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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. A public servant shall be responsible for paying for his or her bond.
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. A public servant shall be responsible for paying for his or her bond.
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. A public servant shall be responsible for paying for his or her bond.
II. Upon investigation and payment of any claim to the damaged party, the bonding company shall have a full equitable remedy of subrogation.
4 Board of Claims; Reference Removed. Amend RSA 99-D:2-a to read as follows:
99-D:2-a Official Duty Defined. For the purposes of RSA 99-D:2, the term "official duty'' shall, in the case of a legislator, mean any duty or action taken in committee or in sessions of the general court or in such other forum where the legislator appears at the request of the house, senate or presiding officer of either body. It shall also include any other act for which immunity is granted under the provisions of RSA 541-B:19. Nothing in this section shall be construed to waive any immunity applicable to the legislator or the actions complained of, including those set forth in RSA 541-B:19, and all other provisions of RSA 99-D:2 shall apply.
5 Board of Claims; Reference Removed. Amend RSA 106-L:4 to read as follows:
106-L:4 Executive Branch Jurisdiction. The police standards and training council is an executive branch council. The council, the director, and employees hired by the director performing the functions required by this chapter shall be subject to RSA 7:8, RSA 541-B, and RSA 99-D, and contracts by them shall be subject to attorney general review and review and approval by the governor and executive council.
6 Board of Claims; Reference Removed. Amend RSA 230:79, II to read as follows:
II. If the department of transportation fails to act as set forth in paragraph I, it shall be liable in damages for all personal injury or property damage proximately caused by the insufficiency identified in the notice, subject to the liability limits under RSA 541-B:14.
7 Repeal. RSA 541-B, relative to the board of claims, is repealed.
8 Effective Date. This act shall take effect 60 days after its passage.
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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. A public servant shall be responsible for paying for his or her bond.
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. A public servant shall be responsible for paying for his or her bond.
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. A public servant shall be responsible for paying for his or her bond.
II. Upon investigation and payment of any claim to the damaged party, the bonding company shall have a full equitable remedy of subrogation.
4 Board of Claims; Reference Removed. Amend RSA 99-D:2-a to read as follows:
99-D:2-a Official Duty Defined. For the purposes of RSA 99-D:2, the term "official duty'' shall, in the case of a legislator, mean any duty or action taken in committee or in sessions of the general court or in such other forum where the legislator appears at the request of the house, senate or presiding officer of either body. It shall also include any other act for which immunity is granted . Nothing in this section shall be construed to waive any immunity applicable to the legislator or the actions complained of, and all other provisions of RSA 99-D:2 shall apply.
5 Board of Claims; Reference Removed. Amend RSA 106-L:4 to read as follows:
106-L:4 Executive Branch Jurisdiction. The police standards and training council is an executive branch council. The council, the director, and employees hired by the director performing the functions required by this chapter shall be subject to RSA 7:8 and RSA 99-D, and contracts by them shall be subject to attorney general review and review and approval by the governor and executive council.
6 Board of Claims; Reference Removed. Amend RSA 230:79, II to read as follows:
II. If the department of transportation fails to act as set forth in paragraph I, it shall be liable in damages for all personal injury or property damage proximately caused by the insufficiency identified in the notice.
7 Repeal. RSA 541-B, relative to the board of claims, is repealed.
8 Effective Date. This act shall take effect 60 days after its passage.