HB 210-FN - AS AMENDED BY THE HOUSE
14Feb2019... 0045h
2019 SESSION
19-0237
04/05
HOUSE BILL 210-FN
AN ACT relative to civil actions against public officials in cities or towns.
SPONSORS: Rep. McLean, Hills. 44; Rep. Belanger, Hills. 27; Rep. Spillane, Rock. 2; Rep. Nunez, Hills. 37
COMMITTEE: Municipal and County Government
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ANALYSIS
This bill permits legal action against a public official of a city or town by a person who is aggrieved by the enactment of an ordinance, bylaw, or regulation.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
14Feb2019... 0045h 19-0237
04/05
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Nineteen
AN ACT relative to civil actions against public officials in cities or towns.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Section; Powers and Duties of Towns; Actions Against a Town. Amend RSA 31 by inserting after section 129 the following new section:
31:129-a Actions Against a Town.
I. Any person, entity, or organization who is aggrieved by the enactment or enforcement of an ordinance, bylaw, or regulation in violation of the authority of a town set forth in RSA 31 may file suit in the superior court in the county in which the ordinance, bylaw, or regulation was enacted or enforced against any such person, entity, or organization. Upon such filing, the superior court shall schedule a hearing on the matter as soon as is practicable. After a hearing on the merits, if the court finds in favor of the petitioner, the court shall:
(a) Issue an injunction prohibiting the public official or town from enacting or enforcing the ordinance, bylaw, or regulation;
(b) Issue a declaratory judgment declaring the ordinance, by-law, or regulation to be null and void;
(c) Order the public official or town to reimburse the aggrieved person or entity who brought the action before the superior court for all reasonable attorney fees and costs associated with bringing suit for the violation; and
(d) Award actual damages to the aggrieved person or entity, not exceeding $100,000, provided that the sanctions contained in this subparagraph and subparagraph (c) shall not apply to a good faith enforcement by a law enforcement agency of an ordinance, bylaw, or regulation found unlawful under the provisions of RSA 31.
II. If any public official of a town knowingly violates the injunction or enacts or enforces any subsequent, equivalent ordinance, bylaw, or regulation, upon filing by an aggrieved person, entity, or organization the superior court shall:
(a) Issue all such orders and awards as listed in paragraph I; and
(b) Assess a civil fine up to $500 for each violation against the public official under whose jurisdiction the violation occurred.
III. No public funds shall be used to defend or reimburse any public official or town found to have knowingly violated this section, nor shall any public funds be used to pay or reimburse any aggrieved person, entity, or organization who filed suit under this section.
2 New Section; Powers of City Councils; Actions Against a City. Amend RSA 47 by inserting after section 21 the following new section:
47:21-a Actions Against a City.
I. Any person, entity, or organization who is aggrieved by the enactment or enforcement of an ordinance, bylaw, or regulation in violation of the authority of a city set forth in RSA 47 or RSA 31 may file suit in the superior court in the county in which the ordinance, bylaw, or regulation was enacted or enforced against any such person, entity, or organization. Upon such filing, the superior court shall schedule a hearing on the matter as soon as is practicable. After a hearing on the merits, if the court finds in favor of the petitioner, the court shall:
(a) Issue an injunction prohibiting the public official or city from enacting or enforcing the ordinance, bylaw, or regulation;
(b) Issue a declaratory judgment declaring the ordinance, bylaw, or regulation to be null and void;
(c) Order the public official or city to reimburse the aggrieved person or entity who brought the action before the superior court for all reasonable attorney fees and costs associated with bringing suit for the violation; and
(d) Award actual damages to the aggrieved person or entity, not exceeding $100,000, provided that the sanctions contained in this subparagraph and subparagraph (c) shall not apply to a good faith enforcement by a law enforcement agency of an ordinance, bylaw, or regulation found unlawful under the provisions of RSA 47 or RSA 31.
II. If any public official of a city knowingly violates the injunction or enacts or enforces any subsequent, equivalent ordinance, bylaw, or regulation, upon filing by an aggrieved person, entity, or organization the superior court shall:
(a) Issue all such orders and awards as listed in paragraph I; and
(b) Assess a civil fine up to $500 for each violation against the public official or political subdivision under whose jurisdiction the violation occurred.
III. No public funds shall be used to defend or reimburse any public official or city found to have purposely or knowingly violated this section.
3 Effective Date. This act shall take effect 60 days after its passage.
19-0237
12/12/18
HB 210-FN- FISCAL NOTE
AS INTRODUCED
AN ACT relative to civil actions against public officials in cities or towns.
FISCAL IMPACT: [ X ] State [ ] County [ X ] Local [ ] None
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| Estimated Increase / (Decrease) | |||
STATE: | FY 2020 | FY 2021 | FY 2022 | FY 2023 |
Appropriation | $0 | $0 | $0 | $0 |
Revenue | Indeterminable | Indeterminable | Indeterminable | Indeterminable |
Expenditures | Indeterminable | Indeterminable | Indeterminable | Indeterminable |
Funding Source: | [ X ] General [ ] Education [ ] Highway [ ] Other | |||
LOCAL: |
|
|
|
|
Revenue | $0 | $0 | $0 | $0 |
Expenditures | Indeterminable | Indeterminable | Indeterminable | Indeterminable |
METHODOLOGY:
This bill allows for any person, entity, or organization aggrieved by the enactment or enforcement of a municipal ordinance, bylaw, or regulation, which violates the municipality’s authority set in RSA 31 and RSA 47, to file a suit in superior court. Additionally, any public official or municipality knowingly violating the provisions of this bill shall be assessed a $500 civil fine by the superior court, upon the filing of the aggrieved party.
The New Hampshire Municipal Association states this bill expands the number of potential situations when a municipality would be required to pay attorney fees. The Association states this bill will increase municipal expenditures by an indeterminable amount. The Association is unable to predict the nature and number of cases that might be filed as a result of this bill to determine the exact fiscal impact.
The Judicial Branch is unable to determine how many cases may be filed under the provisions of this bill and are unable to make an estimate on the fiscal impact. This bill contains penalties that may have an impact on the New Hampshire Judicial Branch. There is no method to determine how many charges would be brought as a result of the changes contained in this bill to determine the fiscal impact on expenditures. However, the Judicial Branch would classify an action under this bill as a complex equity case and has provided the potential costs associated with the average complex equity case below.
Judicial Branch | FY 2020 | FY 2021 |
Complex Equity Case | $782.60 | $788.45 |
It should be noted that average case cost estimates for FY 2020 and FY 2021 are based on data that is more than ten years old and does not reflect changes to the courts over that same period of time or the impact these changes may have on processing the various case types. | ||
AGENCIES CONTACTED:
New Hampshire Municipal Association and Judicial Branch
| Date | Body | Type |
|---|---|---|
| Jan. 17, 2019 | House | Hearing |
| Jan. 30, 2019 | House | Exec Session |
| House | Floor Vote | |
| Feb. 14, 2019 | House | Floor Vote |
Feb. 14, 2019: Inexpedient to Legislate: MA DV 226-121 02/14/2019 HJ 5 P. 73
Feb. 14, 2019: Lay on Table (Rep. Baldasaro): MF VV 02/14/2019 HJ 5 P. 73
Feb. 14, 2019: Ought to Pass with Amendment : MF RC 123-222 02/14/2019 HJ 5 P. 70
Feb. 14, 2019: Amendment # 2019-0045h: AA DV 219-108 02/14/2019 HJ 5 P. 70
: Committee Report: Without Recommendation (Vote 9-9; RC)
Feb. 14, 2019: Committee Report: Without Recommendation for 02/14/2019 (Vote 9-9; RC) HC 11 P. 18
Jan. 30, 2019: Executive Session: 01/30/2019 10:00 am LOB 301
Jan. 17, 2019: Public Hearing: 01/17/2019 10:00 am LOB 301-303
Jan. 2, 2019: Introduced 01/02/2019 and referred to Municipal and County Government HJ 2 P. 41