New Hampshire SB 139: creating a private right of action in civil rights cases.

Bill Text

SB 139 -FN - AS INTRODUCED

2025 SESSION

 25-0974

 11/02

SENATE BILL 139

AN ACT creating a private right of action in civil rights cases.

SPONSORS: Sen. Fenton, Dist 10; Sen. Altschiller, Dist 24; Rep. Berch, Ches. 6; Rep. Wheeler, Hills. 33

COMMITTEE: Judiciary

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ANALYSIS

 This bill creates a private right of action in civil rights cases.

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 Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

 25-0974

 11/02

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Twenty Five

AN ACT creating a private right of action in civil rights cases.

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

 1 New Section; Civil Rights; Private Action Created. Amend RSA 354-B by inserting after section 354-B:2 the following new section:

 354-B:2-a Private Actions.

 I. Any person who has been subjected to, or the target of, the unlawful interference with, or the attempt to interfere with, the rights secured by this chapter, may bring a private action in accord with this chapter.

 II. Upon commencement of any action brought under this section, the clerk of court shall mail a copy of the complaint or other initial pleadings to the attorney general and, upon entry of any judgment or decree in the action, shall mail a copy of such judgment or decree to the attorney general.

 2 Effective Date. This act shall take effect January 1, 2026.

 LBA

 25-0974

 Revised 2/3/25

SB 139-FN FISCAL NOTE

AS INTRODUCED

AN ACT creating a private right of action in civil rights cases.

FISCAL IMPACT: 

 Estimated State Impact

FY 2025

FY 2026

FY 2027

FY 2028

 Revenue

$0

$0 

$0 

$0 

 Revenue Fund

None

 Expenditures*

$0

Indeterminable Increase in excess of $222,000

Indeterminable Increase in excess of $224,000

Indeterminable Increase in excess of $227,000

 Funding Source

General Fund

 Appropriations*

$0 

$0 

$0 

$0 

 Funding Source

None

 *Expenditure = Cost of bill *Appropriation = Authorized funding to cover cost of bill

 Estimated Political Subdivision Impact

FY 2025

FY 2026

FY 2027

FY 2028

 County Revenue

$0 

$0 

$0 

$0 

 County Expenditures

Indeterminable

 Local Revenue

$0 

$0 

$0 

$0 

 Local Expenditures

Indeterminable

METHODOLOGY:

This bill establishes a private right of action under the New Hampshire Civil Rights Act (RSA 354-B) enabling members of the public to file their own actions. These actions would require filing a notice with the Attorney General. Currently, only the Attorney General has the authority to file such an action. 

The Department of Justice (DOJ) anticipates an increase in complaints received by the Attorney General's Office given that individuals would have the right to file action. These actions would be processed by the Civil Rights Unit. With the estimated increase in filing, the DOJ anticipates it may require dedication of additional resources to review private litigation. Additionally, the DOJ anticipates an increase in restraining orders which comes with increased obligations to monitor compliance with those orders. This has potential to increase violations to restraining orders. The DOJ anticipates it may require dedication of additional resources to enforce the restraining orders or to file criminal action. The DOJ states the overall estimated expenditures increase is indeterminable. For a detailed estimated cost breakdown of the additional positions required, refer to the table below.

 ESTIMATED FISCAL IMPACT (ROUNDED) FOR ADDTIONAL STAFF

FY 2026

FY 2027

FY 2028

 Assistant Attorney General (1 position)

$132,000 

$133,000 

$133,000 

 Investigator Paralegal (1 position)

$90,000 

$91,000 

$94,000 

 Total Estimated Cost

$222,000 

$224,000 

$227,000 

The Judicial Branch does not estimate that this bill would result in more than $10,000 of additional costs associated with increased litigation. 

This bill adds, deletes, or modifies a criminal penalty, or changes statute to which there is a penalty for violation. Therefore, this bill may have an impact on the judicial and correctional systems, which could affect prosecution, incarceration, probation, and parole costs, for the state, as well as county and local governments. A summary of such costs can be found at: https://gencourt.state.nh.us/lba/Budget/Fiscal_Notes/JudicialCorrectionalCosts.pdf

This could possibly result in an increase in civil cases in the Superior Court, however, there is no way to predict how many such actions would occur so any such increase is indeterminable. The Judicial Branch has provided average cost information for civil cases in the