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Committee reviews bill to repeal "legally liable relative" requirement in local welfare law
Summary
House Bill 132 would remove an antiquated statutory provision that allows towns to seek reimbursement and, in some cases, compel support from close relatives of a person seeking municipal welfare. Advocates for keeping the law argued towns sometimes rely on the provisions leverage to secure family assistance in emergency housing or burial cases;
The committee heard House Bill 132, which would repeal a portion of New Hampshires poor-relief/local-welfare statutes that identifies "legally liable relatives" (for example, a parent, adult child, spouse or step-relative) and authorizes municipalities to seek reimbursement from them or to compel attendance at court to establish liability.
Sponsor Representative Lehi said he introduced the bill after a Piermont resident described a case in which a select board sought help from a close relative under the statute; the sponsor said the provision is "antiquated" (the law dates to early 20th-century statutes and was last substantially revised in the 1980s) and can impose an unreasonable obligation on relatives who are estranged or lack the means to help.
Opponents, including the New Hampshire Local Welfare Administrators Association (represented by Todd Marsh) and the New Hampshire Municipal Association (Sarah Bert Cohen), told the panel the statute is used infrequently but remains an important tool for municipalities. Marsh, president of the local-welfare administrators association, said the provision is sometimes relied on for urgent needs such as emergency shelter, extended rental assistance or burial expenses: municipal welfare officers may contact close relatives and the prospect of reimbursement often prompts family members to assist voluntarily. Marsh and NHMA argued repeal would remove a non-coercive leverage point and could increase municipal costs for emergency aid.
New Hampshire Legal Assistances Steve Tower said his 2021 survey of towns found no widespread use of court enforcement under the statute over a 10-year window; he said municipalities more often use the statutes existence in an outreach role, not to pursue incarceration or court-ordered repayment. Municipal witnesses agreed the practice is situational: many towns make case-by-case decisions and do not initiate court enforcement, in part because pursuing contempt or other civil enforcement is resource-intensive and politically fraught.
The committee did not take action. Sponsors and municipal associations agreed to continue a conversation about whether modernization, clearer guidance, or statutory amendments could preserve municipal flexibility while avoiding punitive outcomes for estranged relatives or those without ability to pay.
