2001 SESSION

01-2068

06/09

CONSTITUTIONAL AMENDMENT

CONCURRENT RESOLUTION 30

ANALYSIS

This constitutional amendment-concurrent resolution provides that the legislature shall have the authority to determine the content, extent, beneficiaries, and funding of education or to delegate that authority to local school districts; and it shall have the authority to determine the proportion of taxes necessary to fund public education which shall be provided by state and local taxes. Judicial review of the legislative determination shall be limited to whether the legislature has a rational basis for its decision.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

01-2068

06/09

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand One

CONCURRENT RESOLUTION PROPOSING CONSTITUTIONAL AMENDMENT

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

Constitution of New Hampshire be amended as follows:

I. That the second part of the constitution be amended by inserting after article 83 the following new article:

[Art.] 83-a. [Legislature's Authority to Define and Fund Education; Education Taxes; Delegation.]

The legislature shall have the authority to determine, either directly or through a delegation of power to local school districts, or both, the content, the extent, the beneficiaries, and the level of funding of public education; and it shall have the authority to determine the proportion of such taxes as may be necessary to fund public education which shall be provided through state taxes and the proportion thereof which shall be provided through local taxes. Judicial review of all such determinations shall be limited to whether they have a rational basis.

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, 2002.

III. That the selectmen of all towns, cities, wards and places in the state are directed to insert in their warrants for the said 2002 election an article to the following effect: To decide whether the amendments to the constitution proposed by the 2001 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 insert a new article 83-a in part second to provide that the legislature shall have the authority to determine, either directly or through a delegation of power to local school districts, or both, the content, the extent, the beneficiaries, and the level of funding of public education; and it shall have the authority to determine the proportion of such taxes as may be necessary to fund public education which shall be provided through state taxes and the proportion thereof which shall be provided through local taxes. Judicial review of all such determinations shall be limited to whether they have a rational basis.

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 2001 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.