New Hampshire HB 1064: relative to liability of governmental units.

Bill Text

HB 1064-FN - AS INTRODUCED

2026 SESSION

 26-2298

 09/08

HOUSE BILL 1064-FN

AN ACT relative to liability of governmental units. 

SPONSORS: Rep. Kuttab, Rock. 17; Rep. Lynn, Rock. 17; Rep. Berch, Ches. 6; Rep. Gregg, Hills. 7; Rep. Drago, Rock. 4; Rep. Litchfield, Rock. 32; Sen. Birdsell, Dist 19

COMMITTEE: Judiciary

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ANALYSIS

This bill:

 I. Modifies the standards and amounts for which a governmental unit may be held liable for negligence resulting in personal injury or property damage.

 II. Requires political subdivisions to indemnify employees absent wanton on reckless conduct for negligent conduct resulting in personal injury or property damage, if the action was within the scope of the employment.

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 Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

 26-2298

 09/08

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Twenty-Six

AN ACT relative to liability of governmental units. 

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

 1 Bodily Injury Actions Against Governmental Units; Liability for Negligence RSA 507-B:2 is repealed and reenacted to read as follows: 

 507-B:2 Liability for Negligence.

 I. A governmental unit may be held liable for damages for: 

 (a) Bodily injury, personal injury, death, or property damages caused by the failure of the governmental unit or its officials or employees acting within the scope of their authority to follow the appropriate standard of care when that duty was owed to the person making the claim, including any right of action for money damages which either expressly or by implication arises from any law, unless another remedy for such claim is expressly provided by law; or

 (b) Property damages suffered by a governmental unit employee or official during the performance of that employee's or official's duties while on the governmental unit’s business where compensation is appropriate under principles of equity and good conscience;

 (c) Provided, however, that the liability of any governmental unit with respect to its sidewalks, streets, and highways shall be limited as provided in RSA 231 and the liability of any governmental unit with respect to publicly owned airport runways and taxiways shall be limited as set forth in RSA 422.

 II. The provisions of this chapter shall not apply to: 

 (a) Any claim based upon an act or omission of an employee or official of a governmental unit when such employee or official is exercising due care in the execution of any statute or any regulation of a public employer, or any municipal ordinance.

 (b) Any claim based upon the exercise or performance or the failure to exercise or perform a discretionary executive or planning function or duty on the part of an employee or official of a governmental unit acting within the scope of his office or employment.

 2 Bodily Injury Actions Against Governmental Units; Limit of Liability. Amend RSA 507-B:4, I to read as follows: 

 I. Liability of a governmental unit for bodily injury, personal injury or property damage sustained by any one person in actions brought under this chapter is limited to [$325,000] $475,000 per claimant and $1,425,000 per any single incident, or the proceeds from any insurance policy, whichever amount is greater. Such limit applies in the aggregate to any and all actions to recover for bodily injury, personal injury or property damage sustained by one person in a single incident or occurrence. [Liability of a governmental unit for bodily injury, personal injury, or property damage sustained by any number of persons in a single incident or occurrence is limited to $1,000,000.] The limits applicable to any action shall be the limits in effect at the time of the judgment or settlement.

 3 Bodily Injury Actions Against Governmental Units; Insurance Policies Procured by Governmental Agency. Amend RSA 507-B:7-a to read as follows: 

 507-B:7-a Insurance Policies Procured by Governmental Agency. It shall be lawful for the state or any municipal subdivision thereof, including any county, city, town, school district, school administrative unit or other district, to procure the policies of insurance described in RSA 412 or participate in pooled risk management, or self-insurance, pursuant to RSA 5-B. In any action against the state or any municipal subdivision thereof to enforce liability on account of a risk so insured against, the insuring company or state or municipal subdivision thereof shall not be allowed to plead as a defense immunity from liability for damages resulting from the performance of governmental