Bill Text - HB617 (2017)

(New Title) relative to penalties for violations of planning and zoning laws.


Revision: Jan. 25, 2017, 2:03 p.m.

HB 617-FN - AS INTRODUCED

 

 

2017 SESSION

17-0754

09/03

 

HOUSE BILL 617-FN

 

AN ACT relative to jury trials for imposition of fines in zoning violations.

 

SPONSORS: Rep. Brewster, Merr. 21

 

COMMITTEE: Judiciary

 

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ANALYSIS

 

This bill grants the right to a jury trial for a person charged with planning and zoning violations who may be subject to fines and fees exceeding $275.

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

17-0754

09/03

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Seventeen

 

AN ACT relative to jury trials for imposition of fines in zoning violations.

 

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

 

1  New Paragraph; Planning and Zoning Violations; Jury Trial.  Amend RSA 676:17 by inserting after paragraph I the following new paragraph:

I-a.  Any person charged with a violation of this title which under this section could result in fines and fees totaling more than $275 shall have the right to a jury trial.

2  Effective Date.  This act shall take effect January 1, 2018.

 

LBAO

17-0754

1/23/17

 

HB 617-FN- FISCAL NOTE

as introduced

 

AN ACT relative to jury trials for imposition of fines in zoning violations.

 

FISCAL IMPACT:      [ X ] State              [    ] County               [    ] Local              [    ] None

 

 

 

Estimated Increase / (Decrease)

STATE:

FY 2018

FY 2019

FY 2020

FY 2021

   Appropriation

$0

$0

$0

$0

   Revenue

$0

$0

$0

$0

   Expenditures

Indeterminable

Indeterminable

Indeterminable

Indeterminable

Funding Source:

  [ X ] General            [    ] Education            [    ] Highway           [    ] Other

 

METHODOLOGY:

This bill grants a person the right to a jury trial if they are charged with planning and zoning violations that could result in fees or fines exceeding $275.  There is no method to determine how many additional jury trials would result from this bill to determine the fiscal impact on expenditures.  Based on information previously provided by the Judicial Branch, the cost of one full day jury trial is estimated to be $2,142 in FY 2018 and $2,157 in FY 2019.  

 

The Judicial Council and Department of Justice state this bill will not impact their respective operating budgets.

 

The New Hampshire Association of Counties states this bill will have no impact on county revenue or expenditures.

 

AGENCIES CONTACTED:

Judicial Branch, Judicial Council, Department of Justice, and New Hampshire Association of Counties