|
State
Constitution - Form of Government |
|
Established October 31, 1783
Effective June 2, 1784 As Subsequently Amended and in Force January 2007 |
|
|
|
Article 1. [Name
of Body Politic.] The people inhabiting the territory formerly called the province of
New Hampshire, do hereby solemnly and mutually agree with each other, to form
themselves into a free, sovereign and independent body-politic, or state, by
the name of the State of New Hampshire. June 2, 1784 GENERAL COURT [Art.] 2.
[Legislature, How Constituted.] The supreme legislative power, within this state, shall
be vested in the senate and house of representatives, each of which shall
have a negative on the other. June 2, 1784 [Art.] 3.
[General Court, When to Meet and Dissolve.] The senate and house shall
assemble biennially on the first Wednesday of December for organizational
purposes in even numbered years, and shall assemble annually on the first
Wednesday following the first Tuesday in January, and at such other times as
they may judge necessary; and shall dissolve and be dissolved at 12:01 A.M.
on the first Wednesday of December in even numbered years and shall be styled
The General Court of New Hampshire. June 2, 1784 [Art.] 4. [Power
of General Court to Establish Courts.] The general court (except as otherwise provided
by Article 72-a of Part 2) shall forever have full power and authority to
erect and constitute judicatories and courts of record, or other courts, to
beholden, in the name of the state, for the hearing, trying, and determining,
all manner of crimes, offenses, pleas, processes, plaints, action, causes,
matters and things whatsoever arising or happening within this state, or
between or concerning persons inhabiting or residing, or brought, within the
same, whether the same be criminal or civil, or whether the crimes be
capital, or not capital, and whether the said pleas be real, personal or
mixed, and for the awarding and issuing execution thereon. To which courts
and judicatories, are hereby given and granted, full power and authority,
from time to time, to administer oaths or affirmations, for the better
discovery of truth in any matter in controversy, or depending before them. June 2, 1784 [Art.] 5. [Power
to Make Laws, Elect Officers, Define Their Powers and Duties, Impose Fines
and Assess Taxes; Prohibited from Authorizing Towns to Aid Certain
Corporations.]
And farther, full power and authority are hereby given and granted to the
said general court, from time to time, to make, ordain, and establish, all
manner of wholesome and reasonable orders, laws, statutes, ordinances,
directions, and instructions, either with penalties, or without, so as the
same be not repugnant or contrary to this constitution, as they may judge for
the benefit and welfare of this state, and for the governing and ordering
thereof, and of the subjects of the same, for the necessary support and
defense of the government thereof, and to name and settle biennially, or
provide by fixed laws for the naming and settling, all civil officers within
this state, such officers excepted, the election and appointment of whom are
hereafter in this form of government otherwise provided for; and to set forth
the several duties, powers, and limits, of the several civil and military
officers of this state, and the forms of such oaths or affirmations as shall
be respectively administered unto them, for the execution of their several
offices and places, so as the same be not repugnant or contrary to this constitution;
and also to impose fines, mulcts, imprisonments, and other punishments, and
to impose and levy proportional and reasonable assessments, rates, and taxes,
upon all the inhabitants of, and residents within, the said state; and upon
all estates within the same; to be issued and disposed of by warrant, under
the hand of the governor of this state for the time being, with the advice
and consent of the council, for the public service, in the necessary defense
and support of the government of this state, and the protection and
preservation of the subjects thereof, according to such acts as are, or shall
be, in force within the same; provided that the general court shall not
authorize any town to loan or give its money or credit directly or indirectly
for the benefit of any corporation having for its object a dividend of
profits or in any way aid the same by taking its stocks or bonds. For the
purpose of encouraging conservation of the forest resources of the state, the
general court may provide for special assessments, rates and taxes on growing
wood and timber. June 2, 1784 [Art.] 5-a.
[Continuity of Government in Case of Enemy Attack.] Notwithstanding any general or
special provision of this constitution, the general court, in order to insure
continuity of state and local government operations in periods of emergency
resulting from disasters caused by enemy attack, shall have the power and the
immediate duty to provide for prompt and temporary succession to the powers
and duties of public offices, of whatever nature and whether filled by
election or appointment, the incumbents of which may become unavailable for
carrying on the powers and duties of such offices, and to adopt such other
measures as may be necessary and proper for insuring the continuity of
governmental operations including but not limited to the financing thereof.
In the exercise of the powers hereby conferred the general court shall in all
respects conform to the requirements of this constitution except to the
extent that in the judgment of the general court so to do would be
impracticable or would admit of undue delay. November 30, 1942 [Art.] 5-b.
[Power to Provide for Tax Valuations Based on Use.] The general court may provide
for the assessment of any class of real estate at valuations based upon the
current use thereof. November 15, 1968 [Art.] 6.
[Valuation and Taxation.] The public charges of government, or any part thereof,
may be raised by taxation upon polls, estates, and other classes of property,
including franchises and property when passing by will or inheritance; and
there shall be a valuation of the estates within the state taken anew once in
every five years, at least, and as much oftener as the general court shall
order. June 2, 1784 Amended
1903 to permit taxes on other classes of property including franchises and
property passing by inheritances. [Art.] 6-a. [Use
of Certain Revenues Restricted to Highways.] All revenue in excess of the
necessary cost of collection and administration accruing to the state from
registration fees, operators’ licenses, gasoline road tolls or any other
special charges or taxes with respect to the operation of motor vehicles or
the sale or consumption of motor vehicle fuels shall be appropriated and used
exclusively for the construction, reconstruction and maintenance of public
highways within this state, including the supervision of traffic thereon and
payment of the interest and principal of obligations incurred for said
purposes; and no part of such revenues shall, by transfer of funds or
otherwise, be diverted to any other purpose whatsoever. November 29, 1938 [Art.] 6-b. [Use
of Lottery Revenues Restricted to Educational Purposes.] All moneys received from a
state-run lottery and all the interest received on such moneys shall, after
deducting the necessary costs of administration, be appropriated and used
exclusively for the school districts of the state. Such moneys shall be used
exclusively for the purpose of state aid to education and shall not be
transferred or diverted to any other purpose. November 6, 1990 [Art.] 7.
[Members of Legislature Not to Take Fees or Act as Counsel.] No member of the general court
shall take fees, be of counsel, or act as advocate, in any cause before either
branch of the legislature; and upon due proof thereof, such member shall
forfeit his seat in the legislature. September 5, 1792 [Art.] 8. [Open
Sessions of Legislature.] The doors of the galleries, of each house of the
legislature, shall be kept open to all persons who behave decently, except
when the welfare of the state, in the opinion of either branch, shall require
secrecy. September 5, 1792 |