Greetings; Happy New Year
Regarding HB 514
Rep. Gionet sent a copy of HB 514 for my opinion, for it was similar to my bill. Legislation appears good until section VI and the last section, EXEMPTIONS. The exemptions make HB 514 illegal legislation and an outrage. The bill invites federal, state or local law enforcement onto private property without a warrant. This is insanity. You can’t legislate allowing government agent(s) onto private property without a warrant. Another exemption is to allow real estate boundary surveys onto private property. The major battle by opponents of Northern Pass is not to allow surveyors on contagious private property of the Northern Pass Right a Way. HB 514 is direct slap in the face to opponents of Northern Pass, matter of fact, all property owners of New Hampshire. To legislate allowing person(s) on private property against the wishes of the property owner is a oath of office violation. This is bad legislation, illegal-against our State Constitution, violation of the Bill of Rights within the Constitution for united States of America. Article 19 and the 4th.. Amendment for starters.
Whatever the good intentions of HB 514 is, in reality the consequences are bad, misguided, in violation of the law of the land.
Attach to HB 514 was a statement by Rep Guida Rep. Guida states, there are remedies to landowner to recover legal expenses, to fine individuals who knowingly violate this law. I find no such text in this bill, unless it is some where else in the Chapter. HB514 enclosed for your convenience.
"Hey mister, who gave you that shiner?"
"Nobody gave it to me, son – I fought for it."
The House will vote on HB 514 January 4, 2012
Live in Freedom
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Eleven
AN ACT relative to entry on private land.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Chapter; Entry on Private Property. Amend RSA by inserting after chapter 7-B the following new chapter:
ENTRY ON PRIVATE PROPERTY
7-C:1 Entry on Private Property.
I. Absent a lawfully issued warrant, no person shall enter private property for data-gathering projects, including but not limited to biodiversity studies, endangered species or habitat surveys, sampling, or delineation, whether or not authorized by state or municipal agencies, boards, commissions, or any nongovernmental organization, without first giving written notice to the property owner and obtaining the prior written permission of such property owner.
II. No information gathered without permission shall be recorded, made public, or used for studies or grants.
III. Information gathered with permission may only be used for the purpose stated in the notification.
7-C:2 Notification Requirements. Notice to the landowner shall include:
I. The purpose of the data gathering.
II. The date and duration of the data gathering.
III. The land or environmental features that are being evaluated.
IV. The manner in which information or samples will be recorded and retained.
V. The method by which information or samples collected will be shared with government agencies, third parties, or the general public.
VI. A full disclosure of the potential restrictions that may be placed on such property, and on abutters, as a consequence of such information being recorded.
7-C:3 Exemption. The requirements of this chapter shall not apply to federal, state, or local law enforcement, the fish and game department, emergency services, real estate boundary surveys, emergency response to a public health threat, or animal control.
2 Effective Date. This act shall take effect 60 days after its passage.
Greetings; Happy New Year