CACR10 (2021) Detail

Relative to powers of the legislature. Providing that the legislature may overturn any decision of a state court concerning the interpretation of a state law.


CACR 10  - AS INTRODUCED

 

 

2021 SESSION

21-0689

06/04

 

CONSTITUTIONAL AMENDMENT

CONCURRENT RESOLUTION 10

 

RELATING TO: powers of the legislature.  

 

PROVIDING THAT: the legislature may overturn any decision of a state court concerning the interpretation of a state law..

 

SPONSORS: Rep. Lewicke, Hills. 26

 

COMMITTEE: Judiciary

 

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ANALYSIS

 

This constitutional amendment concurrent resolution provides that the general court may overturn a decision of a state court that concerns the interpretation of a state law.

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type

 

21-0689

06/04

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Twenty One

 

CONCURRENT RESOLUTION PROPOSING CONSITUTIONAL AMENDMENT

 

RELATING TO: powers of the legislature.  

 

PROVIDING THAT: the legislature may overturn any decision of a state court concerning the interpretation of a state law.

 

 

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

Constitution of New Hampshire be amended as follows:

 

I.  That article 4 of the second part of the constitution be amended to read as follows:

[Art.] 4.  [Power of General Court to Establish Courts.] The General Court (except as otherwise provided by Article 72 a of Part 2) shall forever have full power and authority to erect and constitute judicatories and courts of record, or other courts, to beholden, in the name of the State, for the hearing, trying, and determining, all manner of crimes, offenses, pleas, processes, plaints, action, causes, matters and things whatsoever arising or happening within this State, or between or concerning persons inhabiting or residing, or brought, within the same, whether the same be criminal or civil, or whether the crimes be capital, or not capital, and whether the said pleas be real, personal or mixed, and for the awarding and issuing execution thereon.  To which courts and judicatories, are hereby given and granted, full power and authority, from time to time, to administer oaths or affirmations, for the better discovery of truth in any matter in controversy, or depending before them.  The General Court shall have the power to overturn any decision of a State Court concerning the interpretation of  State statute by a simple majority vote of both houses of the Legislature.

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, 2022.

III.  That the selectmen of all towns, cities, wards and places in the state are directed to insert in their warrants for the said 2022 election an article to the following effect:  To decide whether the amendments of the constitution proposed by the 2021 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 article 4 of the second part of the constitution to read as follows:

[Art.] 4.  [Power of General Court to Establish Courts.]  The General Court (except as otherwise provided by Article 72 a of Part 2) shall forever have full power and authority to erect and constitute judicatories and courts of record, or other courts, to beholden, in the name of the State, for the hearing, trying, and determining, all manner of crimes, offenses, pleas, processes, plaints, action, causes, matters and things whatsoever arising or happening within this State, or between or concerning persons inhabiting or residing, or brought, within the same, whether the same be criminal or civil, or whether the crimes be capital, or not capital, and whether the said pleas be real, personal or mixed, and for the awarding and issuing execution thereon.  To which courts and judicatories, are hereby given and granted, full power and authority, from time to time, to administer oaths or affirmations, for the better discovery of truth in any matter in controversy, or depending before them.  The General Court shall have the power to overturn any decision of a State Court concerning the interpretation of  State statute by a simple majority vote of both houses of the Legislature."

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 2021 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.

VII.  Voters' Guide.

AT THE PRESENT TIME, Decisions of state courts that interpret state statutes are final and set the precedent for future determinations.

IF THE AMENDMENT IS ADOPTED, the legislature would have the authority, by simple majority vote, to overturn a decision of the court that interprets a state statute, thereby setting a new precedent.

Links

CACR10 at GenCourtMobile
CACR10 Discussion

Action Dates

Date Body Type
Feb. 2, 2021 House Hearing
House Floor Vote

Bill Text Revisions

CACR10 Revision: 31543 Date: Jan. 9, 2021, 1:40 p.m.

Docket


Feb. 24, 2021: Inexpedient to Legislate: MA VV 02/24/2021


: Committee Report: Inexpedient to Legislate (Vote 20-1; CC) HC 12 P. 9


Feb. 2, 2021: Public Hearing: 02/02/2021 03:00 pm Members of the public may attend using the following link: To join the webinar: https://www.zoom.us/j/91233802944 / Executive session on pending legislation may be held throughout the day (time permitting) from the time the committee is initially convened.


Jan. 6, 2021: Introduced (in recess of) 01/06/2021 and referred to Judiciary HJ 2 P. 50