Revision: Jan. 1, 2008, midnight
SB 257-FN – AS INTRODUCED
2007 SESSION
06/10
SENATE BILL 257-FN
COMMITTEE: Public and Municipal Affairs
This bill permits municipalities to provide that violations of the life safety code are misdemeanors.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
07-1308
06/10
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Seven
AN ACT relative to penalties for life safety code violations under municipal housing standards.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Paragraph; Housing Standards; Life Safety Violations. Amend RSA 48-A:11 by inserting after paragraph II the following new paragraph:
III. Notwithstanding RSA 47:17, provide that any person who violates any provision of the most recent edition of the life safety code, NFPA Doc. No. 101, shall be guilty of a misdemeanor.
2 Effective Date. This act shall take effect January 1, 2008.
LBAO
07-1308
Revised 04/05/07
SB 257 FISCAL NOTE
AN ACT relative to penalties for life safety code violations under municipal housing standards.
FISCAL IMPACT:
The Judicial Branch, the Department of Justice, and the Judicial Council indicate this bill may increase state general fund expenditures by an indeterminable amount in FY 2008 and each year thereafter. The Department of Safety indicates this bill may increase state general fund revenue by an indeterminable amount in FY 2008 and each year thereafter. There will be no fiscal impact on county and local expenditures or revenue.
METHODOLOGY:
The Judicial Branch states this bill would add RSA 48-A:11 to allow municipalities to provide that persons violating the life safety code requirements would be guilty of an unspecified misdemeanor. The Branch has determined the judicial and clerical cost of a class B misdemeanor at $36.71 per charge and of a class A misdemeanor at $50.29, using current salary levels. The Branch is not able to determine how many prosecutions will be brought pursuant to the proposed statute, but doubts the number will result in a fiscal impact greater than $10,000. However, the Branch states if an appeal is taken to either the superior court for a jury trial, to the supreme court, or both, there will be a fiscal impact. A single charge appeal could result in an impact of greater than $10,000.
The Department of Justice states there would be a fiscal impact on the Department if an appeal is filed. The Department has the responsibility to handle all criminal appeals. The Department is not able to estimate if any appeals would be filed, thus is unable to project a fiscal impact on state general fund expenditures.
The Department of Safety states the proposed legislation has no fiscal impact on the Department. The Department states any fines collected by the courts from violators found guilty of misdemeanors would be credited as state general fund revenue.
The Judicial Council states violations and misdemeanor B charges have no right to counsel, thus there is no cost for the Council. However, a misdemeanor A costs $275 per charge if assigned to a public defender or contract attorney. If an assigned counsel attorney is used, the charge is $60 an hour with a cap of $1,000 per case. The fee cap may be waived upon motion filed in advance and approved by the court. Additional costs could be incurred if services other than counsel are requested and approved. An appeal is capped at $1,500 per case for public defenders, contract attorneys, and assigned counsel. Assigned counsel often seeks to exceed the cap. Finally, an appeal may involve services other than counsel, resulting in greater expenditures per case.