Bill Text: NH SB41 | 2015 | Regular Session | Introduced
Bill Title: Establishing a committee to study government immunity from suit and accountability by its citizens.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2015-06-30 - Signed by the Governor on 06/26/2015; Chapter 0175; Effective 06/26/2015 [SB41 Detail]
Download: New_Hampshire-2015-SB41-Introduced.html
SB 41 – AS INTRODUCED
2015 SESSION
05/03
SENATE BILL 41
AN ACT establishing a commission to study government immunity from suit and accountability by its citizens.
SPONSORS: Sen. Boutin, Dist 16
This bill establishes a commission to study government immunity from suit and accountability by its citizens.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
15-0680
05/03
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Fifteen
AN ACT establishing a commission to study government immunity from suit and accountability by its citizens.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Chapter; Commission to Study Government Immunity from Suit and Accountability by its Citizens. Amend RSA by inserting after chapter 546-B the following new chapter:
CHAPTER 546-C
COMMISSION TO STUDY GOVERNMENT IMMUNITY FROM SUIT
AND ACCOUNTABILITY BY ITS CITIZENS
546-C:1 Commission to Study Government Immunity from Suit and Accountability by its Citizens.
I. There is established a commission to study government immunity from suit and accountability by its citizens. The members of the commission shall be as follows:
(a) One member of the house of representatives, appointed by the speaker of the house of representatives.
(b) One member of the senate, appointed by the president of the senate.
(c) The attorney general, or designee.
(d) One member from the New Hampshire Municipal Association, appointed by that association.
(e) One member from the New Hampshire School Boards Association, appointed by the association.
(f) Two persons representing organized labor, one appointed by the president of the senate and one appointed by the president of the State Employees’ Association.
(g) One member from the New Hampshire Association for Justice, appointed by that association.
(h) One member from the New Hampshire chapter of the National Employment Lawyers Association, appointed by that association.
(i) A representative of an insurance company that writes municipal liability insurance in New Hampshire, appointed by the speaker of the house of representatives.
(j) A representative of a self-insured municipal entity or one insured commercially, appointed by the president of the senate.
(k) One member from the Granite State Taxpayers Association, appointed by the association.
II. Legislative members of the commission shall receive mileage at the legislative rate when attending to the duties of the commission.
III. No member appointed to the commission shall be a lobbyist registered under RSA 15:1.
IV. The commission shall study:
(a) The recent state supreme court decisions construing or ruling on state statutes regarding negligence and intentional torts by governmental entities, the lack of statutes of limitations for enforcement actions by governmental entities, and the denial of equitable or declaratory relief to challenge actions by all levels of government. The goal of the commission shall be to make recommendations for legislative action consistent with part I, articles 8 and 14 of the New Hampshire constitution to strike a proper balance for government to be held accountable to the citizens in our courts.
V. The first meeting of the commission shall be called by the senate member and shall be held within 30 days of the effective date of this section. The chairperson shall be selected by the commission. The appropriate legislative research entities shall provide assistance and support to the commission as necessary. Seven members of the commission shall constitute a quorum.
VI. The commission shall report its findings and any recommendations for proposed legislation or constitutional amendments to the speaker of the house of representatives, the president of the senate, the house clerk, the senate clerk, the governor, and the state library on or before November 15, 2015.
2 Repeal. RSA 546-C, relative to the commission to study government immunity from suit and accountability by its citizens, is repealed.
3 Effective Date.
I. Section 2 of this act shall take effect November 15, 2015.
II. The remainder of this act shall take effect upon its passage.
