How HB1184 changes current law

AI-generated reading aid from the bill's amendatory text — verify against the official bill.

This bill establishes a comprehensive framework for the issuance, extension, and appeal of no trespass orders (NTOs) on municipal and school district property, including procedural safeguards for affected individuals.

• RSA 635

  635:2-a Order Against Trespass on Public Property.

  This creates a new section detailing the process for issuing no trespass orders on public property.

• RSA 635:2-a

  I.(a) A governing body responsible for public property, or a person designated by the governing body, may issue an emergency no trespass order (NTO) directing a person to leave or not enter specified public property when immediate action is reasonably necessary to protect public safety, prevent substantial disruption of governmental operations, or prevent damage to public property.

  This allows governing bodies to issue emergency NTOs to ensure public safety.

• RSA 635:2-a

  II.(a) If the governing body seeks to continue an NTO beyond the initial NTO period, the governing body shall approve the NTO by at least a majority vote taken by roll call vote at a duly noticed public meeting, or at a non-public session if permitted under RSA 91-A and requested by the individual subject to the NTO.

  This establishes a voting requirement for extending NTOs beyond their initial period.

• RSA 635:2-a

  III.(a) An individual issued an NTO shall have the right to a hearing upon written request. The request shall be made no later than 10 days from the date of issuance or governing body approval of the NTO.

  This grants individuals the right to a hearing regarding their NTO within a specified timeframe.

• RSA 635:2-a

  IV. Following the hearing, the governing body shall issue a written decision, which shall state whether the NTO is: (1) Rescinded; (2) Modified; or (3) Continued for a defined period.

  This mandates that the governing body provide a written decision after a hearing regarding an NTO.

• RSA 635:2-a

  VI. All NTOs issued under this section shall expire by operation of law upon reaching their authorized duration and shall not be renewed except in compliance with this section.

  This ensures that NTOs have a defined expiration and sets rules for renewals.

• RSA 635:2-a

  VII. The governing body shall review within 90 days all NTOs in effect as of the effective date of this section and reissue or rescind them in accordance with this section. If no action is taken by the governing body on an NTO subject to this paragraph within 90 days, such NTO shall be void.

  This requires a review of existing NTOs, setting a 90-day timeframe for action.

• RSA 635:2-a

  [existing NTOs must follow the new provisions] → shall expire upon reaching their authorized duration and shall not be renewed except in compliance with this section.

  This clarifies that existing orders will expire and cannot be renewed without following the new regulations.

• RSA 635:2-a

  V. An individual subject to an NTO may appeal a final decision of the governing body to the superior court. Any appeal shall be filed within 30 days of the written decision.

  This allows individuals to appeal decisions made by governing bodies regarding NTOs.