HB1194 (2012) Detail

Relative to the text of Article 73-a of Part II of the New Hampshire Constitution.


HB 1194 – AS INTRODUCED

2012 SESSION

12-2794

10/01

HOUSE BILL 1194

AN ACT relative to the text of Article 73-a of Part II of the New Hampshire Constitution.

SPONSORS: Rep. Kingsbury, Belk 4

COMMITTEE: Constitutional Review and Statutory Recodification

ANALYSIS

This bill authorizes the removal of the last sentence of Article 73-a of Part II of the New Hampshire Constitution by the secretary of state.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

12-2794

10/01

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Twelve

AN ACT relative to the text of Article 73-a of Part II of the New Hampshire Constitution.

Be it Enacted by the Senate and House of Representatives in General Court convened:

1 Findings of the Legislature. The approval of ballot question 4 at the state general election of 1978 inserted Article 73-a in Part II of the New Hampshire Constitution. However, the text enrolled as Article 73-a included as the last sentence of the article: “The rules so promulgated shall have the force and effect of law.” This last sentence was never submitted to the people for a vote and was never approved by the people. Since there was no such vote by the people, this sentence was attached to Article 73-a in error. According to the Constitution of the State of New Hampshire, Part II, Article 99, in effect at the time; only by a supermajority vote of the people can the constitution be changed. The people however did not vote on the last sentence in Article 73-a, therefore that addition was an error. Since it is an error, an error of this nature can be removed from the article by a simple majority vote of the legislature.

2 Secretary of State So Directed. The secretary of state, as the keeper of the records of the state and the holder of the enrolled Constitution of the state of New Hampshire, is hereby directed to correct the text of Article 73-a or Part II of the New Hampshire Constitution to read as follows, so as to its adoption at the 1978 state general election:

[Art.] 73-a. [Supreme Court, Administration.] The chief justice of the supreme court shall be the administrative head of all the courts. He shall, with the concurrence of a majority of the supreme court justices, make rules governing the administration of all courts in the state and the practice and procedure to be followed in all such courts.

3 Effective Date. This act shall take effect upon its passage.

Links

HB1194 at GenCourtMobile

Action Dates

Date Body Type

Bill Text Revisions

HB1194 Revision: 20795 Date: Dec. 14, 2011, midnight

Docket