HB 1386-FN - AS INTRODUCED
2016 SESSION
\t16-2056
\t10/09
HOUSE BILL\t1386-FN
AN ACT\testablishing a process for petitions for redress of grievance.
SPONSORS:\tRep. Brewster, Merr. 21
COMMITTEE:\tLegislative Administration
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ANALYSIS
\tThis bill establishes a procedure for a member of the legislature to introduce a citizen’s petition for redress of grievances.
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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\t\tMatter which is either (a) all new or (b) repealed and reenacted appears in regular type.
\t16-2056
\t10/09
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Sixteen
AN ACT\testablishing a process for petitions for redress of grievance.
Be it Enacted by the Senate and House of Representatives in General Court convened:
\t1 New Subdivision; Citizen’s Petition for Redress of Grievances; Committee. Amend RSA 14 by inserting after section 39-a the following new subdivision:
Citizen’s Petition for Redress of Grievances
\t14:39-b Petitions for Redress of Grievances; Awards; Fund.
\t\tI. Any member of the house of representatives or senate may file with the director of legislative services a citizen’s petition for redress of grievances pursuant to part I, articles 31 and 32 of the New Hampshire constitution that the legislator desires to introduce. The director shall notify each representative and senator of the provisions of this section and of the drafting service available in the office of legislative services.
\t\tII. The clerks of the house or representatives and the senate shall cause sufficient copies of each citizen’s petition for redress of grievances to be printed, and shall make copies available to persons who request them.
\t\tIII. Testimony or remonstrance in a public hearing regarding any petition shall be given under pains and penalty of perjury, and an oath shall be taken to that effect before the testimony or remonstrance.
\t14:39-c 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 hearing petitions for redress of grievances. Members of the committee shall be appointed pursuant to rules of the general court. The committee shall be authorized to introduce legislation at any time to:
\t\tI. Overturn actions taken by state government, including state agencies, departments, and nongovernmental organizations or nonprofit entities in partnership with government, such as illegal adoptions, children forcefully taken from parents and placed in foster care, and unlawful incarceration.
\t\tII. Remedy actions by government, including state agencies, departments, and nongovernmental organizations or nonprofit entities in partnership with government that has caused the loss of property of, or excessive prolonged litigation or frivolous lawsuits against, a 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.
\t\tIII. Undertake proceedings to remove from office judges or attorneys that do not uphold their oaths of office; that oppress, distort truths, extort fines and 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; and who do not use wisdom, mercy, and justice to follow the intent of laws passed by the general court.
\t\tIV. Direct state agencies, departments, and nongovernmental organizations or nonprofit 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.
\t\tV. Recommend the dissolution of any state agency or department, or the severance of ties with nongovernmental organizations and nonprofits, should findings justify this action.
\t14:39-d 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. The committee may subpoena individuals to appear and be sworn under oath for hearings before the legislative committee for the redress of grievances. The committee may also subpoena records, recordings, and documents, in order to obtain truthful information in order to come to a conclusive finding.
\t2 New Paragraph; Office of Legislative Services; Duty Added. Amend RSA 17-A:1 by inserting after paragraph I the following new paragraph:
\t\tI-a. To draft citizens’ petitions for redress of grievances to be introduced by members pursuant to RSA 14:39-b, and to examine all citizens’ petitions for redress of grievances prior to final legislative adoption.
\t3 Effective Date. This act shall take effect July 1, 2016.
\t\t\t\t\t\t\t\t\t\t\t16-2056
\t\t\t\t\t\t\t\t\t\t\t10/27/15
HB 1386-FN- FISCAL NOTE
AN ACT\testablishing a process for petitions for redress of grievance.
FISCAL IMPACT:
The Legislative and Judicial Branches state this bill, as introduced, may increase state expenditures by an indeterminable amount in FY 2017 and each year thereafter. There will be no fiscal impact to county and local expenditures or state, county, and local revenue.
METHODOLOGY:
The Legislative Branch states this bill establishes a legislative committee for the redress of grievances and a procedure for a member of the legislature to introduce a citizen's petition for redress of grievances. The Legislative Branch states it is unable to estimate the volume and complexity of petitions which may result in a need for additional legislative staff.
The Judicial Branch states this bill would not have a direct fiscal impact on its operations. However, the proposed RSA 14:39-c, I, authorizes the redress of grievances committee to introduce legislation to overturn actions taken by state government. The Judicial Branch states that to the extent this provision attempts to allow legislation to overturn court decisions, it is likely to be litigated as an unconstitutional act of the Legislature. Such litigation would likely result in an appeal to the New Hampshire Supreme Court which would result in an indeterminable fiscal impact.