HB574 (2011) Detail

Relative to the taking of private property during a state of emergency.


HB 574 – AS INTRODUCED

2011 SESSION

11-0400

05/03

HOUSE BILL 574

AN ACT relative to the taking of private property during a state of emergency.

SPONSORS: Rep. Notter, Hills 19; Rep. Summers, Hills 26; Rep. M. Lindsley, Merr 5; Rep. Panek, Straf 3; Rep. Weeden, Straf 6; Sen. Carson, Dist 14

COMMITTEE: Judiciary

ANALYSIS

This bill repeals the law relative to the procedure for compensation and use of private property taken during a declared state of emergency.

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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

11-0400

05/03

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Eleven

AN ACT relative to the taking of private property during a state of emergency.

Be it Enacted by the Senate and House of Representatives in General Court convened:

1 Repeal. The following are repealed:

I. RSA 4:46, relative to compensation for and use of private property during a state of emergency.

II. RSA 21-P:54, IV, relative to private property taken in connection with the safe disposal of corpses during a state of emergency.

2 Communicable Diseases; Reference Change. Amend RSA 141-C:16-a, I to read as follows:

I. The commissioner, with the written approval of the governor, may close, direct, and compel the evacuation and decontamination of any building located within the state that is accessible to the public, such as businesses, primary and secondary schools, and universities, regardless of whether publicly or privately owned, when there is reasonable cause to believe the building may present an imminent danger to the public health. The commissioner may also cause any material located within or on the grounds of a building to be decontaminated or destroyed when there is reasonable cause to believe that the material may present imminent danger to the public health. Destruction of any material under this chapter shall be considered a taking of private property [and shall be subject to the compensation provisions of RSA 4:46].

3 Communicable Diseases; Reference Change. Amend RSA 141-C:17-c to read as follows:

141-C:17-c Compensation and Expenditures. Items taken by the commissioner pursuant to the provisions of this chapter shall be subject to [the] compensation [provisions of RSA 4:46], but in no event shall the owner thereof be entitled to more than the Medicaid rate for the item that was in effect at the time of the taking. Notwithstanding the provisions of RSA 9:19-9:21, the commissioner may make such expenditures as necessary to carry out the provisions of this chapter; provided, that expenditures are made from funds appropriated to the department that the commissioner determines to be available for this purpose and information regarding the expenditures is promptly submitted to the fiscal committee of the general court and the governor and council.

4 Emergency Proclamation; Governor’s Powers; Reference Change. Amend RSA 146-A:12, IV to read as follows:

IV. The provisions of RSA 4:45[, RSA 4:46,] and RSA 21-P:34 through RSA 21-P:48 as they shall apply to the taking of private property, [compensation and use,] mutual aid, immunity, aid in emergency, enforcement, and compensation shall apply to disasters or catastrophes proclaimed by the governor under this chapter.

5 Effective Date. This act shall take effect 60 days after its passage.