HB 1381-FN - AS AMENDED BY THE HOUSE
9Mar2016... 0416h
2016 SESSION
\t16-2667
\t04/08
HOUSE BILL\t1381-FN
AN ACT\trelative to the sale of smoke bombs.
SPONSORS:\tRep. L. Christiansen, Hills. 37
COMMITTEE:\tCriminal Justice and Public Safety
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AMENDED ANALYSIS
\tThis bill creates an exception for the sale or use of smoke bombs by a person licensed to sell permissible fireworks.
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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\t\tMatter which is either (a) all new or (b) repealed and reenacted appears in regular type.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... 0416h\t16-2667
\t04/08
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Sixteen
AN ACT\trelative to the sale of smoke bombs.
Be it Enacted by the Senate and House of Representatives in General Court convened:
\t1 Smoke Bombs. Amend RSA 644:16-b, II to read as follows:
\t\tII. With the exception of persons or groups, including law enforcement organizations, who use smoke bombs for training purposes or to protect property or lives, and with the exception of smoke bombs sold or offered for sale by a person licensed to sell permissible fireworks pursuant to RSA 160-C, any person who sells, barters, lends, or gives to any person a smoke bomb and any person who uses a smoke bomb in a public place shall be guilty of a violation.
\t2 Effective Date. This act shall take effect 60 days after its passage.
\t\t\t\t\t\t\t\t\t\t\t16-2667
\t\t\t\t\t\t\t\t\t\t\tAmended 3/16/16
HB 1381-FN- FISCAL NOTE
AN ACT\trelative to the sale of smoke bombs.
FISCAL IMPACT:
The Judicial Branch and the Department of Safety state this bill, as amended by the House (Amendment #2016-0416h), will have an indeterminable fiscal impact on state expenditures in FY 2017 and in each year thereafter. There will be no fiscal impact state revenue or on county and local expenditures or revenue.
METHODOLOGY:
The Judicial Branch states this bill would amend RSA 644:16-b, II, which makes it a violation level offense to sell or use smoke bombs by adding an exception for smoke bombs sold, or offered for sale, by a person licensed to sell permissible fireworks pursuant to RSA 160-C. While this change could result in fewer violation level offenses being prosecuted and therefore savings to the Branch, based on statistics for the past ten years there were only five prosecutions. Based on that history, the Branch concludes this bill will have a fiscal impact of less than $10,000 per year.
The Department of Safety, Division of Fire Safety does not currently charge a fee, issue a license, or issue permits to the general public for the use of smoke bombs, therefore revenue would not increase from smoke bomb sales. The Department states there could be an indeterminable increase in the workload and expenditures for fireworks investigators concerning enforcement and incidents involving these devices.