HB1544 (2010) Detail

Relative to penalties for forestry violations.


CHAPTER 171

HB 1544-FN – FINAL VERSION

24Mar2010… 0907h

05May2010… 1742eba

2010 SESSION

10-2281

08/10

HOUSE BILL 1544-FN

AN ACT relative to penalties for forestry violations.

SPONSORS: Rep. Theberge, Coos 4; Rep. S. Smith, Graf 7; Sen. Odell, Dist 8

COMMITTEE: Resources, Recreation and Development

ANALYSIS

This bill enables the commissioner of the department of resources and economic development to make certain rules about forestry violations.

This bill also makes failing to comply with a cease and desist order against a timber operation a misdemeanor.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

24Mar2010… 0907h

05May2010… 1742eba

10-2281

08/10

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Ten

AN ACT relative to penalties for forestry violations.

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

171:1 New Section; Enhanced Forestry Penalties. Amend RSA 227-G by inserting after section 9 the following new section:

227-G:10 Enhanced Penalty. A court may, upon separate petition of the attorney general, or in connection with a petition for equity relief filed by the attorney general, levy upon any person who meets the requirements for enhanced penalties as defined in departmental rule, a civil penalty in an amount not to exceed $10,000 per violation, along with any other injunctive relief deemed necessary by the court. The proceeds of any civil penalty levied pursuant to this section shall be deposited by the commissioner into the forest management and protection fund established under RSA 227-G:5, I.

171:2 New Paragraph; Rulemaking; Forestry Penalties. Amend RSA 227-G:4 by inserting after paragraph X the following new paragraph:

X-a. The requirements for enhanced penalties pursuant to RSA 227-G:10.

171:3 Forestry Penalties. Amend RSA 227-J:2, II(c) to read as follows:

(c) Issue a written cease and desist order against any timber operation in violation of this chapter, with the exception of RSA 227-J:4. Any such violation may be enjoined by the superior court, upon application of the attorney general. A person failing to comply with the cease and desist order shall be guilty of a [violation] class A misdemeanor.

171:4 Effective Date. This act shall take effect January 1, 2011.

Approved: June 17, 2010

Effective Date: January 1, 2011