HB 1378-FN - AS INTRODUCED
2024 SESSION
24-2457
02/05
HOUSE BILL 1378-FN
AN ACT relative to private rights of action by school or library employees.
SPONSORS: Rep. Germana, Ches. 1; Rep. Brennan, Merr. 9; Rep. Harriott-Gathright, Hills. 10; Rep. Meuse, Rock. 37; Sen. Fenton, Dist 10; Sen. Perkins Kwoka, Dist 21
COMMITTEE: Judiciary
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ANALYSIS
This bill creates a private right of action for school or library employees disciplined or terminated for refusing to censor library materials.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
24-2457
02/05
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Four
AN ACT relative to private rights of action by school or library employees.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Section; Right to Read; Private Right of Action. Amend RSA 202-A by inserting after section 25 the following new section:
202-A:26 Right to Read; Private Right of Action.
I. In this section:
(a) "Library" means classroom, school, academic, public, or special library.
(b) "Government body" means any government decision-making body, such as a school or library board, that exercises authority over the purchasing, selection, curation, and location of educational materials at the village, county, city, town, municipality, district, special district, and other such local political subdivision levels.
(c) “Government actor” means a member of a government body with voting authority.
(d) "Library materials" means books, textbooks, lesson plans, workbooks, videos, databases, newspapers, magazines and other such periodicals, charts, graphs, movies, games, maps, interactive applications and software, and other such enrichment or entertainment materials in any printed or electronic format, inclusive of fiction and non-fiction.
(e) “Censor” means block or suppress on the basis of disagreement with ideas or concepts. It includes, but is not limited to, objections to depictions of race, gender, sexuality, religious, or political views.
II. Right to read.
(a) Students and library patrons of all ages have a corresponding right to encounter ideas without government interference.
(b) Librarians have significant discretion to determine the content of their collections to ensure that they meet pedagogical, informational, and other enrichment needs of their communities as long as these determinations are not made in a narrowly partisan or political manner and do not violate state or federal anti-discrimination law.
III.(a) A claim of censorship is established under this section when a government body imposes discipline on or terminates a school or library employee for refusing to censor library materials.
(b) A librarian who has been subjected to discipline or termination for refusing to censor library materials may bring an action in any court of competent jurisdiction for any damages, including for declaratory and injunctive relief and such other remedies as may be appropriate.
(c) In any action or proceeding to enforce this section, the court shall grant a prevailing plaintiff reasonable attorney's fees and costs, including expert fees.
(d) A government actor, or member thereof, acting under direct orders from a state or federal government authority shall not be liable for censorship.
(e)(1) If a plaintiff prevails in a claim of censorship, a government body may not look to an insurer for coverage of legal expenses, including attorney's fees, settlement payments, damages, and other costs.
(2) If a plaintiff prevails in a claim of censorship, government actors may only look to reimbursement from a government body or the insurer of a government body to cover legal expenses if they did not vote for, or otherwise act in furtherance of, said censorship.
(f) Any action or proceeding to enforce this section shall be commenced no later than one year after the date on which the violation of this section is committed.
2 Effective Date. This act shall take effect January 1, 2025.
24-2457
11/1/23
HB 1378-FN- FISCAL NOTE
AS INTRODUCED
AN ACT relative to private rights of action by school or library employees.
FISCAL IMPACT: [ X ] State [ ] County [ ] Local [ ] None
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Estimated State Impact - Increase / (Decrease) | ||||||
| FY 2024 | FY 2025 | FY 2026 | FY 2027 | ||
Revenue | $0 | Indeterminable Increase - Likely Less Than $10,000 Per Year | ||||
Revenue Fund(s) | General Fund | |||||
Expenditures | $0 | Indeterminable Increase - Likely Less Than $100,000 Per Year | ||||
Funding Source(s) | General Fund | |||||
Appropriations | $0 | $0 | $0 | $0 | ||
Funding Source(s) | None | |||||
• Does this bill provide sufficient funding to cover estimated expenditures? [X] No • Does this bill authorize new positions to implement this bill? [X] N/A | ||||||
METHODOLOGY:
This bill creates a private right of action for school or library employees disciplined or terminated for refusing to censor certain library materials. The Judicial Branch states it is not possible to estimate how this change in law would impact the number of filings in the courts and since the bill would establish a new cause of action, it is expected that civil litigation would increase. Common costs for civil cases include the following:
NH Judicial Branch Average Civil Case Estimates
Case Type | FY 2024 | FY 2025 |
Superior Court Complex Civil Case | $1,320.96 | $1,347.38 |
Superior Court Routine Civil Case | $493.64 | $503.51 |
Common Civil Case Fees (Superior Court)
Fee Type | As of 2/12/2020 |
Original Entry Fee | $280 |
Third-Party Claim | $280 |
Motion to Reopen | $160 |
Ultimately, this bill’s impact on Judicial Branch revenue and expenditures, beginning in FY 2025, is indeterminable.
AGENCIES CONTACTED:
Judicial Branch
Dec. 6, 2023: To Be Introduced 01/03/2024 and referred to Judiciary HJ 1