SB 409 — relative to the penalties for the offense of disobeying an officer and relative to liability of governmental units.

IV.

“Student” means "student" as defined by RSA 188-J:1, VII.

V.

“Student organization” means "student organization" as defined by RSA 188-J:1, VIII.

188-K:3 Due Process Rights Established.

I.

In all disciplinary proceedings, as defined by RSA 188-K:2, I, against a student, student organization, or faculty member, the student, student organization, or faculty member shall be entitled to a hearing under published procedures that include, at a minimum, all of the following:

(a) The right to receive written notice at least 7 days prior to the hearing of the allegations upon which the proceeding is based, and the specific provisions of law, rule, regulation, or code of conduct that allegedly were violated.

(b) The right to receive at least 5 days before the hearing a listing of all known witnesses who have provided or will provide evidence or information against the student, student organization, or faculty member, as well as copies of all written documents, statements of witnesses, photographs, electronic data, tangible evidence, and all other relevant inculpatory or exculpatory information.

Recipients shall take reasonable steps to prevent the parties from disclosing to third parties information and evidence obtained through the grievance process.

SB 409-FN - AS AMENDED BY THE HOUSE - Page 3 - (c) The right to the presumption that no violation occurred.

This presumption may be overcome only if the public institution of higher education establishes by a preponderance of the evidence that the violation alleged was committed by the student, student organization, or faculty member charged.

(d) The right against self-incrimination.

(e) The right to confront and cross-examine witnesses who provide evidence against the student, student organization, or faculty member;

provided, however, that if a person who claims to be a victim of the conduct giving rise to the disciplinary action objects to being cross-examined by the person accused of the violation, the hearing officer or panel shall require that the cross-examination be conducted by another person selected by the accused and approved by the hearing officer or panel.

The person accused shall have the right to be present when his or her accuser is cross-examined.

(f) The right to present a defense and call witnesses in support of the defense.

(g) The right to an impartial hearing officer or panel.

(h) The right to have the assistance of an advisor, advocate, or legal representative, at the student's, student organization's, or faculty member’s own expense, who shall be allowed to be present at and directly participate in all aspects of the proceeding.

Such advisor, advocate, or legal representative shall not serve in any other role in connection with the proceeding, including as investigator, witness, decider of fact, hearings officer, panel member, decider of an appeal, or advisor to any of the foregoing.

(i) The right to have a verbatim record of the hearing made and preserved for use in the event there is an appeal.

(j) The right to appeal a final adverse decision to the vice president of student affairs or equivalent official or body specifically designated by the institution to hear such appeals.

The person or persons comprising the appeal tribunal shall not have directly participated in any other aspect of the proceeding in question.

II.

The procedural rights, including the hearing, specified in paragraph I shall be afforded to a student, student organization, or faculty member prior to the imposition of any discipline, provided however that, in cases where the public institution of higher education can show a substantial likelihood of an immediate threat to the physical health or safety of any student or other individual before a hearing can be held, the institution may immediately take such actions as are necessary to prevent or ameliorate the threat and shall thereupon hold the hearing as soon as reasonably practicable after it has taken such actions.

III.

A student, student organization, or faculty member may waive any or all of the rights specified in paragraph I, provided that such waiver is made knowingly, intelligently, and voluntarily.

188-K:4 Rules and Regulations of Public Institutions of Higher Education.

Any New Hampshire public institution of higher education may adopt rules, regulations, policies, or procedures that afford students, student organizations, or faculty members more due process protections than those SB 409-FN - AS AMENDED BY THE HOUSE - Page 4 - provided in this chapter, but no such institution shall adopt or utilize any rules, regulations, policies, or procedures that afford students, student organizations, or faculty members facing a disciplinary proceeding less protections than those afforded them herein.

188-K:5 Applicability of Chapter to Existing Collective Bargaining Agreements.

If the rights afforded to faculty members under this chapter conflict with grievance or disciplinary procedures established under a valid collective bargaining agreement between a public institution of higher education and a union representing faculty members of such institution that is in effect when this chapter becomes effective, the grievance or disciplinary procedures provided for in the collective bargaining agreement rather than those provided by this chapter shall apply to any disciplinary proceedings brought against faculty members covered by the collective bargaining agreement while the agreement remains in effect.

After the expiration of said collective bargaining agreement, the provisions of this chapter shall apply to any new disciplinary proceedings commenced against faculty members represented by the union.

From and after the effective date of this chapter, no public institution of higher education and no union representing faculty members of such institution shall enter into any new collective bargaining agreement, nor extend the expiration date of an existing collective bargaining agreement, which contains grievance or disciplinary procedures less protective of faculty members’ due process rights than those established by this chapter.

3 Bodily Injury Actions Against Governmental Units;

Liability for Negligence.

RSA 507-B:2 is repealed and reenacted to read as follows:

507-B:2 Liability for Negligence.

I.

A governmental unit may be held liable for damages for:

(a) Bodily injury, personal injury, death, or property damages caused by the failure of the governmental unit or its officials or employees acting within the scope of their authority to follow the appropriate standard of care when that duty was owed to the person making the claim, including any right of action for money damages which either expressly or by implication arises from any law, unless another remedy for such claim is expressly provided by law;

or (b) Property damages suffered by a governmental unit employee or official during the performance of that employee's or official's duties while on the governmental unit’s business where compensation is appropriate under principles of equity and good conscience;

(c) Provided, however, that the liability of any governmental unit with respect to its sidewalks, streets, and highways shall be limited as provided in RSA 231 and the liability of any governmental unit with respect to publicly owned airport runways and taxiways shall be limited as set forth in RSA 422.

II.

The provisions of this chapter shall not apply to:

(a) Any claim based upon an act or omission of an employee or official of a governmental unit when such employee or official is exercising due care in the execution of any statute or any regulation of a public employer, or any municipal ordinance.

SB 409-FN - AS AMENDED BY THE HOUSE - Page 5 - (b) Any claim based upon the exercise or performance or the failure to exercise or perform a discretionary executive or planning function or duty on the part of an employee or official of a governmental unit acting within the scope of his office or employment.

4 Bodily Injury Actions Against Governmental Units;

Limit of Liability.

Amend RSA 507-B:4, I to read as follows:

I.

Liability of a governmental unit for bodily injury, personal injury or property damage sustained by any one person in actions brought under this chapter is limited to [$325,000] $475,000 per claimant and $1,425,000 per any single incident, or the proceeds from any insurance policy, whichever amount is greater.

Such limit applies in the aggregate to any and all actions to recover for bodily injury, personal injury or property damage sustained by one person in a single incident or occurrence.

[Liability of a governmental unit for bodily injury, personal injury, or property damage sustained by any number of persons in a single incident or occurrence is limited to $1,000,000.] The limits applicable to any action shall be the limits in effect at the time of the judgment or settlement.

5 Bodily Injury Actions Against Governmental Units;

Insurance Policies Procured by Governmental Agency.

Amend RSA 507-B:7-a to read as follows:

507-B:7-a Insurance Policies Procured by Governmental Agency.

It shall be lawful for the state or any municipal subdivision thereof, including any county, city, town, school district, school administrative unit or other district, to procure the policies of insurance described in RSA 412 or participate in pooled risk management, or self-insurance, pursuant to RSA 5-B.

In any action against the state or any municipal subdivision thereof to enforce liability on account of a risk so insured against, the insuring company or state or municipal subdivision thereof shall not be allowed to plead as a defense immunity from liability for damages resulting from the performance of governmental functions, and its liability shall be determined as in the case of a private corporation except when a standard of care differing from that of a private corporation is set forth by statute or common law;

provided, however, that liability in any such case shall not exceed the limits of coverage specified in the policy of insurance or as to governmental units defined in RSA 507-B, liability shall not exceed the policy or pooled risk limit or the limit specified in RSA 507-B:4, if applicable, whichever is higher, or for self-insurance, the limit specified in RSA 507-B:4, and the court shall abate any verdict in any such action to the extent that it exceeds such limit.

6 Political Subdivision Employees;

Indemnification for Damages.

Amend RSA 31:105 to read as follows:

31:105 Indemnification for Damages.

A city, town, county, village district or precinct, school district, chartered public school, school administrative unit, or any other municipal corporation or political subdivision [may by a vote of the governing body] shall indemnify and save harmless for loss or damage [occurring after said vote] any person employed by it and any member or officer of its governing board, administrative staff or agencies including but not limited to selectmen, school SB 409-FN - AS AMENDED BY THE HOUSE - Page 6 - board members, chartered public school trustees, city councilors and aldermen, town and city managers, regional planning commissioners, town and city health officers, overseers of public welfare, and superintendents of schools from personal financial loss and expense including reasonable legal fees and costs, if any, arising out of any claim, demand, suit, or judgment by reason of negligence or other act resulting in accidental injury to a person or accidental damage to or destruction of property if the indemnified person at the time of the accident resulting in the injury, damage, or destruction was acting in the scope of employment or office and such acts were not wanton or reckless.

7 Effective Date.

I.

Section 1 of this act shall take effect January 1, 2027.

II.

Section 2 of this act shall take effect July 1, 2026.

III.

Sections 3 through 6 of this act shall take effect January 1, 2027.