CACR13 (2014) Detail

Relating to police courts and justices of the peace. Providing that language concerning police courts and justices of the peace is consistent with statute.


CACR 13 – AS INTRODUCED

2014 SESSION

14-2377

08/05

CONSTITUTIONAL AMENDMENT

CONCURRENT RESOLUTION 13

RELATING TO: police courts and justices of the peace.

PROVIDING THAT: language concerning police courts and justices of the peace is consistent with statute.

SPONSORS: Rep. Hoell, Merr 23

COMMITTEE: Judiciary

ANALYSIS

This constitutional amendment provides language concerning police courts and justices of the peace that is consistent with statute.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

14-2377

08/05

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Fourteen

CONCURRENT RESOLUTION PROPOSING CONSTITUTIONAL AMENDMENT

RELATING TO: police courts and justices of the peace.

PROVIDING THAT: language concerning police courts and justices of the peace is consistent with statute.

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

Constitution of New Hampshire be amended as follows:

I. That article 77 of the second part of the constitution be amended to read as follows:

[Art.] 77. [Jurisdiction of Justices in Civil Causes.] The general court are empowered to give to justices of the peace jurisdiction in civil causes, [when the damages demanded shall not exceed one hundred dollars and title of real estate is not concerned] relating to duties as to acknowledgments, oaths and affirmations, depositions, copy certifications, witnessing or acknowledging signatures, protests, or performing marriage ceremonies; but with right of appeal, to either party, to some other court. And the general court are further empowered to give to [police] district or circuit courts original jurisdiction to try and determine, subject to right of appeal and trial by jury, all criminal causes wherein the punishment is less than imprisonment in the state prison.

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, 2014.

III. That the selectmen of all towns, cities, wards and places in the state are directed to insert in their warrants for the said 2014 election an article to the following effect: To decide whether the amendments of the constitution proposed by the 2014 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 the Constitution to provide that

“[Art.] 77. [Jurisdiction of Justices in Civil Causes.] The general court are empowered to give to justices of the peace jurisdiction in civil causes, relating to duties as to acknowledgments, oaths and affirmations, depositions, copy certifications, witnessing or acknowledging signatures, protests, or performing marriage ceremonies; but with right of appeal, to either party, to some other court. And the general court are further empowered to give to district or circuit courts original jurisdiction to try and determine, subject to right of appeal and trial by jury, all criminal causes wherein the punishment is less than imprisonment in the state prison?”

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 2014 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.