Bill Text - HR19 (2016)

Authorizing and directing the house judiciary committee to investigate whether cause exists for the impeachment of the 5 executive councilors.


Revision: Dec. 18, 2015, midnight

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HR 19 - AS INTRODUCED

 

2016 SESSION

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HOUSE RESOLUTION\t19

 

A RESOLUTION\tauthorizing and directing the house judiciary committee to investigate whether cause exists for the impeachment of the 5 executive councilors.

 

SPONSORS:\tRep. Brewster, Merr. 21

 

COMMITTEE:\tJudiciary

 

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ANALYSIS

\tThis house resolution authorizes and directs the house judiciary committee to investigate whether cause exists for the impeachment of the 5 executive councilors.

 

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STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Sixteen

 

A RESOLUTION\tauthorizing and directing the house judiciary committee to investigate whether cause exists for the impeachment of the 5 executive councilors.

 

\tWhereas, the 5 executive councilors have refused and failed to advise the commissioner of the department of revenue administration to exclude the unlawful education tax and school portion of the property tax before sending out the commissioner's warrants to the municipalities in this state; and

\tWhereas, this refusal and failure to "advise and consent" is a violation of Part 2, Article 5 of the New Hampshire constitution; and

\tWhereas, under Part II, Article 38 of the New Hampshire constitution, a public officer may be removed by impeachment for bribery, corruption, malpractice or maladministration of office, or any combination thereof; and

\tWhereas, under Part II, Articles 17 and 38 of the New Hampshire constitution, impeachments are made by the house of representatives, and then heard and tried by the senate; and

\tWhereas, the conduct of the executive councilors may be cause for the house of representatives to find that impeachment proceedings should be initiated against them; now, therefore, be it

\tResolved by the House of Representatives:

\tThat the house of representatives authorizes and directs the house judiciary committee, acting as a whole or by any subcommittee thereof appointed by the chairman for the purposes hereof and in accordance with the rules of the house and rules which may be adopted by the committee, to investigate whether grounds exist, based on conduct of the executive councilors and any information arising out of the judiciary committee investigation, for the house of representatives to exercise its constitutional power to impeach the 5 executive councilors; and

\tThat the committee shall report to the house of representatives such resolutions, articles of impeachment, or other recommendations as it deems proper; and

\tThat for the purposes of making such an investigation, the committee is authorized to compel by subpoena the attendance and giving of testimony by any person, and the committee is further authorized to compel the production of such things as it deems necessary.  Such testimony may be taken under oath, either in the form of interrogatory, deposition, or by oral testimony at a hearing.  Counsel for the committee may be authorized to ask any or all questions on behalf of the committee.  For purposes of this section, "things" includes, without limitation, books, records, correspondence, electronic mail, logs, journals, memoranda, papers, documents, writings, reproductions, recordings, tapes, transcripts, printouts, data compilations from which information can be obtained, tangible objects, and other things of any kind; and

\tThat such authority of the committee may be exercised by the chairman or by the committee acting as a whole or by subcommittee.  Subpoenas or interrogatories so authorized may be issued over the signature of the chairman or any member so designated by the chairman, and may be served by any person designated by the chairman.

 

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19 - FISCAL NOTE

 

AN ACT\tauthorizing and directing the house judiciary committee to investigate whether cause exists for the impeachment of the 5 executive councilors.

 

 

FISCAL IMPACT:

The Legislative Branch states this resolution, as introduced, may increase state expenditures by an indeterminable amount in FY 2017 and each year thereafter.  There will be no fiscal impact on state, county, and local revenue or county and local expenditures.

 

METHODOLOGY:

The Legislative Branch states that this resolution authorizes the house judiciary committee to investigate whether cause exists for the impeachment of the five executive councilors.  The house judiciary committee is authorized to compel by subpoena the attendance and testimony of any person and compel the production of physical evidence.  This bill may increase state expenditures by an indeterminable amount in FY 2017 and each year thereafter.