SB 504-FN - AS INTRODUCED
2024 SESSION
24-2893
05/10
SENATE BILL 504-FN
AN ACT relative to land in current use.
SPONSORS: Sen. Bradley, Dist 3
COMMITTEE: Judiciary
-----------------------------------------------------------------
ANALYSIS
This bill 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. The bill also 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.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
24-2893
05/10
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Four
AN ACT relative to land in current use.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 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 public recreational use” signs that prohibits or restricts 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.
2 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 public recreational use” 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.
3 Effective Date. This act shall take effect January 1, 2025.
24-2893
11/29/23
SB 504-FN- FISCAL NOTE
AS INTRODUCED
AN ACT relative to land in current use.
FISCAL IMPACT: [ X ] State [ X ] County [ X ] Local [ ] None
|
| |||||
Estimated State Impact - Increase / (Decrease) | ||||||
| FY 2024 | FY 2025 | FY 2026 | FY 2027 | ||
Revenue | $0 | $0 | $0 | $0 | ||
Revenue Fund | None | |||||
Expenditures | Indeterminable | |||||
Funding Source | General Fund | |||||
Appropriations | $0 | $0 | $0 | $0 | ||
Funding Source | None | |||||
| ||||||
| ||||||
Estimated Political Subdivision Impact - Increase / (Decrease) | ||||||
| FY 2024 | FY 2025 | FY 2026 | FY 2027 | ||
County Revenue | $0 | $0 | $0 | $0 | ||
County Expenditures | Indeterminable | |||||
Local Revenue | $0 | $0 | $0 | $0 | ||
Local Expenditures | Indeterminable | |||||
METHODOLOGY:
This bill adds, deletes, or modifies a criminal penalty, or changes statute to which there is a penalty for violation. Therefore, this bill may have an impact on the judicial and correctional systems, which could affect prosecution, incarceration, probation, and parole costs, for the state, as well as county and local governments. A summary of such costs can be found at: https://gencourt.state.nh.us/lba/Budget/Fiscal_Notes/JudicialCorrectionalCosts.pdf
AGENCIES CONTACTED:
Judicial Branch, Judicial Council, Department of Justice, Department of Corrections, New Hampshire Association of Counties, and New Hampshire Municipal Association