Versions of SB9:
From 1957 Senate Journal
Senate Index
[SJ 1320] Public Records, Relating to . . . 30, 107, 108, 119, 120, 123, 128
Tuesday, January 15, 1957
[SJ 30] Introduction of Bills
Senator Bennett, District No. 5, introduced the following entitled bill, which was read a first and second time, laid upon the table to be printed, and referred:
To the Committee on Ways and Means:
Senate Bill No. 9, An Act relative to public records and proceedings.
Thursday, February 7, 1957
[SJ 101] Committee Reports
[SJ 107] Senator DeLude, for the Committee on Ways and Means, to whom was referred:
Senate Bill No. 9, An Act relative to public records and proceedings.
Having considered the same, reported the same with the following resolution:
Resolved, That it is inexpedient to legislate.
The report was accepted.
The President recognized Senator Rainie, District No 15:
"Those of you who have bothered to read this bill will find it very minute in its coverage. However, at the hearing, there was much opposition expressed, and the committee felt it unwise to take action on such legislation at this time. The committee felt that if properly authorized people have need to refer to such records, they are usually able to do so. Only rarely do they run up against a stubborn individual who does not cooperate with them in this request. We felt it was not wise or fair to have such records, such as welfare, etc., open to the general public, perhaps just for curiosity. It could prove embarrassing. As it is now, any legitimate person can usually obtain the information he requires."
The President recognized Senator Bennett, District No. 5:
"As sponsor of Senate Bill No. 9, I represented to the committee at the hearing several amendments to the bill as printed in which I took cognizance of some of the weaknesses in the early bill as printed. I have some interesting new developments [SJ 108] which will affect at least one of those suggested amendments. In view of this, I would like to move the Senate Bill No. 9, with the accompanying report, be laid upon the table and made a Special Order of Business for next Tuesday morning, February 12, at 11:01 o'clock."
The above motion was seconded by Senator Cleveland, District No. 7.
On a viva voce vote, the affirmative prevailed, and the above motion carried.
Tuesday, February 12, 1957
[SJ 119] Special Order of Business
Senator Bennett, District No. 5, called for the Special Order. It being, consideration of Senate Bill No. 9, An Act relative to public records and proceedings, with the accompanying report of the committee, Inexpedient to legislate.
Question being stated: Shall the recommendation of the committee, Inexpedient to legislate, be adopted?
The President recognized Senator Bennett, District No. 5, to speak on the bill:
"I would like to offer a motion to refer Senate Bill No. 9, to the Legislative Council for further consideration. At this time, I might say that I have made some effort to draft an amendment which might be acceptable to the Senate, but after some consideration, I have decided against this as I sense the unanimity of the Senate against the passage of this bill and the amendment I have in mind. I can see no useful purpose to pursue the matter further at this time. However, I certainly believe that the State of New Hampshire should consider the adoption of some legislation relative to public records and proceedings. However, I will agree with my colleague that some very careful study is needed and we must not be hasty. For [SJ 120] that reason, I believe that the Legislative Council would have the time and the opportunity to review this bill and could then make recommendation to the next Legislature with regard to it."
The President reminded Senator Bennett, District No. 5, that the report of the Committee on Ways and Means is before the Senate and must be disposed of one way or another. After this committee report is disposed of, the President stated that he would be agreeable to entertaining another motion with reference to the bill, if Senator Bennett so desired.
Question being on the recommendation of the Committee on Ways and Means that Senate Bill No. 9 is inexpedient to legislate.
On a viva voce vote, the affirmative prevailed, and the recommendation of the committee was adopted.
Wednesday, February 13, 1957
[SJ 123] The President recognized Senator Bennett, District No. 5, who offered the following resolution:
Resolved, That the subject matter of Senate Bill No. 9, An Act relative to public records and proceedings, be referred the the Legislative Council for study and that the Countil report back any recommendations relative to the subject matter to the next session of the Legislature.
On a viva voce vote, the affirmative prevailed, and the resolution was adopted.
Senator Packard, District No. 16, wished to be recorded as having voted against the above resolution.
Senator Packard, District No. 16, demanded a roll call.
The President ruled that the above resolution had been [SJ 124] adopted, and other matters had been taken up in the interval, and therefore he would rule that a roll call cannot be called for at this time.
[SJ 128] The President recognized Senator Adams, District No. 22:
"Mr. President, at this time, I would like to move that the Senate reconsider its vote whereby it referred Senate Bill No. 9, An Act relative to public records and proceedings, to the Legislative Council, and demand a roll call. I take this action because at the time this vote was taken, I heard a member of the Senate desire a roll call. It is my contention, and I will make this motion every time this sort of thing occurs - I believe that any Senator is entitled to have his demand for a roll call granted at any time and on any bill he wishes."
The President recognized Senator Karkavelas, District No. 21:
"I wish to second the motion on reconsideration. I wish to state at this time that while I am a member of the Senate, I will respect, at any time, the right of any member to demand a roll call. I believe that this is right and while I do not say that the Chair was in error in not granting this request, I do wish to second the thoughts expressed by the Senator from District No. 22."
[SJ 129] Senator Packard rose in support of the motion to reconsider.
Senator Rainie spoke in opposition to reconsideration.
Senator Daniel stated that there was strong opposition to this bill at the hearing.
Question being, Shall the Senate reconsider its vote whereby it adopted the resolution?
On this question, a roll call had been demanded.
The Clerk proceeded to call the roll.
The following named Senators voted in the affirmative: Lamontagne, O'Brien, Hodgdon, Anderson, Rhodes, English, Paquette, Packard, Caron, Provost, Daniel, Bergeron, Karkavelas, Adams and Humphreys. The following named Senators voted in the negative: Horner, Bennett, Rogers, Cleveland, DeLude, Holmes, Rainie and Merrill.
Fifteen Senators having voted in the affirmative, and eight Senators having voted in the negative, the affirmative prevailed, and the motion to reconsider carried.
Question now being on the adoption of the resolution.
Senator Packard moved that the resolution be indefinitely postponed.
Senator Cleveland spoke in opposition to the motion to indefinitely postpone, and moved that the above resolution be laid upon the table.
Senator Karkavelas inquired if the resolution was laid upon the table, would it then require a two-thirds vote of the Senate to take it off the table. The reply was a majority vote would be required, rather than a two-thirds vote.
Senator Rainie moved that the Senate adjourn. This motion was seconded by Senator Bennett, District No. 5.
Question being on the motion to adjourn.
Senator Packard demanded a roll call on the above motion.
The Clerk proceeded to call the roll.
The following named Senators voted in the affirmative: Bennett, Rogers, Cleveland, Holmes and Rainie. The following named Senators voted in the negative: Lamontagne, O'Brien, Horner, Hodgdon, DeLude, Anderson, Rhodes, English, Paquette, Packard, Caron, Provost, Daniel, Bergeron, Karkavelas, Adams, Merrill and Humphreys.
Five Senators having voted in the affirmative, and eighteen Senators having voted in the negative, the negative prevailed, and the motion to adjourn was lost.
[SJ 130] Question being on the motion of Senator Cleveland that the resolution be laid upon the table.
Senator Caron requested a brief recess, which was granted by the Chair.
(Recess)
The Senate re-assembled.
Senator Karkavelas requested a division on the motion to lay upon the table.
Seven Senators having voted in the affirmative, and sixteen Senators having voted in the negative, the negative prevailed, and the motion to lay upon the table was lost.
Question now being on Senator Packard's motion to indefinitely postpone the resolution.
Senator Karkavelas requested a Division.
Fourteen Senators having voted in the affirmative, and nine Senators having voted in the negative, the affirmative prevailed, and the motion to indefinitely postpone was adopted.
[SJ 1227] APPENDIX I
FINAL DISPOSITION OF BILLS AND RESOLUTIONS
[SJ 1278] SENATE BILLS
Senate Bill No. 9, An Act relative to public records and proceedings.
Killed.