Bill Details - HB1461 (2018)

HB 1461 - AS INTRODUCED

 

 

2018 SESSION

18-2336

06/03

 

HOUSE BILL 1461

 

AN ACT relative to penalties for unconstitutional actions by municipal officials.

 

SPONSORS: Rep. Marple, Merr. 24; Rep. Comeau, Carr. 5; Rep. Howard, Belk. 8

 

COMMITTEE: Municipal and County Government

 

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ANALYSIS

 

This bill requires municipalities to follow constitutional mandates.

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

18-2336

06/03

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Eighteen

 

AN ACT relative to penalties for unconstitutional actions by municipal officials.

 

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

 

1  Purpose Statement.  The general court finds that municipalities are ignoring the constitutional mandate of article 20 of the first part of the New Hampshire constitution and are taking legal action without an order from a jury.

2  Powers and Duties of Towns; In General.  Amend RSA 31:3 to read as follows:

31:3  In General.  

I.  Towns may purchase and hold real and personal estate for the public uses of the inhabitants, and may sell and convey the same; may recognize unions of employees and make and enter into collective bargaining contracts with such unions; and may make any contracts which may be necessary and convenient for the transaction of the public business of the town.

II.  Any municipality that violates any constitutional mandate, including article 20 of the first part of the New Hampshire constitution, shall suffer the officials causing the unconstitutional action to be dismissed from their office and the action of such officials to be a nullity.

3  Effective Date.  This act shall take effect 60 days after its passage.

Docket

Date Status
Jan. 3, 2018 Introduced 01/03/2018 and referred to Municipal and County Government HJ 1 P. 11
Jan. 17, 2018 Public Hearing: 01/17/2018 02:00 PM LOB 301
Jan. 25, 2018 Executive Session: 01/25/2018 10:00 AM LOB 301
Feb. 7, 2018 Committee Report: Inexpedient to Legislate for 02/07/2018 (Vote 15-0; CC) HC 5 P. 14
Committee Report: Inexpedient to Legislate (Vote 15-0; CC)
Feb. 8, 2018 Inexpedient to Legislate: MA VV 02/08/2018 HJ 3 P. 11

Action Dates

Date Body Type
Jan. 17, 2018 House Hearing
Jan. 25, 2018 House Exec Session
House Floor Vote
Feb. 7, 2018 House Floor Vote

Bill Text Revisions

HB1461 Revision: 1940 Date: Nov. 3, 2017, 11:14 a.m.