New Hampshire 2023 Regular Session

New Hampshire House Bill HB647

Introduced
1/12/23  
Refer
1/12/23  
Report DNP
2/16/23  

Caption

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.

Companion Bills

No companion bills found.

Previously Filed As

NH HB601

Relative to causes of action against companies that misstate the impacts of their business on the environment.

NH HB1640

Relative to qualified immunity standards.

NH HB1475

Relative to preventing strategic lawsuits against public participation.

NH HB391

Relative to preventing strategic lawsuits against public participation.

NH HB722

Relative to establishing causes of actions against educational institutions that charge excessive tuition rates.

NH HB1664

Relative to legal remedies for individuals who receive medical detransitioning.

NH SB1327

Firearms: private rights of action.

NH HF2434

A bill for an act creating a cause of action for the violation of individual rights under state or federal law.

NH SB26

Relative to asbestos actions.

NH SB26

Relative to asbestos actions.

Similar Bills

NH HB1492

Relative to decal plates for the New Hampshire Council on the Arts.

NH SB340

Relative to the direct to consumer shipment of alcohol to New Hampshire residents.

NH SB411

Establishing a committee to study emergency mental health services for persons 21 years of age and younger in New Hampshire.

NH HB512

Exempting firearms manufactured in New Hampshire from federal laws and regulations.

NH HB512

Exempting firearms manufactured in New Hampshire from federal laws and regulations.

NH SB317

Relative to establishing a New Hampshire-Ireland trade council.

NH SB129

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.

NH HB659

Establishing the New Hampshire college graduate retention incentive program.