HB1607: relative to liability for wrongful acts in an employer/employee relationship.

HB 1607-FN - AS INTRODUCED

2020 SESSION

20-2049

04/08

HOUSE BILL 1607-FN

AN ACT relative to liability for wrongful acts in an employer/employee relationship.

SPONSORS: Rep. Radhakrishnan, Hills. 22; Rep. Pantelakos, Rock. 25; Rep. Rodd, Merr. 6; Rep. Cleaver, Hills. 35; Rep. Welch, Rock. 13; Rep. J. Schmidt, Hills. 28; Rep. Cushing, Rock. 21; Rep. Vail, Hills. 30; Rep. McNally, Straf. 10; Rep. R. Newman, Hills. 29; Sen. Levesque, Dist 12

COMMITTEE: Judiciary

ANALYSIS

This bill provides that an employee shall be immune from civil or criminal liability for any act performed as part of the employee's official scope of duty, whether express or implied, in which the employee unintentionally violates the law.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

20-2049

04/08

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Twenty

AN ACT relative to liability for wrongful acts in an employer/employee relationship.

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

1 New Subdivision; Employee Immunity. Amend RSA 275 by inserting after section 77 the following new subdivision:

Employee Immunity

275:78 Employee Immunity. An employee shall be immune from civil or criminal liability for any act performed at the direction of the employer, whether express or implied, as part of the employee's official scope of duty, in which the employee unintentionally violates the law. An employer shall reimburse the employee for any costs related to legal or administrative proceedings that may arise under this section.

2 Effective Date. This act shall take effect 60 days after its passage.

LBAO

20-2049

12/5/19

HB 1607-FN- FISCAL NOTE

AS INTRODUCED

AN ACT relative to liability for wrongful acts in an employer/employee relationship.

FISCAL IMPACT: [ X ] State [ X ] County [ ] Local [ ] None

Estimated Increase / (Decrease)

STATE:

FY 2020

FY 2021

FY 2022

FY 2023

Appropriation

$0

$0

$0

$0

Revenue

$0

$0

$0

$0

Expenditures

$0

Indeterminable Decrease

Indeterminable Decrease

Indeterminable Decrease

Funding Source:

[ X ] General [ ] Education [ ] Highway [ ] Other

COUNTY:

Revenue

$0

$0

$0

$0

Expenditures

$0

Indeterminable Decrease

Indeterminable Decrease

Indeterminable Decrease

METHODOLOGY:

This bill provides that an employee shall be immune from civil or criminal liability for any act performed as part of the employee's official scope of duty, whether express or implied, in which the employee unintentionally violates the law. This bill affects penalties that may have an impact on the New Hampshire judicial and correctional systems. There is no method to determine how many fewer charges would be brought as a result of the changes contained in this bill to determine the fiscal impact on expenditures. However, the entities impacted have provided the potential costs associated with these penalties below.

Judicial Branch

FY 2021

FY 2022

Violation Level Offense

$52

$54

Class B Misdemeanor

$54

$56

Class A Misdemeanor

$77

$79

Simple Criminal Case

$300

$314

Routine Criminal Felony Case

$484

$498

Appeals

Varies

Varies

It should be noted that average case cost estimates for FY 2021 and FY 2022 are based on data that is more than ten years old and does not reflect changes to the courts over that same period of time or the impact these changes may have on processing the various case types. An unspecified misdemeanor can be either class A or class B, with the presumption being a class B misdemeanor.

Department of Corrections

FY 2019 Average Cost of Incarcerating an Individual

$44,400

$44,400

FY 2019 Annual Marginal Cost of a General Population Inmate

$5,071

$5,071

FY 2019 Average Cost of Supervising an Individual on Parole/Probation

$576

$576

NH Association of Counties

County Prosecution Costs

Indeterminable

Indeterminable

Estimated Average Daily Cost of Incarcerating an Individual

$105 to $120

$105 to $120

The Judicial Council assumes an individual who faces criminal charges for an act performed as part of their official scope of duty would not qualify for appointed counsel. Therefore, eliminating criminal liability for an act performed as part of the employee's official scope of duty would not likely impact indigent defense costs.

Many offenses are prosecuted by local and county prosecutors. When the Department of Justice has investigative and prosecutorial responsibility or is involved in an appeal, the Department would likely absorb the cost within its existing budget. This bill would not impact the budget of the Department of Justice.

It is assumed any fiscal impact of bill will not occur until FY 2021.

AGENCIES CONTACTED:

Judicial Branch, Departments of Corrections and Justice, Judicial Council, and New Hampshire Association of Counties