CHAPTER 169
SB 452 - FINAL VERSION
3/21/02 3043s
17apr02...3394h
2002 SESSION
06/09
SENATE BILL 452
AN ACT relative to fines for violations of the shoreland protection act.
SPONSORS: Sen. Johnson, Dist 3; Sen. Below, Dist 5; Sen. Hollingworth, Dist 23; Rep. Babson, Carr 5; Rep. Lovett, Graf 6
This bill:
I. Defines "repeat violation" under the Comprehensive Shoreland Protection Act.
II. Requires the commissioner of the department of environmental services to impose an administrative fine for each violation.
III. Allows the administrative fine to be multiplied by a factor of 2 for every previous violation committed by the same person or entity.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
3/21/02 3043s
17apr02...3394h
02-3182
06/09
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Two
AN ACT relative to fines for violations of the shoreland protection act.
Be it Enacted by the Senate and House of Representatives in General Court convened:
169:1 New Paragraph; Definition; "Repeat Violation." Amend RSA 483-B:4 by inserting after paragraph XVIII the following new paragraph:
XVIII-a. "Repeat violation" means a violation that occurs within 3 years of notification by the department of a prior violation, as defined in RSA 483-B:18, I, whether on the same site or by the same person or entity on a second site. Each day of continuing violation after notification of that violation shall be considered a repeat violation.
169:2 Comprehensive Shoreland Protection Act; Penalties. Amend RSA 483-B:18, III(c) to read as follows:
(c) The commissioner, after notice and hearing pursuant to RSA 541-A, [may] shall impose an administrative fine of up to $5,000 for each offense upon any person who violates this chapter. Rehearings and appeals relating to such fines shall be governed by RSA 541. Imposition of an administrative fine under this section shall not preclude the imposition of further civil or criminal penalties under this chapter.
(d) Notwithstanding the $5000 fine limit in subparagraph (c), the administrative fine for each repeat violation of this chapter may be multiplied by a factor of 2 for every previous violation committed by the person or entity.
169:3 Effective Date. This act shall take effect January 1, 2003.
(Approved: May 15, 2002)
(Effective Date: January 1, 2003)