Revision: Dec. 24, 2015, midnight
\t \t\tHB 1639-FN - AS INTRODUCED
2016 SESSION
\t16-2314
\t06/10
HOUSE BILL\t1639-FN
AN ACT\trelative to bonds for public employees.
SPONSORS:\tRep. Marple, Merr. 24; Rep. Ingbretson, Graf. 15; Rep. Itse, Rock. 10; Rep. McClarren, Hills. 29
COMMITTEE:\tExecutive Departments and Administration
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ANALYSIS
\tThis bill permits taxpayers to have access to bonds issued to indemnify public employees. This bill also gives taxpayers a right of subrogation against public employees.
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Explanation:\tMatter added to current law appears in bold italics.
\t\tMatter removed from current law appears [in brackets and struckthrough.]
\t\tMatter which is either (a) all new or (b) repealed and reenacted appears in regular type.
\t16-2314
\t06/10
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Sixteen
AN ACT\trelative to bonds for public employees.
Be it Enacted by the Senate and House of Representatives in General Court convened:
\t1 New Section; Officials and Employees Bonds; Subrogation. Amend RSA 93-B by inserting after section 1-a the following new section:
\t93-B:1-b Subrogation. Any taxpayer who is injured through the failure of the officers, clerks, and employees covered under RSA 93-B:1 to perform their duties, or through fraudulent acts committed by such persons, shall have access to all bonds issued to indemnify against such losses and shall have a right of subrogation against such officers, clerks, and employees.
\t2 Effective Date. This act shall take effect 60 days after its passage.
\t\t\t\t\t\t\t\t\t\t\t16-2314
\t\t\t\t\t\t\t\t\t\t\t12/21/15
HB 1639-FN- FISCAL NOTE
AN ACT\trelative to bonds for public employees.
FISCAL IMPACT:
The Department of Administrative Services states this bill, as introduced, may increase state expenditures by an indeterminable amount in FY 2017 and each year thereafter. There will be no fiscal impact to state, county, and local revenue or county and local expenditures.
METHODOLOGY:
The Department of Administrative Services states this bill permits taxpayers to pursue compensation for injuries caused by State public officers, clerks, and employees, either through their failure to perform duties or by fraudulent acts. This bill requires the State to have a bond in place under RSA 93-B to permit taxpayers to file claims directly with the bondholder for compensation. The Department states compensation for taxpayers under RSA 93-B is not available as that bond provides for first party coverage, payable only to the State, for certain financial losses to the State. The Department contacted the State's insurance provider to obtain a cost estimate of the proposed bond included in this bill. The insurance provider indicated such an insurance bond would be difficult to price due to the extremely high cost resulting from the potential exposure required by such a bond.