Revision: March 31, 2011, midnight
HB 441-FN – VERSION ADOPTED BY BOTH BODIES
2Mar2011… 0367h
2011 SESSION
03/09
HOUSE BILL 441-FN
AN ACT relative to muffling devices on boats.
This bill eliminates the prohibition on devices that may be used to adjust muffling devices on boats.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
2Mar2011… 0367h
11-0077
03/09
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Eleven
AN ACT relative to muffling devices on boats.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Muffling Devices. RSA 270:25, II is repealed and reenacted to read as follows:
II. A boat may be equipped with a switchable device that will reduce the exhaust noise level in compliance with the limits established by RSA 270:37.
2 Effective Date. This act shall take effect 60 days after its passage.
LBAO
11-0077
Revised 01/26/11
HB 441 FISCAL NOTE
AN ACT relative to muffling devices on boats.
FISCAL IMPACT:
The Judicial Branch, the Judicial Council, and the New Hampshire Association of Counties state this bill may decrease state and county expenditures by an indeterminable amount in FY 2012 and each year thereafter. There will be no fiscal impact on local expenditures or county and local revenue.
METHODOLOGY:
The Judicial Branch states this bill would amend RSA 270:25, II to eliminate the prohibition on devices that may be used to adjust muffling devices on boats. As it is currently written, any person violating the prohibition contained within the statute would be charged with a violation level offense for the first offense and an unspecified misdemeanor offense for a second offense within one calendar year. The Branch states a review of statistical information covering fiscal years 2005 through 2010 indicates a total of 62 charges were brought for violations of RSA 270:25 averaging about ten per year. The Branch notes not all of the violations were directly associated with section II of RSA 270:25 indicating the proposed legislation would affect less than ten cases per year. The Branch notes the costs to the Branch for processing a violation or unspecified misdemeanor charge is approximately $50 and concludes the proposed legislation would have a minimal fiscal impact on state expenditures.
The Judicial Council states to the extent class A misdemeanors are not prosecuted as a result of the removal of the prohibition on devices that may be used to adjust muffling devices on boats, this bill may result in an indeterminable decrease in state expenditures. The Council states if an individual was found to be indigent, a flat fee of $275 per misdemeanor would be charged by a public defender or contract attorney. If an assigned counsel attorney were used, the fee would have been $60 per hour with a cap of $1,400 for a misdemeanor charge. The Council also states additional costs could have been incurred if an appeal was 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, although requests to exceed the fee cap are seldom granted. Finally, costs would have been increased if services other than counsel were requested and approved by the court during the defense of a case or during an appeal.
The New Hampshire Association of Counties states to the extent individuals are not prosecuted, convicted, and sentenced to incarceration; the counties may have decreased expenditures. The Association is unable to determine the number of individuals who might have been detained, prosecuted or incarcerated under current law, but would not be as a result of this bill. The average annual cost to incarcerate an individual in a county correctional facility is approximately $35,000.
The Department of Justice and the Department of Safety state the proposed legislation would have no fiscal impact on state expenditures.