CHAPTER 183
HB 719 – FINAL VERSION
05/24/07 1658s
05/24/07 1794s
2007 SESSION
09/01
HOUSE BILL 719
AN ACT relative to the statute of limitations for fire code violations and placing restrictions on an exception for the storage of black gunpowder by historical reenactors and certain nonprofit entities.
SPONSORS: Rep. W. Knowles, Straf 6; Rep. Pantelakos, Rock 16; Rep. Weare, Rock 14; Rep. Welch, Rock 8; Rep. Tholl, Coos 2; Sen. Estabrook, Dist 21
COMMITTEE: Criminal Justice and Public Safety
This bill establishes that the statute of limitations for a fire code violation begins to run only upon the actual discovery of the violation.
This bill also places certain restrictions on an exception for the storage of black gunpowder by historical reenactors and certain nonprofit entities, contingent upon the enactment of HB 117 of the 2007 legislative session.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
05/24/07 1658s
05/24/07 1794s
07-0879
09/01
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Seven
AN ACT relative to the statute of limitations for fire code violations and placing restrictions on an exception for the storage of black gunpowder by historical reenactors and certain nonprofit entities.
Be it Enacted by the Senate and House of Representatives in General Court convened:
183:1 Statute of Limitations; Fire Code Violations. Amend RSA 625:8, III to read as follows:
III. If the period prescribed in paragraph I has expired, a prosecution may nevertheless be commenced:
(a) Within one year after its discovery by an aggrieved party or by a person who has a duty to represent such person and who is himself not a party to the offense for a theft where possession of the property was lawfully obtained and subsequently misappropriated or for any offense, a material element of which is either fraud or a breach of fiduciary duty[; or].
(b) For any offense based upon misconduct in office by a public servant, at any time when the defendant is in public office or within 2 years thereafter[; or].
(c) For any offense under RSA 208, RSA 210, or RSA 215, within 3 years thereafter[; or].
(d) For any offense under RSA 632-A or for an offense under RSA 639:2, where the victim was under 18 years of age when the alleged offense occurred, within 22 years of the victim's eighteenth birthday.
(e) For any offense where destruction or falsification of evidence, witness tampering, or other unlawful conduct delayed discovery of the offense, within one year of the discovery of the offense.
(f) For any offense under RSA 153:24 and RSA 153:5, the state fire code, within one year of its discovery.
183:2 Exception for Black Gunpowder. RSA 158:39, III is repealed and reenacted to read as follows:
III. Nothing contained in this subdivision shall apply to black powder used by an association or nonprofit entity organized to conduct historical reenactments, portrayals, or demonstrations, or to the storage of up to 50 pounds of black powder by such an association or entity, provided that no more than 50 pounds of black powder is contained in a type 4 magazine as defined in 27 C.F.R. 55.203 and 27 C.F.R. 55.210(b) located at least 50 feet from an occupied dwelling in such a way as to be secure from unauthorized persons. The location of such magazine shall be registered with the local fire department and such information shall be for local fire department or local law enforcement use only.
183:3 Contingency. If HB 117 of the 2007 legislative session becomes law, section 2 of this act shall take effect at 12:01 a.m. on the effective date of HB 117. If HB 117 of the 2007 legislative session does not become law, section 2 of this act shall not take effect.
183:4 Effective Date.
I. Section 1 of this act shall take effect January 1, 2008.
II. Section 2 of this act shall take effect as provided in section 3 of this act.
III. The remainder of this act shall take effect upon its passage.
Approved: June 18, 2007
Effective: I. Section 1 shall take effect January 1, 2008.
II. Section 2 shall take effect as provided in section 3.
III. Remainder shall take effect June 18, 2007.