SR9 (2011) Detail

Requesting an opinion of the justices concerning the constitutionality of HB 89.


SR 9 – AS INTRODUCED

2011 SESSION

11-1096

01/09

SENATE RESOLUTION 9

A RESOLUTION requesting an opinion of the justices concerning the constitutionality of HB 89.

SPONSORS: Sen. Bradley, Dist 3; Sen. De Blois, Dist 18; Sen. Boutin, Dist 16

COMMITTEE:

ANALYSIS

This senate resolution requests an opinion of the justices concerning the constitutionality of HB 89.

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11-1096

01/09

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Eleven

A RESOLUTION requesting an opinion of the justices concerning the constitutionality of HB 89.

Whereas, there is pending in the senate HB 89, “An act requiring the attorney general to join the lawsuit challenging the Patient Protection and Affordable Care Act;” and

Whereas, HB 89 as passed by the house of representatives and presently pending before the senate would require the attorney general to move to join the state of New Hampshire as a plaintiff in the lawsuit pending in federal court captioned State of Florida et al. v. United States Department of Health and Human Services et al. (hereinafter “the lawsuit”); and

Whereas, at least 27 of the 50 states have joined as plaintiffs in the lawsuit; and

Whereas, the lawsuit challenges the applicability of portions of a federal law that would require individual New Hampshire citizens to purchase health insurance, even if they did not wish to do so; and

Whereas, the provisions being challenged in the lawsuit reflect matters of broad public policy, but do not presently affect the individual liberty or property interests of any individual New Hampshire citizen; and

Whereas, Part II, Article 5 of the New Hampshire constitution states: “full power and authority are hereby given and granted to the said general court, from time to time, to make, ordain, and establish, all manner of wholesome and reasonable orders, laws, statutes, ordinances, directions, and instructions, either with penalties, or without, so as the same be not repugnant or contrary to this constitution;” and

Whereas, Part I, Article 37 of the New Hampshire constitution sets forth the principle of separation of powers as an integral part of our governmental system of checks and balances; and

Whereas, a question has arisen as to the constitutionality of the provision in HB 89 requiring the attorney general to join the lawsuit; now, therefore, be it

Resolved by the Senate:

That the justices of the supreme court be respectfully requested to give their opinion upon the following questions of law:

1. Does the requirement in HB 89 that the attorney general move to have the state of New Hampshire join as a plaintiff in the lawsuit, violate Part I, Article 37 of the New Hampshire constitution?

2. Does the requirement in HB 89 that the attorney general move to have the state of New Hampshire join as a plaintiff in the lawsuit, fall within the broad grant of authority to the general court set forth in Part II, Article 5 of the New Hampshire constitution?

3. Does HB 89 as adopted by the house of representatives and presently pending before the senate violate any other provision of the New Hampshire constitution?

That the clerk of the senate transmit copies of this resolution and HB 89 to the justices of the New Hampshire supreme court.