Bill Text - CACR30 (2012)

Relating to limitations on impeachment judgment. Providing that judgment may include forfeiture of pension and retirement benefits.


Revision: Dec. 14, 2011, midnight

CACR 30 – AS INTRODUCED

2012 SESSION

12-2251

06/09

CONSTITUTIONAL AMENDMENT

CONCURRENT RESOLUTION 30

RELATING TO: limitations on impeachment judgment.

PROVIDING THAT: judgment may include forfeiture of pension and retirement benefits.

SPONSORS: Rep. Oligny, Rock 8; Rep. Lambert, Hills 27; Rep. Manuse, Rock 5

COMMITTEE: Judiciary

ANALYSIS

This constitutional amendment concurrent resolution provides that judgment on impeachment may include forfeiture of pension and retirement benefits.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

12-2251

06/09

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Twelve

CONCURRENT RESOLUTION PROPOSING CONSTITUTIONAL AMENDMENT

RELATING TO: limitations on impeachment judgment.

PROVIDING THAT: judgment may include forfeiture of pension and retirement benefits.

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

Constitution of New Hampshire be amended as follows:

I. That article 39 of the second part of the constitution be amended to read as follows:

[Art.] 39. [Judgment on Impeachment Limited.] [Their] The Senate’s judgment, however, shall not extend further than removal from office, disqualification to hold or enjoy any place of honor, trust, or profit, and forfeiture of any pension or retirement benefit, under this state, but the party so convicted, shall nevertheless be liable to indictment, trial, judgment, and punishment, according to the laws of the land.

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, 2012.

III. That the selectmen of all towns, cities, wards and places in the state are directed to insert in their warrants for the said 2012 election an article to the following effect: To decide whether the amendments of the constitution proposed by the 2012 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 article 39 of the second part of the constitution to read as follows:

[Art.] 39. [Judgment on Impeachment Limited.] The Senate’s judgment, however, shall not extend further than removal from office, disqualification to hold or enjoy any place of honor, trust, or profit, and forfeiture of any pension or retirement benefit, under this state, but the party so convicted, shall nevertheless be liable to indictment, trial, judgment, and punishment, according to the laws of the land.”

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 2012 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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