Relative to causes of action for individual rights.
Impact
The bill significantly reduces the defenses available to state agencies and their employees in litigation, which could lead to an increase in the number of lawsuits filed against them. It also requires the government to pay attorney fees in cases where it loses or settles, potentially leading to substantial financial liabilities. According to projections from the New Hampshire Municipal Association, municipalities may see a significant uptick in claims against them, leading to increased operational costs and necessitating new training for government employees to navigate the changed liability landscape.
Summary
House Bill 647 establishes a legal cause of action against the state for violations of individual rights. It effectively changes how individuals can seek redress when they believe their rights under state or federal law have been infringed by government employees. The legislation stipulates that the government, rather than individual government employees, will be held liable for such violations, thus allowing individuals to bring claims directly against the relevant government entity. This shifts the legal landscape for citizens seeking justice when they believe they have been harmed by government actions.
Sentiment
The sentiment around HB 647 is mixed, with proponents arguing that it is a necessary step to ensure accountability of government actions and protect individual rights. Critics, however, raise concerns about the financial burden it may impose on state and local governments, arguing that it could lead to a more litigious environment which may hinder the government's ability to effectively manage resources. The balance between protecting individual rights and maintaining efficient governance is a focal point of the debate.
Contention
A notable point of contention stems from the removal of governmental immunities, which historically protected state employees from personal liability for their actions performed in the scope of their duties. Critics argue that this could discourage public service by making government employees personally vulnerable to lawsuits, ultimately affecting their decision-making in critical situations. Additionally, the bill prohibits class actions, which some view as a hindrance to collective citizen efforts to hold the government accountable.
Relative to establishing an uncompensated health care fund to be administered by the department of insurance and assessed by a surcharge on commercial insurers, reinsurers, and trusts overseeing self-insured plans.