HB1337 (2012) Detail

Relative to the enforcement of violations of fish and game laws, and establishing a committee to study the disposition of wildlife confiscated by the fish and game department.


HB 1337 – AS INTRODUCED

2012 SESSION

12-2066

10/05

HOUSE BILL 1337

AN ACT relative to the enforcement of violations of fish and game laws, and establishing a committee to study the disposition of wildlife confiscated by the fish and game department.

SPONSORS: Rep. L. Christiansen, Hills 27

COMMITTEE: Fish and Game and Marine Resources

ANALYSIS

This bill provides that local and state police shall refer violations of fish and game laws to conservation officers of the fish and game department for enforcement.

The bill also establishes a committee to study the disposition of wildlife confiscated by the fish and game department.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

12-2066

10/05

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Twelve

AN ACT relative to the enforcement of violations of fish and game laws, and establishing a committee to study the disposition of wildlife confiscated by the fish and game department.

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

1 New Paragraph; Local Police Officers; Extended Authority. Amend RSA 105:13 by inserting after paragraph IV the following new paragraph:

V. Notwithstanding provisions of paragraphs I-III, town or city police officers shall not have general power to enforce any provision of RSA title XVIII relative to fish and game but shall comply with RSA 206:26.

2 State Police; Authority. Amend RSA 106-B:12 to read as follows:

106-B:12 Authority and Duties of Police Employees. Police employees shall be ex-officiis constables throughout the state, shall patrol the highways, enforce the highway traffic laws and regulations, enforce the motor vehicle laws relative thereto and enforce regulations relative to the transportation of hazardous materials, pursuant to [RSA 106-A:18 and] RSA 106-B:15, and the director, division of state police, shall report to the director, division of motor vehicles, all violations of and prosecutions under the motor vehicle laws. Police employees shall have general power to enforce all criminal laws of the state and to serve criminal processes and make arrests, under proper warrants, in all counties, provided however that they shall not have general power to enforce any provision of RSA title XVIII relative to fish and game but shall comply with RSA 206:26. They shall not serve civil processes. No police employee shall act, be used or called upon for service within any town in any industrial dispute unless actual violence has occurred therein, and then only upon order of the governor. When any police employee shall apprehend any person who has committed or attempted to commit a felony the director shall immediately make a report to the attorney and the sheriff of the county in which the offense was, or was suspected of being, committed and such cases shall be investigated and prosecuted by said county officials with the cooperation of said police employees.

3 New Paragraph; Fish and Game; Conservation Officers; Powers. Amend RSA 206:26 by inserting after paragraph XIV the following new paragraph:

XV. To have and exercise the authority granted in this section when referred or requested by local law enforcement agencies or the state police.

4 Committee Established. There is established a committee to study the disposition of wildlife confiscated by the fish and game department.

I. The members of the committee shall be as follows:

(a) Three members of the house of representatives, appointed by the speaker of the house of representatives.

(b) Three members of the senate, appointed by the president of the senate.

II. Members of the committee shall receive mileage at the legislative rate when attending to the duties of the committee.

III. The committee shall study the disposition of wildlife confiscated by the fish and game department.

IV. The members of the study committee shall elect a chairperson from among the members. The first meeting of the committee shall be called by the first-named house member. The first meeting of the committee shall be held within 45 days of the effective date of this section. Four members of the committee shall constitute a quorum.

V. The committee shall report its findings and any recommendations for proposed legislation to the speaker of the house of representatives, the president of the senate, the house clerk, the senate clerk, the governor, and the state library on or before November 1, 2012.

5 Effective Date.

I. Sections 1-3 of this act shall take effect January 1, 2013.

II. The remainder of this act shall take effect upon its passage.