CACR22: relating to taxation. Providing that a 2/3 vote is required to pass a new tax or to increase a tax after it is levied and that the maximum increase in any budget bill shall be limited by the rates of inflation and population growth.

CACR 22 - AS INTRODUCED

2003 SESSION

03-2112

06/10

CONSTITUTIONAL AMENDMENT

CONCURRENT RESOLUTION 22

RELATING TO: taxation.

PROVIDING THAT: a 2/3 vote is required to pass a new tax or to increase a tax after it is levied and that the maximum increase in any budget bill shall be limited by the rates of inflation and population growth.

SPONSORS: Rep. Bicknell, Rock 73; Rep. Alger, Graf 14; Rep. Balboni, Hills 59; Rep. Ingbretson, Graf 13; Rep. Weyler, Rock 79; Sen. Boyce, Dist 4; Sen. Barnes, Dist 17; Sen. Prescott, Dist 23

COMMITTEE: Ways and Means

ANALYSIS

This constitutional amendment concurrent resolution provides that a 2/3 vote of the house of representatives and the senate shall be required to pass a new tax or to increase any assessment, rate, or tax that has been levied and it limits the maximum increase in the budget from the previous biennium to the rate of inflation plus the percentage change in the state population in the prior calendar year.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

03-2112

06/10

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Three

CONCURRENT RESOLUTION PROPOSING CONSTITUTIONAL AMENDMENT

RELATING TO: taxation.

PROVIDING THAT: a 2/3 vote is required to pass a new tax or to increase a tax after it is levied and that the maximum increase in any budget bill shall be limited by the rates of inflation and population growth.

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 5-B the following new article:

[Art.] 5-c. [Increase in Rate of Taxation.] A 2/3 vote of the house of representatives and the senate shall be required to pass a new tax or to increase a rate of assessment or tax that has been levied by the state.

II. That article 18-a of the second part of the constitution be amended to read as follows:

[Art.] 18-a. [Budget Bills.] All sections of all budget bills before the general court shall contain only the operating and capital expenses for the executive, legislative and judicial branches of government. No section or footnote of any such budget bill shall contain any provision which establishes, amends or repeals statutory law, other than provisions establishing, amending or repealing operating and capital expenses for the executive, legislative and judicial branches of government. The maximum increase in any budget bill over the budget of the previous biennium shall be limited to the rate of inflation plus the percentage change in the state population in the prior calendar year. Population shall be determined by annual federal census estimates and shall be adjusted every 10 years to conform to the last general census of the inhabitants of the state taken by authority of the United States or of this state.

III. 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, 2004.

IV. That the selectmen of all towns, cities, wards and places in the state are directed to insert in their warrants for the said 2004 election an article to the following effect: To decide whether the amendments of the constitution proposed by the 2003 session of the general court shall be approved.

V. That the wording of the question put to the qualified voters shall be:

"Are you in favor of amending the second part of the Constitution to provide for certain limitations on taxation and spending by inserting a new article 5-c and by amending article 18-a to read as follows:

[Art.] 5-c. [Increase in Rate of Taxation.] A 2/3 vote of the house of representatives and the senate shall be required to pass a new tax or to increase a rate of assessment or tax that has been levied by the state.

[Art.] 18-a. [Budget Bills.] All sections of all budget bills before the general court shall contain only the operating and capital expenses for the executive, legislative and judicial branches of government. No section or footnote of any such budget bill shall contain any provision which establishes, amends or repeals statutory law, other than provisions establishing, amending or repealing operating and capital expenses for the executive, legislative and judicial branches of government. The maximum increase in any budget bill over the budget of the previous biennium shall be limited to the rate of inflation plus the percentage change in the state population in the prior calendar year. Population shall be determined by annual federal census estimates and shall be adjusted every 10 years to conform to the last general census of the inhabitants of the state taken by authority of the United States or of this state."

VI. 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 2003 General Court" shall be printed in bold type at the top of the ballot.

VII. 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.