departments, and offices, except the legislative budget assistant and employees of that office. The house subcommittee shall establish salary schedules and benefits for all house employees. The senate subcommittee shall establish salary schedules and benefits for all senate employees.

V. To develop, adopt, and publish a uniform manual of personnel policies and procedures.

VI. To enter into contracts and hire consultants.

VII. To establish rules of procedure for the conduct of the business of the committee in accordance with rules of the house and the senate.

VIII. To conduct its proceedings in compliance with the provisions of RSA 91-A.

IX. To establish policies regarding the use of the facilities under control of the legislature in the state house, the legislative office building, the Upham Walker house, parking garages and lots, and any future facility that may come under legislative management.

X. To perform all actions authorized by statute.

XI. To study ways and means to improve legislative operation, facilities, and working conditions.

17-E:7 Employee Means of Address. The joint committee, or the house or senate subcommittee, shall afford any employee who is subject to any action that involves termination, demotion, reduction of salary, or other unfavorable action, the opportunity to appear before the committee. The legislative employee shall be entitled to have counsel, and shall have the right to adduce evidence, produce and cross-examine witnesses, and present all relevant arguments.

2 References to Legislative Facilities Committee Changed to Legislative Management Committee. Amend the following RSA provisions by replacing "facilities" with "management": 14:5-a; 14:7; 14:19; 14:20; 14:21; 14-B:4, VIII; 17-A:2; 17-A:4; 20:1; 20:2-b; 20:16; 125:13-a; 198:49, VII; 541-A:2, II; 663:3-a.

3 Repeal. The following are repealed:

I. 1973, 368, relative to establishing a legislative facilities committee.

II. 1974, 38:23 and 24, relative to the legislative parking facility.

III. 1975, 308, relative to legislative printing.

IV. 1975, 430:2, relative to renovating the Old Post Office in Concord.

V. 1975, 465:1, relative to duties of the legislative facilities committee.

VI. 1975, 479:4, relative to a legislative parking facility.

VII. 1975, 491:1 and 2, relative to state house renovations.

VIII. 1981, 568:79, relative to legislative branch employee fringe benefits.

IX. 1983, 469:110, relative to the office of legislative accounting.

4 Effective Date. This act shall take effect 60 days after its passage.