HB 666-FN – AS INTRODUCED
2009 SESSION
08/04
HOUSE BILL 666-FN
AN ACT relative to unlawful gambling.
SPONSORS: Rep. Vaillancourt, Hills 15
COMMITTEE: Local and Regulated Revenues
This bill forbids gambling not specifically authorized by the racing and charitable commission, the lottery commission, or the general court.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
09-0784
08/04
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Nine
AN ACT relative to unlawful gambling.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Section; Games Not Specifically Authorized Prohibited. Amend RSA 647 by inserting after section 2 the following new section:
647:3 Games Not Specifically Authorized Prohibited. A person is guilty of a misdemeanor if a natural person and a felony if any other person if he or she knowingly permits any form of gambling for profit over $1,000 not specifically defined by the racing and charitable gaming commission, the lottery commission, or the general court.
2 Effective Date. This act shall take effect January 1, 2010.
LBAO
09-0784
Revised 02/11/09
HB 666 FISCAL NOTE
AN ACT relative to unlawful gambling.
FISCAL IMPACT:
The Judicial Branch and Judicial Council state this bill may increase state general fund expenditures by an indeterminable amount in FY 2010 and each fiscal year thereafter. The NH Association of Counties states this bill may increase county expenditures by an indeterminable amount in FY 2010 and each fiscal year thereafter. There will be no fiscal impact on state, county, and local revenue or local expenditures.
METHODOLOGY:
The Judicial Branch states this bill adds RSA 647:3 making it an unspecified misdemeanor for a natural person and an unspecified felony for any other person to permit gambling not specifically authorized by the Racing & Charitable Gaming Commission, the Lottery Commission, or the Legislature.
The Branch states the cost of an unspecified misdemeanor case in the trial court is $35.75 and the cost of a routine felony case in the trial court is $336 in FY 2010 and each fiscal year thereafter, without consideration of any salary increases that may occur. The Branch has no information to estimate how many charges would be brought as a result of the changes contained in the bill to determine the fiscal impact on expenditures. However, if a single case were to be appealed to the New Hampshire Supreme Court, the fiscal impact would be in excess of $10,000.
The Judicial Council states this bill may result in an indeterminable increase in general fund expenditures in FY 2010 and each fiscal year thereafter. The Council states if an individual is found to be indigent, the flat fee of $275 per misdemeanor is charged by a public defender or contract attorney. If an assigned counsel attorney is used the fee is $60 per hour with a cap of $1,400 for a misdemeanor charge. The Council also states additional costs could be incurred if an appeal is filed. The public defender, contract attorney and assigned counsel rates for Supreme Court appeals is $2,000 per case, with many assigned counsel attorneys seeking permission to exceed the fee cap. Requests to exceed the fee cap are seldom granted. Finally, expenditures would increase if services other than counsel are requested and approved by the court during the defense of a case or during an appeal.
The NH Association of Counties states it is unable to determine the number of individuals who may be prosecuted, convicted, and sentenced to a county correctional facility under the misdemeanor established in this bill. To the extent individuals are sentenced to county facilities, county expenditures will increase by an indeterminable amount.
The Department of Justice and the Department of Corrections state this bill will have no fiscal impact on the respective Departments.