Opinion of the Justices
Opinion of the Justices
Opinion of the Court
To the Honorable Senate:
The undersignéd justices of the supreme court return the following reply to the inquiries contained in your resolution adopted April 8, 1975, and filed with this court on April 11, 1975.
Economic legislation, like the regulation of finance charges, to be constitutional must be based on some substantial and rational foundation. Valley Bank v. State, 115 N.H. 151, 335 A.2d 652 (1975); Granite State Grocers Ass’n v. State Liquor Comm’n, 112 N.H. 62, 66, 289 A.2d 399, 402 (1972); Welch Co. v. State, 89 N.H. 428, 432, 199 A. 886, 888 (1938), aff'd, 306 U.S. 79 (1939). Classifications, therefore, made by such legislation must reasonably promote some proper object of public welfare or interest. Welch Co. v. State supra; Marine Corps League v. Benoit, 96 N.H. 423, 427, 78 A.2d 513, 517 (1951).
We are of the opinion that the proposed House bill No. 253 is unconstitutional, because it arbitrarily discriminates against a certain category of credit card issuers. See Rosenblum v. Griffin, 89 N.H. 314, 197 A. 701 (1938); N.H. Const. pt. I, art. 12.
April 30, 1975
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