HB 1266 - VERSION ADOPTED BY BOTH BODIES
9Mar2016... 0412h
2016 SESSION
\t16-2253
\t05/08
HOUSE BILL\t1266
AN ACT\tlegalizing firecrackers.
SPONSORS:\tRep. Weyler, Rock. 13; Rep. Itse, Rock. 10; Rep. Burt, Hills. 39; Rep. Hull, Graf. 9
COMMITTEE:\tCriminal Justice and Public Safety
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AMENDED ANALYSIS
\tThis bill legalizes the sale of firecrackers.
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Explanation:\tMatter added to current law appears in bold italics.
\t\tMatter removed from current law appears [in brackets and struckthrough.]
\t\tMatter which is either (a) all new or (b) repealed and reenacted appears in regular type.
9Mar2016... 0412h\t16-2253
\t05/08
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Sixteen
AN ACT\tlegalizing firecrackers.
Be it Enacted by the Senate and House of Representatives in General Court convened:
\t1 Definition of Permissible Fireworks. Amend RSA 160-C:1, V to read as follows:
\t\tV. "Permissible fireworks'' means consumer fireworks, except for those items that are prohibited pursuant to RSA 160-B:16[, 160-B:16-b,] and 160-B:16-c.
\t2 Repeal. RSA 160-B:16-b, relative to the prohibition on the retail sale of firecrackers, is repealed.
\t3 Effective Date. This act shall take effect 60 days after its passage.
\t\t\t\t\t\t\t\t\t\t\t16-2253
\t\t\t\t\t\t\t\t\t\t\tAmended 3/21/16
HB 1266 - FISCAL NOTE
AN ACT\tlegalizing firecrackers.
FISCAL IMPACT:
The Legislative Budget Assistant Office states this bill, as amended by the House (Amendment #2016-0412h), may decrease state and county expenditures by an indeterminable amount in FY 2017 and each year thereafter. There will be no fiscal impact on local expenditures or state, county, and local revenue.
METHODOLOGY:
The Legislative Budget Assistant Office (LBAO) states this bill repeals RSA 160-B:16-b, which contains an unspecified misdemeanor penalty relative to the prohibition on the retail sale of firecrackers, and therefore may have an impact on the New Hampshire judicial and correctional systems. An unspecified misdemeanor can be either class A or class B, with the presumption being a class B misdemeanor. There is no method to determine how many fewer charges would be brought as a result of the changes contained in this bill to determine the fiscal impact on expenditures. However, the Judicial Branch and New Hampshire Association of Counties have provided the LBAO with potential costs associated with the penalties contained in this bill. See table below for average cost information:
| FY 2017 | FY 2018 |
Judicial Branch |
|
|
Class B Misdemeanor | $50 | $53 |
Class A Misdemeanor | $70 | $74 |
Appeals | Varies | Varies |
It should be noted average case cost estimates for FY 2017 and FY 2018 are based on data that is more than ten years old and does not reflect changes to the courts over that same period of time or the impact these changes may have on processing the various case types. | ||
NH Association of Counties |
|
|
County Prosecution Costs | Indeterminable | Indeterminable |
Estimated Average Daily Cost of Incarcerating an Individual | $85 to $110 | $85 to $110 |