HB309 (2007) Detail

Relative to the uniform fine schedule for the fish and game department.


CHAPTER 54

HB 309 – FINAL VERSION

27Mar2007… 0871h

2007 SESSION

07-0906

10/03

HOUSE BILL 309

AN ACT relative to the uniform fine schedule for the fish and game department.

SPONSORS: Rep. Tholl, Coos 2

COMMITTEE: Criminal Justice and Public Safety

ANALYSIS

This bill authorizes changes to the violations listed on the fish and game department uniform fine schedule for OHRV and snowmobile offenses.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

27Mar2007… 0871h

07-0906

10/03

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Seven

AN ACT relative to the uniform fine schedule for the fish and game department.

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

54:1 Pleas By Mail; Uniform Fine Schedules. Amend RSA 502-A:19-b, I to read as follows:

I. Such defendant shall receive, in addition to his or her summons, a uniform fine schedule [entitled “Notice of Fine, New Hampshire District and Municipal Courts”] which shall contain:

(a) 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;

(b) 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]

(c) The usual fines for violations of title XXI on motor vehicle laws, excluding any offense which is a misdemeanor or felony or is excluded under RSA 262:44; or

(d) The usual fines for violations of the provisions of title XIX-A on forestry laws, excluding any offense which is a misdemeanor or felony.

I-a. 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.

54:2 Uniform Fine Schedule Changes; Certain Fish and Game Violations. Pursuant to RSA 502-A:19-b, V, the portion of the title XVIII uniform fine schedule for OHRV and snowmobile offenses shall be as follows:

OHRV VIOLATIONS

1. 215-A:6, I Operate without lights $120.00

2. 215-A:6 II Operate on public way $120.00

3. 215-A:6, III OHRV unreasonable speed

1-20 mph over prima facie speed limit $ 72.00

21-30 mph over prima facie speed limit $120.00

31 mph and greater over prima facie speed limit $240.00

4. 215-A:6, IV Endanger person/damage property $120.00

5. 215-A:10, I OHRV on state way, sidewalks $ 72.00

6. 215-A:14, I(a)-(e) Required equipment $ 72.00

7. 215-A:14, II Sled/trailer requirements $ 72.00

8. 215-A:21,I Identification to landowner $120.00

9. 215-A:21, II Operate Unregistered OHRV $120.00

10. 215-A:21, VI Operate without registration decals in place $ 60.00

11. 215-A:21, VIII Non-resident register at resident rate $120.00

12. 215-A:29, I Operate without driver’s license or safety training $ 72.00

13. 215-A:29, XI Operate on land without written landowner

permission $ 72.00

14. 215-A:29, XIX(a) Operate with suspended/revoked license $180.00

SNOWMOBILE VIOLATIONS

15. 215-C:4 Speed Limit, Back Lake $ 72.00

16. 215-C:7 Skimming $240.00

17. 215-C:8, I Operate without lights $120.00

18. 215-C:8, III Snowmobile, unreasonable speed

1-20 mph over prima facie speed limit $ 72.00

21-30 mph over prima facie speed limit $120.00

31 mph and greater over prima facie speed limit $240.00

19. 215-C:8, IV Endanger person/damage property $120.00

20. 215-C:8, XI Operate snowmobile on traveled portion $120.00

21. 215-C:10, I Snowmobile on state way, sidewalk, or snowbank $ 72.00

22. 215-C:28, II Sound level $120.00

23. 215-C:30, I Required equipment $ 72.00

24. 215-C:30, II Sled/trailer requirements $ 72.00

25. 215-C:36, I Identification to landowner $120.00

26. 215-C:36, II Operate unregistered snowmobile $120.00

27. 215-C:36, V Operate without registration decals in place $ 60.00

28. 215-C:36, XI Non-resident register at resident rate $120.00

29. 215-C:49, I Operate without driver’s license or safety training $ 72.00

30. 215-C:49, XIII Operate on land of another without landowner

permission $ 72.00

31. 215-C:49, XXI Operate with suspended/revoked license $180.00

54:3 Repeal. RSA 206:34, II, relative to recommendations for a fish and game uniform fine schedule, is repealed.

54:4 Effective Date. This act shall take effect July 1, 2007.

Approved: May 22, 2007

Effective: July 1, 2007