Bill Text - CACR1 (2005)

Relating to taxation. Providing that the maximum increase in any budget bill in the state or its political subdivisions shall be limited by the rates of inflation and population growth unless overridden.


Revision: Jan. 21, 2010, midnight

CACR 1 – AS INTRODUCED

2005 SESSION

05-0208

06/10

CONSTITUTIONAL AMENDMENT

CONCURRENT RESOLUTION 1

RELATING TO: taxation.

PROVIDING THAT: the maximum increase in any budget bill in the state or its political subdivisions shall be limited by the rates of inflation and population growth unless overridden.

SPONSORS: Rep. Weyler, Rock 8; Rep. Camm, Rock 8; Rep. Bicknell, Rock 1; Sen. Boyce, Dist 4; Sen. Barnes, Dist 17

COMMITTEE: Finance

ANALYSIS

This constitutional amendment concurrent resolution provides that:

I. The maximum increase in the budget from the previous year shall be limited to the increase in the rate of inflation plus the percentage change in the state population in the prior calendar year unless overridden by a 2/3 vote of the house of representatives and the senate.

II. The maximum increase in the budget of any political subdivision shall be limited to the increase in the rate of inflation plus the increase in the population of the subdivision unless overridden by a 2/3 vote of the budget approval body of the political subdivision.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

05-0208

06/10

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Five

CONCURRENT RESOLUTION PROPOSING CONSTITUTIONAL AMENDMENT

RELATING TO: taxation.

PROVIDING THAT: the maximum increase in any budget bill in the state or its political subdivisions shall be limited by the rates of inflation and population growth unless overridden.

Be it Resolved by the House of Representatives, the Senate concurring, that the

Constitution of New Hampshire be amended as follows:

I. That article 18-a of the second part of the constitution be amended to read as follows:

[Art.] 18-a. [Budget Bills.]

I. All sections of all budget bills before the general court shall contain only the operating and capital expenses for the executive, legislative and judicial branches of government. No section or footnote of any such budget bill shall contain any provision which establishes, amends or repeals statutory law, other than provisions establishing, amending, or repealing operating and capital expenses for the executive, legislative, and judicial branches of government. The state operating budget for any fiscal year shall not exceed the amount appropriated for the prior fiscal year multiplied by a percentage that is the sum of the average of the annual rate of inflation for each of the 2 most recent years for which data is available plus the average of the annual percentage increase in the state population for each of the 2 most recent years for which data is available. Population shall be determined by a state or federal agency and shall be adjusted every 10 years to conform to the last general census of the inhabitants of the state taken by authority of the United States or of this state. The general court may override the budget limit by an affirmative vote of 2/3 of the members present and voting in the house of representatives and in the senate.

II. The maximum increase in the budget of any political subdivision of the state over its budget of the previous year shall be limited to any annual increase in the rate of inflation plus the annual percentage increase in the population of the political subdivision, as determined by a state or federal agency. The political subdivision may override the limit by an affirmative vote of 2/3 of the body with authority to approve the final budget.

II. That the above amendment proposed to the constitution be submitted to the qualified voters of the state at the state general election to be held in November, 2006.

III. That the selectmen of all towns, cities, wards and places in the state are directed to insert in their warrants for the said 2006 election an article to the following effect: To decide whether the amendments of the constitution proposed by the 2005 session of the general court shall be approved.

IV. That the wording of the question put to the qualified voters shall be:

“Are you in favor of amending the second part of the Constitution to provide for certain limitations on spending by amending article 18-a to read as follows:

[Art.] 18-a. [Budget Bills.]

I. All sections of all budget bills before the general court shall contain only the operating and capital expenses for the executive, legislative and judicial branches of government. No section or footnote of any such budget bill shall contain any provision which establishes, amends or repeals statutory law, other than provisions establishing, amending or repealing operating and capital expenses for the executive, legislative and judicial branches of government. The state operating budget for any fiscal year shall not exceed the amount appropriated for the prior fiscal year multiplied by a percentage that is the sum of the average of the annual rate of inflation for each of the 2 most recent years for which data is available plus the average of the annual percentage increase in the state population for each of the 2 most recent years for which data is available. Population shall be determined by a state or federal agency and shall be adjusted every 10 years to conform to the last general census of the inhabitants of the state taken by authority of the United States or of this state. The general court may override the budget limit by an affirmative vote of 2/3 of the members present and voting in the house of representatives and in the senate.

II. The maximum increase in the budget of any political subdivision of the state over its budget of the previous year shall be limited to any annual increase in the rate of inflation plus the annual percentage increase in the population of the political subdivision, as determined by a state or federal agency. The political subdivision may override the limit by an affirmative vote of 2/3 of the body with authority to approve the final budget.”

V. That the secretary of state shall print the question to be submitted on a separate ballot or on the same ballot with other constitutional questions. The ballot containing the question shall include 2 squares next to the question allowing the voter to vote “Yes” or “No.” If no cross is made in either of the squares, the ballot shall not be counted on the question. The outside of the ballot shall be the same as the regular official ballot except that the words “Questions Relating to Constitutional Amendments proposed by the 2005 General Court” shall be printed in bold type at the top of the ballot.

VI. That if the proposed amendment is approved by 2/3 of those voting on the amendment, it becomes effective when the governor proclaims its adoption.

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