Revision: May 30, 2019, 10:18 a.m.
HB 630-FN - VERSION ADOPTED BY BOTH BODIES
28Feb2019... 0458h
23May2019... 2238-EBA
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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.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
23May2019... 2238-EBA 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 prima 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.
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
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| 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) | ||||
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COUNTY: |
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Revenue | Indeterminable Increase | Indeterminable Increase | Indeterminable Increase | Indeterminable Increase | |
Expenditures | $0 | $0 | $0 | $0 | |
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LOCAL: |
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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 |
11 | $70 Fine X 11 = $770 | $248 Fine X 11 = $2,728 | $1,958 | |
123 | $120 Fine X 123 = $14,760 | $248 Fine X 123 = $30,504 | $15,744 | |
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 |
163 | $120 Fine X 163 = $19,560 | $248 Fine X 163 = $40,424 | $20,864 | |
89 | $120 Fine X 89 = $10,680 | $248 Fine X 89 = $22,072 | $11,392 | |
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 |
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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 |
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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