Bill Text - HB1333 (2012)

(New Title) establishing a committee to study the establishment of a point system for violations of hunting and fishing laws and regulations enforced by the fish and game department.


Revision: Feb. 22, 2012, midnight

HB 1333 – AS INTRODUCED

2012 SESSION

12-2052

10/05

HOUSE BILL 1333

AN ACT relative to the revocation or suspension of a fish and game license for a conviction.

SPONSORS: Rep. Kreis, Merr 6; Rep. Warden, Hills 7; Rep. M. Tremblay, Coos 4; Rep. Okerman, Rock 4; Rep. Swinford, Belk 5

COMMITTEE: Fish and Game and Marine Resources

ANALYSIS

This bill requires 3 or more violations of laws or rules within a 2-year period in order to revoke or suspend a fish and game license.

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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

12-2052

10/05

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Twelve

AN ACT relative to the revocation or suspension of a fish and game license for a conviction.

Be it Enacted by the Senate and House of Representatives in General Court convened:

1 Lobster License; Court Violations; Suspension. Amend RSA 211:21 to read as follows:

211:21 Revocation; Suspension. The executive director may revoke or suspend the lobster and crab license of any person who has been found guilty in any court of [a violation] 3 or more violations within a 2-year period of any provision of this chapter or any rule adopted under this chapter by the executive director. If an appeal is taken the license shall be suspended pending the disposition of said case and for not more than one year thereafter from date of conviction by the higher court. [The executive director shall revoke or suspend the license of any person who has been found guilty in any court a second time within 5 years of the first finding of guilt, of a violation of any such laws or regulations, for a period of not less than one, nor more than 3 years from the date of such finding or conviction. The executive director may order any license to be suspended or revoked, after due hearing, for any cause that he may deem sufficient.] Any person whose license has been revoked or suspended shall not accompany any licensed fisherman or assist him or her in any way while [he is] engaged in taking or transporting lobsters or crabs.

2 Hunting and Fishing Licenses; Convictions; Suspensions. Amend RSA 214:19 to read as follows:

214:19 Revocation or Suspension for Conviction. The executive director may revoke or suspend the license of any person who has been found guilty in any court of [a violation] 3 or more violations within a 2-year period of any provision of this title or any rule [or regulation] of the executive director, or who has been found guilty in a [municipal or] district court of a violation of RSA 163-B or RSA 635:2. Such revocation or suspension shall not continue for more than one year from the date thereof[, except for a conviction under RSA 208:8, in which case the revocation or suspension may be for a period not to exceed 5 years, or except for a conviction under RSA 208:1-a, in which case the revocation or suspension may be for a period not to exceed 2 years. The executive director shall revoke or suspend the license of any person who has been found guilty in any court a second time within 5 years of the first finding of guilt, of a violation of any such laws or regulations, for a period of not less than one, nor more than 3 years from the date of such finding or conviction].

3 License Suspensions; Appeal of Conviction. Amend RSA 214:19-a to read as follows:

214:19-a Appeal of Conviction. Whenever any person convicted of a violation of any provision of this title or any rule or regulation of the executive director or of RSA 163-B, RSA 236:26, RSA 265:102 or RSA 635:2 shall appeal, his or her license shall be suspended pending disposition of the appeal. If the person so appealing is convicted, the period of suspension shall [be computed from the date of the original conviction] begin immediately.

4 Effective Date. This act shall take effect January 1, 2013.