§431:10C-121 - Severability.
§431:10C-121 Severability. (a) Except
as provided in subsection (b), if any provision of this article or its
application to any person or circumstance is held unconstitutional, the
remainder of this article and the application of such provision to other
persons or circumstances shall not be affected thereby. It shall be
conclusively presumed that the legislature would have enacted the remainder of
the article without such invalid or unconstitutional provision.
(b) In the event section 431:10C-306(a) to (d)
is held constitutionally invalid, then it is the intent of the legislature that
the following sections only shall be voided:
(1) 431:10C-104;
(2) 431:10C-105;
(3) 431:10C-120;
(4) 431:10C-303;
(5) 431:10C-304; and
(6) 431:10C-305.
It shall be conclusively presumed that the
legislature would have enacted the remainder of this article without such
invalid or unconstitutional provision. [L 1987, c 347, pt of §2; am L 1989, c
195, §35; am L 1997, c 251, §31]