Bill Text - HB154 (2019)

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


Revision: March 7, 2019, 4:09 p.m.

HB 154 - AS AMENDED BY THE HOUSE

 

7Mar2019... 0345h

2019 SESSION

19-0095

04/01

 

HOUSE BILL 154

 

AN ACT prohibiting non-disparagement clauses in settlement agreements involving a governmental unit.

 

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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AMENDED ANALYSIS

 

This bill prohibits and renders unenforceable the inclusion of a non-disparagement clause in a settlement agreement involving a governmental unit.

 

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

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

7Mar2019... 0345h 19-0095

04/01

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Nineteen

 

AN ACT prohibiting non-disparagement clauses in settlement agreements involving a governmental unit.

 

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

 

1  Actions Against Governmental Units.  Amend RSA 507:17 to read as follows:

507:17  Actions Against Governmental Units; Definition; Court Records.  

I.  "Governmental unit" means the state and any political subdivision within the state including any county, city, town, precinct, school district, chartered public school, school administrative unit, or departments or agencies thereof.

II.  In any action or claim against a governmental unit or any former or current elected official, appointed official, officer, or employee, where the governmental unit has agreed to a settlement of such action or claim, the complete terms of the settlement and the decree of the court judgment shall be available as a matter of public record pursuant to RSA 91-A.

III.  A non-disparagement clause or other language which either prevents the parties from discussing the facts of the underlying claim or speaking negatively about each other shall not be included in any settlement agreement involving a governmental unit.  Any such language included in a settlement agreement involving a governmental unit shall be unenforceable.

IV.  The court may redact the names of minor children or any other person the court determines to be entitled to privacy.  

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

HB 154 - AS AMENDED BY THE HOUSE

 

7Mar2019... 0345h

2019 SESSION

19-0095

04/01

 

HOUSE BILL 154

 

AN ACT prohibiting non-disparagement clauses in settlement agreements involving a governmental unit.

 

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

 

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

 

AMENDED ANALYSIS

 

This bill prohibits and renders unenforceable the inclusion of a non-disparagement clause in a settlement agreement involving a governmental unit.

 

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

 

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.

7Mar2019... 0345h 19-0095

04/01

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Nineteen

 

AN ACT prohibiting non-disparagement clauses in settlement agreements involving a governmental unit.

 

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

 

1  Actions Against Governmental Units.  Amend RSA 507:17 to read as follows:

507:17  Actions Against Governmental Units; Definition; Court Records.  

I.  "Governmental unit" means the state and any political subdivision within the state including any county, city, town, precinct, school district, chartered public school, school administrative unit, or departments or agencies thereof.

II.  In any action or claim against a governmental unit or any former or current elected official, appointed official, officer, or employee, where the governmental unit has agreed to a settlement of such action or claim, the complete terms of the settlement and the decree of the court judgment shall be available as a matter of public record pursuant to RSA 91-A.

III.  A non-disparagement clause or other language which either prevents the parties from discussing the facts of the underlying claim or speaking negatively about each other shall not be included in any settlement agreement involving a governmental unit.  Any such language included in a settlement agreement involving a governmental unit shall be unenforceable.

IV.  The court may redact the names of minor children or any other person the court determines to be entitled to privacy.  

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