CHAPTER 230
HB 1520 – FINAL VERSION
27Jan2010… 0186h
24Mar2010… 09461h
19May2010… 2094eba
2010 SESSION
06/10
HOUSE BILL 1520
AN ACT relative to the rulemaking authority of and administrative fine authority for the department of resources and economic development.
SPONSORS: Rep. Stiles, Rock 15; Rep. Renzullo, Hills 27; Rep. Borden, Rock 18; Rep. J. Day, Rock 13; Rep. Nevins, Rock 15
COMMITTEE: Resources, Recreation and Development
This bill authorizes additional rulemaking by the department of resources and economic development and allows the department to assess administrative fines for a period of 3 years.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
27Jan2010… 0186h
24Mar2010… 0946h
19May2010… 2094eba
10-2463
06/10
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Ten
AN ACT relative to the rulemaking authority of and administrative fine authority for the department of resources and economic development.
Be it Enacted by the Senate and House of Representatives in General Court convened:
230:1 Department of Resources and Economic Development; Police Powers. Amend RSA 12-A:1-d to read as follows:
12-A:1-d Police Powers.
I. The commissioner of the department of resources and economic development, the director of the division of parks and recreation, and the director of the division of forests and lands shall have authority as peace officers as provided in RSA 594 and may confer said authority upon certain individuals within the department of resources and economic development, the division of parks and recreation, and the division of forests and lands. Said police powers shall be limited to the enforcement of state laws and rules of the department of resources and economic development on lands or property owned by, leased to, or otherwise under the control of the department of resources and economic development. Nothing herein shall limit the police powers of employees of the department of resources and economic development as provided for in RSA 227-G:7, RSA 215-C:32, and RSA 215-A:16 and 17.
II. By written agreement executed by the commissioner of the department of resources and economic development, any authorized municipal official may utilize the summons procedures under RSA 31:39-d to cite individuals for violations of state park administrative rules or forests and lands administrative rules, or both. Authorized municipalities acting under this paragraph shall retain 50 percent of any fine collected in accordance with the schedule of administrative fines of the department of resources and economic development.
230:2 Rulemaking. Amend the section heading of RSA 12-A:2-c to read as follows:
12-A:2-c Rulemaking; Administrative Fines.
230:3 New Subparagraph; Rulemaking. Amend RSA 12-A:2-c, II by inserting after subparagraph (e) the following new subparagraph:
(f) Imposition of administrative fines under paragraph IV.
230:4 Rulemaking. Amend RSA 12-A:2-c, III to read as follows:
III. If so specified in any rule, persons violating that rule may be evicted from the property and shall be guilty of either a violation or a misdemeanor as stated in the specific rule.
230:5 New Paragraphs; Administrative Fines. Amend RSA 12-A:2-c by inserting after paragraph III the following new paragraphs:
IV. The commissioner, after notice and hearing pursuant to RSA 541-A, may impose an administrative fine not to exceed $250 for each offense upon any person who violates any provision of the department’s administrative rules. Rehearings and appeals from a decision of the commissioner under this paragraph shall be in accordance with RSA 541. Any administrative fine imposed under this section shall not preclude the imposition of further penalties under RSA 227-J. The commissioner shall adopt rules, under RSA 541-A, relative to:
(a) A schedule of administrative fines which may be imposed under this paragraph for violation of the department’s administrative rules.
(b) Procedures for notice and hearing prior to the imposition of an administrative fine.
V. The proceeds of administrative fines levied pursuant to paragraph IV shall be deposited by the commissioner into the forest management and protection fund established under RSA 227-G:5, I for violations of forest management and protection rules, or into the state park fund established under RSA 216-A:3-i for violations of parks and recreation rules.
230:6 Off Highway Recreational Vehicles and Trails; Rulemaking. Amend RSA 215-A:3-a, II-III to read as follows:
II. The use and control of OHRV trails, facilities, and lands under bureau control or lease; [and]
III. Complete and specific procedures relative to the distribution of and requirements for obtaining funds from the grant-in-aid program established under RSA 215-A:23, VI[.]; and
IV. Imposition of administrative fines under RSA 215-A:3-b.
230:7 New Section; Administrative Fines. Amend RSA 215-A by inserting after section 3-a the following new section:
215-A:3-b Administrative Fines.
I. The commissioner of the department of resources and economic development, after notice and hearing pursuant to RSA 541-A, may impose an administrative fine not to exceed $250 for each offense upon any person who violates any provision of the department’s administrative rules. Rehearings and appeals from a decision of the commissioner under this section shall be in accordance with RSA 541. Any administrative fine imposed under this section shall not preclude the imposition of further penalties under RSA 227-J. The commissioner shall adopt rules, under RSA 541-A, relative to:
(a) A schedule of administrative fines which may be imposed under this section for violation of the department’s administrative rules.
(b) Procedures for notice and hearing prior to the imposition of an administrative fine.
II. The proceeds of administrative fines levied pursuant to paragraph I shall be deposited by the commissioner of resources and economic development into the funds provided the department of resources and economic development for the OHRV and snowmobile program under RSA 215-A:3, II for violations of bureau of trails rules.
230:8 Snowmobiles; Rulemaking. Amend RSA 215-C:3, I-II to read as follows:
I. The use and control of snowmobile trails, facilities, and lands under bureau control or lease; [and]
II. Complete and specific procedures relative to the distribution of and requirements for obtaining funds from the grant-in-aid program established under RSA 215-C:39, VII[.]; and
III. Imposition of administrative fines under RSA 215-C:3-a..
230:9 New Section; Administrative Fines. Amend RSA 215-C by inserting after section 3 the following new section:
215-C:3-a Administrative Fines.
I. The commissioner of the department of resources and economic development, after notice and hearing pursuant to RSA 541-A, may impose an administrative fine not to exceed $250 for each offense upon any person who violates any provision of the department’s administrative rules. Rehearings and appeals from a decision of the commissioner under this section shall be in accordance with RSA 541. Any administrative fine imposed under this section shall not preclude the imposition of further penalties under RSA 227-J. The commissioner shall adopt rules, under RSA 541-A, relative to:
(a) A schedule of administrative fines which may be imposed under this section for violation of the department’s administrative rules.
(b) Procedures for notice and hearing prior to the imposition of an administrative fine.
II. The proceeds of administrative fines levied pursuant to paragraph I shall be deposited by the commissioner of resources and economic development into the funds provided the department of resources and economic development for the OHRV and snowmobile program under RSA 215-A:3, II for violations of bureau of trails rules.
230:10 Rulemaking. The section heading of RSA 12-A:2-c is repealed and reenacted to read as follows:
12-A:2-c Rulemaking.
230:11 Rulemaking. RSA 12-A:2-c, III is repealed and reenacted to read as follows:
III. If so specified in any rule, persons violating that rule may be evicted from the property and shall be guilty of a misdemeanor.
230:12 Repeal. The following are repealed:
I. RSA 12-A:1-d, II relative to police powers.
II. RSA 12-A:2-c, II(f), relative imposition of administrative fines.
III. RSA 12-A:2-c, IV and V, relative to administrative fines.
IV. RSA 215-A:3-a, IV, relative to imposition of administrative fines.
V. RSA 215-A:3-b, relative to administrative fines.
VI. RSA 215-C:3, III, relative to imposition of fines.
VII. RSA 215-C:3-a, relative to administrative fines.
230:13 Effective Date.
I. Sections 10-12 of this act shall take effect 3 years after its passage.
II. The remainder of this act shall take effect upon its passage.
Approved: June 28, 2010
Effective Date: I. Sections 10-12 shall take effect June 28, 2013
II. Remainder shall take effect June 28, 2010