HB 1633-FN-A-LOCAL – AS INTRODUCED
2010 SESSION
06/09
HOUSE BILL 1633-FN-A-LOCAL
AN ACT repealing certain tax and fee increases in the 2010-2011 budget on July 1, 2012.
SPONSORS: Rep. Pepino, Hills 11; Rep. W. O'Brien, Hills 4; Rep. Pratt, Hills 7; Rep. Itse, Rock 9
This bill repeals certain tax and fee increases in the 2010-2011 budget on July 1, 2012.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
10-2701
06/09
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Ten
AN ACT repealing certain tax and fee increases in the 2010-2011 budget on July 1, 2012.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Pistols and Revolvers; License to Carry. Amend RSA 159:6, I to read as follows:
I. The selectmen of a town or the mayor or chief of police of a city or some full-time police officer designated by them respectively, upon application of any resident of such town or city, or the director of state police, or some person designated by such director, upon application of a nonresident, shall issue a license to such applicant authorizing the applicant to carry a loaded pistol or revolver in this state for not less than 4 years from the date of issue, if it appears that the applicant has good reason to fear injury to the applicant’s person or property or has any proper purpose, and that the applicant is a suitable person to be licensed. Hunting, target shooting, or self-defense shall be considered a proper purpose. The license shall be valid for all allowable purposes regardless of the purpose for which it was originally issued. The license shall be in duplicate and shall bear the name, address, description, and signature of the licensee. The original shall be delivered to the licensee and the duplicate shall be preserved by the people issuing the same for 4 years. When required, license renewal shall take place within the month of the fourth anniversary of the license holder’s date of birth following the date of issuance. The license shall be issued within 14 days after application, and, if such application is denied, the reason for such denial shall be stated in writing, the original of which such writing shall be delivered to the applicant, and a copy kept in the office of the person to whom the application was made. The fee for licenses issued to residents of the state shall be $10, which fee shall be for the use of the law enforcement department of the town or city granting said licenses; the fee for licenses granted to out-of-state residents shall be [$100] $20, which fee shall be for the use of the state. The director of state police is hereby authorized and directed to prepare forms for the licenses required under this chapter and forms for the application for such licenses and to supply the same to officials of the cities and towns authorized to issue the licenses. No other forms shall be used by officials of cities and towns. The cost of the forms shall be paid out of the fees received from nonresident licenses.
2 Penalty Assessment; Waiver of Penalty. Amend RSA 188-F:31, I to read as follows:
I. Every court shall levy a penalty assessment of $2 or [24] 20 percent, whichever is greater, on each fine or penalty imposed by the court for a criminal offense, including any fine or penalty for a violation of RSA title XXI or any municipal ordinance, except for a violation of a municipal ordinance relating to motor vehicles unlawfully left or parked.
3 Annulment of Criminal Records. Amend RSA 651:5, IX to read as follows:
IX. When a petition for annulment is timely brought, the court shall require the department of corrections to report to the court concerning any state or federal convictions, arrests or prosecutions of the petitioner and any other information which the court believes may aid in making a determination on the petition. The department shall charge the petitioner a fee of $100 to cover the cost of such investigation unless the petitioner demonstrates that he or she is indigent, or has been found not guilty, or the case has been dismissed or not prosecuted in accordance with paragraph II. [The department of safety shall charge the successful petitioner a fee of $100 for researching and correcting the criminal history record accordingly, unless the petitioner demonstrates that he or she is indigent, or has been found not guilty, or the case has been dismissed or not prosecuted in accordance with paragraph II.] The court shall provide a copy of the petition to the prosecutor of the underlying offense and permit them to be heard regarding the interest of justice in regard to the petition.]
4 Court Fees. The judicial branch shall reduce court fees in the amount of $4,000,000 for the fiscal year ending June 30, 2011.
5 Repeal. The following are repealed:
I. RSA 331-A:24-b, relative to real estate commission fees collected electronically; handling charge.
II. RSA 490:26-a, II-a, relative to court fees.
6 Effective Date. This act shall take effect July 1, 2012.
LBAO
10-2701
12/14/09
HB 1633-FN-A-LOCAL - FISCAL NOTE
AN ACT repealing certain tax and fee increases in the 2010-2011 budget on July 1, 2012.
FISCAL IMPACT:
The Judicial Branch and the Department of Safety state this bill will decrease state revenue by an indeterminable amount in FY 2011 and each fiscal year thereafter. There is no fiscal impact on state, county and local expenditures or county and local revenue.
METHODOLOGY:
The Judicial Branch (Branch) states three sections of this bill impact the Branch.
• Section 2 reduces the penalty assessment on court fines, some of which goes to the Branch’s information technology fund. This section reduces the penalty assessment revenue to the State from the current level, 24% of court fines, to 20%. Under RSA 188-F:31, the penalty assessment is distributed 54.17% to the police standards and training council training fund, 16.67% to the victims’ assistance fund, 16.67% to Judicial Branch information technology fund and the remaining 12.49% to the general fund. The Branch estimates this will reduce revenue to; the police standards and training council training fund by $408,213, the victims’ assistance fund by $126,551, the judicial branch information technology fund by $126,666, and the state general fund revenue by $104,968.
• Section 4 requires the Branch to reduce court fees by $4 million in FY 2011. The date of the fee reductions appears to be in conflict with the effective date of the bill, July 1, 2012, however.
• Section 5 eliminates the time payment set up fee. The Supreme Court established the $25 set up fee, effective July 1, 2009, with the proceeds to go to the general fund. Using year-to-date FY 2010 collections, the Branch estimates that this fee repeal will reduce general fund revenue by $107,167 per year.
LBAO
10-2701
12/14/09
Page 2
The Department of Safety, Division of State Police states two sections of this bill impact the Department.
• Section 1 reduces the pistol permit fee by $80 from $100 to $20. The Department estimates this fee reduction will decrease general fund revenue by between $400,000 and $800,000 per year.
• Section 3 eliminates the $100 fee to be paid to the Department for the annulment of criminal records. The Department asserts this will decrease state restricted revenue to the criminal records fund by an indeterminable amount. During the FY 2010-2011 budget deliberations, the amount estimated to be generated by this fee was $300,000 per year.