CHAPTER 175
SB 41 – FINAL VERSION
3June2015… 1708h
2015 SESSION
05/03
SENATE BILL 41
AN ACT establishing a committee to study government immunity from suit and accountability by its citizens.
SPONSORS: Sen. Boutin, Dist 16
AMENDED ANALYSIS
This bill establishes a committee 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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
3June2015… 1708h
15-0680
05/03
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Fifteen
AN ACT establishing a committee 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:
175:1 Committee to Study Government Immunity from Suit and Accountability by its Citizens.
I. There is established a committee to study government immunity from suit and accountability by its citizens.
II. The members of the committee shall be as follows:
(a) Four members of the house of representatives, appointed by the speaker of the house of representatives.
(b) Three members of the senate, appointed by the president of the senate.
III. Members of the committee shall receive mileage at the legislative rate when attending to the duties of the committee.
IV. The committee shall study 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 committee 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 committee shall be called by the first-named senate member and shall be held within 30 days of the effective date of this section. A chairperson shall be selected by the members of the committee. The appropriate legislative research entities shall provide assistance and support to the committee as necessary. Four members of the committee shall constitute a quorum.
VI. The committee 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.
175:2 Effective Date. This act shall take effect upon its passage.
Approved: June 26, 2015
Effective Date: June 26, 2015