HB 785-FN – AS INTRODUCED
2007 SESSION
09/05
HOUSE BILL 785-FN
AN ACT relative to user charges for excessive consumption of police and nuisance enforcement services.
SPONSORS: Rep. Reuschel, Hills 14
COMMITTEE: Municipal and County Government
This bill establishes a user charge for excessive consumption of state police and nuisance enforcement services and allows municipalities to adopt bylaws establishing a user charge for excessive consumption of police and nuisance enforcement services.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
07-0694
09/05
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Seven
AN ACT relative to user charges for excessive consumption of police and nuisance enforcement services.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Paragraph; Bylaws and Ordinances. Amend RSA 47:17 by inserting after paragraph XIX the following new paragraph:
XX. Excessive Consumption of Police and Nuisance Enforcement Services. To establish a user charge for excessive consumption of police and nuisance enforcement services. In this paragraph “excessive consumption of police and nuisance enforcement services” means those services provided at a specific property address after 4 or more calls for service for separate nuisance events occurred in a prior one-month time period, where the owner was notified in writing that subsequent high levels of police and nuisance calls for service would result in a fee being charged for excessive consumption of those services, and where the owner has been provided with 30 days following notice to abate the nuisance generating the high levels of calls for service.
2 Department of Safety; Rulemaking Authority. Amend RSA 21-P:14, II(b) to read as follows:
(b) The administration of the division of state police [and], fees for criminal record and fingerprint checks, as authorized by RSA 106-B:7, and user charges for excessive consumption of police and nuisance enforcement services, as authorized under RSA 106-B:10-a.
3 Director of State Police; Rulemaking Authority. Amend RSA 106-B:7, I to read as follows:
I. The director may, with the approval of the commissioner of safety, adopt rules, pursuant to RSA 541-A, relative to:
(a) The efficient administration of this chapter[;].
(b) Reasonable fees to cover criminal record and fingerprinting checks conducted by the division, which fees shall be chargeable to any license applicant on whom the division is required or requested to perform such checks, or in the case of an individual requesting his own criminal record or the criminal record of another pursuant to RSA 106-B:14, I to the individual making the request[; and].
(c) The administration of RSA 169-E:2-a, regarding the operation of the statewide hotline for missing children.
(d) User charges for excessive consumption of police and nuisance enforcement services, pursuant to RSA 106-B:10-a.
4 New Section; User Charges for Excessive Consumption of Police Services. Amend RSA 106-B by inserting after section 10 the following new section:
106-B:10-a User Charges for Excessive Consumption of Police and Nuisance Enforcement Services. The director of safety may establish user charges for excessive consumption of police and nuisance enforcement services. In this section, “excessive consumption of police and nuisance enforcement services” means those services provided at a specific property address after 4 or more calls for service for separate nuisance events occurred in a prior one-month time period, where the owner was notified in writing that subsequent high levels of police and nuisance calls for service would result in a fee being charged for excessive consumption of those services, and where the owner has been provided with 30 days following notice to abate the nuisance generating the high levels of calls for service.
5 Effective Date. This act shall take effect January 1, 2008.
LBAO
07-0694
Revised 02/05/07
HB 785 FISCAL NOTE
AN ACT relative to user charges for excessive consumption of police and nuisance enforcement services.
FISCAL IMPACT:
The Department of Safety has determined this bill may increase state highway fund revenues and expenditures and local revenues by an indeterminable amount in fiscal year 2008 and each year thereafter. There is no fiscal impact on county revenues or county and local expenditures.
METHODOLOGY:
The Department states this bill establishes a user charge for excessive consumption of state police and nuisance enforcement services. It assumes the user fees collected would be credited to the highway fund. The Department cannot estimate the increase in highway fund revenue because a user fee would be established after passage of this bill, and it is unknown how many violations may occur. The Department cannot estimate how much it would cost to implement this new program because it cannot predict how significant this program might become and the number of additional personnel that would be needed to run the program. Highway fund expenditures would increase by 12% of the amount of the increase in revenue for local highway aid. This bill allows municipalities to establish a user charge as well. However the fiscal impact on local revenue and expenditures would be the result of the municipality choosing to adopt the provisions of this bill.