HB 408 – AS INTRODUCED
HOUSE BILL 408
This bill provides the titles for the article of the New Hampshire Constitution as approved by the legislature for titles of articles which were not explicitly approved by voters at a state election.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Thirteen
AN ACT establishing approved titles for articles of the New Hampshire Constitution.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Hampshire Constitution; Titles for Articles. Pursuant to RSA 17-A:8, the general court hereby establishes and approves the following titles for the Articles of the New Hampshire Constitution according to the conventional numbering as follows:
PART FIRST --
BILL OF RIGHTS
1. Equality of Men; Origin and Object of Government.
2. Recognition of Natural Rights.
2-a. The Bearing of Arms
3. Surrender and Protection of Natural Rights.
4. Rights of Conscience Unalienable.
5. Religious Freedom Recognized.
6. Necessity for Inculcation of Morality and Piety to Maintain Free Government.
7. State Sovereignty and Limits of the Government of the United States of America.
8. Origin of All Power in Government and Accountability of Magistrates and Officers; Public's Right to Know.
9. No Heredity for Office or Place.
10. The Purpose of Government, Redistribution of Wealth Prohibited and Obligation of Revolution.
11. Elections and Elective Franchises.
12. Protection and Taxation Reciprocal; When Laws are Binding.
13. Conscientious Objectors Not Compelled to Bear Arms.
14. Legal Remedies to be Free, Complete, and Prompt.
15. Rights of Accused.
16. Former Jeopardy; Jury Trial in Capital Cases.
17. Venue of Criminal Prosecution.
18. Penalties to be Proportioned to Offenses; True Design of Punishment.
19. Searches and Seizures Regulated.
20. Jury Trial in Civil Causes.
21. Jurors to be Carefully Selected and Fully Compensated.
22. Free Speech; Liberty of the Press.
23. Retrospective Laws Prohibited.
24. Importance of the Militia.
25. Standing Armies Dangerous.
26. Military, Subject to Civil Power.
27. Quartering of Soldiers.
28. Taxes Levied Only by the Legislature.
28-a. Mandated Programs.
29. Suspension and Execution of the of Laws Only by the Legislature.
30. Freedom of Speech in the Legislature.
31. Duties of the Legislature.
32. Rights of Assembly, Instruction of Representatives, and Petition for Redress of Grievances.
33. Excessive Bail, Fines, and Punishments Prohibited.
34. Martial Law Limited.
35. The Purpose of the Judiciary; and Their Tenure of Office, etc.
36. Limitations on pensions.
36-a. Use of Retirement Funds.
37. Separation of Powers and Limits thereto, and the Self-consistency of the Constitution.
38. The People must study the Constitution, Use it as the Measure of Candidates for Office and Have the Right to Enforce it on All of the Members of Government.
39. Changes in Town and City Charters; Referendum Required.
PART SECOND --
FORM OF GOVERNMENT
1. Declaration of Sovereignty and Establishment of the State.
2. Legislative Power Vested Senate and House of Representatives, the General Court Only.
3. General Court, When to Meet and Dissolve.
4. Power of General Court to Establish Judicial Courts.
5. The Legislature's Power to Make Laws, Establish Officers and Their Powers and Duties, Impose Fines, and Assess Taxes; Prohibited from Authorizing Towns to Aid Certain Corporations.
5-a. Continuity of Government in Case of Enemy Attack.
5-b. Power to Provide for Tax Valuations Based on Use.
6. Permitted Methods of Taxation and Frequency of Valuation.
6-a. Use of Certain Revenues Restricted to Highways.
7. Members of Legislature Not to Take Fees for the Introduction of legislation or Act as Counsel in Matters that are Before the Legislature.
8. Doors of the Gallery to be Open.
HOUSE OF REPRESENTATIVES
9. Representatives Elected Every Second Year; Apportionment of Representatives.
9-a. Legislative Adjustments of Census with Reference to Non-residents.
10. Representation of Small Towns [Repealed, 1889 and incorporated in 11.]
11-a. Division of Town, Ward, or Place into Representative Districts.
12. Biennial Election of Representatives in November.
13. Qualification of Voters [Repealed, 1976. and incorporates in Part First, Article 11]
14. Election, and Qualifications of Representatives.
15. Compensation of the Legislature.
16. Vacancies in the House of Representatives, How Filled.
17. House of Representatives is the Grand Inquest of the State and Impeaches Before the Senate.
18. Money bills to Originate in House of Representatives.
18-a. Budget Bills Not to Affect Statutory Law.
19. Adjournment of the House of Representatives.
20. Quorum of the House of Representatives.
21. Diplomatic privileges of Members of the Legislature.
22. House of Representatives to Elect Speaker and Officers, Settle Rules of Their Proceedings, and Punish Contempt of the House.
23. Senate, Governor and Council Have Like Powers to Punish Contempt but Imprisonment Is Limited.
24. Journals and Laws to be Published Including Yeas and Nays, and Protests.
25. Senate; How Constituted.
26. Senatorial Districts, How Constituted.
26-a. Division of Town, Ward or Place for Senatorial Districts.
27. Election of Senators.
28. [Repealed, 1976, incorporated into 29 and Part First, Article 11]
29. Qualifications of Senators.
30. Inhabitant Defined for Voting.
31. Inhabitants of Unincorporated Places; Their Rights, etc. [Repealed, 1976, Incorporated into Part First, Article 11]
32. Biennial Meetings, How Noticed, Governed, and Conducted; Return of Votes, for Governor, Council, and Senators,
33. Secretary of State to Count Votes for Senators and Representatives and Notification and Seating of Persons Elected.
34. Vacancies in Senate, How Filled.
35. Senate, Judges of Their Own Elections.
36. Senate Adjournment.
37. Senate to Elect Their Own Officers; Quorum.
38. Senate a Court to Try Impeachments; Mode of Proceeding.
39. Judgment on Impeachment.
40. Chief Justice to Preside on Impeachment of Governor.
EXECUTIVE POWER- GOVERNOR
41. Governor, Supreme Executive Magistrate, to Execute Laws and Enforce Constitutional and Legislative Mandates.
42. Election of Governor, Return of Votes the same as Senators; Election by a Plurality, If No Choice, Legislature to Elect One of Two Highest Candidates; Qualifications for Governor.
43. In Cases of Disagreement between Houses of the Legislature, Governor to Adjourn or Prorogue Legislature; if Causes Exist, may Convene them Elsewhere.
44. Governor's Power to Veto to Bills.
45. Resolves to be Treated like Bills.
46. Nominations and Appointment of Officers.
47. Governor and Council have Negative on Each Other.
48. Appointment of Militia Company Officers [Repealed, 1976.]
49. Order of Succession to the Office of Governor
49-a. Vacancy in Office of Governor Due to Physical or Mental Incapacity and Prolonged Failure to Qualify, etc.
50. Governor to Prorogue or Adjourn Legislature, and Call Extra Sessions.
51. Powers and Duties of Governor as Commander-in-Chief.
52. Governor's Pardoning Power.
53. Removal of Militia Officers[Repealed, 1976.]
54. Appointment of Staff and Non-commissioned Officers [Repealed, 1976.]
55. Division of the Militia into Brigades, Regiments and Companies [Repealed, 1976.]
56. Disbursements from Treasury.
57. Accounts of Military Stores[Repealed, 1950.]
58. Compensation of Governor and Council.
59. Salaries of Superior Court Judges.
60. Election of Councilors.
61. Selection of Councilor if Tied; Qualification of Councilors.
62. Council Vacancies after Election; Governor to Convene Council.
63. Impeachment of Councilors.
64. Secretary to Record Proceedings of Council.
65. Councilor Districts.
66. Regulation of Election of Officers by the Legislature.
SECRETARY, TREASURER, ETC.
67. Election of Secretary and Treasurer by the Legislature.
68. Duties of the Secretary of State.
69. Deputy Secretary of State.
70. Secretary of State to Give Bond.
COUNTY TREASURER, ETC.
71. County Treasurers, Registers of Probate, County Attorneys, Sheriffs, and Registers of Deeds Elected.
72. Counties may be Divided into Districts for Registering Deeds.
72-a. Judicial Courts of the State of New Hampshire.
73. Tenure of Office of Commissioned Officers, Removal from Office.
73-a. Administrative Duties of the Supreme court.
74. Judges to Give Opinions to Legislature and Governor and Council.
75. Justices of Peace Commissioned for Five Years.
76. Issues of Marriage Divorce, and Alimony and Probate Appeals, Where Tried.
77. Jurisdiction of Justices of the Peace in Civil Causes, and Police Courts in Criminal Causes.
78. Judges and Sheriffs Age Qualification.
79. Judges and Justices Not to Act as Counsel in Cases Before Their Court .
80. Regulation of Probate Courts by the Legislature.
81. Judges and Registers of Probate Not to Act as Counsel in the Counties where They Serve.
CLERKS OF COURTS
82. Judges, other than Probate shall appoint their Clerks of Courts; Clerks Not to Act as Attorney or Counsel in the Court they serve.
ENCOURAGEMENT OF LITERATURE, TRADE, ETC.
83. Encouragement of Literature, etc.; Control of Corporations, Monopolies, etc.
OATHS AND SUBSCRIPTIONS EXCLUSION FROM OFFICES, ETC.
84. Oath of Office for Civil Officers.
85. Administration of Oaths of Office.
86. Form of Commissions.
87. Form of Writs.
88. Form of Indictments.
89. Suicides and Deodands.
90. Existing Laws Continued if Not Repugnant to the Constitution.
91. Habeas corpus shall only be Suspended by the Legislature and not more than Three Months.
92. Enacting style of statutes.
93. Governor and Judges Prohibited from Holding Other Offices.
94. Incompatibility of County Offices; No more than Two Offices of Profit to be Held at One Time.
95. Incompatibility of State and Federal Offices.
96. Bribery and Corruption in Obtaining Office Disqualify for Office.
97. [Valuation of Money, Repealed, 1950.]
98. Enrollment of Amendments to the Constitution of the State of New Hampshire Regulated by the Legislature.
99. [Constitutional Amendments, Repealed, 1980, Incorporated into Article 100]
100. Alternate Methods of Proposing Amendments to the Constitution of the State of New?Hampshire.
101. Enrollment of the Constitution of the State of New Hampshire.
2 Effective Date. This act shall take effect 60 days after its passage.