HB204 (2017) Compare Changes


The Bill Text indicates a new section is being inserted. This situation is not handled right now, and the new text is displayed in both the changed and unchanged versions.

Unchanged Version

Text to be removed highlighted in red.

1 New Section; Officials and Employees Bonds; Subrogation. Amend RSA 93-B by inserting after section 1-a the following new section:

93-B:1-b Subrogation.

I. Any inhabitant, as defined by article 30 of the constitution of New Hampshire, who is injured or damaged as a result of the failure of the officers, clerks, and employees covered under RSA 93-B:1 to perform their duties, or through fraudulent acts or omissions committed by such public servants, shall have access to all bonds issued to indemnify against such losses.

II. Upon investigation and payment of any claim to the damaged party, the bonding company shall have a full equitable remedy of subrogation.

2 New Section; Bonds of County Officers; Subrogation. Amend RSA 27 by inserting after section 5 the following new section:

27:5-a Subrogation.

I. Any inhabitant, as defined by article 30 of the constitution of New Hampshire, who is injured or damaged as a result of the failure of the officers and employees covered under this chapter to perform their duties, or through fraudulent acts or omissions committed by such public servants, shall have access to all bonds issued to indemnify against such losses.

II. Upon investigation and payment of any claim to the damaged party, the bonding company shall have a full equitable remedy of subrogation.

3 New Section; Town Officers; Surety Bond; Subrogation. Amend RSA 41 by inserting after section 6 the following new section:

41:6-a Subrogation.

I. Any inhabitant, as defined by article 30 of the constitution of New Hampshire, who is injured or damaged as a result of the failure of the officers, clerks, and employees covered under RSA 41:6 to perform their duties, or through fraudulent acts or omissions committed by such public servants, 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.

II. Upon investigation and payment of any claim to the damaged party, the bonding company shall have a full equitable remedy of subrogation.

4 Effective Date. This act shall take effect 60 days after its passage.

Changed Version

Text to be added highlighted in green.

1 New Section; Officials and Employees Bonds; Subrogation. Amend RSA 93-B by inserting after section 1-a the following new section:

93-B:1-b Subrogation.

I. Any inhabitant, as defined by article 30 of the constitution of New Hampshire, who is injured or damaged as a result of the failure of the officers, clerks, and employees covered under RSA 93-B:1 to perform their duties, or through fraudulent acts or omissions committed by such public servants, shall have access to all bonds issued to indemnify against such losses.

II. Upon investigation and payment of any claim to the damaged party, the bonding company shall have a full equitable remedy of subrogation.

2 New Section; Bonds of County Officers; Subrogation. Amend RSA 27 by inserting after section 5 the following new section:

27:5-a Subrogation.

I. Any inhabitant, as defined by article 30 of the constitution of New Hampshire, who is injured or damaged as a result of the failure of the officers and employees covered under this chapter to perform their duties, or through fraudulent acts or omissions committed by such public servants, shall have access to all bonds issued to indemnify against such losses.

II. Upon investigation and payment of any claim to the damaged party, the bonding company shall have a full equitable remedy of subrogation.

3 New Section; Town Officers; Surety Bond; Subrogation. Amend RSA 41 by inserting after section 6 the following new section:

41:6-a Subrogation.

I. Any inhabitant, as defined by article 30 of the constitution of New Hampshire, who is injured or damaged as a result of the failure of the officers, clerks, and employees covered under RSA 41:6 to perform their duties, or through fraudulent acts or omissions committed by such public servants, 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.

II. Upon investigation and payment of any claim to the damaged party, the bonding company shall have a full equitable remedy of subrogation.

4 Effective Date. This act shall take effect 60 days after its passage.