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May 09. 2012 9:04PM

Senate votes to restore right to sue for government action

CONCORD — The Senate has voted to restore the ability of residents to go to court if they want to challenge a government action.

HB 1510 seeks to return the state to a long-standing legal right for taxpayers.

That right was changed in 2010 by a state Supreme Court ruling in Baer vs. N.H. Department of Education.

In that ruling, the court used a new interpretation of an old law, which had the effect of doing away with the right to bring suit unless they could prove the action caused significant personal harm.

The Senate did change the House-passed bill to say anyone challenging a government or public agency action, has to have his or her personal rights affected. The change was meant to make it clear the right to challenge is not open-ended.

The amendment was pushed by the New Hampshire Municipal Association.

But Sen. Matthew Houde, D-Lebanon, told the Senate simply passing the bill would have significant fiscal impact for the court system, cities and towns, the attorney general and companies doing business with government on all levels.

“You underestimate the fiscal implications of this bill at your own peril,” Houde said.

Sen. Fenton Groen, R-Rochester, said there would be limitations, noting taxpayers would have to live in the district in order to have standing.

“This path (to the courts) was available until 2010 and there was not a rash of cases back then,” Groen said. “There is no reason to believe there would be a rash of cases now.”

Other senators argued the bill would protect personal property rights that the court case now prohibits.

The case involves the expansion of elementary schools in Concord, which was challenged after the Board of Education waived lot size requirements for two of the schools.

The action was challenged by two Concord taxpayers who were not injured personally, but challenged the ruling as city taxpayers.

Sen. Sylvia Larsen, D-Concord, opposed the bill even with the amendment, saying the law will cause delays, raise costs and is anti-business, particularly for businesses that use state or local authority to proceed with a project.

But Senate Majority Leader Jeb Bradley, R-Wolfeboro, said while he understand the concerns, the bill protects the personal property rights of taxpayers in their communities.

The bill will have to return to the House for review due to the changes added by the Senate.

Also the Senate put off action on 13 bills Wednesday including HB 1297, which would prohibit a state-run health insurance exchange; HB 1560, to allow interstate compacts for health care; HB 217, establishing fetal homicide statutes; HB 1704, which raises the contribution and spending limits for state elections; HB 1418, which would increase the threshold for the business enterprise tax; HCR40, which urges the adoption of a Constitutional amendment requiring a balanced budget for the federal government; HB 1206, which would require employee and employers to split the cost of benefits when labor agreements end; HB 1300, concerning removing public officials from office; HB 1182, which prohibits the sale of baby food containing bisphenol A; HB 1410, changing security regulations; HB 1699, which concerns driving under the influence of drugs; HB 1354, relative to a person's residence for voting; and HB 1478, which defines domicile for voting and motor vehicle purposes.

On a 20-4 vote, the Senate killed HCR 41, which would urge Congress to declare a federal grant to Planned Parenthood of Northern New England unconstitutional.

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