CHAPTER 131
HB 581-FN - FINAL VERSION
21feb02...2442h
25apr02...3624eba
2002 SESSION
08/09
HOUSE BILL 581-FN
AN ACT relative to the authority of the commissioner of agriculture, markets, and food to search for invasive species.
SPONSORS: Rep. Bruno, Hills 4; Rep. Mirski, Graf 12; Rep. L. Jean, Hills 17
COMMITTEE: Environment and Agriculture
This bill requires the commissioner of agriculture, markets, and food to obtain a search warrant before searching any place, building, or vehicle in which prohibited invasive species may be harbored.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
21feb02...2442h
25apr02...3624eba
01-0731
08/09
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Two
AN ACT relative to the authority of the commissioner of agriculture, markets, and food to search for invasive species.
Be it Enacted by the Senate and House of Representatives in General Court convened:
131:1 Administrative Authority; Inspection; Rulemaking. RSA 430:55 is repealed and reenacted to read as follows:
430:55 Administrative Authority; Inspection; Rulemaking.
I. The commissioner of agriculture, markets, and food shall adopt rules, in accordance with RSA 541-A, for carrying out provisions of this subdivision. For the purpose of inspecting for, or eradicating prohibited species, the commissioner shall, in person or by deputy or agent, have access to:
(a) Land, places, buildings, or vehicles of a licensed or certified plant dealer or nursery, at all reasonable hours.
(b) Land not posted pursuant to RSA 635:4 at any time, but unposted land shall not include buildings, vehicles, or areas considered to be curtilage.
(c) Land posted pursuant to RSA 635:4, places, buildings, or vehicles at such time and under such conditions as the owner may consent to.
(d) Land posted pursuant to RSA 635:4, places, buildings, or vehicles upon obtaining a search warrant pursuant to RSA 595-A, if the owner does not consent.
II. The commissioner shall have general authority to administer and enforce the provisions of this subdivision and the rules adopted under this subdivision, and to prosecute violations thereof.
131:2 Effective Date. This act shall take effect 60 days after its passage.
(Approved: May 9, 2002)
(Effective Date: July 8; 2002)