04/17/03 1266s

04/17/03 1322s

17apr03... 1364eba

2003 SESSION

03-0732

08/10

HOUSE BILL 732-FN

COMMITTEE: Resources, Recreation and Development

This bill:

I. Requires the commissioner of the department of resources and economic development to establish a unified fine schedule and allows pleas to be entered by mail in lieu of court appearances.

II. Clarifies deceptive forestry business practices, and provides for the dissemination of information on the normal yield tax.

III. Establishes a commission to study setback requirements for septage, biosolids, and short paper fiber.

IV. Extends the temporary use of septage, biosolids, and short paper fiber by certain persons.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

12mar03... 0553h

04/17/03 1266s

04/17/03 1322s

17apr03... 1364eba

03-0732

08/10

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Three

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

43:1 New Section; Forestry; Fines. Amend RSA 227-G by inserting after section 5 the following new section:

227-G-5-a Fines.

I. The commissioner shall recommend a uniform fine schedule for any forestry law violation, which shall be submitted to the supreme court for its use under RSA 502-A:19-b, V.

II. Any person charged with a violation of any provision of title XIX-A, excluding any offense for which the penalty is a misdemeanor or felony, may plead guilty or nolo contendere by mail by entering a plea as provided in RSA 502-A:19-b. If the plea is accepted by the court, the defendant shall not be required to appear.

43:2 Deceptive Forestry Business Practices. Amend RSA 227-J:15 to read as follows:

227-J:15 Deceptive Forestry Business Practices.

I. A person is guilty of a class B felony if the loss is greater than $1,000 or otherwise guilty of a misdemeanor who in the course of buying and selling of a forest product, as defined under RSA 227-G:4, VII, recklessly:

(a) Uses or possesses for use a false weight or measure, or any other device for falsely determining or recording any quality or quantity as provided under RSA 438; or

(b) Sells, offers, or exposes for sale or delivers less than the represented quantity of any [commodity] forest product or service; or

(c) Takes or attempts to take more than the represented quantity of any [commodity] forest product or service when as buyer the person furnishes the weight or measure; or

(d) Sells, offers, or exposes for sale adulterated or mislabeled commodities; or

(e) Does not remunerate the owner of the timber for the value of the forest products pursuant to a written [or verbal] contract; or

(f) Does not furnish the owner, upon written request, with all scale slips to verify the amount of the forest products removed from the owner's property.

II. In this section, "adulterated" means varying from a standard of composition or quality prescribed by any statute providing criminal penalties for such variance, or set by established commercial usage. In this section, "mislabeled" means varying from a standard of truth or disclosure in labeling prescribed by any law providing criminal penalties for such variance, or set by established commercial usage. In this section, "scale slip" means a written or printed form or combination of forms which provide an accurate, readily understandable record of the measurement of the wood to which it relates and is prepared by the person who measured the wood.

43:3 Pleas by Mail. Amend the introductory paragraph of RSA 502-A:19-b to read as follows:

502-A:19-b Pleas by Mail; Procedure. In any case in which a defendant may, pursuant to RSA 149-M:17, II, RSA 206:34, RSA 262:44, [or] RSA 270:11-a, or RSA 227-G:5-a, enter a plea by mail in a district or municipal court, the following procedure shall be followed:

43:4 Pleas by Mail; Noncomputerized Courts. Amend RSA 502-A:19-b, I to read as follows:

I. Such defendant shall receive, in addition to his summons, a uniform fine schedule entitled "Notice of Fine, New Hampshire District and Municipal Courts" which shall contain the usual fines for violations of the provisions of title XXI on vehicles, excluding violations of RSA 265:79, 265:82 or any offense which is a misdemeanor or felony; the usual fines for violations of the provisions of RSA 270, 270-A, and 270-E, excluding any offense which is a misdemeanor or felony; [and] the usual fines for violations of the provisions of title XVIII on fish and game laws, excluding any offense which is a misdemeanor or felony; and the usual fines for violations of the provisions of title XIX-A on forestry laws, excluding any offense which is a misdemeanor or felony. The defendant shall be given a notice of fine indicating the amount of the fine plus penalty assessment at the time the summons is issued; except, if, for cause, the summoning authority wishes the defendant to appear personally. Defendants summoned to appear personally must do so on the arraignment date specified in the summons, unless otherwise ordered by the court. Defendants who are issued a summons and notice of fine and who wish to plead guilty or nolo contendere shall enter their plea on the summons and return it with payment of the fine plus penalty assessment to the division of motor vehicles within 30 days of the date of summons. Defendants in violation of the provisions of title XVIII shall be subject to the provisions of RSA 207:18 and RSA 214:19.

43:5 Pleas by Mail; Computerized Courts. Amend RSA 502-A:19-b, I to read as follows:

I. Such defendant shall receive, in addition to his summons, a uniform fine schedule entitled "Notice of Fine, New Hampshire District and Municipal Courts" which shall contain the usual fines for violations of the provisions of RSA 270, 270-A, and 270-E, excluding any offense which is a misdemeanor or felony; [and] the usual fines for violations of the provisions of title XVIII on fish and game laws, excluding any offense which is a misdemeanor or felony; and the usual fines for violations of the provisions of title XIX-A on forestry laws, excluding any offense which is a misdemeanor or felony. The defendant shall be given a notice of fine indicating the amount of the fine plus penalty assessment at the time the summons is issued; except, if, for cause, the summoning authority wishes the defendant to appear personally. Defendants summoned to appear personally must do so on the arraignment date specified in the summons, unless otherwise ordered by the court. Defendants who are issued a summons and notice of fine and who wish to plead guilty or nolo contendere shall enter their plea on the summons and return it with payment of the fine plus penalty assessment to the division of motor vehicles within 30 days of the date of summons. Defendants in violation of the provisions of title XVIII shall be subject to the provisions of RSA 207:18 and RSA 214:19.

43:6 Pleas by Mail. Amend RSA 502-A:19-b, II(b) to read as follows:

(b) Whenever a defendant otherwise fails to appear for a scheduled court appearance in connection with a summons for any violation level offense set forth in titles XIX-A, XVIII, XXI or XXII, the court shall proceed to hear the state's evidence, by offer of proof or otherwise, and enter a finding in accordance therewith. In the event a finding of guilty is made, the court shall set the fine, and the clerk shall forthwith mail or deliver to the defendant at the defendant's last known mailing address a notice of finding and imposition of fine form approved by the administrative judge of the district court, appointed pursuant to supreme court rule. Payment of the fine in full shall be required no later than 30 days from the date of said notice. Upon the failure of any defendant to remit said payment, the procedure required by subparagraph II(a) shall be followed by the court. No finding made by the court under this section shall be set aside except for good cause shown.

43:7 New Section; Guidance on Yield Tax. Amend RSA 79 by inserting after section 30 the following new section:

79:31 Guidance on Yield Tax.

I. The department of revenue administration shall make available on its internet site the average stumpage value list referenced in RSA 79:1, III(b).

II. The department shall prepare for persons responsible for payment of the normal yield tax an information guide on how local assessing officials determine the tax assessment. The guide shall include, among other matters, the internet address of the stumpage value list prepared by the department, and the process for appealing an assessment. The department shall make the guide available to the public on its internet site and by any other cost-effective means.

III. The department shall include on the intent to cut form, prior to the signature line of the owner, language that makes reference to the internet address of the information guide and to a department phone number where information on the 10 percent normal yield tax can be obtained.

43:8 Interim Dissemination of Information. The department of revenue administration shall immediately attempt to gain voluntary assistance, as is practical, from municipalities, foresters, and loggers to inform owners of the information sources detailed in RSA 79:31 concerning the normal yield tax.

43:9 Commission Established. There is established a commission to study setback requirements for land application of septage, biosolids, and short paper fiber.

43:10 Membership and Compensation.

I. The members of the commission shall be as follows:

(a) Two members of the senate, appointed by the president of the senate.

(b) Two members of the house of representatives, appointed by the speaker of the house of representatives.

(c) One member of the rivers management advisory committee, appointed by such committee.

(d) Two members selected by the Connecticut River Joint Commissions, Upper Merrimack River Local Advisory Committee, and Pemigewasset River Local Advisory Committee.

(e) One member from the New Hampshire Rivers Council, appointed by the council.

(f) One representative from the New Hampshire department of environmental services, rivers management and protection program, appointed by the commissioner of environmental services.

(g) One representative from the New Hampshire department of environmental services, sludge and septage program, appointed by the commissioner of environmental services.

(h) One representative from the New Hampshire department of agriculture, markets, and food, appointed by the commissioner of agriculture, markets, and food.

(i) One representative selected by the university of New Hampshire cooperative extension.

(j) One farmer selected by the New Hampshire Farm Bureau Federation.

(k) The executive director of the New Hampshire Farm Bureau Federation, or designee.

(l) One member from the New England Biosolids and Residuals Association (NEBRA), appointed by NEBRA.

(m) One member of a land application company, selected by NEBRA.

(n) One member of the Natural Resources Conservation Service, appointed by such organization.

II. Legislative members of the commission shall receive mileage at the legislative rate when attending to the duties of the commission.

43:11 Duties. The commission shall review literature and research on the effects of land application of septage, biosolids, and short paper fiber adjacent to surface waters, especially concerning surface run-off and water quality. The commission shall propose criteria for setbacks for land application of septage, biosolids, and short paper fiber from designated rivers in New Hampshire, or recommend specific studies to address gaps in existing research findings.

43:12 Chairperson; Quorum. The members of the study commission shall elect a chairperson from among the members. The first meeting of the commission shall be called by the first-named senate member. The first meeting of the commission shall be held within 45 days of the effective date of this section.

43:13 Report. The commission shall submit an interim report on or before November 1, 2003 and a final report on or before July 1, 2004 on its findings and any recommendations for proposed legislation to the senate president, the speaker of the house of representatives, the senate clerk, the house clerk, the governor, and the state library.

43:14 Sludge, Biosolids, and Short Paper Fiber; Temporary Use. Amend 1998, 56:6 to read as follows:

56:6 Temporary Use Authorization. The septage and sludge land application restrictions contained in RSA 483:9, VI(c), RSA 483:9-a, VII(b), RSA 483:9-aa, VII(b), and RSA 483:9-b, VII(b) shall not apply until [5 years after the effective date of this act] July 1, 2003 to any land upon which septage or sludge has been spread in accordance with all applicable rules adopted by the federal Environmental Protection Agency and the New Hampshire department of environmental services, during any portion of the 3-year period prior to January 1, 1998. In addition, there shall be no termination of this restriction exemption for qualifying land that is used for scientific research on septage or sludge. Any continued application of septage and sludge pursuant to this section shall comply with all applicable federal and state laws and any best management practices published by the university of New Hampshire cooperative extension.

43:15 Applicability; Pleas by Mail. Section 4 of this act shall apply only to courts which are not computerized in coordination with the division of motor vehicles. Section 5 of this act shall apply only to courts which are computerized in coordination with the division of motor vehicles.

43:16 Effective Date. This act shall take effect upon its passage.

(Approved: May 6, 2003)

(Effective Date: May 6, 2003)