Bill Text: NH HB1688 | 2016 | Regular Session | Introduced

New Hampshire House Bill 1688 (Prior Session Legislation)

Introduced

Bill Title: Relative to governmental liability for negligence claims.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2016-03-10 - Inexpedient to Legislate: Motion Adopted Voice Vote 03/09/2016 House Journal 23 P. 182 [HB1688 Detail]

Download: New_Hampshire-2016-HB1688-Introduced.html

HB 1688-FN-LOCAL - AS INTRODUCED

2016 SESSION

16-2825

06/09

HOUSE BILL 1688-FN-LOCAL

AN ACT relative to governmental liability for negligence claims.

SPONSORS: Rep. Woodbury, Hills. 5; Rep. Hopper, Hills. 2

COMMITTEE: Judiciary

-----------------------------------------------------------------

ANALYSIS

This bill provides that employees of a governmental unit may be held liable for damages in certain negligence claims.

This bill is a request of the committee to study government immunity from suit and accountability by its citizens established in 2015, 175 (SB41).

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

16-2825

06/09

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Sixteen

AN ACT relative to governmental liability for negligence claims.

Be it Enacted by the Senate and House of Representatives in General Court convened:

1 Bodily Injury Actions Against Governmental Units; Liability for Negligence. Amend RSA 507-B:2 to read as follows:

507-B:2 Liability for Negligence. A governmental unit, employee, or official may be held liable for damages in an action to recover for bodily injury, personal injury or property damage caused by its fault or by fault attributable to it, whether or not arising out of ownership, occupation, maintenance, or operation of all motor vehicles, and all premises[; provided,]. However, [that] the liability of any governmental unit with respect to its sidewalks, streets, and highways shall be limited as provided in RSA 231 and the liability of any governmental unit with respect to publicly owned airport runways and taxiways shall be limited as set forth in RSA 422.

2 Effective Date. This act shall take effect January 1, 2017.

LBAO

16-2825

12/16/15

HB 1688-FN-LOCAL- FISCAL NOTE

AN ACT relative to governmental liability for negligence claims.

FISCAL IMPACT:

The New Hampshire Association of Counties, New Hampshire Municipal Association, and Judicial Branch state this bill, as introduced, may increase state, county, and local expenditures by indeterminable amounts in FY 2017 and each year thereafter. There will be no fiscal impact to state, county, and local revenue.

METHODOLOGY:

The New Hampshire Association of Counties and New Hampshire Municipal Association state this bill expands liability for negligence claims to employees and officials of every political subdivision in the state. Further, this bill provides for liability arising out of ownership, occupation, maintenance, or operation of all motor vehicles, and all premises. This bill could increase the number of negligence cases in which counties and municipalities may be held liable for personal injuries. Costs for liability insurance for political subdivisions may increase by an indeterminable amount as a result of this bill.

The Judicial Branch states this bill may increase the number of cases brought forward for damages against governmental units, their employees, and their officials. There is no method to determine how many additional cases would be brought as a result of this bill to determine the fiscal impact on expenditures. The table below provides the potential costs associated with this bill:

	FY 2017	FY 2018
Judicial Branch*
Complex Civil Case	$724	$756
Appeals	Varies	Varies
*It should be noted average case cost estimates for FY 2017 and FY 2018 are based on data that is more than ten years old and does not reflect changes to the courts over that same period of time or the impact these changes may have on processing the various case types.

The Department of Administrative Services states this bill will have no fiscal impact because the State and all of its departments and agencies are exempt from the provisions of this bill pursuant to RSA 507-B:1, I.