HJR2 (2017) Detail

Making an appropriation for restitution to Joseph Haas as a result of failure of the clerk of the supreme court to process a notice of errors.


HJR 2-FN-A - AS INTRODUCED

 

 

2017 SESSION

17-0763

09/04

 

HOUSE JOINT RESOLUTION 2-FN-A

 

A RESOLUTION making an appropriation for restitution to Joseph Haas as a result of failure of the clerk of the supreme court to process a notice of errors.

 

SPONSORS: Rep. Brewster, Merr. 21

 

COMMITTEE: Legislative Administration

 

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ANALYSIS

 

This house joint resolution requires the payment of money to Joseph Haas.

 

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17-0763

09/04

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Seventeen

 

A RESOLUTION making an appropriation for restitution to Joseph Haas as a result of failure of the clerk of the supreme court to process a notice of errors.

 

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

 

Whereas, in 1992, the New Hampshire supreme court clerk, in case #92-710 (138 NH 389) [March 31, 1994], failed to process a "notice of errors" filed by Joseph Haas; and

Whereas, in January 2015, the judicial council determined that the clerk should have processed the notice filed by Mr. Haas; and

Whereas, to compensate Mr. Haas for his loss due to the supreme court clerk's nonperformance, Mr. Haas seeks payment of $42,500, plus interest at 10 percent per annum compounded daily, to be paid from the faithful performance bond of the supreme court clerk maintained pursuant to RSA 93-B; now therefore, be it

Resolved by the Senate and House of Representatives in General Court convened:

That the general court hereby requires payment of $42,500, plus interest at 10 percent per annum compounded daily, to Joseph Haas.  Said sum shall be a charge against the faithful performance bond of the supreme court clerk.

 

LBAO

17-0763

1/23/17

 

HJR 2-FN-A- FISCAL NOTE

AS INTRODUCED

 

AN ACT making an appropriation for restitution to Joseph Haas as a result of failure of the clerk of the supreme court to process a notice of errors.

 

FISCAL IMPACT:      [    ] State              [    ] County               [    ] Local              [ X ] None

 

 

METHODOLOGY:

This bill requires the payment of $42,500 plus interest at 10 percent per annum compounded daily, to Joseph Haas.  The amount shall be a charge against the faithful performance bond of the Supreme Court clerk.  The bond is maintained by the Department of Administrative Services for coverage up to $200,000, but the coverage is for losses to the State and not to individual citizens.  The individual would need to have a suit brought against the State for the alleged loss.  However, the alleged loss dates back over 20 years and any such suit would be time-barred.      

 

AGENCIES CONTACTED:

Judicial Branch (first contacted on January 17, 2017 for a fiscal note worksheet which has not been provided as of January 23, 2017.  Information for this fiscal note was based on the fiscal note worksheet response provided by the Branch for HJR 4 during the 2016 session)

 

Links

HJR2 at GenCourtMobile

Action Dates

Date Body Type
Jan. 31, 2017 House Hearing
Jan. 31, 2017 House Exec Session
Feb. 9, 2017 House Floor Vote

Bill Text Revisions

HJR2 Revision: 421 Date: Jan. 31, 2017, 8:26 a.m.

Docket

Date Status
Jan. 5, 2017 Introduced 01/05/2017 and referred to Legislative Administration HJ 3 P. 23
Jan. 31, 2017 Public Hearing: 01/31/2017 10:15 AM LOB 104
Jan. 31, 2017 Executive Session: 01/31/2017 LOB 104
Feb. 9, 2017 Committee Report: Inexpedient to Legislate for 02/09/2017 (Vote 10-0; CC) HC 10 P. 4
Feb. 9, 2017 Inexpedient to Legislate: MA VV 02/09/2017 HJ 6 P. 4