SB 15-FN  - AS INTRODUCED

 

 

2023 SESSION

23-0793

04/05

 

SENATE BILL 15-FN

 

AN ACT relative to the use of tree stands and observation blinds.

 

SPONSORS: Sen. Pearl, Dist 17; Sen. Watters, Dist 4; Sen. Gendreau, Dist 1; Sen. Lang, Dist 2

 

COMMITTEE: Energy and Natural Resources

 

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ANALYSIS

 

This bill amends the permissible uses of tree stands, observation blinds, and pit blinds.

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

23-0793

04/05

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Twenty Three

 

AN ACT relative to the use of tree stands and observation blinds.

 

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

 

1  Use of Tree Stands, Observation Blinds, and Pit Blinds.  Amend RSA 207:36-a to read as follows:

207:36-a Use of Tree Stands, Observation Blinds, and Pit Blinds.  

I.  No person shall erect, build or use a tree stand or observation blind on land of another person that damages or destroys a tree by inserting into the tree any metallic, ceramic, or other object used as part of a ladder or observation deck, without express written permission from the property owner or designee.

II.  No person shall erect, build or use a pit blind on land of another person without express written permission from the property owner or designee.

III.  No person shall cut any tree in connection with any of the activities regulated under this section without the express written permission of the property owner or designee.

IV.  No person shall construct a permanent tree stand or observation blind without written permission from the property owner or designee.  

V.  A portable or temporary tree stand or observation blind that does not violate paragraph I or II may be erected on the land of another between August 1 and December 31 of a calendar year.  All portable or temporary tree stands or observation blinds shall be removed from the property by January 1, unless allowed by written permission from the property owner or designee.

VI.  The permittee shall carry such permit on his person while in the field and shall be subject to inspection on demand of any conservation officer.

[V.] VII.  All property owner permits shall expire on December 31 of each year unless rescinded by the property owner or designee.

VIII.  All tree stands or observation blinds shall be labeled with the name and contact information of the owner of the tree stand or observation blind in a clearly visible manner.

[VI.] IX.  Any person who violates any provision of this section shall be guilty of a violation and shall be liable for the amount of damage caused by the act, to be recovered by the property owner sustaining the damage.

[VII.] X.  The executive director shall adopt rules, pursuant to RSA 541-A, relative to the form, issuance and filing of property owner permits for the tree stands, observation blinds and pit blinds.

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

 

LBA

23-0793

12/28/22

 

SB 15-fn - FISCAL NOTE

AS INTRODUCED

 

AN ACT relative to the use of tree stands and observation blinds.

 

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

 

 

 

Estimated Increase / (Decrease)

STATE:

FY 2023

FY 2024

FY 2025

FY 2026

   Appropriation

$0

$0

$0

$0

   Revenue

$0

$0

$0

$0

   Expenditures

$0

Indeterminable

Indeterminable

Indeterminable

Funding Source:

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

 

 

 

 

 

METHODOLOGY:

This bill expands on the existing statute relative to the use of tree stands, observation blinds, and pit blinds, which carries an associated violation level offense. There is no method to determine how many charges, if any, would be brought as a result of this bill to determine the fiscal impact on expenditures.  The Judicial Branch has indicated the potential cost per case for violation/misdemeanor level offenses would be $122 in FY 2024 (not including appeals).

 

It is assumed any fiscal impact, if any, would occur after FY 2023.

 

AGENCIES CONTACTED:

Judicial Branch