HB 83 - AS AMENDED BY THE HOUSE
7Apr2021... 0369h
2021 SESSION
21-0060
04/05
HOUSE BILL 83
AN ACT prohibiting non-disparagement clauses in settlement agreements involving a governmental unit.
SPONSORS: Rep. Berch, Ches. 1; Rep. Schultz, Merr. 18; Rep. M. Smith, Straf. 6; Rep. Sylvia, Belk. 6; Rep. Meuse, Rock. 29; Rep. McGuire, Merr. 29; Rep. Amanda Bouldin, Hills. 12; Rep. Stevens, Hills. 34; Rep. DiLorenzo, Rock. 17
COMMITTEE: Judiciary
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ANALYSIS
This bill prohibits and renders unenforceable the inclusion of a non-disparagement clause in a settlement agreement involving a governmental unit.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
7Apr2021... 0369h 21-0060
04/05
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty One
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 by or 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.
| Date | Body | Type |
|---|---|---|
| Feb. 23, 2021 | House | Hearing |
| March 2, 2021 | House | Exec Session |
| March 2, 2021 | House | Exec Session |
| House | Floor Vote | |
| April 29, 2021 | Senate | Floor Vote |
| April 14, 2021 | Senate | Hearing |
| April 29, 2021 | Senate | Floor Vote |
| April 14, 2021 | Senate | Hearing |
| April 29, 2021 | Senate | Floor Vote |
April 29, 2021: Inexpedient to Legislate, RC 24Y-0N, MA === BILL KILLED ===; 04/29/2021; SJ 13
April 29, 2021: Inexpedient to Legislate, RC 24Y-0N, MA === BILL KILLED ===; 04/29/2021; SJ 13
April 29, 2021: Committee Report: Inexpedient to Legislate, 04/29/2021; SC 21
April 21, 2021: Committee Report: Inexpedient to Legislate, 04/29/2021; SC 21
April 14, 2021: Remote Hearing: 04/14/2021, 01:00 pm; Links to join the hearing can be found in the Senate Calendar; SC 19
April 29, 2021: Committee Report: Inexpedient to Legislate, 04/29/2021; SC 21
April 7, 2021: Remote Hearing: 04/14/2021, 01:00 pm; Links to join the hearing can be found in the Senate Calendar; SC 19
April 7, 2021: Introduced 04/01/2021 and Referred to Judiciary; SJ 11
April 1, 2021: Introduced 04/01/2021 and Referred to Judiciary; SJ 11
April 7, 2021: Reconsider (Rep. Osborne): MF VV 04/07/2021 HJ 5 P. 50
April 7, 2021: Reconsider (Rep. Osborne): MF VV 04/07/2021 HJ 5 P. 50
April 7, 2021: Ought to Pass with Amendment 2021-0369h: MA VV 04/07/2021 HJ 5 P. 37
April 7, 2021: Ought to Pass with Amendment 2021-0369h: MA VV 04/07/2021 HJ 5 P. 37
April 7, 2021: Amendment # 2021-0369h: AA VV 04/07/2021 HJ 5 P. 37
April 7, 2021: Amendment # 2021-0369h: AA VV 04/07/2021 HJ 5 P. 37
March 9, 2021: Committee Report: Ought to Pass with Amendment # 2021-0369h (Vote 20-1; CC) HC 18 P. 16
: Committee Report: Ought to Pass with Amendment # 2021-0369h (Vote 20-1; CC) HC 18 P. 16
March 2, 2021: Executive Session: 03/02/2021 9:00 a.m. Members of the public may attend using the following links: 1. To join the webinar: https://www.zoom.us/j/95501229688 2. Or Telephone: Dial (for higher quality, dial a number based on your current location): 1-929-205-6099 3. Webinar ID: 955 0122 9688 The following email will be monitored throughout the meeting by someone who can assist with and alert the committee to any technical issues: hcs@leg.state.nh.us or call (603-271-3600).
March 2, 2021: Executive Session: 03/02/2021 09:00 am Members of the public may attend using the following link: To join the webinar: https://www.zoom.us/j/95501229688
Feb. 23, 2021: Public Hearing: 02/23/2021 09:30 am Members of the public may attend using the following link: To join the webinar: https://www.zoom.us/j/91815905671 / Executive session on pending legislation may be held throughout the day (time permitting) from the time the committee is initially convened.
Jan. 4, 2021: Introduced (in recess of) 01/06/2021 and referred to Judiciary HJ 2 P. 34
Jan. 6, 2021: Introduced (in recess of) 01/06/2021 and referred to Judiciary HJ 2 P. 34
Jan. 6, 2020: To Be Introduced 01/06/2020 and referred to Judiciary