This page is an unofficial LFoD record and is not legal advice. Verify the document against the official source before relying on it.
HB238: relative to the constitutionality of the presumption of procedural validity of municipal legislation.
Bill details
Version history, amendments, and roll-call votes were not present in the imported local bill data.
Sponsors
- Lars Christiansen House · Hills 66
- Richard Marple House · Merr 37
Topics
Official links
HB 238 - AS INTRODUCED
2003 SESSION
03-0208
08/09
HOUSE BILL 238
AN ACT relative to the constitutionality of the presumption of procedural validity of municipal legislation.
ANALYSIS
This bill excludes constitutional validity from the presumption of procedural validity granted to municipal legislation after a 5-year period.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
03-0208
08/09
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Three
AN ACT relative to the constitutionality of the presumption of procedural validity of municipal legislation.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 No Presumption of Constitutional Validity. Amend RSA 31:126 to read as follows:
31:126 Presumption of Procedural Validity. Municipal legislation, after 5 years following its enactment, shall, without further curative act of the legislature, be entitled to a conclusive presumption of compliance with statutory enactment procedure. Any claim that municipal legislation is invalid for failure to follow statutory enactment procedure, whether that claim is asserted as part of a cause of action or as a defense to any action, may be asserted within 5 years of the enactment of the legislation and not afterward. The provisions of this section shall not limit or diminish challenges of constitutional supremacy, pursuant to article VI, paragraph 2 of the United States constitution.
2 Effective Date. This act shall take effect January 1, 2004.