Revision: May 23, 2024, 10:12 p.m.
Sen. Bradley, Dist 3
May 21, 2024
2024-2103s
08/02
Floor Amendment to HB 1018
Amend the title of the bill by replacing it with the following:
AN ACT relative to on-premise and off-premise liquor licenses and relative to land in current use.
Amend the bill by replacing all after section 7 with the following:
8 Current Use Taxation; Powers and Duties of Board. Amend RSA 79-A:4, II to read as follows:
II. The board shall reduce by 20 percent the current use value of land which is open 12 months a year to public recreational use, without entrance fee, and which also qualifies for current use assessment under an open space category. There shall be no prohibition of skiing, snowshoeing, fishing, hunting, hiking or nature observation on such open space land, unless these activities would be detrimental to a specific agricultural or forest crop or activity. An owner of open space land may post “no trespass except for skiing, snowshoeing, fishing, hunting, hiking, or nature observation” signs that prohibit or restrict the access to or use of such open space land for any other purpose. The owner of land who opens his or her land to public recreational use as provided in this paragraph shall not be liable for personal injury or property damage to any person, and shall be subject to the same duty of care as provided in RSA 212:34.
9 New Subparagraphs; Criminal Trespass. Amend RSA 635:2, III(b)(3) and (4) to read as follows:
(3) In any place in defiance of any court order restraining him from entering such place so long as he has been properly notified of such order; [or]
(4) On any grounds, lands, or parking areas of any state correctional facility or transitional housing unit operated by the department of corrections without prior authorization or without a legitimate purpose associated with department of corrections operations[.];
(5) On open space land in violation of a posted “no trespass except for skiing, snowshoeing, fishing, hunting, hiking, or nature observation” sign authorized pursuant to RSA 79-A:4, II; or
(6) On the property of another during the commission of any crime under RSA 318-B or RSA 633:7.
I. Sections 8 and 9 of this act shall take effect January 1, 2025.
II. The remainder of this act shall take effect 60 days after its passage.
2024-2103s
AMENDED ANALYSIS
This bill:
I. Makes changes to the laws relative to on-premise and off-premise liquor licenses, including the regulation of certain on-premises licensees which sell hookah products.
II. Provides that the owner of land in current use and designated as open space may post that such land is restricted to use for public recreation only.
III. Expands grounds for criminal trespass to include violation of open space land posted for recreational use only and when associated with a violation of the controlled drug act or human trafficking.