Bill Text - HB154 (2019)

(New Title) prohibiting non-disparagement clauses in settlement agreements involving a governmental unit.


Revision: Dec. 27, 2018, 9:05 a.m.

HB 154 - AS INTRODUCED

 

 

2019 SESSION

19-0095

04/01

 

HOUSE BILL 154

 

AN ACT prohibiting non-disclosure agreements in certain legal actions against a governmental body.

 

SPONSORS: Rep. Berch, Ches. 1; Rep. Amanda Bouldin, Hills. 12; Rep. McGuire, Merr. 29; Rep. Spillane, Rock. 2; Rep. Eaton, Ches. 3; Rep. Tanner, Sull. 9; Rep. Backus, Hills. 19; Rep. K. Murray, Rock. 24; Rep. Horrigan, Straf. 6; Sen. Watters, Dist 4

 

COMMITTEE: Judiciary

 

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ANALYSIS

 

This bill renders void and unenforceable a nondisclosure agreement that is part of a settlement involving a state officer or employee, or a public agency or body.

 

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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

19-0095

04/01

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Nineteen

 

AN ACT prohibiting non-disclosure agreements in certain legal actions against a governmental body.

 

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

 

1  New Section; Defense and Indemnification of State Officers and Employees.  Amend RSA 99-D by inserting after section 2-b the following new section:

99-D:2-c  Nondisclosure Agreements Unenforceable.  If the settlement of any claim made, or civil action against, any state officer or employee listed in RSA 99-D:2, or against a public agency or a public body as defined in RSA 91-A:1-a, results in a finding of liability against a state officer or employee, or public body or public agency, or requires the payment of public funds as full or partial satisfaction of the settlement, any nondisclosure agreement which is part of such settlement shall be void and unenforceable.  

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

HB 154 - AS INTRODUCED

 

 

2019 SESSION

19-0095

04/01

 

HOUSE BILL 154

 

AN ACT prohibiting non-disclosure agreements in certain legal actions against a governmental body.

 

SPONSORS: Rep. Berch, Ches. 1; Rep. Amanda Bouldin, Hills. 12; Rep. McGuire, Merr. 29; Rep. Spillane, Rock. 2; Rep. Eaton, Ches. 3; Rep. Tanner, Sull. 9; Rep. Backus, Hills. 19; Rep. K. Murray, Rock. 24; Rep. Horrigan, Straf. 6; Sen. Watters, Dist 4

 

COMMITTEE: Judiciary

 

-----------------------------------------------------------------

 

ANALYSIS

 

This bill renders void and unenforceable a nondisclosure agreement that is part of a settlement involving a state officer or employee, or a public agency or body.

 

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

 

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.

19-0095

04/01

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Nineteen

 

AN ACT prohibiting non-disclosure agreements in certain legal actions against a governmental body.

 

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

 

1  New Section; Defense and Indemnification of State Officers and Employees.  Amend RSA 99-D by inserting after section 2-b the following new section:

99-D:2-c  Nondisclosure Agreements Unenforceable.  If the settlement of any claim made, or civil action against, any state officer or employee listed in RSA 99-D:2, or against a public agency or a public body as defined in RSA 91-A:1-a, results in a finding of liability against a state officer or employee, or public body or public agency, or requires the payment of public funds as full or partial satisfaction of the settlement, any nondisclosure agreement which is part of such settlement shall be void and unenforceable.  

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