SB 62-FN – AS INTRODUCED
2007 SESSION
05/10
SENATE BILL 62-FN
AN ACT relative to penalties for violations of the state building code.
SPONSORS: Sen. Clegg, Dist 14; Sen. Gatsas, Dist 16; Sen. Letourneau, Dist 19; Sen. Roberge, Dist 9; Rep. Infantine, Hills 13; Rep. Marshall Quandt, Rock 13; Rep. Patten, Carr 4
COMMITTEE: Public and Municipal Affairs
This bill makes a violation of the state building code a misdemeanor.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
07-0407
05/10
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Seven
AN ACT relative to penalties for violations of the state building code.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Hampshire Building Code; Penalty. RSA 155-A:8 is repealed and reenacted to read as follows:
155-A:8 Penalty. Any person who violates a provision of the state building code shall be guilty of a misdemeanor.
2 Effective Date. This act shall take effect January 1, 2008.
LBAO
07-0407
1/17/07
SB 62-FN - FISCAL NOTE
AN ACT relative to penalties for violations of state building code.
FISCAL IMPACT:
The Judicial Council and Department of Justice state this bill may increase state expenditures by an indeterminable amount in FY 2008 and each year thereafter. This bill will have no fiscal impact on state, county, and local revenue or county and local expenditures.
METHODOLOGY:
The Judicial Council assumes that any cases arising from the enactment of this bill for which the Indigent Defense Fund may be liable will, in the first instance, be handled by the public defender or contract attorney who accepts these cases on a fixed fee basis of $275 per misdemeanor charged. 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 to the Supreme Court which would have a cost implication for Indigent Defense expenditures made by the State. The 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 Department of Justice states there would be some fiscal impact to the Department in instances when an appeal would be taken to the Supreme Court. The Department is unable to determine the exact fiscal impact at this time since it is difficult to estimate if any of these cases would be appealed.
The Department of Safety states this bill would have no fiscal impact on the Department.
The Judicial Branch states this bill would have no fiscal impact on the Branch.
LBAO
07-0407
1/17/07
The New Hampshire Association of Counties states this bill would have no fiscal impact on county revenue or expenditures.