HB 113 - AS AMENDED BY THE HOUSE
16feb99.....0051h
1999 SESSION
HOUSE BILL 113
AN ACT affirming sovereign immunity as it relates to the Claremont ruling.
SPONSORS: Rep. Alger, Graf 9; Rep. Bickford, Straf 1; Sen. Johnson, Dist 3; Sen. Francoeur, Dist 14
This bill reaffirms that sovereign immunity applies to cases arising out of the duty to provide an adequate education.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
16feb99.....0051h
99-0640
03/09
STATE OF NEW HAMPSHIRE
In the Year of Our Lord One Thousand Nine Hundred and Ninety-Nine
AN ACT affirming sovereign immunity as it relates to the Claremont ruling.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Section; Public Officers and Employees; Defense and Indemnification of State Officers and Employees; Claims Arising Out of the Duty to Provide an Adequate Education. Amend RSA 99-D by inserting after section 8 the following new section:
99-D:9 Claims Arising Out of the Duty to Provide an Adequate Education. Without otherwise limiting or defining the sovereign immunity of the state and its agencies, the state hereby reaffirms that the doctrine of sovereign immunity set forth in this chapter is the law of this state and applies to its fullest extent to all claims and civil actions arising under or out of the duty to provide an adequate education, or any statute, rule, or other provision of law defining, providing for, implementing, or funding that duty.
2 Applicability. The provisions of this act shall apply to all claims and civil actions existing on or arising after the effective date of this act.
3 Effective Date. This act shall take effect upon its passage.