The bill establishes a comprehensive framework for the issuance, extension, and appeal of no trespass orders (NTOs) on municipal and school district properties. It allows governing bodies or their designated representatives to issue emergency NTOs when immediate action is necessary for public safety or to prevent disruption or damage. These emergency orders must be documented in writing, specifying the property involved, the reason for issuance, and the expiration date, which is set at a maximum of 35 days unless extended through a majority vote at a public meeting. The bill also mandates that individuals affected by NTOs have the right to request a hearing within 10 days of issuance and provides a clear process for appealing decisions to the superior court.
Additionally, the bill requires a review of all existing NTOs within 90 days of the law's effective date, with the governing body needing to either reissue or rescind these orders; otherwise, they will become void. The language of the bill includes the insertion of new procedural safeguards for individuals affected by NTOs, such as the right to a hearing and appeal, while deleting the previous requirement for the review of existing NTOs. The act is set to take effect in stages, with certain provisions becoming effective one year after passage and others within 60 days. The fiscal impact of the legislation is estimated to be less than $10,000 for each fiscal year from 2026 to 2029.
Statutes affected: Version adopted by both bodies: 635:2-a