HB 1669-FN-LOCAL – AS INTRODUCED
2006 SESSION
04/10
HOUSE BILL 1669-FN-LOCAL
AN ACT increasing the penalties for littering.
SPONSORS: Rep. Newton, Straf 1; Rep. Bettencourt, Rock 4
COMMITTEE: Criminal Justice and Public Safety
This bill increases the penalties for littering and requires the temporary suspension of the motor vehicle operator’s, hunting, and fishing licenses for failure to pay a fine imposed.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
06-2615
04/10
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Six
AN ACT increasing the penalties for littering.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Litter Control Law; Penalties. Amend RSA 163-B:4, I to read as follows:
I.(a) Any person violating the provisions of RSA 163-B:3, shall be guilty of a misdemeanor and shall be fined not more than $500, [or, in lieu thereof] and, in the sound discretion of any court in which conviction is obtained, any such person may be directed by the judge of such court to [pick up and remove from any public street or highway or public or private right-of-way, or public beach or public park, or with prior permission of the legal owner or tenant in lawful possession of such property, any private property upon which it has been established by competent evidence that he has deposited litter, any and all litter deposited thereon by anyone prior to the date of execution of sentence] collect litter or trash from a specified segment of a public way or a specified area of public property for up to 16 hours.
(b) In addition to the penalty provided in subparagraph (a):
(1) The commissioner of the department of safety shall suspend for up to 10 days the operator’s license of any person convicted under this section who fails to pay any fine assessed within 120 days; and
(2) The executive director of the fish and game department shall suspend the hunting and fishing licenses of any person convicted under this section who fails to pay any fine assessed within 120 days for up to one year from the date of the conviction.
(c) The court shall forward to the commissioner of the department of safety and the executive director of the fish and game department the names of all individuals convicted and fined under this section.
2 Effective Date. This act shall take effect 60 days after its passage.
LBAO
06-2615
12/12/05
HB 1669-FN-LOCAL - FISCAL NOTE
AN ACT increasing the penalties for littering.
FISCAL IMPACT:
The Judicial Branch, Judicial Council, Departments of Fish and Game and Safety state this bill may increase state revenue and expenditures by an indeterminable amount in FY 2006 and each year thereafter. There will be no fiscal impact on county and local revenue or expenditures.
METHODOLOGY:
The Judicial Branch states this bill would add no cases to the Branch’s caseload. This bill will give additional sentencing alternatives to judges for an offense which has seen an average of 108 charges brought annually over the past three years, with an average of 57 convictions. The average fine for littering has been $190 over the past three years, thus the mandatory fine of $500 will result in an additional $310 in state revenue. The exact revenue impact cannot be determined at this time. This bill would also require the Branch to forward to the Commission of Safety and the Executive Director of the Fish and Game Department the names of all individuals convicted and fined. This requirement will not have a significant fiscal impact on the Branch.
The Judicial Council assumes that in the first instance, the case will be assigned to either a public defender or contract attorney, either of whom would be compensated at the flat fee rate of $206.25 for each review hearing after adjudication. If an assigned counsel attorney must be used, the hourly rate of $60 with a fee cap of $1,000 will apply. If a motion to exceed the fee cap is approved and/or “services other than counsel” are approved, these will also be chargeable to the Indigent Defense Fund. Any charge within the criminal justice system, committed by a juvenile, will be compensated within the flat fee contract system of $275 per case through disposition, plus $206.25 for each and every review hearing following disposition. Assigned counsel will be at the $60 per hour rate with a fee cap of $1,200. The fee cap may be waived upon motion filed with the court and approved in advance. Any case where a defendant has been found guilty may also result in appeals to either the superior court or the Supreme Court, which would have a cost implication for indigent defense expenditures made by the State. The
LBAO
06-2615
12/12/05
Council is unable to predict the number of cases which may result from the passage of this bill, and are unable to determine the exact fiscal impact at this time.
The Fish and Game Department states they currently only receive notification of summonses issued by conservation officers. The Department does not receive notification of summonses issued by other agencies. The Department is unable to determine the exact fiscal impact at this time.
The Department of Safety states they are unable to estimate the number of individuals who would be guilty of littering, and therefore cannot estimate how much, or even if a penalty would be assessed by the court. If fines were ordered, the collections would be handled by the courts and would affect Police Standards and Training through the Penalty Assessment Fund and the Victim’s Assistance Fund. If the fines were not paid and the motor vehicle operators’ licenses were suspended, then state revenue collected by the Department for restoration fees would increase. It is unknown what the expenses would be to suspend licenses without knowing the number of individuals affected. The exact fiscal impact cannot be determined at this time.
The Department of Justice states any costs can be absorbed within their existing budget.
The Association of Counties states this bill will have no fiscal impact on county revenue or expenditures.