HB 536 – AS INTRODUCED
2005 SESSION
10/09
HOUSE BILL 536
AN ACT relative to excluding deductions from compensation from all elected state, county, and local officials.
SPONSORS: Rep. Marple, Merr 9; Rep. L. Christiansen, Hills 27; Rep. Sorg, Graf 3; Rep. Welch, Rock 8; Rep. P. Johnson, Hills 26
COMMITTEE: Legislative Administration
This bill states that as constitutional officers of government, no elected state, county, or local official shall have any deductions from his or her compensation unless individually contracted for.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
05-0214
10/09
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Five
AN ACT relative to excluding deductions from compensation from all elected state, county, and local officials.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Findings. The general court finds, that the plain statement enumerated in part I, article 8 of the New Hampshire Constitution, the peoples reserved Bill of Rights, defines all elected officials as follows: “All magistrates and officers of government are their substitutes and agents and at all times accountable to them.” The controlling maxim “inclusion unius est exclusiio alternius” applies to the definition, “substitutes and agents,” which language preempts and excludes all other definitions of elected officials.
2 Elected Officials; Compensation. All elected state, county, and local officers of government are excluded and exempt from any deductions or diminishment of the constitutional compensation due them while acting as “substitutes and agents” of the people.
3 Right to Contract. This act explicitly reserves to all magistrates and officers of government their individual constitutional right to contract with whoever they choose, but no inhabitant of this state shall be compelled to perform a contract which he or she did not enter into, knowingly, willingly, and intentionally.
4 Effective Date. This act shall take effect 60 days after its passage.