CACR 2 - AS AMENDED BY THE HOUSE

13jan00.....2015h

1999 SESSION

99-0013

09/01

CONSTITUTIONAL AMENDMENT

CONCURRENT RESOLUTION 2

RELATING TO: supreme court rules.

PROVIDING THAT: supreme court rules may not be inconsistent with statutes.

SPONSORS: Rep. Pepino, Hills 40; Rep. Lyman, Carr 5; Rep. Hunter, Hills 7; Rep. W. McCarthy, Hills 41; Sen. Roberge, Dist 9

COMMITTEE: Judiciary

AMENDED ANALYSIS

This constitutional amendment-concurrent resolution provides that supreme court rules may not be inconsistent with statutes.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

13jan00.....2015h

99-0013

09/01

STATE OF NEW HAMPSHIRE

In the Year of Our Lord One Thousand Nine Hundred and Ninety-Nine

CONCURRENT RESOLUTION PROPOSING CONSTITUTIONAL AMENDMENT

RELATING TO: supreme court rules.

PROVIDING THAT: supreme court rules shall be subject to review and approval by a special legislative committee.

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

Constitution of New Hampshire be amended as follows:

I. That article 73-a of the second part of the constitution be amended to read as follows:

[Art.] 73-a [Supreme Court, Administration.] The chief justice of the supreme court shall be the administrative head of all the courts. He shall, with the concurrence of a majority of the supreme court justices, make rules governing the administration of all courts in the state and the practice and procedure to be followed in all such courts. The rules so promulgated shall have the force and effect of law; provided, however, that such rules may not be inconsistent with statutes.

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, 2000.

III. That the selectmen of all towns, cities, wards and places in the state are directed to insert in their warrants for the said 2000 election an article to the following effect: To decide whether the amendments of the constitution proposed by the 1999 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 the Constitution to provide that supreme court rules may not be inconsistent with statutes?

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 1999 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.