Bill Details - HB630 (2019)

HB 630-FN - VERSION ADOPTED BY BOTH BODIES

 

28Feb2019... 0458h

2019 SESSION

19-0721

04/08

 

HOUSE BILL 630-FN

 

AN ACT increasing certain fines for OHRV and snowmobile operation violations.

 

SPONSORS: Rep. Moynihan, Coos 2; Rep. L'Heureux, Hills. 21

 

COMMITTEE: Resources, Recreation and Development

 

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AMENDED ANALYSIS

 

This bill increases fines for certain OHRV and snowmobile violations and, in cases where an OHRV or snowmobile complaint is prosecuted by the county sheriff, requires the fine or forfeiture to be remitted to the county sheriff.

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

28Feb2019... 0458h 19-0721

04/08

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Nineteen

 

AN ACT increasing certain fines for OHRV and snowmobile operation violations.

 

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

 

1  Uniform Fine Schedule Changes; Certain Fish and Game Violations.  Pursuant to RSA 502-A:19-b, V, the portion of the title XVIII uniform fine schedule for OHRV and snowmobile offenses set forth in this section shall be as follows:  

OHRV VIOLATIONS

1.  RSA 215-A:6, III, unreasonable speed:

1-24 mph over prima facie speed limit $124

25 mph or more over prima facie speed limit $248

2.  RSA 215-A:14, I(e), required equipment mufflers and exhaust system $248

3.  RSA 215-A:21, II, operation of unregistered OHRV $248

4.  RSA 215-A:29, XI, operating OHRV on another's property without permission $248

SNOWMOBILE VIOLATIONS

5.  RSA 215-C:8, III, unreasonable speed:

1-24 mph over proma facie speed limit $124

25 mph or more over prima facie speed limit $248

6.  RSA 215-C:28, sound levels/exhaust $248

7.  RSA 215-C:30, I, required equipment (modified exhaust) $248

8.  RSA 215-C:36, II, operation of unregistered snowmobile $248

9.  RSA 215-C:49, XIII, operating snowmobile on another's property without permission $248

2  New Paragraph; OHRV Fines.  Amend RSA 215-A:18 by inserting after paragraph III the following new paragraph:

IV.  The court or justice of any court in which a complaint is prosecuted for a violation of this chapter, or any rule adopted pursuant to RSA 541-A under the authority of this chapter, brought by a sheriff, shall, within 30 days after any fine or forfeiture is paid, remit the amount of the fine or forfeiture to the county in whose service the sheriff was acting; provided, however that, from each fine collected by a district court, there shall be deducted $10 and 20 percent of that part of the fine which exceeds $10.

3  New Paragraph; Snowmobile Fines.  Amend RSA 215-C:33 by inserting after paragraph III the following new paragraph:

IV.  The court or justice of any court in which a complaint is prosecuted for a violation of this chapter, or any rule adopted pursuant to RSA 541-A under the authority of this chapter, brought by a sheriff, shall, within 30 days after any fine or forfeiture is paid, remit the amount of the fine or forfeiture to the county in whose service the sheriff was acting; provided, however that, from each fine collected by a district court, there shall be deducted $10 and 20 percent of that part of the fine which exceeds $10.

4  Effective Date.  This act shall take effect July 1, 2019.

 

LBAO

19-0721

Revised 3/28/19

Amended 3/15/19

 

HB 630-FN- FISCAL NOTE

AS AMENDED BY THE HOUSE (AMENDMENT #2019-0458h)

 

AN ACT increasing certain fines for OHRV and snowmobile operation violations.

 

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

 

 

 

Estimated Increase / (Decrease)

STATE:

FY 2020

FY 2021

FY 2022

FY 2023

   Appropriation

$0

$0

$0

$0

   Revenue

Potential Increase of

$112,436

Potential Increase of

$112,436

Potential Increase of

$112,436

Potential Increase of

$112,436

   Expenditures

$0

$0

$0

$0

Funding Source:

  [    ] General            [    ] Education            [    ] Highway           [ X ] Other - Multiple (See Methodology)

 

 

 

 

 

COUNTY:

 

 

 

 

   Revenue

Indeterminable Increase

Indeterminable Increase

Indeterminable Increase

Indeterminable Increase

   Expenditures

$0

$0

$0

$0

 

 

 

 

 

LOCAL:

 

 

 

 

   Revenue

Indeterminable Increase

Indeterminable Increase

Indeterminable Increase

Indeterminable Increase

   Expenditures

$0

$0

$0

$0

 

METHODOLOGY:

This bill increase fines for certain off-highway recreational vehicle (OHRV) and snowmobile violations.  Using the average violations in calendar years 2017-2018 prosecuted by the Fish and Game Department, the estimated increase in revenue to the Fish and Game Fund is $90,674 for FY 2020 and each year thereafter.  The estimated net fine increase by violation type is as follows:

Offense

Average # of Cases

Current Revenue

New Fine Revenue

Net Increase in Revenue

OHRV Violations

RSA 215-A:6, III (1-24 mph over speed limit)

45*

$70 Fine X 45 = $3,150

$124 Fine X 45 = $5,580

$2,430

RSA 215-A:14

11

$70 Fine X 11 = $770

$248 Fine X 11 = $2,728

$1,958

RSA 215-A:21

123

$120 Fine X 123 = $14,760

$248 Fine X 123 = $30,504

$15,744

RSA 215-A:29

144

$70 Fine X 144 = $10,080

$248 Fine X 144 = $35,712

$25,632

Snowmobile Violations

RSA 215-C:8 (1-24 mph over speed limit)

175*

$70 Fine X 175 = $12,250

$124 Fine X 175 = $21,700

$9,450

RSA 215-C:28

RSA 215-C:30**

163

$120 Fine X 163 = $19,560

$248 Fine X 163 = $40,424

$20,864

RSA 215-C:36

89

$120 Fine X 89 = $10,680

$248 Fine X 89 = $22,072

$11,392

RSA 215-C:49

18

$70 Fine X 18 = $1,260

$248 Fine X 18 = $4,464

$3,204

Total Increase in Fines

$90,674

*Assumes all cases of speeding are between 1 mph to 24 mph over the speed limit, since the Department does not have data to track violations by speed.

**The Fish and Game Department combined these exhaust related offenses.

 

In addition to the increased revenue to the Fish and Game Fund, a penalty assessment of 24% would be imposed on those violators which would produce an estimated additional $21,762 to the following funds: $14,515 to the general fund, $3,627 to the victims’ assistance fund, and $3,627 to the judicial branch information technology fund.

 

Based on the average number of cases reported by the Fish and Game Department, State revenue would increase by at least $112,436 in FY 2020 and each year thereafter.  However, not all prosecutions of OHRV and Snowmobile violations are initiated by the Fish and Game Department.  In fact, any law enforcement agency can prosecute these types of violations.  Under current law, for violations brought by the Department of Natural and Cultural Resources or a local law enforcement agency, the fine revenue is remitted to the prosecuting agency.  If the fine was collected by a municipal or district court, then $10 of the fine and 20 percent of the amount that exceeds $10 is deducted from the total amount remitted to the prosecuting agency.  This bill as amended expands this provision to county sheriffs.

 

Due to some limitations in the data collection system of Snowmobile and OHRV fines within the Judicial Branch, the revenue impact to all law enforcement agencies, in addition to the Fish and Game Department, cannot be determined.  However, the Judicial Branch provided data on relevant or similar offenses and the prosecuting law enforcement agency.  For the types of fines being increased in this bill, the Fish and Game Department prosecutes the most cases with County law enforcement agencies prosecuting the second amount of cases.

 

 

Fiscal Year

Law Enforcement Agency

Snowmobile Offenses

OHRV Offenses

Total

Offenses

Percent of Total Offenses

FY 2017

County

107

2

109

10.1%

Natural And Cultural Resources

53

8

61

5.7%

Fish and Game

395

444

839

77.8%

State Police

2

2

4

0.4%

Municipal

53

5

58

5.4%

Unknown*

4

4

8

0.7%

Total

 

614

465

1,079

 

FY 2018

County

165

3

168

18.5%

Natural And Cultural Resources

50

0

50

5.5%

Fish and Game

278

308

586

64.7%

State Police

3

0

3

0.3%

Municipal

75

15

90

9.9%

Unknown*

4

5

9

0.3%

Total

 

575

331

906

 

Note: The dataset provided by the Judicial Branch included all of the violations where the fine is being increased in this bill.  However, data provided for violations under RSA 215-A:21, RSA 215-A:29, and RSA 215-C:30 may include additional offenses not being amended by this bill.

 

*Some fields in the Judicial Branch dataset did not record an arresting agency.

 

AGENCIES CONTACTED:

Fish And Game Department and Judicial Branch

 

Docket

Date Status
Jan. 3, 2019 Introduced 01/03/2019 and referred to Resources, Recreation and Development HJ 3 P. 22
Feb. 6, 2019 Public Hearing: 02/06/2019 11:15 am LOB 305
Feb. 13, 2019 Executive Session: 02/13/2019 10:00 am LOB 305
Committee Report: Ought to Pass with Amendment # 2019-0458h (Vote 19-0; RC)
Feb. 27, 2019 Committee Report: Ought to Pass with Amendment # 2019-0458h for 02/27/2019 (Vote 19-0; RC) HC 13 P. 24
Feb. 28, 2019 Amendment # 2019-0458h: AA VV 02/28/2019 HJ 7 P. 18
Feb. 28, 2019 Ought to Pass with Amendment 2019-0458h: MA VV 02/28/2019 HJ 7 P. 18
Feb. 28, 2019 Referred to Criminal Justice and Public Safety 02/28/2019 HJ 7 P. 18
March 26, 2019 ==ROOM CHANGE== Public Hearing: 03/26/2019 11:30 am LOB 206-208
March 27, 2019 Executive Session: 03/27/2019 10:00 am LOB 204
April 4, 2019 Majority Committee Report: Ought to Pass for 04/04/2019 (Vote 18-2; RC) HC 18 P. 4
Majority Committee Report: Ought to Pass (Vote 18-2; RC)
Minority Committee Report: Inexpedient to Legislate
April 4, 2019 Ought to Pass: MA RC 292-81 04/04/2019
April 11, 2019 Introduced 04/11/2019 and Referred to Judiciary; SJ 13
May 9, 2019 Hearing: 05/09/2019, Room 100, SH, 11:20 am; SC 21
May 15, 2019 Committee Report: Ought to Pass, 05/15/2019; SC 22
May 15, 2019 Ought to Pass: MA, VV; OT3rdg; 05/15/2019; SJ 16

Action Dates

Date Body Type
Feb. 6, 2019 House Hearing
Feb. 13, 2019 House Exec Session
House Floor Vote
Feb. 27, 2019 House Floor Vote
March 26, 2019 House Hearing
March 27, 2019 House Exec Session
April 4, 2019 House Floor Vote
May 9, 2019 Senate Hearing
May 15, 2019 Senate Floor Vote

Bill Text Revisions

HB630 Revision: 4908 Date: Jan. 16, 2019, 9:01 a.m.
HB630 Revision: 5433 Date: April 1, 2019, 11:12 a.m.
HB630 Revision: 5979 Date: May 15, 2019, 3:26 p.m.