SB 400-FN – VERSION ADOPTED BY BOTH BODIES
2014 SESSION
10/08
SENATE BILL 400-FN
AN ACT relative to the penalty for violations of the taking of American eels.
SPONSORS: Sen. Watters, Dist 4; Sen. Stiles, Dist 24; Rep. Sanders, Rock 12; Rep. McKinney, Rock 5; Rep. Ketel, Straf 17; Rep. Burdwood, Straf 17
COMMITTEE: Energy and Natural Resources
This bill adds a penalty for the violation of law or rule on the taking of American eels.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
14-2594
10/08
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Fourteen
AN ACT relative to the penalty for violations of the taking of American eels.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Paragraph; Salt Water Fish; American Eels; Penalty Added. Amend RSA 211:64 by inserting after paragraph V the following new paragraph:
VI. Whoever violates the provision of RSA 211:62 or any rule adopted by the executive director relative to American eels and their harvest shall be guilty of a class A misdemeanor, or guilty of a class B felony for a second offense within 5 years of a prior offense, and all equipment used to carry out such offense shall be confiscated. In addition, the defendant’s catch shall be confiscated and sold according to rules adopted by the executive director pursuant to RSA 541-A, the proceeds of such sale to be deposited in the fish and game fund and used by the fish and game department for the law enforcement and marine fisheries divisions.
2 Effective Date. This act shall take effect January 1, 2015.
LBAO
14-2594
12/19/13
SB 400-FN - FISCAL NOTE
AN ACT relative to the penalty for violations of the taking of American eels.
FISCAL IMPACT:
The Fish and Game Department, Judicial Branch, Department of Justice, Department of Corrections, and New Hampshire Association of Counties state this bill, as introduced, may increase state restricted revenue, and state and county expenditures by an indeterminable amount in FY 2015 and each year thereafter. There will be no impact on county and local revenue, or local expenditures.
METHODOLOGY:
The Fish and Game Department states this bill adds a penalty for the violation of law or rule established by the executive director on the taking of American eels. The Department states in the last two fiscal years there has been an average of 16 violations, which under this bill would result in an additional $1,000 in fine revenue per offense. The Department states this will result in an increase in Fish and Game fund revenue depending on the amount of offenses and fine collections.
This bill creates a criminal penalty for the violation of RSA 211:62 or any rule adopted by the executive director of the Fish and Game Department, relative to the taking of American eels, as a class A misdemeanor or a class B felony for a second offense within five years of a prior offense. This bill may result in a fiscal impact on state agencies and county government as there may be an increase in prosecutions and incarcerations as a result of this bill. While it is not possible to estimate how many individuals may be prosecuted or incarcerated, each potentially affected agency has provided the following data for informational purposes:
? |
FY 2014 |
FY 2015 |
Judicial Branch |
? |
? |
Average Cost Per Case (Class A Misdemeanor - Circuit Court) |
$66 |
$68 |
Average Cost Per Case (Class B Felony - Superior Court) |
$425 |
$433 |
Appeals |
Varies | |
? |
||
Department of Corrections |
||
Average Cost of Incarcerating an Individual |
$32,872 |
$32,872 |
? |
||
Department of Justice |
||
Costs Related to Appeals to Supreme Court |
Indeterminable | |
? |
||
NH Association of Counties |
||
County Prosecution Costs |
Indeterminable | |
Estimated Average Cost of Incarcerating an Individual |
$35,000 |
$35,000 |
The Judicial Council states this bill will likely have no impact on its revenues or expenditures.