HB 1510 is an important bill that stops the courts from ignoring taxpayer court cases. It is in the Senate.
Taxpayers should show up to sign in favor of this bill. We should pass the bill otherwise the legislature will be jammed with bills that should have simply been court cases.
The hearing date and time is tomorrow 4/19/12 in Room 101, LOB, 2:45 PM.
AN ACT relative to taxpayer standing for declaratory judgments.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Declaratory Judgments; Standing. Amend RSA 491:22, I to read as follows:
I. Any person claiming a present legal or equitable right or title may maintain a petition against any person claiming adversely to such right or title to determine the question as between the parties, and the court’s judgment or decree thereon shall be conclusive. The taxpayers of a taxing district in this state shall be deemed to have an equitable right and interest in the preservation of an orderly and lawful government within such district; therefore any taxpayer in the jurisdiction of the taxing district shall have standing to petition for relief under this section without having to demonstrate that his or her personal rights were impaired or prejudiced. The existence of an adequate remedy at law or in equity shall not preclude any person from obtaining such declaratory relief. However, the provisions of this paragraph shall not affect the burden of proof under RSA 491:22-a or permit awards of costs and attorney’s fees under RSA 491:22-b in declaratory judgment actions that are not for the purpose of determining insurance coverage.
2 Effective Date. This act shall take effect January 1, 2013.