reglab/statecodes huggingface dataset:
2023 New Hampshire Revised Statutes › Title XIX - Public Recreation › Chapter 217-A - New Hampshire Native Plant Protection › Section 217-A:4 - Investigation and Research.

217-A:4 Investigation and Research. –
The department shall conduct investigations on all species of plants and natural communities indigenous to and throughout this state necessary to develop information relating to population, distribution, habitat needs, limiting factors, and other biological and ecological data, and to determine protective measures and requirements necessary for their survival. The department may, at its discretion, withhold from any person information about the location and population of a species or natural community if it determines that disclosures of such information would threaten the survival of that or another species or natural community in any way.
Source.
1987, 220:1. 2010, 343:3, eff. Sept. 18, 2010.
2023 New Hampshire Revised Statutes › Title XIX - Public Recreation › Chapter 217-A - New Hampshire Native Plant Protection › Section 217-A:5 - Natural Heritage Inventory of Species Requiring Protection; Rulemaking.

217-A:5 Natural Heritage Inventory of Species Requiring Protection;  Rulemaking. –
I. The commissioner of the department shall, on the basis of research and investigations and other available scientific data on plant species, and after public hearing, adopt, pursuant to RSA 541-A, an inventory of plant species occurring in the state which are threatened by the loss, drastic modification, or severe curtailment of their habitats, their over-collection for aesthetic, commercial, educational, recreational, or scientific purposes, the effect on such species of disease, pollution, or predation, or other factor or combination of factors, natural or manmade.
II. The department, with the advice of the Natural Areas Council, shall make determinations required by paragraph I solely on the basis of the best scientific and commercial information available and after appropriate consultation with federal agencies, other interested state agencies, other states which have a common interest in the species, and interested persons and organizations. In determining whether any species of plant shall be a protected species, the department shall consider any present or future actions by the federal government, other states, agencies or political subdivisions of this state, or by any other person that may affect the species under consideration.
III. The department shall, by September 1, 1994, publish the rules adopted under RSA 541-A, including the natural heritage inventory. Such a list shall refer to the listed species by scientific and common name or names, if any.
IV. Excepting those species of plants determined to be endangered or threatened pursuant to the Endangered Species Act, the department shall determine whether any plant species should be listed as a protected species upon presentation of substantial evidence in the petition of any interested party. The department shall review each species listed as an endangered species or as a threatened species every 5 years to determine if the conditions that led to the original listing are still present.
Source.
1987, 220:1. 1993, 250:5, eff. June 15, 1993.
2023 New Hampshire Revised Statutes › Title XIX - Public Recreation › Chapter 217-A - New Hampshire Native Plant Protection › Section 217-A:6 - Conservation Programs.

217-A:6 Conservation Programs. –
I. The commissioner shall establish programs for the protection of species listed under RSA 217-A:5 and for exemplary natural communities. These programs may include methods for the acquisition of land and interests in land that the commissioner determines is necessary for the protection of such listed species or exemplary natural communities.
II. To administer this chapter, the department may enter into agreements with federal agencies, other states, agencies or political subdivisions of this state, or individuals or private organizations for administration and management of any program established under this section or utilized for the protection of listed plant species or exemplary natural communities.
III. The department is authorized to receive and expend funds, donations, grants, or other moneys, gifts, or bequests not exceeding $5,000, or exceeding $5,000 with the approval of the governor and council, to accomplish the purposes of this chapter.
IV. The department is authorized to acquire, by purchase or gift and after the approval of governor and council, real property for the purposes of this chapter.
Source.
1987, 220:1. 1993, 250:6. 2010, 343:4, eff. Sept. 18, 2010.
2023 New Hampshire Revised Statutes › Title XIX - Public Recreation › Chapter 217-A - New Hampshire Native Plant Protection › Section 217-A:7 - Cooperation with Other State Agencies.

217-A:7 Cooperation with Other State Agencies. –
All state agencies, consistent with their authority and responsibilities, shall assist and cooperate with the commissioner to carry out the purposes of this chapter. To the extent possible actions funded or carried out by state agencies shall not jeopardize the continued existence of any protected plant species or exemplary natural community.
Source.
1987, 220:1. 1993, 250:7. 2010, 343:5, eff. Sept. 18, 2010.
2023 New Hampshire Revised Statutes › Title XIX - Public Recreation › Chapter 217-A - New Hampshire Native Plant Protection › Section 217-A:7-a - Natural Heritage Bureau Fund Established.

217-A:7-a Natural Heritage Bureau Fund Established. –
I. The commissioner may charge a fee for screening department records for instances of protected species or environmental review, for using inventory and information services, and for publications and reports to recover the costs of providing products and services and a reasonable portion of the costs associated with building and maintaining the database.
II. Fees shall be sufficient to cover the costs of providing services and producing and providing products authorized by this chapter.
III. Fees shall be fixed in a schedule prepared and revised as necessary by the natural heritage bureau, approved by the commissioner, and established in rules adopted pursuant to RSA 541-A. The fees charged under this paragraph shall be deposited in the fund established in paragraph IV.
IV. There is hereby established in the office of the state treasurer a fund to be known as the natural heritage bureau fund. Moneys collected under this section and RSA 217-A:6, III shall be deposited in this fund. The fund shall be nonlapsing and continually appropriated to the commissioner for the purposes of providing environmental reviews, for the costs of providing publications or reports to the public, for the costs of providing inventory and information services, and to accomplish the purposes of this chapter.
Source.
2005, 236:7. 2010, 343:6, eff. Sept. 18, 2010.
2023 New Hampshire Revised Statutes › Title XIX - Public Recreation › Chapter 217-A - New Hampshire Native Plant Protection › Section 217-A:8 - Rulemaking.

217-A:8 Rulemaking. –
The commissioner of the department shall adopt rules, after public hearing and under RSA 541-A, relative to:
I. Criteria and procedures for listing endangered and threatened species under RSA 217-A:5.
II. Procedures for identifying exemplary natural communities.
III. Procedures for requests by persons or agencies for listing of plant species as endangered or threatened.
IV. Procedures for requests by persons or agencies for designating communities as exemplary.
V. Procedures for releasing information on listed plant species and exemplary natural communities.
VI. Conservation programs to protect endangered or threatened species and exemplary natural communities.
VII. Form and content of agreements with persons to protect endangered or threatened species and exemplary natural communities.
VIII. Procedures for application for and acceptance of funds for programs to protect endangered or threatened species and exemplary natural communities.
IX. Procedures for purchasing or accepting gifts of real property for purposes of this chapter.
X. Purposes for which exemptions may be granted under RSA 217-A:10, III.
XI. Administration of the fund established in RSA 217-A:7-a.
Source.
1987, 220:1. 1993, 250:8. 2005, 236:3. 2010, 343:7, eff. Sept. 18, 2010.
2023 New Hampshire Revised Statutes › Title XIX - Public Recreation › Chapter 217-A - New Hampshire Native Plant Protection › Section 217-A:9 - Prohibited Acts.

217-A:9 Prohibited Acts. –
I. It shall be a violation of this chapter for any person, other than the owner of private property on which the species listed under RSA 217-A:5 is located to:
(a) Export any protected species from the state.
(b) Import any protected species into the state.
(c) Transport any protected species within the state.
(d) Take, possess, sell, offer for sale, deliver, carry, transport or ship, by any means, any protected species from public highways, public property, waters of the state or from property of another without required and valid state or federal permits.
(e) Otherwise violate any rule adopted under RSA 217-A:8, relative to the conservation or protection of any species listed under RSA 217-A:5.
II. Nothing in this section shall limit the rights of private property owners to take state protected species or exemplary natural communities on their own lands.
III. The natural heritage bureau, except as provided in RSA 217-A:9, I shall act as an information resource program to assist and advise state and local agencies, and private sector development projects upon request.
Source.
1987, 220:1. 1993, 250:9. 2005, 236:4. 2010, 343:8, eff. Sept. 18, 2010.
2023 New Hampshire Revised Statutes › Title XIX - Public Recreation › Chapter 217-A - New Hampshire Native Plant Protection › Section 217-A:10 - Exemption.

217-A:10 Exemption. –
I. Nothing in this chapter or any rule adopted under this chapter shall interfere with any act authorized, permitted, or exempted by the Endangered Species Act or any regulation promulgated under that act.
II. Any protected plant species may be transported to, possessed at, and sold from a location certified by the New Hampshire department of agriculture, markets, and food under RSA 433:29, or a similar certification issued under the laws of another state.
III. The department may permit, under such terms and conditions as it may prescribe, any act otherwise prohibited by RSA 217-A:9 for scientific purposes, to enhance the propagation or survival of the affected species, or for the conservation of exemplary natural communities.
IV. No rule adopted by the department under the provisions of this chapter shall cause undue interference with normal agriculture or silvicultural practices.
Source.
1987, 220:1. 1995, 130:4. 2008, 9:1. 2010, 343:9, eff. Sept. 18, 2010.
2023 New Hampshire Revised Statutes › Title XIX - Public Recreation › Chapter 217-A - New Hampshire Native Plant Protection › Section 217-A:11 - Penalty.

217-A:11 Penalty. –
Any person violating the provisions of this chapter or any rule adopted under this chapter shall be guilty of a violation. Each such prohibited act with respect to each plant shall constitute a separate violation.
Source.
1987, 220:1, eff. May 18, 1987.
2023 New Hampshire Revised Statutes › Title XIX - Public Recreation › Chapter 217-A - New Hampshire Native Plant Protection › Section 217-A:12 - Enforcement.

217-A:12 Enforcement. –
I. Any peace officer shall have the authority to enforce this chapter, and may:
(a) Conduct searches as provided by law, and execute a warrant to search for and seize any equipment, business records, merchandise, or plants taken, possessed, transported, sold, offered for sale, bartered, shipped, or otherwise used in connection with any violation of this chapter.
(b) Arrest any person, without a warrant, who the officer has probable cause to believe is violating this chapter or any rule adopted under this chapter.
(c) At the time of arrest of any person in connection with any violation, search the person, premises, or business records and seize any plants, records, or property taken or used in connection with any alleged violation.
II. Any warrant for the arrest of a person shall be issued upon sworn complaint as in other criminal cases, and any search warrant shall be issued only upon a written showing of probable cause, supported by oath or affirmation, describing the places to be searched and the persons or things to be seized.
III. Equipment, merchandise, plants, or records seized under paragraph I shall be held by any peace officer pending disposition of court proceedings, and thereafter shall be forfeited to the state for disposition as the department may deem appropriate. The department may direct the transfer of plants so seized to a qualified biological or to a botanical, educational, or scientific institution for identification, safekeeping, and preservation for court proceedings. Upon conviction of the person or persons from whom the seizure was made, the court shall assess the costs of transfer and safekeeping on the convicted person and shall declare all plant materials seized forfeited to this state. Such items shall be deposited in a herbarium approved by the department, or, if alive, shall be used for scientific, propagative, or educational purposes or returned to their wild habitat.
Source.
1987, 220:1, eff. May 18, 1987.
2023 New Hampshire Revised Statutes › Title XIX - Public Recreation › Chapter 217-B - Freedom's Way Heritage Area and Commission › Section 217-B:1 - Freedom's Way Heritage Area Established.

217-B:1 Freedom's Way Heritage Area Established. –
There is hereby established the freedom's way heritage area, hereinafter referred to as the area, which shall include the cities and towns of Amherst, Brookline, Greenville, Hollis, Mason, Milford, Merrimack, Nashua, and New Ipswich. The purpose of such designation shall be to recognize the significant historic, cultural, and natural resources of the area and to preserve and interpret them for the education and inspiration of present and future generations. Nothing in this chapter shall be construed to limit the rights of private property owners or of the cities and towns in the area to develop the lands, buildings, and resources in the manner they determine appropriate. It is the purpose of this chapter to provide a management framework to assist the state and the area's municipalities in the development and implementation of integrated cultural, historical, land, and water resource management programs in cooperation with the federal government and the state in order to retain, enhance, and interpret the significant values of the natural and cultural resources in the area.
Source.
2007, 61:1, eff. June 1, 2007.
2023 New Hampshire Revised Statutes › Title XIX - Public Recreation › Chapter 217-B - Freedom's Way Heritage Area and Commission › Section 217-B:2 - to 217-B:4 Repealed by 2010, 368:1(25), eff. Dec. 31, 2010.

217-B:2 to 217-B:4 Repealed by 2010, 368:1(25), eff. Dec. 31, 2010. –
2023 New Hampshire Revised Statutes › Title XIX - Public Recreation › Chapter 218 - Director of Parks and Recreation › Section 218:5-b - Discounts; Division of Parks and Recreation.

218:5-b Discounts;  Division of Parks and Recreation. –
The director of the division of parks and recreation is hereby instructed to issue day use coupon books reflecting a 20 percent discount from the usual rates charged at state parks during the summer months.
Source.
1973, 503:1. 1977, 384:3, eff. Sept. 3, 1977.
2023 New Hampshire Revised Statutes › Title XIX - Public Recreation › Chapter 218 - Director of Parks and Recreation › Section 218:5-c - Admission Without Charge.

218:5-c Admission Without Charge. –
Any person who is a resident of this state and who has attained the age of 65 shall, upon proper identification, be admitted to any state recreation area, including but not limited to parks, historical sites, beaches, and state-operated ski areas, without charge. Persons qualifying under this section shall be allowed to use any state owned facility within the recreation area without charge for the use of the facility, except persons qualifying under this section shall be charged the usual fee for the use of so-called "uphill devices" on Saturdays and Sundays. Provided further that other special charges at state owned recreation areas, such as fees charged for parking at parking meters, shall be charged persons qualifying under this section at the usual rates. The provisions of this section shall not apply to state owned campsites or camping areas or state-owned ski areas operated by a lessee.
Source.
1977, 384:4. 1998, 134:1, eff. June 5, 1998.
2023 New Hampshire Revised Statutes › Title XIX - Public Recreation › Chapter 218 - Director of Parks and Recreation › Section 218:6 - Procuring Insurance.

218:6 Procuring Insurance. –
The director of the division of parks and recreation, subject to the approval of the commissioner of natural and cultural resources, shall have power to protect merchandise purchased for resale situated in the forestry and recreation building at Franconia Notch, Franconia, New Hampshire, against fire and water damage, and such insurance shall be purchased through the department of administrative services, division of procurement and support services.
Source.
1951, 98:1. RSA 218:6. 1994, 158:13, eff. May 23, 1994. 2014, 327:56, eff. Aug. 2, 2014. 2017, 156:14, I, eff. July 1, 2017.
2023 New Hampshire Revised Statutes › Title XIX - Public Recreation › Chapter 218 - Director of Parks and Recreation › Section 218:7 - to 218:15 Repealed by 1995, 299:19, VI, eff. Jan. 1, 1996.

218:7 to 218:15 Repealed by 1995, 299:19, VI, eff. Jan. 1, 1996. –
2023 New Hampshire Revised Statutes › Title XIX - Public Recreation › Chapter 218 - Director of Parks and Recreation › Section 218:16 - Passes.

218:16 Passes. –
In recognition of promotional or reciprocal cooperation, the director of parks and recreation, with the approval of the commissioner, may grant or permit the Cannon Mountain manager to grant special daily or seasonal passes to persons to use recreational or other areas under his or her jurisdiction under the following conditions: no more than one such pass, including not more than one other person, shall be assigned to an individual and use of the same shall not be transferable to others than members of the family of said recipient. Any pass of seasonal duration shall include individualized identification. The commissioner shall establish other conditions for the issuance of said passes and the director shall cancel said passes for any violation of said conditions.
Source.
1967, 352:3, eff. July 3, 1967. 2016, 207:6, eff. June 6, 2016.
2023 New Hampshire Revised Statutes › Title XIX - Public Recreation › Chapter 219 - Purchasing Authority; Expenses › Section 219:1 - to 219:6 Repealed by 1995, 299:19, VII, eff. Jan. 1, 1996.

219:1 to 219:6 Repealed by 1995, 299:19, VII, eff. Jan. 1, 1996. –
2023 New Hampshire Revised Statutes › Title XIX - Public Recreation › Chapter 219 - Purchasing Authority; Expenses › Section 219:11-a, 219:11-b - Repealed by 1995, 299:19, VIII, eff. Jan. 1, 1996.

219:11-a, 219:11-b Repealed by 1995, 299:19, VIII, eff. Jan. 1, 1996. –
2023 New Hampshire Revised Statutes › Title XIX - Public Recreation › Chapter 219 - Purchasing Authority; Expenses › Section 219:13, 219:14 - Repealed by 1995, 299:19, IX, eff. Jan. 1, 1996.

219:13, 219:14 Repealed by 1995, 299:19, IX, eff. Jan. 1, 1996. –
2023 New Hampshire Revised Statutes › Title XIX - Public Recreation › Chapter 219 - Purchasing Authority; Expenses › Section 219:16 - to 219:18 Repealed by 1995, 299:19, X, eff. Jan. 1, 1996.

219:16 to 219:18 Repealed by 1995, 299:19, X, eff. Jan. 1, 1996. –
2023 New Hampshire Revised Statutes › Title XIX - Public Recreation › Chapter 219 - Purchasing Authority; Expenses › Section 219:21 - Purchases and Certain Expenses.

219:21 Purchases and Certain Expenses. –
I. The commissioner of natural and cultural resources may purchase such merchandise for resale and such operating supplies and materials as may be necessary for the operation of the department of natural and cultural resources. Items for resale may be purchased in accordance with RSA 21-I:18. All operating supplies and materials shall be purchased through the department of administrative services, division of procurement and support services. Such purchases shall be a charge upon an inventory account established upon recommendation of the commissioner of administrative services and approved by the governor and council. The commissioner shall report monthly to the commissioner of administrative services the value of issues out of inventory and the appropriation account to be charged therefor. The inventory account shall be credited with issues out of inventory. Such purchases shall be a charge upon an inventory account maintained in the office of the commissioner of administrative services and the state treasurer, upon presentation by the commissioner of administrative services of manifests covering such merchandise, supplies and materials, is authorized to pay the same from any money in the treasury not otherwise appropriated.
II. The operating costs of the ski school, ski rental and repair, souvenir, and food services concessions at Cannon Mountain ski area and all state parks shall be a direct charge against gross sales receipts. RSA 186-B:9-15 shall not apply to these facilities, but the department of natural and cultural resources may contract for the operation of these facilities with the blind services program, bureau of vocational rehabilitation or any other party to insure maximum benefits and revenues to the state of New Hampshire. The director of parks and recreation under RSA 216-A:2 shall make the purchases for Cannon Mountain ski operations.
Source.
1953, 216:2. RSA 219:21. 1963, 210:1. 1985, 399:3, I. 1989, 231:1. 1991, 40:4. 1994, 379:16. 1996, 210:10, eff. June 10, 1996. 2014, 327:57, eff. Aug. 2, 2014. 2016, 207:2, eff. June 6, 2016. 2017, 156:14, I, eff. July 1, 2017.
2023 New Hampshire Revised Statutes › Title XIX - Public Recreation › Chapter 219 - Purchasing Authority; Expenses › Section 219:22 - to 219:24-a Repealed by 1995, 299:19, XI, eff. Jan. 1, 1996.

219:22 to 219:24-a Repealed by 1995, 299:19, XI, eff. Jan. 1, 1996. –
2023 New Hampshire Revised Statutes › Title XIX - Public Recreation › Chapter 219 - Purchasing Authority; Expenses › Section 219:29 - to 219:31 Repealed by 1995, 299:19, XII, eff. Jan. 1, 1995.

219:29 to 219:31 Repealed by 1995, 299:19, XII, eff. Jan. 1, 1995. –
2023 New Hampshire Revised Statutes › Title XIX - Public Recreation › Chapter 221 - Reforestation of Land › Section 221:3 - to 221:6 Repealed by 1977, 390:5, II, eff. Sept. 3, 1977.

221:3 to 221:6 Repealed by 1977, 390:5, II, eff. Sept. 3, 1977. –
2023 New Hampshire Revised Statutes › Title XIX - Public Recreation › Chapter 221 - Reforestation of Land › Section 221:9 - to 221:11 Repealed by 1977, 390:5, III, eff. Sept. 3, 1977.

221:9 to 221:11 Repealed by 1977, 390:5, III, eff. Sept. 3, 1977. –
2023 New Hampshire Revised Statutes › Title XIX - Public Recreation › Chapter 221 - Reforestation of Land › Section 221:12 - to 221:17 Repealed by 1977, 390:5, III, eff. Sept. 3, 1977.

221:12 to 221:17 Repealed by 1977, 390:5, III, eff. Sept. 3, 1977. –
2023 New Hampshire Revised Statutes › Title XIX - Public Recreation › Chapter 221 - Reforestation of Land › Section 221:20 - to 221:22 Repealed by 1995, 299:19, XV, eff. Jan. 1, 1996.

221:20 to 221:22 Repealed by 1995, 299:19, XV, eff. Jan. 1, 1996. –
2023 New Hampshire Revised Statutes › Title XIX - Public Recreation › Chapter 225-A - Skiers, Ski Area and Passenger Tramway Safety › Section 225-A:1 - Declaration of Policy.

225-A:1 Declaration of Policy. –
The state of New Hampshire finds that the sports of skiing, snowboarding, snow tubing, and snowshoeing are practiced by a large number of citizens of the state of New Hampshire, and also that skiing, snowboarding, snow tubing, and snowshoeing attract to the state of New Hampshire large numbers of nonresidents significantly contributing to the economy of New Hampshire. Therefore, it shall be the policy of the state of New Hampshire to protect its citizens and visitors from unnecessary mechanical hazards in the operation of ski tows, lifts, nordic ski jumps and passenger tramways, to ensure that proper design and construction are used, that board accepted safety devices and sufficient personnel are provided for, and that periodic inspections and adjustments are made which are deemed essential to the safe operation of ski tows, ski lifts, nordic ski jumps and passenger tramways. The primary responsibility for operation, construction, maintenance and inspection rests with the operators of such passenger tramway devices. The state, through its passenger tramway safety board, as hereinafter provided, shall register all ski lift devices and nordic ski jumps, establish reasonable standards of design and operational practices, and make such independent inspections as may be necessary in carrying out this policy. Further, it shall be the policy of the state of New Hampshire to define the primary areas of responsibility of skiers and other users of alpine (downhill) and nordic (cross country and nordic ski jumps) areas, recognizing that the sport of skiing and other ski area activities involve risks and hazards which must be assumed as a matter of law by those engaging in such activities, regardless of all safety measures taken by the ski area operators.
Source.
1957, 254:1. 1959, 299:1. 1978, 13:2. 1979, 207:1. 1987, 124:6, I(b). 1988, 151:14. 2005, 145:1, eff. July 1, 2005.
2023 New Hampshire Revised Statutes › Title XIX - Public Recreation › Chapter 225-A - Skiers, Ski Area and Passenger Tramway Safety › Section 225-A:1-a - Administratively Attached.

225-A:1-a Administratively Attached. –
The passenger tramway safety board shall be an administratively attached agency, under RSA 21-G:10, to the department of safety.
Source.
1988, 151:1, eff. June 20, 1988. 2011, 224:240, eff. July 1, 2011.
2023 New Hampshire Revised Statutes › Title XIX - Public Recreation › Chapter 225-A - Skiers, Ski Area and Passenger Tramway Safety › Section 225-A:3 - Repealed by 1987, 124:26, IV, eff. July 1, 1987.

225-A:3 Repealed by 1987, 124:26, IV, eff. July 1, 1987. –
2023 New Hampshire Revised Statutes › Title XIX - Public Recreation › Chapter 225-A - Skiers, Ski Area and Passenger Tramway Safety › Section 225-A:3-a - Passenger Tramway Safety Board.

225-A:3-a Passenger Tramway Safety Board. –
There shall be a passenger tramway safety board of 4 appointive members. The appointive members shall be appointed by the governor, with the advice and consent of the council, from persons representing the following interests: one member who operates a "surface lift" as described in RSA 225-A:2, I(e)-(g) only and one member from the cable and other passenger carrying devices industry, and in making such appointments consideration shall be given to recommendations made by members of the industry, so that both the devices which pull skiers riding on skis and the devices which transport passengers in cars or chairs shall have proper representation; one member to represent the public at large; and one member to represent insurance companies which engage in insuring passenger tramway operations, and in appointing such member consideration shall be given to recommendations made by such insurance companies. The authority of such board shall not extend to any other matter relative to the operation of a ski area.
Source.
1988, 151:3, eff. June 20, 1988. 2011, 224:242, eff. July 1, 2011.
2023 New Hampshire Revised Statutes › Title XIX - Public Recreation › Chapter 225-A - Skiers, Ski Area and Passenger Tramway Safety › Section 225-A:4 - Repealed by 1987, 124:26, IV, eff. July 1, 1987.

225-A:4 Repealed by 1987, 124:26, IV, eff. July 1, 1987. –
2023 New Hampshire Revised Statutes › Title XIX - Public Recreation › Chapter 225-A - Skiers, Ski Area and Passenger Tramway Safety › Section 225-A:4-a - Term of Office.

225-A:4-a Term of Office. –
Of the first appointments under this section one member shall be appointed for a term of one year, one for a term of 2 years, one for a term of 3 years and one for a term of 4 years, and until their successors are appointed and qualified, and thereafter each of the appointed members shall be appointed for a term of 4 years and until his successor is appointed and qualified. Vacancies in the board shall be filled for the unexpired term.
Source.
1988, 151:4, eff. June 20, 1988.
2023 New Hampshire Revised Statutes › Title XIX - Public Recreation › Chapter 225-A - Skiers, Ski Area and Passenger Tramway Safety › Section 225-A:5 - Repealed by 1987, 124:26, IV, eff. July 1, 1987.

225-A:5 Repealed by 1987, 124:26, IV, eff. July 1, 1987. –
2023 New Hampshire Revised Statutes › Title XIX - Public Recreation › Chapter 225-A - Skiers, Ski Area and Passenger Tramway Safety › Section 225-A:5-a - Removal.

225-A:5-a Removal. –
The appointive members of the board may only be removed from office as provided in RSA 4:1.
Source.
1988, 151:5, eff. June 20, 1988.
2023 New Hampshire Revised Statutes › Title XIX - Public Recreation › Chapter 225-A - Skiers, Ski Area and Passenger Tramway Safety › Section 225-A:6 - Repealed by 1987, 124:26, IV, eff. July 1, 1987.

225-A:6 Repealed by 1987, 124:26, IV, eff. July 1, 1987. –
2023 New Hampshire Revised Statutes › Title XIX - Public Recreation › Chapter 225-A - Skiers, Ski Area and Passenger Tramway Safety › Section 225-A:6-a - Compensation.

225-A:6-a Compensation. –
The appointive members of the board shall serve without compensation, but shall be reimbursed for their reasonable expenses incurred in official duties.
Source.
1988, 151:6, eff. June 20, 1988.
2023 New Hampshire Revised Statutes › Title XIX - Public Recreation › Chapter 225-A - Skiers, Ski Area and Passenger Tramway Safety › Section 225-A:7 - Repealed by 1987, 124:26, IV, eff. July 1, 1987.

225-A:7 Repealed by 1987, 124:26, IV, eff. July 1, 1987. –
2023 New Hampshire Revised Statutes › Title XIX - Public Recreation › Chapter 225-A - Skiers, Ski Area and Passenger Tramway Safety › Section 225-A:7-a - Records.

225-A:7-a Records. –
The department shall provide the board with such office and clerical assistance as may be necessary to carry on the work of the board, in accordance with RSA 225-A:1-a. The department shall also preserve the records, codes, inspection reports, and business records of the board.
Source.
1988, 151:7, eff. June 20, 1988.
2023 New Hampshire Revised Statutes › Title XIX - Public Recreation › Chapter 225-A - Skiers, Ski Area and Passenger Tramway Safety › Section 225-A:8 - Rulemaking.

225-A:8 Rulemaking. –
The board with the approval of the commissioner of safety shall adopt, under RSA 541-A, rules after public hearing, relating to public safety in the construction, operation and maintenance of passenger tramways. The rules shall be in accordance with established standards, if any, and shall not be discriminatory in their application to operators of passenger tramways. The board shall also give notice of any public hearing under RSA 541-A for such rules by first class mail to each registered operator at least 14 days before the hearing.
Source.
1957, 254:1. 1987, 124:13. 1988, 151:8. 2006, 24:1, eff. May 30, 2006.
2023 New Hampshire Revised Statutes › Title XIX - Public Recreation › Chapter 225-A - Skiers, Ski Area and Passenger Tramway Safety › Section 225-A:9 - Repealed by 1987, 124:26, IV, eff. July 1, 1987.

225-A:9 Repealed by 1987, 124:26, IV, eff. July 1, 1987. –
2023 New Hampshire Revised Statutes › Title XIX - Public Recreation › Chapter 225-A - Skiers, Ski Area and Passenger Tramway Safety › Section 225-A:9-a - Declaratory Judgment.

225-A:9-a Declaratory Judgment. –
The validity or reasonableness of any rule adopted by the board may be judicially determined upon a petition to the superior court for declaratory judgment, brought within 30 days after the effective date of such rule. The court shall hear the petition and render a declaratory judgment only when it appears that the rule, or its threatened application, interferes with or impairs or threatens to interfere with or impair the legal rights and privileges of the petitioner. In rendering judgment the court shall give effect to any pertinent constitutional limitations upon the powers of the board, the limits of the authority and jurisdiction of the board as conferred under this chapter, and the procedural requirements of this chapter.
Source.
1988, 151:9, eff. June 20, 1988.
2023 New Hampshire Revised Statutes › Title XIX - Public Recreation › Chapter 225-A - Skiers, Ski Area and Passenger Tramway Safety › Section 225-A:10 - Inspections.

225-A:10 Inspections. –
The department may make such inspection of the construction, operation and maintenance of passenger tramways as the board may reasonably require. The department may, at its own expense, employ other qualified engineers to make such inspections.
Source.
1957, 254:1, eff. July 29, 1957.
2023 New Hampshire Revised Statutes › Title XIX - Public Recreation › Chapter 225-A - Skiers, Ski Area and Passenger Tramway Safety › Section 225-A:10-a - Review of Plans and Specifications.

225-A:10-a Review of Plans and Specifications. –
Prior to the construction of a new, or the alteration of an existing, passenger tramway, the operator or prospective operator shall submit plans and specifications to the department. The department may make recommendations relative to safety of the layout and equipment, but such recommendation shall not relieve the operator or prospective operator of his primary responsibility as set forth in RSA 225-A:1.
Source.
1963, 53:8, eff. July 1, 1963.
2023 New Hampshire Revised Statutes › Title XIX - Public Recreation › Chapter 225-A - Skiers, Ski Area and Passenger Tramway Safety › Section 225-A:11 - Repealed by 1973, 52:5, eff. May 23, 1973.

225-A:11 Repealed by 1973, 52:5, eff. May 23, 1973. –
2023 New Hampshire Revised Statutes › Title XIX - Public Recreation › Chapter 225-A - Skiers, Ski Area and Passenger Tramway Safety › Section 225-A:12 - Inspection Reports.

225-A:12 Inspection Reports. –
If, as the result of an inspection, it is found that a violation of the board's rules, regulations or code exists, or a condition in passenger tramway construction, operation or maintenance exists endangering the safety of the public, an immediate report shall be made to the board for appropriate investigation and order.
Source.
1957, 254:1. 1987, 124:6, I(b). 1988, 151:14, eff. June 20, 1988.
2023 New Hampshire Revised Statutes › Title XIX - Public Recreation › Chapter 225-A - Skiers, Ski Area and Passenger Tramway Safety › Section 225-A:13 - Complaints.

225-A:13 Complaints. –
Any person may make written complaint to the board setting forth any thing or act claimed to be done or omitted to be done by any registered operator which is alleged to be in violation of any rule, regulation or code adopted by the board, or setting forth any condition in passenger tramway construction, operation or maintenance which is alleged to endanger the safety of the public. Thereupon the board shall cause a copy of said complaint to be forwarded to the registered operator complained of, which may be accompanied by an order requiring that the matters complained of be answered in writing within a time to be specified by the board. The board may investigate the matter complained of if it shall appear to the board that there are reasonable grounds therefor.
Source.
1957, 254:1. 1987, 124:6, I(b). 1988, 151:14, eff. June 20, 1988.
2023 New Hampshire Revised Statutes › Title XIX - Public Recreation › Chapter 225-A - Skiers, Ski Area and Passenger Tramway Safety › Section 225-A:14 - Registration Required.

225-A:14 Registration Required. –
No passenger tramway shall be operated in this state unless the operator thereof was registered by the board.
Source.
1957, 254:1. 1959, 299:2. 1987, 124:6, I(b). 1988, 151:14, eff. June 20, 1988.
2023 New Hampshire Revised Statutes › Title XIX - Public Recreation › Chapter 225-A - Skiers, Ski Area and Passenger Tramway Safety › Section 225-A:15 - Application for Registration.

225-A:15 Application for Registration. –
On or before November 1 of each year every operator of a passenger tramway shall apply to the board, on forms prepared by it, for registration hereunder. The application shall contain such information as the board may reasonably require.
Source.
1957, 254:1. 1959, 299:3. 1963, 53:4. 1987, 124:6, I(b). 1988, 151:14, eff. June 20, 1988.
2023 New Hampshire Revised Statutes › Title XIX - Public Recreation › Chapter 225-A - Skiers, Ski Area and Passenger Tramway Safety › Section 225-A:16 - Fees.

225-A:16 Fees. –
The application for registration shall be accompanied by the applicable annual fees to cover the costs of administering this chapter. The fees for registration shall be set by the board by rule adopted pursuant to RSA 541-A.
Source.
1957, 254:1. 1972, 29:1. 1977, 563:28. 1985, 347:1. 1988, 151:14. 2003, 191:1, eff. June 30, 2003.
2023 New Hampshire Revised Statutes › Title XIX - Public Recreation › Chapter 225-A - Skiers, Ski Area and Passenger Tramway Safety › Section 225-A:17 - Registration.

225-A:17 Registration. –
The board, if satisfied with the facts stated in the application, shall issue a registration certificate to the operator. Each registration shall expire on October 31 next following the day of its issue.
Source.
1957, 254:1. 1959, 299:4. 1963 53:5. 1987, 124:6, I(b). 1988, 151:14, eff. June 20, 1988.
2023 New Hampshire Revised Statutes › Title XIX - Public Recreation › Chapter 225-A - Skiers, Ski Area and Passenger Tramway Safety › Section 225-A:18 - Fees.

225-A:18 Fees. –
All fees collected by the board hereunder shall be credited to the special appropriation for the department to be expended for purposes of this chapter.
Source.
1957, 254:1. 1987, 124:6, I(b). 1988, 151:14, eff. June 20, 1988.
2023 New Hampshire Revised Statutes › Title XIX - Public Recreation › Chapter 225-A - Skiers, Ski Area and Passenger Tramway Safety › Section 225-A:18-a - Emergency Shut-down.

225-A:18-a Emergency Shut-down. –
When facts are presented to the board, or to any member thereof, tending to show that an unreasonable hazard exists in the continued operation of a tramway, the board or member, after such verification of said facts as is practical under the circumstances and consistent with the public safety, may, by an emergency order require the operator of said tramway forthwith to cease using the same for the transportation of passengers. Such emergency order shall be in writing and notice thereof may be served by any person upon the operator or his agent immediately in control of said tramway by a true and attested copy of such order, the return of such service to be shown by an affidavit on the back thereof. Such emergency order shall be effective for a period not to exceed 48 hours from the time of service. Immediately after the issuance of an emergency order hereunder, the board shall conduct an investigation into the facts of the case as contemplated in RSA 225-A:19, and shall take such action under said RSA 225-A:19 as may be appropriate.
Source.
1959, 299:5. 1987, 124:6, I(b). 1988, 151:14, eff. June 20, 1988.
2023 New Hampshire Revised Statutes › Title XIX - Public Recreation › Chapter 225-A - Skiers, Ski Area and Passenger Tramway Safety › Section 225-A:19 - Orders.

225-A:19 Orders. –
If, after investigation, the commissioner of safety or the board finds that a violation of any of the rules exists, or that there is a condition in passenger tramway construction, operation or maintenance endangering the safety of the public, either the commissioner of safety or the board shall forthwith issue a written order setting forth his or its findings, the corrective action to be taken, and fixing a reasonable time for compliance therewith. Such order shall be served upon the operator involved by registered mail, and shall become final, unless the operator shall apply to the board for a hearing in the manner hereinafter provided.
Source.
1957, 254:1. 1987, 124:14. 1988, 151:10, eff. June 20, 1988.
2023 New Hampshire Revised Statutes › Title XIX - Public Recreation › Chapter 225-A - Skiers, Ski Area and Passenger Tramway Safety › Section 225-A:19-a - Operation Forbidden.

225-A:19-a Operation Forbidden. –
If in any such case the commissioner of safety or the board is of the opinion that the public safety would be endangered by the use of the tramway for the transportation of passengers prior to the taking of some or all of such corrective action, he or it shall so state in said order, and shall require in said order that the tramway shall not be so used until specified corrective action shall have been taken. From and after receipt of the order by the operator said tramway shall not be used for the transportation of passengers without the approval of the commissioner of safety or the board. Application for a hearing before the board shall not have the effect of suspending said order. Operation of the tramway following receipt of such order may be enjoined by the superior court.
Source.
1959, 299:6. 1987, 124:6, I(b). 1988, 151:11, eff. June 20, 1988.
2023 New Hampshire Revised Statutes › Title XIX - Public Recreation › Chapter 225-A - Skiers, Ski Area and Passenger Tramway Safety › Section 225-A:20 - Hearing.

225-A:20 Hearing. –
Any such operator, who is aggrieved by any such order, may, within 10 days after the service of such order upon him as hereinbefore provided, apply to the board for a review of such order. It shall be the duty of the board to hear the same at the earliest convenient date. At such hearing the operator shall have the right to be heard personally or by counsel, to cross-examine witnesses appearing against him, and to produce evidence in his own behalf. After such hearing, the board shall report its findings in writing to the commissioner of safety and make such order as the facts may require.
Source.
1957, 254:1. 1987, 124:6, I(b). 1988, 151:12, eff. June 20, 1988.
2023 New Hampshire Revised Statutes › Title XIX - Public Recreation › Chapter 225-A - Skiers, Ski Area and Passenger Tramway Safety › Section 225-A:21 - Appeal.

225-A:21 Appeal. –
Any such operator, who is aggrieved by any such post-hearing order of the board, may, within 14 days after the entry thereof, appeal therefrom to the superior court. No such appeal shall suspend the operation of the order made by the board; provided that the superior court may suspend the order of the board pending the determination of such appeal whenever, in the opinion of the court, justice may require such suspension. The superior court shall hear such appeal at the earliest convenient day and shall make such decree as justice may require.
Source.
1957, 254:1. 1987, 124:6, I(b). 1988, 151:14, eff. June 20, 1988.
2023 New Hampshire Revised Statutes › Title XIX - Public Recreation › Chapter 225-A - Skiers, Ski Area and Passenger Tramway Safety › Section 225-A:22 - Suspension of Registration.

225-A:22 Suspension of Registration. –
If any such operator fails to comply with the lawful order of the board issued under RSA 225-A:19 and 20 and within the time fixed thereby, the board may suspend the registration of such operator for such time as it may consider necessary for the protection of the safety of the public.
Source.
1957, 254:1. 1987, 124:6, I(b). 1988, 151:14, eff. June 20, 1988.
2023 New Hampshire Revised Statutes › Title XIX - Public Recreation › Chapter 225-A - Skiers, Ski Area and Passenger Tramway Safety › Section 225-A:25 - Insurance; Limitations.

225-A:25 Insurance;  Limitations. –
I. Unless an operator of a passenger tramway is in violation of this chapter or the rules of the board, which violation is causal of the injury complained of, no action shall lie against any operator by any passenger or his or her representative; this prohibition shall not, however, prevent the maintenance of an action against an operator for negligent operation, construction, or maintenance of the passenger tramway itself.
II. Except as limited by paragraph III, each operator of a passenger tramway shall maintain liability insurance with limits of not less than $300,000 per accident.
III. The requirements of paragraph II shall not apply to an operator of a passenger tramway which is not open to the general public and operated without charge to users. Nonprofit ski clubs, outing clubs, or other similar organizations, which are operators of rope or wire rope tows shall also be excepted from the requirements of paragraph II if the organization's bylaws so provide, each member of the organization is provided with a copy of such bylaws, and use of the rope or wire rope tows operated by the organization is restricted to members of that organization. This paragraph shall not relieve the state or any political subdivision operating a rope or wire rope tow from the requirement of maintaining liability insurance in accordance with paragraph II.
IV. No action shall be maintained against any operator for injuries to any skier or passenger unless the same is commenced within 2 years from the time of injury provided, however, that as a condition precedent thereof the operator shall be notified by certified return receipt mail within 90 days of said injury. The venue of any action against an operator shall be in the county where the ski area is located and not otherwise.
V. No ski area operator shall be held responsible for ensuring the safety of, or for damages including injury or death resulting to, skiers or other persons who utilize the facilities of a ski area to access terrain outside open and designated ski trails. Ski areas shall not be liable for damages, including injury or death, to persons who venture beyond such open and designated ski trails.
VI. A ski area operator owes no duty to anyone who trespasses on the ski area property.
Source.
1965, 241:2. 1973, 52:2. 1978, 13:5. 1981, 112:1. 1987, 124:6, I(b). 1988, 151:14. 2005, 145:6-8, eff. July 1, 2005.
2023 New Hampshire Revised Statutes › Title XIX - Public Recreation › Chapter 225-A - Skiers, Ski Area and Passenger Tramway Safety › Section 225-A:26 - Penalty.

225-A:26 Penalty. –
Any person convicted of operating a passenger tramway without having been registered by the board, or violating this chapter or rules of the board shall be guilty of a violation if a natural person, or guilty of a misdemeanor if any other person. Any operator who operates after his registration has been suspended by the board, shall be guilty of a violation for each day of illegal operation.
Source.
1965, 241:2. 1969, 220:1; 378:1; 414:2, 3. 1973, 52:4. 1978, 13:5. 1987, 124:15. 1988, 151:14, eff. June 20, 1988.
2023 New Hampshire Revised Statutes › Title XIX - Public Recreation › Chapter 227 - Aerial Tramways › Section 227:1 - Powers.

227:1 Powers. –
The department of natural and cultural resources shall have power (1) to construct, maintain, reconstruct and operate an aerial tramway on Cannon Mountain in Franconia Notch; (2) to acquire, hold, and dispose of personal property for the purposes hereof; (3) to acquire in the name of the state, by purchase, condemnation, lease or otherwise, real property and rights or easements therein, deemed by it necessary or desirable for the purposes hereof, and to use such property; (4) to acquire any such real property by the exercise of the power of condemnation in the manner provided in RSA 4:29-39; (5) to charge and collect fees, fares and tolls for carriage and other services made available in connection with the tramway; (6) to make contracts on behalf of the state, with the United States, other states, public corporations or bodies existing therein, and private corporations and individuals; (7) to accept grants, permits and cooperation from the United States or any agency thereof in the construction, maintenance, reconstruction, operation, and financing of the tramway and its appurtenances and to do any and all things necessary in order to avail itself of such aid and cooperation; (8) to employ, subject to the regulations of the state personnel commission, such assistants, agents and servants as it shall deem necessary or desirable for its purposes; (9) to exercise any of its powers in the public domain of the United States, unless the exercise of such powers is not permitted by the laws of the United States; and (10) to do all things necessary or incidental to the foregoing powers.
Source.
1937, 130:4. RL 239:3. 1950, 5, part. 12:12, eff. June 30, 1950. 2017, 156:14, I, eff. July 1, 2017.