I climbed the granite steps of the New Hampshire State House and passed through its golden doors into the Hall of Flags. The building was alive — lobbyists, demonstrators, legislators, and a few bewildered tourists all moving with purpose beneath that iconic golden dome. I had come to testify before the Senate Judiciary Committee in opposition to HB 1064, a bill that may sound narrow in scope but carries serious fiscal consequences for county government and the taxpayers who fund it.
The Senate Judiciary Committee room has a way of reminding you that what happens inside it matters. The ceilings soar overhead, chandeliers casting light on senators seated in high-backed leather chairs before a wall of beautifully engraved wood. It’s the kind of room that demands you say something worth saying. So I did.
HB1064 proposes raising the liability cap on claims against county government from $325,000 to $475,000 per claimant — a 46% increase. On its face, that might seem like a technical adjustment. But for county commissioners charged with balancing budgets and protecting taxpayers, it represents an unpredictable and potentially significant cost.
Insurance is already straining county finances. Merrimack County saw its premiums jump more than 20% this year alone — and that was before any change in liability exposure. The NH Association of Counties has noted that the fiscal impact of this bill is, frankly, indeterminable. That word should give every legislator pause. County governments can’t budget responsibly against an open-ended liability. We owe it to our residents to plan with clarity, not absorb shocks.
During questioning, one senator asked what holds counties accountable if not a higher cap. It’s a fair question, and I was glad it was asked. The answer is: quite a lot. Counties are subject to suit. Counties settle claims. Counties pay judgments. Counties are not shielded from accountability — Counties are bound by it. The current cap of $325,000 is itself a significant financial deterrent, and it works in tandem with the most powerful incentive of all: the moral obligation to keep employees and the public safe.
When a county facility hosts the public, when employees show up to serve, their safety is paramount — not because of a liability number on a spreadsheet, but because it’s the right thing to do. That obligation doesn’t need a higher dollar figure to mean something.
I recognized several familiar faces on the committee that morning — colleagues from across the aisle and across years of shared public service. These are thoughtful people who ask hard questions and think carefully about consequences. That’s exactly the kind of deliberation this bill deserves.
And my hope is that, after that deliberation, they’ll reach the same conclusion I have: HB 1064, as written, creates fiscal uncertainty for county governments without a clear corresponding benefit to the public. New Hampshire’s counties are accountable, fiscally responsible, and committed to safety — and they deserve a policy environment that supports that work, not one that makes it harder.
I left the State House that morning feeling good about the conversation we’d had. Democracy at its best looks like that room — different perspectives, genuine questions, and people trying to get it right. I trust they will.
About the author: David M. Lovlien II is a two-term county commissioner for Merrimack County. I am elected by district three, which is Hopkinton, Henniker, Hooksett, Dunbarton, Pembroke, Pittsfield, Epsom, and Allenstown, though commissioners serve the county at large.
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