Bill Text - HB617 (2017)

(New Title) relative to penalties for violations of planning and zoning laws.


Revision: March 30, 2017, noon

HB 617-FN - AS AMENDED BY THE HOUSE

 

9Mar2017... 0200h

2017 SESSION

17-0754

09/03

 

HOUSE BILL 617-FN

 

AN ACT relative to penalties for violations of planning and zoning laws.

 

SPONSORS: Rep. Brewster, Merr. 21

 

COMMITTEE: Judiciary

 

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AMENDED ANALYSIS

 

This bill removes the authority to charge each day of a continuing violation of planning and zoning laws as a separate offense.

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

9Mar2017... 0200h 17-0754

09/03

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Seventeen

 

AN ACT relative to penalties for violations of planning and zoning laws.

 

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

 

1  Planning and Zoning; Fines and Penalties; Continuing Violation.  Amend RSA 676:17, I to read as follows:

I.  Any person who violates any of the provisions of this title, or any local ordinance, code, or regulation adopted under this title, or any provision or specification of any application, plat, or plan approved by, or any requirement or condition of a permit or decision issued by, any local administrator or land use board acting under the authority of this title shall be guilty of a misdemeanor if a natural person, or guilty of a felony if any other person; and shall be subject to a civil penalty of $275 for the first offense, and $550 for subsequent offenses, for each day that such violation is found to continue after the conviction date or after the date on which the violator receives written notice from the municipality that the violator is in violation, whichever is earlier.  [Each day that a violation continues shall be a separate offense.]

2  Effective Date.  This act shall take effect January 1, 2018.

 

LBAO

17-0754

Amended 3/17/17

 

HB 617-FN- FISCAL NOTE

AS AMENDED BY THE HOUSE (AMENDMENT #2017-0200h)

 

AN ACT (New Title) relative to penalties for violations of planning and zoning laws.

 

FISCAL IMPACT:      [    ] State              [    ] County               [    ] Local              [ X ] None

 

 

METHODOLOGY:

The Office of Legislative Budget Assistant has determined that this bill, as amended by the House (Amendment #2017-0200h) will have no fiscal impact on state, county, and local revenue or expenditures.

 

AGENCIES CONTACTED:

Judicial Branch, Judicial Council, Department of Justice, and New Hampshire Association of Counties