CACR14 (2016) Detail

Relating to government of right. Providing that the people of New Hampshire have the right of local community self government.


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CACR 14 - AS INTRODUCED

 

2016 SESSION

\t16-2352

\t06/09

 

CONSTITUTIONAL AMENDMENT

CONCURRENT RESOLUTION\t14

 

RELATING TO:\tgovernment of right.

 

PROVIDING THAT:\tthe people of New Hampshire have the right of local community self government.

 

SPONSORS:\tRep. Emerson, Ches. 11; Rep. Suzanne Smith, Graf. 8; Rep. Burton, Straf. 6; Rep. Cooney, Graf. 8; Rep. Darrow, Graf. 17; Sen. Forrester, Dist 2

 

COMMITTEE:\tLegislative Administration

 

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ANALYSIS

 

\tThis constitutional amendment concurrent resolution provides that the people of New Hampshire have the right to enact certain community laws that cannot be preempted or nullified by any international, federal, or state law.

 

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Explanation:\tMatter added to current law appears in bold italics.

\t\tMatter removed from current law appears [in brackets and struckthrough.]

\t\tMatter which is either (a) all new or (b) repealed and reenacted appears in regular type

 

\t16-2352

\t06/09

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Sixteen

 

CONCURRENT RESOLUTION PROPOSING CONSITUTIONAL AMENDMENT

 

RELATING TO:\tgovernment of right.

 

PROVIDING THAT:\tthe people of New Hampshire have the right of local community self government.

 

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

Constitution of New Hampshire be amended as follows:

 

\t\tI.  That the first part of the constitution be amended by inserting after article 39 the following new article:

\t[Art.] 40.  [Right of Local Community Self Government.]  All government of right originates from the people, is founded in their consent, and instituted for the general good; the people have the right and the duty to reform governments when those governments manifestly endanger public liberty; and sustainable environmental and economic development can be achieved only when the people affected by governing decisions are the ones who make them; therefore, the people of New Hampshire have an inherent and inalienable right of local, community self government in each county, municipality, city, and town.  That right shall include the power of the people, and of their governments, to enact local laws that protect health, safety, and welfare by recognizing or establishing rights of natural persons, their local communities, and nature; and by securing those rights using prohibitions and other means deemed necessary by the community, including measures to establish, define, alter, or eliminate competing rights, powers, privileges, immunities, or duties of corporations and other business entities operating, or seeking to operate, in the community.  Local laws adopted pursuant to this article shall not be subject to preemption or nullification by international law, federal law, or state law if such local laws do not restrict fundamental rights of natural persons, their local communities, or nature secured by local, state, or federal constitutions, or by international law; and if such local laws do not weaken protections for natural persons, their local communities, or nature provided by state, federal, or international law.

\t\tII.  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, 2016.

\t\tIII.  That the selectmen of all towns, cities, wards and places in the state are directed to insert in their warrants for the said 2016 election an article to the following effect:  To decide whether the amendments of the constitution proposed by the 2016 session of the general court shall be approved.

\t\tIV.  That the wording of the question put to the qualified voters shall be:

\t“Are you in favor of amending the first part of the constitution by inserting after article 39 a new article to read as follows:

\t[Art.] 40.  [Right of Local Community Self Government.]  All government of right originates from the people, is founded in their consent, and instituted for the general good; the people have the right and the duty to reform governments when those governments manifestly endanger public liberty; and sustainable environmental and economic development can be achieved only when the people affected by governing decisions are the ones who make them; therefore, the people of New Hampshire have an inherent and inalienable right of local, community self government in each county, municipality, city, and town.  That right shall include the power of the people, and of their governments, to enact local laws that protect health, safety, and welfare by recognizing or establishing rights of natural persons, their local communities, and nature; and by securing those rights using prohibitions and other means deemed necessary by the community, including measures to establish, define, alter, or eliminate competing rights, powers, privileges, immunities, or duties of corporations and other business entities operating, or seeking to operate, in the community.  Local laws adopted pursuant to this article shall not be subject to preemption or nullification by international law, federal law, or state law if such local laws do not restrict fundamental rights of natural persons, their local communities, or nature secured by local, state, or federal constitutions, or by international law; and if such local laws do not weaken protections for natural persons, their local communities, or nature provided by state, federal, or international law."

\t\tV.  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 2016 General Court” shall be printed in bold type at the top of the ballot.

\t\tVI.  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.