Bill Text - HB613 (2013)

Relative to procedures and authority for the redress of grievances.


Revision: Jan. 30, 2013, midnight

HB 613-FN – AS INTRODUCED

2013 SESSION

13-0184

10/04

HOUSE BILL 613-FN

AN ACT relative to procedures and authority for the redress of grievances.

SPONSORS: Rep. Tremblay, Rock 4

COMMITTEE: Legislative Administration

ANALYSIS

This bill establishes the statutory procedures and authority for the legislative committee responsible for the redress of grievances.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

13-0184

10/04

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Thirteen

AN ACT relative to procedures and authority for the redress of grievances.

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

1 New Chapter; Redress of Grievances. Amend RSA by inserting after chapter 16 the following new chapter:

CHAPTER 16-A

REDRESS OF GRIEVANCES

16-A:1 Constitutional Purpose. Our constitutional republic form of government derives its power from the people and is accountable to the people. The New Hampshire Constitution’s Bill of Rights addresses the problems and solutions of a tyrannical and oppressive government, including the state agencies, as well as other non-governmental organizations and non-profit entities as partners with government, by providing for the redress of grievances under Articles 31 and 32. Judicial branch and executive branch interpretation of laws passed by the general court may be twisted and implement policies enforced under color of law which are initiated in order to subvert the rights of natural persons and to deprive citizens of their freedom, liberty, and property. The original intent of the provision for the redress of public grievances was to extend a venue for a citizen to present wrong-doing by government, including state agencies, departments, and non-governmental organizations or non-profit entities in partnership with government and to obtain redress for the wrongs done.

16-A:2 Penalty for Noncompliance. Any elected or appointed state official that ignores or fails to comply with the procedures and authority for the redress of grievances under Articles 31 and 32 of the New Hampshire Constitution shall be removed from office for violation of their oath of office.

16-A:3 Legislative Committee for the Redress of Grievances; Authority. There shall be during each biennial session of the general court a committee established for the purpose of the hearing and redress of public grievances. Members of the committee shall be appointed pursuant to rules of the general court. The committee shall be authorized to:

I. Overturn any illegal actions taken by state government, including state agencies, departments, and non-governmental organizations or non-profit entities in partnership with government, such as illegal adoptions, children forcefully taken from parents and placed in foster care, and unlawful incarceration.

II. Remedy any action by government, including state agencies, departments, and non-governmental organizations or non-profit entities in partnership with government that has caused the loss of property of, or excessive prolonged litigation or frivolous lawsuits against, a natural citizen of this state, by making restitution of financial losses to that citizen. Upon certification by the committee, the governor is authorized to draw a warrant for the necessary sum required for restitution of financial losses out of any money in the treasury not otherwise appropriated.

III. Undertake proceedings to remove from office judges or attorneys that do not uphold their oaths of office; that oppress, distort truths, extort fines, fees, and implement burdensome regulations causing harm to those that come before them in a court of law; who act under the color of law for their illegal activities and judgments; who do not use wisdom, mercy, and justice to follow the intent of laws passed by the general court. Financial damages incurred by citizens appearing before or represented by any such judge or attorney shall be reimbursed. The committee shall instruct such judge or attorney in the reimbursement of aggrieved citizens. Furthermore, the committee may direct that a judge or attorney shall be unable to secure employment with the state of New Hampshire. A statement of removal will be kept on file and made available to all who request the information.

IV. Force state agencies, departments, and non-governmental organizations or non-profit entities in partnership with government to change their policies to reflect an understanding that government works for the citizens and to set their goals to reflect such an understanding.

V. Swear witnesses under oath that appear to testify before the committee. Perjury and false swearing shall be prosecuted fully against any state official and any employees.

VI. Subpoena individuals to appear and be sworn under oath for hearings before the legislative committee for the redress of grievances.

VII. Subpoena records, recordings, and documents, in order to obtain truthful information in order to come to a conclusive finding.

VIII. Recommend the dissolution of any state agency or department, or the severance of ties with non-governmental organizations and non-profits, should findings justify this action.

IX. Recommend the immediate change to state laws upon a vote of the general court to remedy the problems.

16-A:4 Rules for Proceedings. The legislative committee for the redress of grievances shall adopt rules governing its proceedings and procedures for citizens to petition for the redress of grievances.

16-A:5 Application. This act shall apply to natural persons, meaning individuals having natural rights, and not to corporations, in providing redress of grievances concerning any statute, code, rule, regulation, or policy.

2 Effective Date. This act shall take effect 60 days after its passage.

LBAO

13-0184

Revised 01/02/13

HB 613-FN – FISCAL NOTE

AN ACT relative to procedures and authority for the redress of grievances.

FISCAL IMPACT:

      The Office of Legislative Budget Assistant states this bill, as introduced, may increase state general fund expenditures by an indeterminable amount in FY 2013 and each year thereafter. There will be no impact on state revenues, or county and local revenues and expenditures.

METHODOLOGY:

    This bill establishes statutory procedures and authority for the legislative committee responsible for the redress of grievances. This bill authorizes the Governor, upon certification of the committee, to draw a warrant from money not otherwise appropriated for the purpose of paying restitution of financial losses to citizens found to have incurred certain financial losses caused by government, including state agencies, departments, and non-governmental organizations or non-profit entities in partnership with government. The Office is unable to predict this bill’s impact on state expenditures.