Bill Text - HB186 (2017)

(New Title) relative to limitation of actions in which the state is a plaintiff.


Revision: June 29, 2017, 2:01 p.m.

CHAPTER 159

HB 186 - FINAL VERSION

 

9Mar2017... 0286h

04/20/2017   1399s

2017 SESSION

17-0443

06/04

 

HOUSE BILL 186

 

AN ACT relative to limitation of actions in which the state is a plaintiff.

 

SPONSORS: Rep. L'Heureux, Hills. 21; Rep. Barry, Hills. 21

 

COMMITTEE: Judiciary

 

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AMENDED ANALYSIS

 

This bill provides that certain actions in which the state is a plaintiff be brought within 3 years.

 

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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

9Mar2017... 0286h

04/20/2017   1399s 17-0443

06/04

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Seventeen

 

AN ACT relative to limitation of actions in which the state is a plaintiff.

 

Be it Enacted by the Senate and House of Representatives in General Court convened:

 

159:1  New Section; Limitation of Actions; State as Plaintiff.  Amend RSA 508 by inserting after section 4-g the following new section:

508:4-h  State as Plaintiff.  

I.  Except as otherwise provided by law, all personal actions or civil enforcement actions in which the state is a plaintiff shall be brought within 3 years of the date when the plaintiff agency, department, authority, or official possessed actual knowledge of the act, omission, or violation complained of, unless the state demonstrates that the delay was not unreasonable or prejudicial to the defendant, or that the detriment to the public caused by the delay outweighs the detriment to defendant.  Such limitation shall not apply to any violation or wrong that is ongoing or has otherwise not been corrected.

II.  For toll violations, the limitation period under paragraph I shall not begin until one year after the effective date of the denial of motor vehicle registration renewal privileges.

159:2  Effective Date.  This act shall take effect January 1, 2018.

 

Approved: June 28, 2017

Effective Date: January 01, 2018