HB374 (2017) Detail

Relative to the process for inhabitants of the state to effectuate the protections of Article 14.


HB 374 - AS INTRODUCED

 

 

2017 SESSION

17-0066

08/04

 

HOUSE BILL 374

 

AN ACT relative to the process for inhabitants of the state to effectuate the protections of Article 14.

 

SPONSORS: Rep. Marple, Merr. 24

 

COMMITTEE: Judiciary

 

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ANALYSIS

 

This bill creates a process for inhabitants of the state to effectuate the protections of Article 14.

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

17-0066

08/04

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Seventeen

 

AN ACT relative to the process for inhabitants of the state to effectuate the protections of Article 14.

 

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

 

1  New Section; Article 14 Rights of Inhabitants.  Amend RSA 643 by inserting after section 2 the following new section:

643:3  Article 14 Rights of Inhabitants; Process.  Whenever an inhabitant of the state of New Hampshire's rights are violated, including acts by public servants and agencies of the corporate state, he or she shall have a means of address that does not require a contract with a third party.  Such an aggrieved inhabitant of the state of New Hampshire may effectuate his or her guaranteed protection enumerated in Article 14 of the New Hampshire Bill of Rights by using a commercial affidavit of truth and filing the same with the government entity which has violated his or her rights as well as the secretary of state.  The government entity shall have 30 days to read such affidavit and respond, filing such response with the secretary of state.  If the government entity does not file a response with the secretary of state within the allotted 30 days, the secretary of state shall record the response as "Nihil dicet."  The aggrieved affiant shall deliver the unrebutted affidavit and the secretary of state's notice affirming the silence to the superior court clerk to act in confirmation with Federal Rule of Civil Procedure 55 and he or she shall obtain an order for execution to the sheriff by presenting a copy to the affiant.

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

Links

HB374 at GenCourtMobile

Action Dates

Date Body Type
Jan. 25, 2017 House Hearing
Jan. 26, 2017 House Exec Session
Feb. 9, 2017 House Floor Vote

Bill Text Revisions

HB374 Revision: 395 Date: Jan. 30, 2017, 8:14 a.m.

Docket

Date Status
Jan. 5, 2017 Introduced 01/05/2017 and referred to Judiciary HJ 3 P. 12
Jan. 25, 2017 Public Hearing: 01/25/2017 02:30 PM LOB 208
Jan. 26, 2017 Executive Session: 01/26/2017 12:00 PM LOB 208
Feb. 9, 2017 Committee Report: Inexpedient to Legislate for 02/09/2017 (Vote 18-0; CC) HC 10 P. 4
Feb. 9, 2017 Inexpedient to Legislate: MA VV 02/09/2017 HJ 6 P. 3