HOUSE BILL AMENDED BY THE SENATE

Enrolled Bill Amendment

1990 SESSION 3923B

90-2188

HOUSE BILL NO. 1218-FN

INTRODUCED BY: Rep. Warburton of Rockingham Dist. 6; Rep. Hoar of

Rockingham Dist. 6; Sen. Podles of Dist. 16

REFERRED TO: Judiciary

AN ACT relative to defense and indemnification of bail commissioners.

AMENDED ANALYSIS

This bill includes bail commissioners under RSA 99-D:2 for purposes of defense and indemnification by the state.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

EXPLANATION: Matter added appears in bold italics.

Matter removed appears in [brackets].

Matter which is repealed and reenacted or all new appears in regular type.

HOUSE BILL AMENDED BY THE SENATE

3923B

90-2188

HB 1218-FN

STATE OF NEW HAMPSHIRE

In the year of Our Lord one thousand

nine hundred and ninety

AN ACT

relative to defense and indemnification of bail commissioners.

Be it Enacted by the Senate and House of Represen-

tatives in General Court convened:

1 Bail Commissioners; Defense and Indemnification. Amend RSA 99-D:2 to read as follows:

99-D:2 Defense and Indemnification. If any claim is made or any civil action is commenced against a present or former officer, trustee, official or employee of the state or any agency thereof, including members of the New Hampshire national guard and any justice of the district, municipal, probate, superior or supreme court, or the clerks or bail commissioners thereof, or any harbor master appointed by the New Hampshire port authority, officials and employees of the New Hampshire housing finance authority, or directors, officers and employees of the New Hampshire energy authority seeking equitable relief or claiming damages for the negligent or wrongful acts and the officer, trustee, official, or employee requests the

state to provide representation for him, and the attorney general, or, in the case of a claim or civil action commenced against the attorney general, the governor and council, determines that the acts complained of were committed by the officer, trustee, official, or employee while acting within the scope of official duty for the state and that such acts were not wanton or reckless, the attorney general shall represent and defend such person with respect to such claim or throughout such action, or shall retain outside counsel to represent or defend such person, and the state shall defray all costs of such representation or defense, to be paid from funds not otherwise appropriated. In such case the state shall also protect, indemnify, and hold harmless such person from any costs, damages, awards, judgments or settlements arising from the claim or suit. The attorney general or governor and council shall not be required to consider the request of such person that representation be provided for him unless within 7 days of the time such person is served with any summons, complaint, process, notice, demand, or pleading he shall deliver the original or a copy thereof to the attorney general or, in the case of an action against the attorney general, to the governor and council. As a condition to the continued representation by the attorney general and to the obligation of the state to indemnify and hold harmless, such officer, trustee, official, or employee shall cooperate with the attorney general in the defense of such claim or civil action. No property either real or personal of the state of New Hampshire shall be subject to attachment or execution to secure payment of or to satisfy any obligations of the state created under this chapter. Upon the entry of final judgment in any

action brought under this chapter, the governor shall draw his warrant for said payment out of any money in the treasury not otherwise appropriated, and said sums are hereby appropriated. The attorney general shall have the authority to settle any claim brought under this chapter by compromise and the amount of any such settlement shall be paid as if the amount were awarded as a judgment under this chapter. Indemnification by the state under this section shall be for the actual amount of costs, damages, awards, judgments, or settlements personally incurred by any such officer, trustee, official, or employee, and the state shall not pay any amounts for which payment is the obligation of any insurance carrier or company under a policy or policies of insurance or any other third party under a similar obligation.

2 Bail Commissioners; Defense and Indemnification. Amend RSA 99-D:2 to read as follows:

99-D:2 Defense and Indemnification. If any claim is made or any civil action is commenced against a present or former officer, trustee, official or employee of the state or any agency thereof, including members of the New Hampshire national guard and any justice of the district, municipal, probate, superior or supreme court, or the clerks or bail commissioners thereof, or any harbor master appointed by the New Hampshire port authority, or officials and employees of the New Hampshire housing finance authority[, or directors, officers and employees of the New Hampshire energy authority] seeking equitable relief or claiming damages for the negligent or wrongful acts and the officer, trustee, official, or employee requests the state to provide representation for him, and the attorney

general, or, in the case of a claim or civil action commenced against the attorney general, the governor and council, determines that the acts complained of were committed by the officer, trustee, official, or employee while acting within the scope of official duty for the state and that such acts were not wanton or reckless, the attorney general shall represent and defend such person with respect to such claim or throughout such action, or shall retain outside counsel to represent or defend such person, and the state shall defray all costs of such representation or defense, to be paid from funds not otherwise appropriated. In such case the state shall also protect, indemnify, and hold harmless such person from any costs, damages, awards, judgments or settlements arising from the claim or suit. The attorney general or governor and council shall not be required to consider the request of such person that representation be provided for him unless within 7 days of the time such person is served with any summons, complaint, process, notice, demand, or pleading he shall deliver the original or a copy thereof to the attorney general or, in the case of an action against the attorney general, to the governor and council. As a condition to the continued representation by the attorney general and to the obligation of the state to indemnify and hold harmless, such officer, trustee, official, or employee shall cooperate with the attorney general in the defense of such claim or civil action. No property either real or personal of the state of New Hampshire shall be subject to attachment or execution to secure payment of or to satisfy any obligations of the state created under this chapter. Upon the entry of final judgment in any action brought under this chapter, the governor shall draw his warrant for

said payment out of any money in the treasury not otherwise appropriated, and said sums are hereby appropriated. The attorney general shall have the authority to settle any claim brought under this chapter by compromise and the amount of any such settlement shall be paid as if the amount were awarded as a judgment under this chapter. Indemnification by the state under this section shall be for the actual amount of costs, damages, awards, judgments, or settlements personally incurred by any such officer, trustee, official, or employee, and the state shall not pay any amounts for which payment is the obligation of any insurance carrier or company under a policy or policies of insurance or any other third party under a similar obligation.

3 Provision in 1990, 70:2 Not to Take Effect. 1990, 70:2 shall be null and void and of no effect.

4 Effective Date.

I. Section 2 of this act shall take effect January 30, 1991.

II. The remainder of this bill shall take effect upon its passage.

LBAO

LSR 90-2188 **

Amended 2/14/90

FISCAL NOTE for an act relative to defense and indemnification of bail commissioners.

FISCAL IMPACT:

The Administrative Office of the Courts indicates it is unable to determine the impact of this bill, as amended by the House, on state expenditures. There will be no impact on county or local expenditures, nor on state, county or local revenues.

METHODOLOGY:

The Office states that this bill would provide the bail commissioner with a defense and indemnification by the state as promulgated by RSA 99-D. The extent that bail commissioners will be defended or indemnified by the state is unknown.