SB455: relative to immunity for injuries from the possession or use of a firearm by an employee or official of a political subdivision.

SB 455-FN - AS INTRODUCED

2016 SESSION

16-2770

04/05

SENATE BILL 455-FN

AN ACT relative to immunity for injuries from the possession or use of a firearm by an employee or official of a political subdivision.

SPONSORS: Sen. Boutin, Dist 16; Sen. Bradley, Dist 3; Sen. Daniels, Dist 11; Sen. Little, Dist 8; Sen. Reagan, Dist 17; Sen. Watters, Dist 4; Rep. Porter, Hills. 1; Rep. O'Connor, Rock. 6; Rep. Takesian, Hills. 37

COMMITTEE: Public and Municipal Affairs

ANALYSIS

This bill provides immunity to a political subdivision for personal injury or property damage resulting from the ownership, possession, use, or transportation of a firearm or a knife by an employee or official of a political subdivision.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

16-2770

04/05

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Sixteen

AN ACT relative to immunity for injuries from the possession or use of a firearm by an employee or official of a political subdivision.

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

1 New Paragraph; Firearms, Ammunition, and Knives. Amend RSA 159:26 by inserting after paragraph II the following new paragraph:

III. No political subdivision shall be liable for personal injury or property damage resulting from ownership, possession, use, or transportation of any firearm, firearm components, firearm supplies, or knife by an employee or official of the political subdivision, subject to any other defenses or immunities under the law, except for any employee or official who is required to possess or use the same as a condition of his or her official duties and who is acting in the course of such duties.

2 Applicability. This act shall apply to any injury for which an action to recover damages has not been commenced prior to the effective date of this act.

3 Effective Date. This act shall take effect upon its passage.

LBAO 16-2770

12/16/15

SB 455-FN- FISCAL NOTE

AN ACT relative to immunity for injuries from the possession or use of a firearm by an employee or official of a political subdivision.

FISCAL IMPACT:

The New Hampshire Municipal Association states this bill, as introduced, may decrease local expenditures by an indeterminable amount in FY 2017 and each year thereafter. There will be no fiscal impact to state, county, and local revenue or state and county expenditures.

METHODOLOGY:

The New Hampshire Municipal Association states this bill provides that political subdivisions are not liable for injuries resulting from the ownership, possession, use, or transportation of a firearm or knife by an employee or official of the subdivision. The Association states it is conceivable that this bill could reduce municipal costs for liability insurance. However, it is not clear whether the existing potential liability is a large contributor to liability insurance costs. Consequently, this bill may decrease local expenditures by an indeterminable amount.

The New Hampshire Association of Counties states this bill will not have any fiscal impact on counties.