SB 169 - AS AMENDED BY THE SENATE
04/03/03 1010s
2003 SESSION
06/10
SENATE BILL 169
AN ACT relative to frivolous actions against the state concerning state construction projects.
SPONSORS: Sen. Clegg, Dist 14; Sen. Morse, Dist 22; Rep. Dickinson, Carr 4; Rep. E. Smith, Ches 26; Rep. Letourneau, Rock 77; Rep. Packard, Rock 75
In a suit brought concerning a state construction project, this bill allows the prevailing party to recover costs, attorneys' fees and damages that include any increased construction costs incurred by the state.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
04/03/03 101s
03-1137
06/10
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Three
AN ACT relative to frivolous actions against the state concerning state construction projects.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Purpose. The general court finds that it is in the interests of the state that state construction projects be able to proceed without delay. Legal actions that unnecessarily delay state construction projects increase taxpayer expense and merit limitation.
2 New Section; Frivolous Actions Relative to State Construction Projects. Amend RSA 507 by inserting after section 15 the following new section:
507:15-a Frivolous Actions Relative to State Construction Projects.
I. If, upon the hearing of any action against the state pertaining to a state construction project, which has commenced after the necessary state and federal approvals for construction have been issued, it appears to the court that the action is frivolous or intended to otherwise harass or intimidate the prevailing party, then the court, upon motion of a prevailing party or on its own motion, may order summary judgment or other relief against the party who brought such action, and award the amount of costs and attorneys' fees incurred by the prevailing party. Costs shall include, but not be limited to, increased construction costs incurred by the state.
II. For purposes of this section, "state construction project" shall mean a capital budget project.
3 Effective Date. This act shall take effect January 1, 2004.
LBAO
03-1137
4/15/03
SB 169 FISCAL NOTE
AN ACT relative to frivolous actions against the state concerning state construction projects.
FISCAL IMPACT:
The Department of Transportation indicates this bill, as amended by the Senate (Senate Amendment #2003-1010s), will increase state highway fund revenue by $406,000 in FY 2004, $543,200 in FY 2005 and by an indeterminable amount in each year thereafter. There will be no fiscal impact on state, county and local expenditures or county and local revenues.
METHODOLOGY:
The Department (DOT) assumes that for projects that have gone through a lengthy and rigorous approval and public participation process that are then subject to court challenges, such court challenges will be deemed frivolous or harassing in nature. In the next biennium, it is probable that three projects will be subject to court challenge: Troy By-Pass, Bedford-Manchester-Londonderry Airport Access Road, and Salem-Manchester I-93 widening. The Department estimates that costs to the state will include Attorney General costs, DOT and consultant engineering, and potential construction delay costs. The DOT estimates for FY 2004 that the Troy project will incur recoverable costs of $25,000 and the Bedford Manchester-Londonderry project will incur recoverable costs $381,000. DOT further estimates that for FY 2005, the Salem-Manchester project will incur recoverable costs of $543,200. The Department did not estimate beyond FY 2005.