Proposed Amendment to the New Hampshire Constitution
August 21, 1998 - House Version

[Art.] 83. [Encouragement of Literature, etc.; Control of Corporations, Monopolies, etc.; State Funding of Primary and Secondary Public Education; Judicial Review; Taxes Imposed by Political Subdivisions to be Reasonable and Proportional; Local Authority Over Educational Matters.] 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.

Notwithstanding any other provision of this constitution, performance of the state's duty to cherish the interest of literature and the sciences, and all seminaries and public schools, shall be governed exclusively by the provisions of this paragraph. Judicial review and enforcement of such duty shall be restricted only to the provisions of this paragraph. In each fiscal year, in support of primary and secondary public education, the state shall appropriate and expend not less than ____ percent of the total revenues received from taxes imposed and collected by the state in the preceding fiscal year, not including revenues restricted under part 2, article 6-a of this constitution. In no event shall such expenditure be less than the entire amount appropriated for such support in the state's fiscal year ending June 30, ____. The specific purposes and method of distribution of such expenditure shall be determined by statute. Taxes imposed by political subdivisions of the state for support of primary and secondary public education shall be reasonable and proportional throughout the political subdivision in which they are imposed. All matters pertaining to primary and secondary public education shall be determined by the legally constituted authority of the local district providing such education, except as otherwise prescribed by statute in accordance with part 1, article 28-a of this constitution.

This proposal: