CACR 7 - AS INTRODUCED
2023 SESSION
23-0215
02/04
CONSTITUTIONAL AMENDMENT
CONCURRENT RESOLUTION 7
RELATING TO: use of money raised by taxation for education.
PROVIDING THAT: money raised by taxation may be applied for the use of religious educational institutions.
SPONSORS: Rep. Cordelli, Carr. 7; Rep. Simon, Graf. 1; Rep. McLean, Hills. 15; Rep. Hill, Merr. 2; Rep. Lynn, Rock. 17; Rep. Ladd, Graf. 5; Rep. M. Pearson, Rock. 34; Rep. Peternel, Carr. 6; Rep. Notter, Hills. 12; Sen. Avard, Dist 12
COMMITTEE: Education
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ANALYSIS
This constitutional amendment concurrent resolution removes the prohibition on the use of money raised by taxation for schools of any religious sect or denomination.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type
23-0215
02/04
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Three
CONCURRENT RESOLUTION PROPOSING CONSITUTIONAL AMENDMENT
RELATING TO: use of money raised by taxation for education.
PROVIDING THAT: money raised by taxation may be applied for the use of religious educational institutions.
Be it Resolved by the House of Representatives, the Senate concurring, that the
Constitution of New Hampshire be amended as follows:
I. That article 83 of the second part of the constitution be amended to read as follows:
[Art.] 83. [Encouragement of Literature, etc.; Control of Corporations, Monopolies, etc.] Knowledge and learning, generally diffused through a community, being essential to the preservation of a free government; and spreading the opportunities and advantages of education through the various parts of the country, being highly conducive to promote this end; it shall be the duty of the legislators and magistrates, in all future periods of this government, to cherish the interest of literature and the sciences, and all seminaries and public schools, to encourage private and public institutions, rewards, and immunities for the promotion of agriculture, arts, sciences, commerce, trades, manufactures, and natural history of the country; to countenance and inculcate the principles of humanity and general benevolence, public and private charity, industry and economy, honesty and punctuality, sincerity, sobriety, and all social affections, and generous sentiments, among the people[: Provided, nevertheless, that no money raised by taxation shall ever be granted or applied for the use of the schools of institutions of any religious sect or denomination]. Free and fair competition in the trades and industries is an inherent and essential right of the people and should be protected against all monopolies and conspiracies which tend to hinder or destroy it. The size and functions of all corporations should be so limited and regulated as to prohibit fictitious capitalization and provision should be made for the supervision and government thereof. Therefore, all just power possessed by the state is hereby granted to the general court to enact laws to prevent the operations within the state of all persons and associations, and all trusts and corporations, foreign or domestic, and the officers thereof, who endeavor to raise the price of any article of commerce or to destroy free and fair competition in the trades and industries through combination, conspiracy, monopoly, or any other unfair means; to control and regulate the acts of all such persons, associations, corporations, trusts, and officials doing business within the state; to prevent fictitious capitalization; and to authorize civil and criminal proceedings in respect to all the wrongs herein declared against.
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, 2024.
III. That the selectmen of all towns, cities, wards and places in the state are directed to insert in their warrants for the said 2024 election an article to the following effect: To decide whether the amendments of the constitution proposed by the 2023 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 83 of the second part of the constitution to read as follows:
[Art.] 83. [Encouragement of Literature, etc.; Control of Corporations, Monopolies, etc.] Knowledge and learning, generally diffused through a community, being essential to the preservation of a free government; and spreading the opportunities and advantages of education through the various parts of the country, being highly conducive to promote this end; it shall be the duty of the legislators and magistrates, in all future periods of this government, to cherish the interest of literature and the sciences, and all seminaries and public schools, to encourage private and public institutions, rewards, and immunities for the promotion of agriculture, arts, sciences, commerce, trades, manufactures, and natural history of the country; to countenance and inculcate the principles of humanity and general benevolence, public and private charity, industry and economy, honesty and punctuality, sincerity, sobriety, and all social affections, and generous sentiments, among the people. Free and fair competition in the trades and industries is an inherent and essential right of the people and should be protected against all monopolies and conspiracies which tend to hinder or destroy it. The size and functions of all corporations should be so limited and regulated as to prohibit fictitious capitalization and provision should be made for the supervision and government thereof. Therefore, all just power possessed by the state is hereby granted to the general court to enact laws to prevent the operations within the state of all persons and associations, and all trusts and corporations, foreign or domestic, and the officers thereof, who endeavor to raise the price of any article of commerce or to destroy free and fair competition in the trades and industries through combination, conspiracy, monopoly, or any other unfair means; to control and regulate the acts of all such persons, associations, corporations, trusts, and officials doing business within the state; to prevent fictitious capitalization; and to authorize civil and criminal proceedings in respect to all the wrongs herein declared against."
V. That the secretary of state shall print the question to be submitted on a separate ballot with other constitutional questions or on the official ballot. The ballot containing the question shall include 2 ovals next to the question allowing the voter to vote “Yes” or “No.” If no oval is marked, 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 2023 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, the state constitution prohibits the use of money raised by taxation to be granted to or applied for the use of any school of a religious sect or denomination. The United States Supreme Court has ruled that if any money raised by taxation is granted to any private school, it would be unconstitutional to exclude any school of a religious sect or denomination.
IF THE AMENDMENT IS ADOPTED, this prohibition will be removed and money raised by taxation could be granted to or applied for the use of a school of a religious sect or denomination.
| Date | Body | Type |
|---|---|---|
| Feb. 24, 2023 | House | Hearing |
| March 8, 2023 | House | Exec Session |
| March 8, 2023 | House | Floor Vote |
March 22, 2023: Ought to Pass: MF RC 192-191 Lacking Necessary Three-Fifths Vote 03/22/2023 HJ 10 P. 53
March 16, 2023: Committee Report: Without Recommendation 03/08/2023 (Vote ; RC) HC 16 P. 16
March 1, 2023: Executive Session: 03/08/2023 09:30 am LOB 205-207
Feb. 16, 2023: Public Hearing: 02/24/2023 09:30 am LOB 205-207
Jan. 3, 2023: Introduced 01/04/2023 and referred to Education