New Hampshire Use of Dedicated Funds Measure, CACR 19 (2014)

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The New Hampshire Use of Dedicated Funds Measure, CACR 19 was not on the November 4, 2014 ballot in New Hampshire as a legislatively referred constitutional amendment. The measure would have required that all revenue from special fees or assessments imposed to defray the costs of special programs be used to support the special programs, with an exception for an amount that reasonably approximates the actual costs of administering the special program. The measure would have allowed for this required use of funds to be overruled by a two-thirds vote of both the House and Senate to appropriate the revenue for another purpose.[1][2]

The measure was primarily sponsored by Sen. Martha Fuller Clark (D-21), and was known in the New Hampshire General Court as Constitutional Amendment Concurrent Resolution 19. If approved, the measure would have amended Part Second of the New Hampshire Constitution by adding an Article 6-c.[1][2]

Background

According to an article by NH Labor News, the New Hampshire legislature created approximately 300 funds that would fall under the purview of this measure. They funded diverse projects, such as highway funds and domestic violence protection. In 2011, funds that were dedicated to a student scholarship program were used to cover costs in the state university system due to cuts to funding in the state general fund. Budget maneuvers such as that were part of the motivation for this measure, which would have made them more difficult, though not impossible.[3][4]

Text of measure

See also: New Hampshire Constitution, Part Second

The proposed ballot text read as follows:[1]

Are you in favor of amending the second part of the constitution by inserting after article 6-b new articles to read as follows:

[Art.] 6-c. [Use of Dedicated Funds.] Whenever by statute a special fee or assessment is imposed to defray the costs of a special program, all revenue therefrom shall be devoted to supporting the special program, except for an amount that reasonably approximates the state’s actual costs of administering the special program, unless two-thirds of the house and two-thirds of the senate vote to appropriate such revenue for another purpose. [5]

Constitutional changes

The following section would have been added to Part Second of the New Hampshire Constitution:[1]

[Art.] 6-c. [Use of Dedicated Funds.] Whenever by statute a special fee or assessment is imposed to defray the costs of a special program, all revenue therefrom shall be devoted to supporting the special program, except for an amount that reasonably approximates the state’s actual costs of administering the special program, unless two-thirds of the house and two-thirds of the senate vote to appropriate such revenue for another purpose.

Support

Officials

The following members of the Senate sponsored CACR 19:

Arguments

Sen. Clark argued in favor of the measure, saying,

I believe it is important that there should be truth in government. If we want to gain the trust of the public we should keep our word and not take money from our citizens that has been dedicated for one particular purpose through funds and fees and use it for another. Perhaps the most egregious example is when, in 2011, the legislature took millions of dollars from a fund created to provide scholarships for students in our state and used it to replace the state’s obligation to fund operating dollars for our university system. Putting this issue before the public with a Constitutional amendment will allow us to see if they agree. [3] [5]

—Sen. Martha Fuller Clark

Path to the ballot

See also: Amending the New Hampshire Constitution

In New Hampshire, legislatively referred constitutional amendments can go on the ballot if approved by a 60 percent vote of each house of the New Hampshire General Court. Once on the ballot, a proposed amendment must be approved by two-thirds of those voting in order to become part of the state's constitution.

On March 13, 2014, CACR 19 was approved by the Senate with over 90 percent in favor. It failed to gain approval in the House prior to the session's adjournment.[2]

Senate vote

March 13, 2014 Senate vote

New Hampshire Use of Dedicated Funds, CACR 19
ResultVotesPercentage
Approveda Yes 21 91.30%
No28.70%

External links

See also

Footnotes