Bill Text: NH SB421 | 2016 | Regular Session | Amended
Bill Title: Relative to liability of governmental units.
Spectrum: Bipartisan Bill
Status: (Engrossed - Dead) 2016-09-16 - Executive Session: 10/20/2016 10:00 Amendment Legislative Office Building 307 [SB421 Detail]
Download: New_Hampshire-2016-SB421-Amended.html
SB 421 - AS AMENDED BY THE SENATE
03/24/2016 1081s
2016 SESSION
16-2910
06/05
SENATE BILL 421
AN ACT relative to liability of governmental units.
SPONSORS: Sen. Carson, Dist 14; Sen. Birdsell, Dist 19; Sen. Feltes, Dist 15; Rep. Woodbury, Hills. 5; Rep. Wall, Straf. 6
COMMITTEE: Public And Municipal Affairs
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ANALYSIS
This bill modifies the liability of governmental units in bodily injury actions.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
03/24/2016 1081s 16-2910
06/05
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Sixteen
AN ACT relative to liability of governmental units.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Paragraph; Bodily Injury Actions Against Governmental Units; Definitions. Amend RSA 507-B:1 by inserting after paragraph I the following new paragraph:
I-a. "Employee or official of a governmental unit" means any member or officer of its governing board, administrative staff, or agencies, including but not limited to selectmen, school board members, chartered public school trustees, city councilors and aldermen, town councilors, town and city managers, mayors, regional planning commissioners, town and city health officials, police officers, overseers of public welfare, superintendents of schools, and all other employees and officials whether elected or appointed, and whether paid or unpaid, provided he or she is acting within the scope of his or her official duties.
2 Bodily Injury Actions Against Governmental Units; Definitions. Amend RSA 507-B:1, III and IV to read as follows:
III. "Personal injury'' means:
(a) Any injury to the feelings or reputation of a natural person, including but not limited to, false arrest, detention or imprisonment, malicious prosecution, libel, slander, or the publication or utterance of other defamatory or disparaging material, invasion of an individual's right of privacy, invasion of the right of private occupancy, wrongful entry or eviction, mental injury, mental anguish, shock, and, except when against the public policy or the laws of New Hampshire, or both, discrimination; and
(b) Any injury to intangible property sustained by any [organization] person as a result of false eviction, malicious prosecution, libel, slander, or defamation. The term "personal injury'' shall not include "bodily injury'' or "property damage.''
IV. "Property damage'' means a loss through injury to, or destruction of, tangible property or real estate.
3 Bodily Injury Actions Against Governmental Units; Snow, Ice, and Other Weather Hazards. Amend RSA 507-B:2-b to read as follows:
507-B:2-b Snow, Ice, and Other Weather Hazards. Notwithstanding RSA 507-B:2, a [municipality or school district] governmental unit shall not be liable for damage arising from insufficiencies or hazards on any premises owned, occupied, maintained, or operated by it, even if it has actual notice of them, when such hazards are caused solely by snow, ice, or other inclement weather, and the [municipality's or school district's] governmental unit's failure or delay in removing or mitigating such hazards is the result of its implementation, absent gross negligence or reckless disregard of the hazard, of a winter or inclement weather maintenance policy or set of priorities with respect to such premises, adopted in good faith by the official responsible for such policy. All [municipal or school district employees] governmental units, officials, and agents shall be presumed to be acting pursuant to such a policy or set of priorities in the absence of proof to the contrary.
4 Bodily Injury Actions Against Governmental Units; Limit of Liability. Amend RSA 507-B:4 to read as follows:
507-B:4 Limit of Liability.
I. Liability of a governmental unit for bodily injury, personal injury or property damage sustained by any one person in actions brought under this chapter is limited to [$275,000] $325,000. Such limit applies in the aggregate to any and all actions to recover for bodily injury, personal injury or property damage [arising out of bodily injury, personal injury or property damage] sustained by one person in a single incident or occurrence. Liability of a governmental unit for bodily injury, personal injury or property damage sustained by any number of persons in a single incident or occurrence is limited to [$925,000] $1,000,000. The limits applicable to any action shall be the limits in effect at the time of the judgment or stipulated settlement.
II. The court shall award no punitive damages against a governmental unit for bodily injury, personal injury or property damage.
III. The jury shall not be informed of the limits in paragraph I but the court shall abate any verdict to the extent it exceeds the limits prescribed in this section. In actions consolidated under RSA 507-B:3, in the event the verdicts exceed the limits prescribed in this section, the verdicts shall be abated pro rata. Interest and costs may be recovered as in any civil action, in addition to the limits prescribed in this section.
IV. If any claim is made or any civil action is commenced against a present or former employee, trustee, or official of a [municipality or chartered public school] governmental unit seeking equitable relief or claiming damages, the liability of said employee or official shall be governed by the same principles and provisions of law and shall be subject to the same limits as those which govern [municipal] governmental unit liability, so long as said employee or official was acting within the scope of his or her office and [in good faith] reasonably believed in the legality of his or her actions.
5 Bodily Injury Actions Against Governmental Units; Policies Procured by Governmental Agency. Amend RSA 507-B:7-a to read as follows:
507-B:7-a [Insurance] Policies Procured by Governmental Agency.
I. It shall be lawful for [the state or] any [municipal subdivision thereof, including any county, city, town, school district, school administrative unit or other district,] governmental unit to procure the policies of insurance described in RSA 412 or programs for pooled risks under RSA 5-B.
II. In any action against [the state or any municipal subdivision thereof] a governmental unit covered by a policy of insurance described in RSA 412 to enforce liability on account of a risk so insured against, the insuring [company] entity or [state or municipal subdivision thereof] governmental unit shall not be allowed to plead as a defense immunity from liability for damages resulting from the performance of governmental functions, and its liability shall be determined as in the case of a private corporation except when a standard of care differing from that of a private corporation is set forth by statute.
III. If covered by a policy of insurance described in RSA 412, the liability of a governmental unit in connection with any claim filed under this chapter[; provided, however, that liability in any such case] shall not exceed the limits of coverage specified in the policy of insurance [or as to governmental units defined in RSA 507-B, liability shall not exceed the policy limit] or specified in RSA 507-B:4, [if applicable,] whichever is higher, and the court shall abate any verdict in any such action to the extent that it exceeds such [limit] limits.
6 New Section; Limitation of Actions; State as Plaintiff. Amend RSA 508 by inserting after section 4-g the following new section:
508:4-h State as Plaintiff. Except as otherwise provided by law, all personal actions or civil enforcement actions in which the state is a plaintiff may be brought only within 3 years of the date when the plaintiff agency, department, authority, or official possessed actual knowledge of the act, omission, or violation complained of, provided the defendant demonstrates that the delay was unreasonable and prejudicial and that the detriment to the defendant caused by the delay outweighs the detriment to the public that would be caused by dismissal of the action. Such limitation shall not apply to any violation or wrong that is ongoing or has otherwise not been corrected.
7 Defense and Indemnification of State Officers and Employees. Amend RSA 99-D:3 to read as follows:
99-D:3 Insurance. The state, or any department or agency thereof, shall self-insure against all such damages, losses and expenses except to the extent that insurance coverage is obtained under the authority of RSA [507-B] 9:27. The fiscal committee of the general court shall study alternative means to self-insurance by the state and shall report its findings to the general court not later than January 31, 1979. The fiscal committee shall be free to seek the assistance of the insurance department, the attorney general's office, and any other resource individuals.
8 Claims Against the State. Amend RSA 541-B:14, I to read as follows:
I. All claims arising out of any single incident against any agency for damages in tort actions shall be limited to an award not to exceed $475,000 per claimant and $3,750,000 per any single incident, or the proceeds from any insurance policy procured pursuant to RSA [507-B] 9:27, whichever amount is greater; except that no claim for punitive damages may be awarded under this chapter. The limits applicable to any action shall be the limits in effect at the time of the judgment or stipulated settlement.
9 Effective Date. This act shall take effect January 1, 2017.
