HB1524 (2010) Detail

Relative to the liability of town and city health officers and overseers of public welfare.


CHAPTER 214

HB 1524 – FINAL VERSION

19May2010… 2097eba

2010 SESSION

10-2137

08/03

HOUSE BILL 1524

AN ACT relative to the liability of town and city health officers and overseers of public welfare.

SPONSORS: Rep. T. Howard, Sull 2; Rep. Rodeschin, Sull 2; Rep. Skinder, Sull 1; Rep Osgood, Sull 4; Sen. Odell, Dist 8

COMMITTEE: Judiciary

ANALYSIS

This bill limits liability for town and city health officers and 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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

19May2010… 2097eba

10-2137

08/03

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Ten

AN ACT relative to the liability of town and city health officers and overseers of public welfare.

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

214:1 Health Officers; 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, town and city health officers, 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.

214:2 Health Officers and Overseers of Public Welfare; Indemnification. Amend RSA 31:105 to read as follows:

31:105 Indemnification for Damages. A city, town, county, village district or precinct, school district, chartered public school, school administrative unit, or any other municipal corporation or political subdivision may by a vote of the governing body indemnify and save harmless for loss or damage occurring after said vote any person employed by it and 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 and city managers, regional planning commissioners, town and city health officers, overseers of public welfare, and superintendents of schools from personal financial loss and expense including reasonable legal fees and costs, if any, arising out of any claim, demand, suit, or judgment by reason of negligence or other act resulting in accidental injury to a person or accidental damage to or destruction of property if the indemnified person at the time of the accident resulting in the injury, damage, or destruction was acting in the scope of employment or office.

214:3 Health Officers and Overseers of Public Welfare; Indemnification. Amend RSA 31:106 to read as follows:

31:106 Indemnification; Civil Rights Suits. All cities, towns, counties, village districts and precincts, school districts, chartered public schools, school administrative units, and other municipal corporations and political subdivisions shall indemnify and save harmless any person employed by it and 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 and city managers, regional planning commissioners, town and city health officials, overseers of public welfare, and superintendents of schools from personal financial loss and expense including reasonable legal fees and costs, if any, arising out of any claim, demand, suit, or judgment by reason of any act or omission constituting a violation of the civil rights of an employee, teacher or student, or any other person under any federal law if such act or omission was not committed with malice, and if the indemnified person at the time of such act or omission was acting within the scope of employment or office.

214:4 Effective Date. This act shall take effect January 1, 2011.

Approved: June 28, 2010

Effective Date: January 1, 2011