Revision: Jan. 16, 2025, 12:03 p.m.
HB 614-FN - AS INTRODUCED
2025 SESSION
25-0588
09/02
HOUSE BILL 614-FN
AN ACT relative to litigation alleging constitutional rights violations.
SPONSORS: Rep. Cordelli, Carr. 7; Rep. Ammon, Hills. 42; Rep. Berezhny, Graf. 11; Rep. Harvey-Bolia, Belk. 3; Rep. Hill, Merr. 2; Rep. D. McGuire, Merr. 14; Rep. Perez, Rock. 16; Rep. Rhodes, Ches. 17; Rep. Verville, Rock. 2; Rep. Terry, Belk. 7
COMMITTEE: Judiciary
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ANALYSIS
This bill states that a person who successfully proves that his or her rights under the state constitution were violated is entitled to relief even if no monetary damages are proven.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
25-0588
09/02
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Five
AN ACT relative to litigation alleging constitutional rights violations.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Findings. The general court finds that any violation of a person’s New Hampshire constitutional rights must be remedied by a court of law, even when monetary damages are not alleged.
2 New Chapter; Litigation Involving State Constitutional Rights. Amend RSA by inserting after chapter 354-B the following new chapter:
CHAPTER 354-C
LITIGATION INVOLVING STATE CONSTITUTIONAL RIGHTS
354-C:1 Remedy of State Constitutional Violations.
I. Any New Hampshire court shall remedy a completed violation of a person’s state constitutional rights with relief including, but not limited to, declaratory judgment, nominal damages, and any other appropriate equitable relief.
II. This remedy may be awarded under the state constitution itself, under the grant of authority in this statute, under the court’s common law equitable jurisdiction, or any combination thereof.
III. Nothing in this chapter shall be construed as a legislative finding that the New Hampshire constitution does not entail retrospective remedies.
IV. Nothing in this chapter shall be construed as limiting any person’s constitutional rights or the remedies available thereto.
354-C:2 Severability.
If any provision of this chapter or any application of such provision to any particular person or circumstance is held to be invalid by any court of law, the remainder of this chapter and any remaining application of its provisions to any other person or circumstance shall not be affected.
3 Effective Date. This act shall take effect 30 days after its passage.
25-0588
1/8/25
HB 614-FN- FISCAL NOTE
AS INTRODUCED
AN ACT relative to litigation alleging constitutional rights violations.
FISCAL IMPACT:
The Legislative Budget Assistant has determined that this legislation has a total fiscal impact of less than $10,000 in each of the fiscal years 2025 through 2028.
AGENCIES CONTACTED:
Judicial Branch