HB188 (2017) Detail

Relative to the statute of limitations for continuing violations of rights which are guaranteed by the federal or state constitution.


HB 188 - AS INTRODUCED

 

 

2017 SESSION

17-0452

09/10

 

HOUSE BILL 188

 

AN ACT relative to the statute of limitations for continuing violations of rights which are guaranteed by the federal or state constitution.

 

SPONSORS: Rep. Brewster, Merr. 21

 

COMMITTEE: Judiciary

 

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ANALYSIS

 

This bill excepts continuing violations of rights which are guaranteed by the federal or state constitution from the 3-year statute of limitations for personal actions.

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

17-0452

09/10

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Seventeen

 

AN ACT relative to the statute of limitations for continuing violations of rights which are guaranteed by the federal or state constitution.

 

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

 

1  Personal Actions; Statute of Limitations.  Amend RSA 508:4 to read as follows:

508:4  Personal Actions.

I.  Except as otherwise provided by law, all personal actions, except actions for slander or libel or continuing violations of rights which are guaranteed by the federal or state constitution, may be brought only within 3 years of the act or omission complained of, except that when the injury and its causal relationship to the act or omission were not discovered and could not reasonably have been discovered at the time of the act or omission, the action shall be commenced within 3 years of the time the plaintiff discovers, or in the exercise of reasonable diligence should have discovered, the injury and its causal relationship to the act or omission complained of.

II.  Personal actions for slander or libel, unless otherwise provided by law, may be brought only within 3 years of the time the cause of action accrued.

III.  Personal actions for continuing violations of rights which are guaranteed by the federal or state constitution may be brought within 3 years of the ending time of any of the violations.

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

Links

HB188 at GenCourtMobile

Action Dates

Date Body Type
Jan. 11, 2017 House Hearing
Jan. 17, 2017 House Exec Session
Jan. 26, 2017 House Floor Vote

Bill Text Revisions

HB188 Revision: 351 Date: Jan. 30, 2017, 12:25 p.m.

Docket

Date Status
Jan. 4, 2017 Introduced 01/04/2017 and referred to Judiciary HJ 2 P. 19
Jan. 11, 2017 Public Hearing: 01/11/2017 02:30 PM LOB 208
Jan. 17, 2017 Executive Session: 01/17/2017 01:00 PM LOB 208
Jan. 26, 2017 Committee Report: Inexpedient to Legislate for 01/26/2017 (Vote 18-0; CC) HC 8 P. 4
Jan. 26, 2017 Inexpedient to Legislate: MA VV 01/26/2017 HJ 4 P. 5