SB755 (2020) Detail

Relative to superior court judgments in actions against the state.


SB 755  - AS INTRODUCED

 

 

2020 SESSION

20-3119

08/04

 

SENATE BILL 755

 

AN ACT relative to superior court judgments in actions against the state.

 

SPONSORS: Sen. Hennessey, Dist 5; Rep. M. Smith, Straf. 6

 

COMMITTEE: Judiciary

 

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ANALYSIS

 

This bill allows the superior court to render equitable remedies actions against the state.

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

20-3119

08/04

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Twenty

 

AN ACT relative to superior court judgments in actions against the state.

 

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

 

1  Equitable Damages in Superior Court.  Amend RSA 491:8 to read as follows:

491:8  Actions Against State.  The superior court shall have jurisdiction to enter judgment against the state of New Hampshire founded upon any express or implied contract with the state, including specific performance and other equitable remedies that are not limited to money damages.  Any action brought under this section shall be instituted by bill of complaint and shall be tried by the court without a jury.  The jurisdiction conferred upon the superior court by this section includes any set-off, claim or demand whatever on the part of the state against any plaintiff commencing an action under this section.  The attorney general, upon the presentation of a claim founded upon a judgment against the state, shall submit the claim to the department or agency which entered into the contract, and said department or agency shall manifest said claim for payment from the appropriation under which the contract was entered into; provided, that if there is not sufficient balance in said appropriation, the attorney general shall present said claim to the general court for the requisite appropriation.

2 Applicability.  RSA 491:8 as amended by this act shall apply to express or implied contracts with the state that are in effect on or after the effective date of this act.

3  Effective Date.  This act shall take effect upon its passage.

Links

SB755 at GenCourtMobile
SB755 Discussion

Action Dates

Date Body Type
March 5, 2020 Senate Floor Vote
March 5, 2020 Senate Floor Vote
March 10, 2020 Senate Hearing

Bill Text Revisions

SB755 Revision: 8139 Date: Feb. 19, 2020, 9:51 a.m.

Docket

Date Status
Feb. 13, 2020 Introduced 02/13/2020 and Referred to Judiciary; SJ 5
March 5, 2020 Committee Report: Ought to Pass with Amendment # 2020-0731s, 03/05/2020; SC 8
March 5, 2020 Committee Report: Ought to Pass with Amendment # 2020-0786s, 03/05/2020; Vote 5-0; CC; SC 8
March 10, 2020 Hearing: 03/10/2020, Room 100, SH, 09:30 am; SC 10