2000 SESSION

00-2820

08/09

SENATE RESOLUTION 12

ANALYSIS

This senate resolution requests an opinion of the justices regarding the constitutionality of SB 365-LOCAL, as amended.

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00-2820

08/09

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand

Whereas, there is presently pending in the Senate, SB 365-LOCAL, "An Act relative to the adoption of bonds or notes in certain school districts and municipalities"; and

Whereas, there has been proposed to SB 365-LOCAL an amendment (document number 2000-3618s) which would generally reduce the voting majority required to authorize the issuance of bonds or notes in cities, towns, school districts, and village districts from 2/3 to 3/5; and

Whereas, SB 365-LOCAL with the proposed amendment does not provide for a local referendum accepting or declining the reduction in the voting majority; and

Whereas, questions have arisen concerning the constitutionality of SB 365-LOCAL with the proposed amendment; and

Whereas, it is important that the questions of the constitutionality of SB 365-LOCAL with the proposed amendment should be settled in the near future, and in any event before final passage by the senate; now therefore, be it

Resolved by the senate:

That the Justices of the Supreme Court be respectfully requested to give their opinion upon the following questions of law:

1. If SB 365-LOCAL with the proposed amendment is enacted, would it in any way violate the provisions of the first sentence of Part I, Article 39 of the New Hampshire Constitution, specifying that no law changing the charter or form of government of a particular city or town shall be enacted by the legislature except to become effective upon the approval of the voters in a local referendum provided for in the law?

2. If SB 365-LOCAL with the proposed amendment is enacted, would it in any way violate the provisions of the second sentence of Part I, Article 39 of the New Hampshire Constitution, specifying that general laws authorizing cities and towns to adopt or amend their charters or forms of government shall become effective only upon the approval of the voters in a local referendum?

3. If under SB 365-LOCAL with the proposed amendment the majority voting requirements would differ between local political subdivisions with and without the optional voting procedures under RSA 40:13, will this result in the infringement of any person's rights under the equal protection, voting, or due process protections of the state or federal constitutions?

4. Do any other aspects of SB 365-LOCAL with the proposed amendment violate or conflict with any provisions of the state constitution?

That the clerk of the senate transmit copies of this resolution and copies of SB 365-LOCAL, as amended by document number 2000-3618s, to the justices of the New Hampshire supreme court.