CACR 26 - AS INTRODUCED
1999 SESSION
CONSTITUTIONAL AMENDMENT
CONCURRENT RESOLUTION 26
RELATING TO: the state's duty to assure the opportunity for an adequate primary and secondary public education to all pupils in the state.
PROVIDING THAT: the state shall have the duty to assure the opportunity for an adequate primary and secondary public education to all pupils in the state; the nature and means of the fulfillment of such duty shall be determined by the legislature and judicial review shall be limited to whether or not there is any rational basis therefor; the legislature shall have exclusive authority to determine and fund the costs or to delegate the authority to impose assessments, rates, and taxes for education to political subdivisions, which if so delegated shall be deemed local and shall be proportional and reasonable within the political subdivision in which they are imposed.
SPONSORS: Rep. Chandler, Carr. 1; Rep. Clegg, Hills 23; Rep. Boyce, Belk 5; Rep. Flora, Hills 15; Rep. K. Herman, Hills 13
This constitutional amendment-concurrent resolution provides for:
I. The state's duty to assure the opportunity for an adequate primary and secondary public education to all pupils in the state.
II. The nature and means of fulfilling such duty which shall be determined by the legislature, and judicial review of which shall be limited to whether or not there is a rational basis therefor.
III. The legislature to have exclusive authority to determine and fund the costs and to delegate the authority to impose assessments, rates, and taxes for education to political subdivisions.
IV. Such taxes assessed in support of primary and secondary public education to be deemed local and to be reasonable and proportional throughout the political subdivision in which they are collected.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
99-1039
10/09
STATE OF NEW HAMPSHIRE
In the Year of Our Lord One Thousand Nine Hundred and Ninety-Nine
CONCURRENT RESOLUTION PROPOSING CONSTITUTIONAL AMENDMENT
RELATING TO: the state's duty to assure the opportunity for an adequate primary and secondary public education to all pupils in the state.
PROVIDING THAT: the state shall have the duty to assure the opportunity for an adequate primary and secondary public education to all pupils in the state; the nature and means of the fulfillment of such duty shall be determined by the legislature and judicial review shall be limited to whether or not there is any rational basis therefor; the legislature shall have exclusive authority to determine and fund the costs or to delegate the authority to impose assessments, rates, and taxes for education to political subdivisions, which if so delegated shall be deemed local and shall be proportional and reasonable within the political subdivision in which they are imposed.
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.; State's Duty to Assure the Opportunity for an Adequate Primary and Secondary Public Education; Taxes Imposed by Political Subdivisions.] 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.
The state's duty to support public education shall be governed exclusively by the provisions of this paragraph. It shall be the duty of the state to assure the opportunity for an adequate primary and secondary public education to all pupils in the state. The specific nature and means of fulfilling such duty shall be determined by the legislature, and judicial review shall be limited to whether or not there is any rational basis therefor. The legislature shall have the exclusive authority to determine and fund the cost of such duty or to delegate its authority to any of its political subdivisions, and, notwithstanding part 1, article 12 and part 2, article 5 of this constitution and not in limitation of its authority, to delegate its authority to impose assessments, rates, and taxes for education to any of its political subdivisions, which if so delegated, shall be deemed local and shall be proportional and reasonable throughout that part of the city, town, or unincorporated place within such political subdivision in which they are imposed. Nothing in this article shall be construed to limit the amount the state or any political subdivision may expend for the purpose of education, or to deny, disparage, or infringe any other right of the people as set forth elsewhere in this constitution.
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 by adding a new paragraph which:
1. Defines the state's duty to support public education as the duty to assure the opportunity for an adequate primary and secondary public education to all pupils in the state; and
2. Prescribes that this duty will be carried out through laws passed by the legislature, subject to approval by the governor; and
3. Requires that judicial review of such laws shall be limited to whether or not there is any rational basis therefor; and
4. Permits the delegation by the legislature for the cost of such education to be supported by local school property assessments, rates, and taxes for education which are reasonable and proportional throughout the political subdivision in which they are collected; and
5. Makes clear that this new paragraph is not intended to restrict amounts the state or any local district may spend for education, or to affect constitutional rights other than the state's duty to support public education; and that such new paragraph shall read as follows:
The state's duty to support public education shall be governed exclusively by the provisions of this paragraph. It shall be the duty of the state to assure the opportunity for an adequate primary and secondary public education to all pupils in the state. The specific nature and means of fulfilling such duty shall be determined by the legislature, and judicial review shall be limited to whether or not there is any rational basis therefor. The legislature shall have the exclusive authority to determine and fund the cost of such duty or to delegate its authority to any of its political subdivisions, and, notwithstanding part 1, article 12 and part 2, article 5 of this constitution and not in limitation of its authority, to delegate its authority to impose assessments, rates, and taxes for education to any of its political subdivisions, which if so delegated, shall be deemed local and shall be proportional and reasonable throughout that part of the city, town, or unincorporated place within such political subdivision in which they are imposed. Nothing in this article shall be construed to limit the amount the state or any political subdivision may expend for the purpose of education, or to deny, disparage, or infringe any other right of the people as set forth elsewhere in this constitution.
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.