CHAPTER 256
HB 1334 – FINAL VERSION
17Feb2010… 0433h
05/05/10 1740s
02Jun2010… 2166eba
2010 SESSION
08/05
HOUSE BILL 1334
AN ACT relative to penalties for unpaid fines concerning hazardous materials accidents.
SPONSORS: Rep. DeJoie, Merr 11
COMMITTEE: Criminal Justice and Public Safety
This bill establishes a penalty for unpaid fines concerning hazardous materials accidents.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
17Feb2010… 0433h
05/05/10 1740s
02Jun2010… 2166eba
10-2083
08/05
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Ten
AN ACT relative to penalties for unpaid fines concerning hazardous materials accidents.
Be it Enacted by the Senate and House of Representatives in General Court convened:
256:1 New Subparagraph; Penalty for Non-Payment; Hazardous Materials Accidents. Amend RSA 154:8-a, II-a by inserting after subparagraph (g) the following new subparagraph:
(h) A one-time penalty of $1,000 plus interest assessed at the rate of interest established in RSA 336:1, may be assessed for nonpayment.
256:2 Liability Concerning Hazardous Materials Accidents. Amend RSA 154:8-a, II-a(b) to read as follows:
(b) Any person whose act or omission caused the actual or threatened discharge of hazardous materials or toxic wastes which resulted in the reasonable and proportionate response of police, fire, emergency preparedness, or emergency response equipment shall be responsible for payment of the personnel costs of police, fire, public safety, and municipal personnel, including mutual aid standby personnel, directly involved in the emergency response[, except that costs for on-duty paid personnel who have responded to the emergency involving the discharge of hazardous materials during their assigned duty shift shall not be costs eligible for reimbursement] and any reasonable court costs and legal fees incurred by the municipality, organization, or mutual aid district in collecting costs or defending an unsuccessful appeal of such costs.
256:3 Liability Concerning Hazardous Material Accidents. Amend RSA 154:8-a, II-a(f) to read as follows:
(f) If no appeal is filed within 30 days after receipt of the bill, the person responsible for the [equipment contamination] hazardous materials response shall be deemed to have waived all rights to appeal and shall be liable to the municipality, organization, or mutual aid district for the total amount billed, subject to the additional penalty and interest set forth under subparagraph (h) in the case of nonpayment.
256:4 Effective Date. This act shall take effect 60 days after its passage.
Approved: July 6, 2010
Effective Date: September 4, 2010