Bill Details - HB384 (2019)

HB 384 - AS AMENDED BY THE HOUSE

 

27Feb2019... 0445h

2019 SESSION

19-0341

06/01

 

HOUSE BILL 384

 

AN ACT relative to access to historic burial sites on state-owned land.

 

SPONSORS: Rep. Abrami, Rock. 19; Rep. Lovejoy, Rock. 36; Rep. Altschiller, Rock. 19

 

COMMITTEE: Public Works and Highways

 

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ANALYSIS

 

This bill permits a municipality to create and maintain a path to a historic burial site on state land within the municipality.

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

27Feb2019... 0445h 19-0341

06/01

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Nineteen

 

AN ACT relative to access to historic burial sites on state-owned land.

 

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

 

1  New Paragraph; Cemeteries; Definitions; Historic Burial Site.  Amend RSA 289:1 by inserting after paragraph VII the following new paragraph:

VII-a.  "Historic burial site" means any cemetery meeting the criteria of RSA 289:14-b.

2  New Section; Access to Historic Burial Sites.  Amend RSA 289 by inserting after section 14-b the following new section:

289:14-c  Access to Historic Burial Sites.  

I.  A municipality may create and maintain a path on state-owned land leading to a site deemed by the governing body or heritage commission of the municipality to be a historic burial site.  Any such path shall be built and maintained in accordance with all applicable laws and rules and in accordance with permission granted to build such a path by the state agency with jurisdiction over the land.

II.  The governing body of the municipality shall hold a public hearing for the purpose of explaining its intent to create a path to a historic burial site including its proposed location.  At least 14 days prior to the hearing, the governing body shall give notice by publication in a newspaper of general circulation in the municipality, posting in at least 2 public places and, if one exists, on the municipality's website.  The municipality shall notify the state agency with jurisdiction over the land, by certified mail, of the date and time of the public hearing.

III.  If the plan to create the path is approved by the governing body after the public hearing, the governing body shall notify the state agency having jurisdiction over the land.

IV.  The state agency having jurisdiction over the land shall set the terms and conditions for creation and maintenance of the path, including remedies for violation, which shall be reasonable and consistent with the purpose of this section while recognizing the need for consistency with the agency’s primary mission and any special limitations inherent in the particular parcel in question.  Such terms and conditions shall include a description of the route of the path and such rules and limitations as the agency deems appropriate after negotiating with the municipality.  Permission may be granted for a fixed term of not less than 10 years.  Upon the expiration of such time permission may be renewed pursuant to this section.

V.  If the state agency having jurisdiction determines that the terms or conditions are being violated it shall notify the governing body of the municipality of such violations.  If, after the cure period there are continued violations, the agency may revoke its permission and take such steps as is deemed necessary to secure the area.

VI.  In the event that the needs of the state agency with jurisdiction change in regard to this particular parcel of land the agency shall negotiate new terms with the municipality with the needs of the agency having priority.

VII.  In the event that the municipality and the state agency with jurisdiction cannot agree on a suitable path, the terms and conditions for granting permission, or other events or conditions which would endanger the establishment and maintenance of the path, the matter shall be submitted to the council on resources and development established in RSA 162-C:1 to determine whether the path may be accommodated in compliance with the purposes of this section.  The decision of the council shall be final.  The permission granted under this section to create or maintain a path shall not be construed as granting any transfer of rights to the municipality.

VIII.  The municipality shall bear the expense of creating and maintaining the path which shall be no less than 5 feet in width.  Construction and maintenance of the path shall be accomplished in a manner that does not disturb the soil and does not involve the application of chemicals, except for the eradication of poison ivy or other invasive species.

IX.  The municipality may, at its expense, place a marker at the trail head indicating the path to the historical burial site.  The design of any marker shall be approved by the agency with jurisdiction over the land.

3  Council on Resources and Development;Responsibilities.  Amend RSA 162-C:2, XI(c) and XII to read as follows:

(c)  Facility location and planning; [and]

XII.  Facilitate coordination of state agencies to support local, regional, and state planning efforts consistent with RSA 9-A:1-4; and

XIII.  Resolve differences or conflicts between a state agency and a municipality concerning the creation or maintenance of an access path to historical burial sites arising under RSA 289:14-c on property under the jurisdiction of such agency.

4  Effective Date.  This act shall take effect 60 days after its passage.

Docket

Date Status
Jan. 3, 2019 Introduced 01/03/2019 and referred to Public Works and Highways HJ 3 P. 12
Jan. 22, 2019 Public Hearing: 01/22/2019 11:30 am LOB 201
Feb. 5, 2019 ==RECESSED== Executive Session: 02/05/2019 10:00 am LOB 201
Feb. 13, 2019 ==CONTINUED== Executive Session: 02/13/2019 10:30 am LOB 201
Feb. 27, 2019 Committee Report: Ought to Pass with Amendment # 2019-0445h for 02/27/2019 (Vote 20-0; CC) HC 13 P. 13
Committee Report: Ought to Pass with Amendment # 2019-0445h (Vote 20-0; CC)
Feb. 27, 2019 Amendment # 2019-0445h: AA VV 02/27/2019
Feb. 27, 2019 Ought to Pass with Amendment 2019-0445h: MA VV 02/27/2019
March 14, 2019 Introduced 03/14/2019 and Referred to Election Law and Municipal Affairs; SJ 9

Action Dates

Date Body Type
Jan. 22, 2019 House Hearing
Feb. 5, 2019 House Exec Session
Feb. 13, 2019 House Exec Session
House Floor Vote
Feb. 27, 2019 House Floor Vote

Bill Text Revisions

HB384 Revision: 4609 Date: Jan. 7, 2019, 3:16 p.m.
HB384 Revision: 5413 Date: Feb. 28, 2019, 3:08 p.m.