HB1487 (2014) Detail

Relative to the uniform fine schedule for the division of forests and lands.


HB 1487-FN – VERSION ADOPTED BY BOTH BODIES

15May2014… 1871EBA

2014 SESSION

14-2334

08/04

HOUSE BILL 1487-FN

AN ACT relative to the uniform fine schedule for the division of forests and lands.

SPONSORS: Rep. Theberge, Coos 3; Rep. Pantelakos, Rock 25; Rep. Sad, Ches 1; Rep.?R.?Rogers, Straf 22; Sen. Woodburn, Dist 1; Sen. Cataldo, Dist 6

COMMITTEE: Resources, Recreation and Development

ANALYSIS

This bill authorizes changes to the violations listed on the department of resources and economic development, division of forests and lands, uniform fine schedule for forestry offenses.

This bill is a request of the division of forests and lands.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

15May2014… 1871EBA

14-2334

08/04

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Fourteen

AN ACT relative to the uniform fine schedule for the division of forests and lands.

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

1 Uniform Fine Schedule Changes; Certain Forestry Violations. Pursuant to RSA 502-A:19-b, V, the portion of the title XIX-A uniform fine schedule for forestry offenses shall be as follows:

FORESTRY VIOLATIONS

I. 227-J:2, II(c) Failure to comply with a cease and desist order $310.00

II. 227-J:5 Failure to file an intent to cut form $310.00

III. 227-J:5 Failure to post a valid intent to cut form or certificate $62.00

IV. 227-J:5 Failure to file a supplemental intent to cut form $62.00

V. 227-J:5 Failure to file a report of wood cut form $124.00

VI. 227-J:6, I Operation in wetlands without filing a minimum impact forestry notification $62.00

VII. 227-J:6, III Failure to comply with best management practices (RSA 482-A) $310.00

VIII. 227-J:7 Alteration of terrain (RSA 485-A) $310.00

IX. 227-J:8-a Trespass (timber) $310.00

X. 227-J:9 Basal area $620.00

XI. 227-J:10 Slash $310.00

XII. 227-J:11 Prohibition on the transportation of coniferous trees $124.00

XIII. 227-J:13 Damages to fences $124.00

XIV. 227-J:15, I Deceptive forestry business practices $620.00

XV. 227-J:15, III Failure to provide a written contract $124.00

XVI. 227-I:9 Mill registration $62.00

XVII. 227-K:17 Forest health prohibition $124.00

XVIII. 227-L:2, IV(c) Failure to comply with a cease and desist order $310.00

XIX. 227-L:13 Public duties, failure to report a forest fire / disobedience of forest fire warden $124.00

XX. 227-L:14 Interference with forest fire control personnel $124.00

XXI. 227-L:15 Prohibiting smoking or kindling fires $124.00

XXII. 227-L:16 Trespass upon or smoking in White Mountain National Forest $124.00

XXIII. 227-L:17 Permits; damages; penalties - fire permits $124.00

XXIV. 227-G:4, IX Burning permit restrictions $124.00

XXV. 227-L:18 Flammable material $124.00

XXVI. 227-L:19 Dropping lighted material $62.00

XXVII. 227-L:20 Suitable exhaust systems on motorized equipment $124.00

2 Effective Date. This act shall take effect July 1, 2014.

LBAO

14-2334

12/03/13

HB 1487-FN - FISCAL NOTE

AN ACT relative to the uniform fine schedule for the division of forests and lands.

FISCAL IMPACT:

    The Judicial Branch states this bill, as introduced, will have an indeterminable impact on state revenue in FY 2015 and each year thereafter. There will be no impact on county and local revenue, or state, county, and local expenditures.

METHODOLOGY:

    The Judicial Branch states this bill enacts a new uniform fine schedule pursuant to RSA 502-A:19-b, V for forestry violations, replacing the current schedule. Most fines on the schedule stay the same; however, some increase and some decrease. Fine revenue is split between multiple funds: the state general fund, the forest protection personnel training fund, the police standards and training council fund, the victims’ assistance fund, and the judicial branch information technology fund. The Branch states that in FY 2013, it collected $12,296 in fines for forestry violations. Given that most fine amounts remain unchanged under the bill, and that of the remaining amounts some increase and some decrease, the bill is likely to have a minimal impact on the Branch’s budget.