SB462 (2008) Detail

Limiting liability for overseers of public welfare when acting in the course of their official duties.


CHAPTER 96

SB 462 – FINAL VERSION

2008 SESSION

08-2650

08/09

SENATE BILL 462

AN ACT limiting liability for overseers of public welfare when acting in the course of their official duties.

SPONSORS: Sen. Burling, Dist 5; Sen. Sgambati, Dist 4; Sen. Barnes, Dist 17; Sen. Hassan, Dist 23; Sen. Roberge, Dist 9

COMMITTEE: Public and Municipal Affairs

ANALYSIS

This bill limits liability for overseers of public welfare when acting in the course of their official duties.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

08-2650

08/09

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Eight

AN ACT limiting liability for overseers of public welfare when acting in the course of their official duties.

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

96:1 Health Officers and Overseers of Public Welfare; Liability. Amend RSA 31:104 to read as follows:

31:104 Liability of Municipal Executives. Notwithstanding any provisions of law to the contrary, no member of the governing board of any municipal corporation or political subdivision[;], no member of any other board, commission, or bureau of any municipal corporation or political subdivision created or existing pursuant to a statute or charter, and no chief executive officer of such municipal corporation or political subdivision, including but not limited to city councilors and aldermen, selectmen, county convention members, members of boards of adjustment, members of planning boards, school board members, mayors, city managers, town managers, county commissioners, regional planning commissioners, overseers of public welfare, and school superintendents shall be held liable for civil damages for any vote, resolution, or decision made by said person acting in his or her official capacity in good faith and within the scope of his or her authority.

96:2 Effective Date. This act shall take effect January 1, 2009.

Approved: May 21, 2008

Effective Date: January 1, 2009