Bill Text - SB114 (2021)

(New Title) relative to protecting the safe use and enjoyment of publicly-accessible recreation areas.


Revision: Jan. 29, 2021, 10:23 a.m.

SB 114-FN - AS INTRODUCED

 

 

2021 SESSION

21-0976

04/05

 

SENATE BILL 114-FN

 

AN ACT relative to the enjoyment of publicly-accessible and publicly-funded recreation areas.

 

SPONSORS: Sen. Whitley, Dist 15; Sen. Prentiss, Dist 5; Sen. Perkins Kwoka, Dist 21; Rep. Alicea, Merr. 8; Rep. Espitia, Hills. 31; Rep. Harriott-Gathright, Hills. 36; Rep. Perez, Hills. 23; Rep. Wazir, Merr. 17

 

COMMITTEE: Energy and Natural Resources

 

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ANALYSIS

 

This bill requires the department of natural and cultural resources and fish and game officers to enforce the enjoyment and engagement of recreation in all publicly-accessible and publicly-funded areas of the state without fear of violence resulting from discrimination.  The bill also requires authorized personnel from both departments to undergo ethics and diversity training.

 

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

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

21-0976

04/05

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Twenty One

 

AN ACT relative to the enjoyment of publicly-accessible and publicly-funded recreation areas.

 

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

 

1  Short Title.  This act shall be known as "The Inclusive Outdoors Act."

2  New Subparagraph; Powers and Duties of the Department of Natural and Cultural Resources.  Amend RSA 12-A:1-c, I by inserting after subparagraph (f) the following new subparagraph:

(g)  Enforcing the use and enjoyment of New Hampshire’s cultural and natural resources on all publicly-accessible and publicly-funded areas of the state by all people without fear or threat of verbal or physical violence based on color, race, age, ability, gender identity, national origin, religion, creed, sexual orientation, sex, or any other individual characteristic protected under RSA 354-B.  The commissioner shall establish and maintain a publicly-accessible database documenting violations of this subparagraph, or RSA 354-B that are based on the circumstances described in this subparagraph, charged by the department or the attorney general, including the final disposition of such cases.  The database shall not contain any personally identifiable information.  

3  New Paragraph; Department of Cultural and Natural Resources; Police Powers.  Amend RSA 12-A:1-d by inserting after paragraph II the following new paragraph:

III.  All persons under paragraph I to whom police powers have been conferred shall undergo ethics, diversity, and de-escalation training required of police officers certified under RSA 106-L.  

4  New Paragraph; Fish and Game; Authority and Duties of Executive Director and Conservation Officers.  Amend RSA 206:26-b by inserting after paragraph V the following new paragraph:

VI.(a)  The executive director and all conservation officers shall enforce the ability for all people to use and enjoy New Hampshire’s cultural and natural resources on all publicly-accessible and publicly-funded areas of the state without fear or threat of verbal or physical violence based on color, race, age, ability, gender identity, national origin, religion, creed, sexual orientation, sex, or any other individual characteristic protected under RSA 354-B.

(b)  The executive director and all conservation officers shall undergo ethics, diversity, and de-escalating training required of police officers certified under RSA 106-L.

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

 

LBA

21-0976

1/26/21

 

SB 114-FN- FISCAL NOTE

AS INTRODUCED

 

AN ACT relative to the enjoyment of publicly-accessible and publicly-funded recreation areas.

 

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

 

 

 

Estimated Increase / (Decrease)

STATE:

FY 2021

FY 2022

FY 2023

FY 2024

   Appropriation

$0

$0

$0

$0

   Revenue

$0

$0

$0

$0

   Expenditures

$0

Indeterminable

Indeterminable

Indeterminable

Funding Source:

  [ X ] General            [    ] Education            [    ] Highway           [    ] Other

 

The Department of Fish and Game was contacted for a fiscal note worksheet on January 14, 2021, January 15, 2021, January 20, 2021 and  January 22, 2021, which they still have not provided as of January 26, 2021.

 

METHODOLOGY:

 This bill requires personnel with police powers of the Departments of Natural and Cultural Resources (DNCR) and Fish and Game to enforce the use and enjoyment of all publicly-accessible and publicly-funded areas of the state by individuals without fear or threat of verbal or physical violence.  The DNCR shall establish and maintain a publicly-accessible database documenting violations of this provision charged by DNCR or the attorney general, including the final disposition of such cases.  The database shall not contain any personally identifiable information.  The bill also requires the officers of the departments to have ethics and diversity training.

 

The DNCR assumes the Police Standards and Training Council is developing training as required by this bill for the certified officers within the Department as part of their law enforcement certification and such training will be free of charge.  The Division of Forests and Lands, Forest Protection Bureau currently maintains investigation information and such information is available pursuant to RSA 91-A (Right to Know Law) but is not available on a publicly-accessible web-based platform.  The database also does not track investigations conducted by other agencies.  If such a web-based portal was required, it would necessitate a request for proposals with an unknown development cost and ongoing maintenance cost.

 

It is assumed this bill will be effective July 1, 2021.

 

AGENCIES CONTACTED:

Departments of Natural and Cultural Resources and Fish and Game

 

SB 114-FN - AS INTRODUCED

 

 

2021 SESSION

21-0976

04/05

 

SENATE BILL 114-FN

 

AN ACT relative to the enjoyment of publicly-accessible and publicly-funded recreation areas.

 

SPONSORS: Sen. Whitley, Dist 15; Sen. Prentiss, Dist 5; Sen. Perkins Kwoka, Dist 21; Rep. Alicea, Merr. 8; Rep. Espitia, Hills. 31; Rep. Harriott-Gathright, Hills. 36; Rep. Perez, Hills. 23; Rep. Wazir, Merr. 17

 

COMMITTEE: Energy and Natural Resources

 

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

 

ANALYSIS

 

This bill requires the department of natural and cultural resources and fish and game officers to enforce the enjoyment and engagement of recreation in all publicly-accessible and publicly-funded areas of the state without fear of violence resulting from discrimination.  The bill also requires authorized personnel from both departments to undergo ethics and diversity training.

 

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

 

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.

21-0976

04/05

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Twenty One

 

AN ACT relative to the enjoyment of publicly-accessible and publicly-funded recreation areas.

 

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

 

1  Short Title.  This act shall be known as "The Inclusive Outdoors Act."

2  New Subparagraph; Powers and Duties of the Department of Natural and Cultural Resources.  Amend RSA 12-A:1-c, I by inserting after subparagraph (f) the following new subparagraph:

(g)  Enforcing the use and enjoyment of New Hampshire’s cultural and natural resources on all publicly-accessible and publicly-funded areas of the state by all people without fear or threat of verbal or physical violence based on color, race, age, ability, gender identity, national origin, religion, creed, sexual orientation, sex, or any other individual characteristic protected under RSA 354-B.  The commissioner shall establish and maintain a publicly-accessible database documenting violations of this subparagraph, or RSA 354-B that are based on the circumstances described in this subparagraph, charged by the department or the attorney general, including the final disposition of such cases.  The database shall not contain any personally identifiable information.  

3  New Paragraph; Department of Cultural and Natural Resources; Police Powers.  Amend RSA 12-A:1-d by inserting after paragraph II the following new paragraph:

III.  All persons under paragraph I to whom police powers have been conferred shall undergo ethics, diversity, and de-escalation training required of police officers certified under RSA 106-L.  

4  New Paragraph; Fish and Game; Authority and Duties of Executive Director and Conservation Officers.  Amend RSA 206:26-b by inserting after paragraph V the following new paragraph:

VI.(a)  The executive director and all conservation officers shall enforce the ability for all people to use and enjoy New Hampshire’s cultural and natural resources on all publicly-accessible and publicly-funded areas of the state without fear or threat of verbal or physical violence based on color, race, age, ability, gender identity, national origin, religion, creed, sexual orientation, sex, or any other individual characteristic protected under RSA 354-B.

(b)  The executive director and all conservation officers shall undergo ethics, diversity, and de-escalating training required of police officers certified under RSA 106-L.

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

 

LBA

21-0976

1/26/21

 

SB 114-FN- FISCAL NOTE

AS INTRODUCED

 

AN ACT relative to the enjoyment of publicly-accessible and publicly-funded recreation areas.

 

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

 

 

 

Estimated Increase / (Decrease)

STATE:

FY 2021

FY 2022

FY 2023

FY 2024

   Appropriation

$0

$0

$0

$0

   Revenue

$0

$0

$0

$0

   Expenditures

$0

Indeterminable

Indeterminable

Indeterminable

Funding Source:

  [ X ] General            [    ] Education            [    ] Highway           [    ] Other

 

The Department of Fish and Game was contacted for a fiscal note worksheet on January 14, 2021, January 15, 2021, January 20, 2021 and  January 22, 2021, which they still have not provided as of January 26, 2021.

 

METHODOLOGY:

 This bill requires personnel with police powers of the Departments of Natural and Cultural Resources (DNCR) and Fish and Game to enforce the use and enjoyment of all publicly-accessible and publicly-funded areas of the state by individuals without fear or threat of verbal or physical violence.  The DNCR shall establish and maintain a publicly-accessible database documenting violations of this provision charged by DNCR or the attorney general, including the final disposition of such cases.  The database shall not contain any personally identifiable information.  The bill also requires the officers of the departments to have ethics and diversity training.

 

The DNCR assumes the Police Standards and Training Council is developing training as required by this bill for the certified officers within the Department as part of their law enforcement certification and such training will be free of charge.  The Division of Forests and Lands, Forest Protection Bureau currently maintains investigation information and such information is available pursuant to RSA 91-A (Right to Know Law) but is not available on a publicly-accessible web-based platform.  The database also does not track investigations conducted by other agencies.  If such a web-based portal was required, it would necessitate a request for proposals with an unknown development cost and ongoing maintenance cost.

 

It is assumed this bill will be effective July 1, 2021.

 

AGENCIES CONTACTED:

Departments of Natural and Cultural Resources and Fish and Game