Bill Text - HB574 (2012)

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


Revision: May 3, 2012, midnight

HB 574 – AS AMENDED BY THE SENATE

05/02/12 1861s

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

AMENDED ANALYSIS

This bill prohibits the state from taking personal property owned or used by individuals or families during a declared state of emergency. The bill also limits the provisions taken by the state in an emergency to those in excess of the reasonable needs of the owner and the owner’s household during the expected duration of the 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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

05/02/12 1861s

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 Taking of Private Property; Compensation and Use. Amend RSA 4:46, I(c)(3) to read as follows:

(3) Any cattle, poultry, provisions for man or beast, clothing, bedding, medicines, and medical supplies in excess of the reasonable [and immediate] needs of the owner and the owner’s household, during the expected duration of the emergency.

2 New Paragraph; Taking of Private Property; Property Owned or Used by Individuals or Families Excluded. Amend RSA 4:46 by inserting after subparagraph I-a the following new subparagraph:

I-b. This section shall not apply to personal property owned by or intended for use by individuals or families.

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