HB 238 - AS INTRODUCED
2003 SESSION
08/09
HOUSE BILL 238
AN ACT relative to the constitutionality of the presumption of procedural validity of municipal legislation.
SPONSORS: Rep. L. Christiansen, Hills 66; Rep. Marple, Merr 37
COMMITTEE: Municipal and County Government
This bill excludes constitutional validity from the presumption of procedural validity granted to municipal legislation after a 5-year period.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.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.