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.

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.