HB 1611-FN –AS AMENDED BY THE HOUSE
15Feb2012… 0337h
2012 SESSION
04/01
HOUSE BILL 1611-FN
AN ACT repealing certain provisions relative to the sale of pistols and revolvers.
COMMITTEE: Criminal Justice and Public Safety
This bill repeals certain statutory provisions governing the sale of pistols and revolvers.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
15Feb2012… 0337h
12-2783
04/01
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twelve
AN ACT repealing certain provisions relative to the sale of pistols and revolvers.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Repeal. The following are repealed:
I. RSA 159:8, relative to the license to sell pistols and revolvers at retail.
II. RSA 159:8-a, relative to the sale of pistols or revolvers to nonresidents.
III. RSA 159:8-b, relative to penalties for the sale of pistols or revolvers to nonresidents.
IV. RSA 159:10, relative to the sale of pistols or revolvers without a license.
2 Effective Date. This act shall take effect 60 days after its passage.
LBAO
12-2783
Amended 02/17/12
HB 1611 FISCAL NOTE
AN ACT repealing certain provisions relative to the sale of pistols and revolvers.
FISCAL IMPACT:
The Judicial Branch, Judicial Council, Department of Corrections, and New Hampshire Association of Counties state this bill, as amended by the House (Amendment #2012-0337h), may decrease state and county expenditures by an indeterminable amount in FY 2012 and each year thereafter. The Department of Safety states this bill may decrease local revenue by an indeterminable amount in FY 2012 and each year thereafter. There will be no fiscal impact on local expenditures, or state and county revenue.
METHODOLOGY:
The Judicial Branch states this bill repeals several sections of RSA 159 which could result in fewer judicial proceedings. Specifically, the repeal of RSA 159:8 could result in fewer superior court actions for injunctive relief pursuant to RSA 159:6-e; fewer civil penalty proceedings due to the repeal of RSA 159:8 and RSA 159:8-a; and fewer class B felony prosecutions due to the repeal of RSA 159:10. The Branch has no information to estimate how many fewer charges would be brought as a result of this bill but is able to provide the costs for each case type. All costs are estimated based on case weight information from the last needs assessment completed in 2005. The superior court actions for injunctive relief would be classified as a complex equity case. The Branch states the average complex equity case in superior court will be $576.05 in FY 2013 and $602.60 in FY 2014. The Branch states the civil penalty proceedings would be treated as a violation and cost $41.92 per case in FY 2013 and $43.20 per case in FY 2014 and each year thereafter. The Branch states a class B felony is treated as an average routine criminal case. An average routine criminal case will cost $389.84 in FY 2013 and $401.48 in FY 2014 and each year thereafter.
The Judicial Council states this bill will result in an indeterminable decrease in state general fund expenditures. The Council states to the extent this bill results in fewer felony offenses where the right to counsel would exist, costs will decrease. The Council states if an individual is found to be indigent, the flat fee of $756.24 per felony 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 $4,100 for a felony charge. The Council also states there may not be additional costs associated with appeals.
The Department of Corrections states it is not able to determine the fiscal impact of this bill because it does not have sufficient detail to predict the number of individuals who would be subject to this legislation. The Department of Corrections states the average annual cost of incarcerating an individual in the general prison population for the fiscal year ending June 30, 2010 was $32,492. The cost to supervise an individual by the Department’s division of field services for the fiscal year ending June 30, 2010 was $659.
The New Hampshire Association of Counties states to the extent less individuals are charged, convicted, and sentenced to incarceration in a county correctional facility, the counties may have decreased expenditures. The Association is unable to determine the number of individuals who may not be charged, convicted or incarcerated as a result of this bill to determine an exact fiscal impact. The average annual cost to incarcerate an individual in a county correctional facility is approximately $35,000. There is no impact on county revenue.
The Department of Safety states this bill has no fiscal impact on the Department. The Department states this bill may decrease local revenue by an indeterminable amount; however the Department has no information to estimate the exact fiscal impact on local revenue.
The Department of Justice states this bill have no fiscal impact on the Department because offenses under RSA 159 are typically prosecuted by county prosecutors.
The New Hampshire Municipal Association states this bill will have no fiscal impact local revenue or expenditures.