SB588 (2020) Detail

Relative to wanton waste of an animal and prohibiting wildlife killing contests.


SB 588-FN - AS INTRODUCED

 

 

2020 SESSION

20-2781

04/03

 

SENATE BILL 588-FN

 

AN ACT relative to wanton waste of an animal and prohibiting wildlife killing contests.

 

SPONSORS: Sen. Watters, Dist 4; Sen. Kahn, Dist 10; Sen. Hennessey, Dist 5; Sen. Feltes, Dist 15; Rep. Read, Rock. 17; Rep. Kenney, Straf. 6

 

COMMITTEE: Energy and Natural Resources

 

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ANALYSIS

 

This bill prohibits wanton waste of an animal and prohibits wildlife killing contests.

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

20-2781

04/03

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Twenty

 

AN ACT relative to wanton waste of an animal and prohibiting wildlife killing contests.

 

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

 

1  New Paragraph; General Provisions as to Fish and Game; Definitions.  Amend RSA 207:1 by inserting after paragraph XXIX the following new paragraph:

XXIX-a.  Wanton waste: The act of intentionally leaving a wounded or killed animal in the field or forest without making a reasonable effort to retrieve and render it for consumption or use.

2  New Section; General Provisions as to Fish and Game; Wanton Waste.  Amend RSA 207 by inserting after section 3-e the following new section:

207:3-f  Wanton Waste.  No person shall commit wanton waste of a wild bird or wild animal that has been wounded or killed by that person while hunting.  The executive director shall make rules regarding the applicability to hunting and fishing in the state.  Any person who violates this section shall be guilty of a violation.

3  New Subdivision; Wildlife Killing Contests Prohibited.  Amend RSA 207 by inserting after section 62 the following new subdivision:

Wildlife Killing Contests Prohibited

207:63  Wildlife Killing Contests Prohibited.  

I.  No person, natural or otherwise, shall organize, promote, solicit participation in, or participate in any contest that results in the taking of fur-bearing animals, game animals, migratory game birds as defined in RSA 209:5, or any other wildlife, except for fish.  For the purposes of this section, a "contest" shall mean any organized or sponsored competition among 2 or more participants where prizes of cash, goods, or other inducements are awarded for the taking of non fish wildlife.

II.  Any person who violates this section shall be guilty of a class B misdemeanor.

III.  This section shall not apply to any lawful manner of taking, open season time limits, permitted scientific investigations, or wildlife management practices authorized under title XVIII or administrative rules adopted pursuant to RSA 541-A.

4  Effective Date.  This act shall take effect 60 days after its passage.

 

LBAO

20-2781

12/9/19

 

SB 588-FN- FISCAL NOTE

AS INTRODUCED

 

AN ACT relative to wanton waste of an animal and prohibiting wildlife killing contests.

 

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

 

 

 

Estimated Increase / (Decrease)

STATE:

FY 2020

FY 2021

FY 2022

FY 2023

   Appropriation

$0

$0

$0

$0

   Revenue

$0

$0

$0

$0

   Expenditures

$0

Indeterminable

Indeterminable

Indeterminable

Funding Source:

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

 

 

 

 

 

COUNTY:

 

 

 

 

   Revenue

$0

$0

$0

$0

   Expenditures

$0

Indeterminable

Indeterminable

Indeterminable

 

METHODOLOGY:

This bill relates to wanton waste of wild birds and animals and the prohibition of wildlife killing contests, and creates violation and misdemeanor level offenses.  There is no method to determine how many charges would be brought as a result of the changes contained in this bill to determine the fiscal impact on expenditures.  However, the entities impacted have provided the potential costs associated with these penalties below.

 

Judicial Branch

FY 2021

FY 2022

Violation Level Offense

$52

$54

Class B Misdemeanor

$54

$56

Class A Misdemeanor

$77

$79

Simple Criminal Case

$300

$314

Appeals

Varies

Varies

It should be noted that average case cost estimates for FY 2021 and FY 2022 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.  An unspecified misdemeanor can be either class A or class B, with the presumption being a class B misdemeanor.

Judicial Council

 

 

Public Defender Program

Has contract with State to provide services.

Has contract with State to provide services.

Contract Attorney – Misdemeanor

$300/Case

$300/Case

Assigned Counsel – Misdemeanor

$60/Hour up to $1,400

$60/Hour up to $1,400

It should be noted that a person needs to be found indigent and have the potential of being incarcerated to be eligible for indigent defense services. The majority of indigent cases (approximately 85%) are handled by the public defender program, with the remaining cases going to contract attorneys (14%) or assigned counsel (1%).

NH Association of Counties

 

 

County Prosecution Costs

Indeterminable

Indeterminable

Estimated Average Daily Cost of Incarcerating an Individual

$105 to $120

$105 to $120

 

Many offenses are prosecuted by local and county prosecutors.  When the Department of Justice has investigative and prosecutorial responsibility or is involved in an appeal, the Department would likely absorb the cost within its existing budget.  If the Department needs to prosecute significantly more cases or handle more appeals, then costs may increase by an indeterminable amount.  

 

AGENCIES CONTACTED:

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

 

Links

SB588 at GenCourtMobile
SB588 Discussion

Action Dates

Date Body Type
Feb. 18, 2020 Senate Hearing

Bill Text Revisions

SB588 Revision: 7847 Date: Jan. 6, 2020, 3:36 p.m.

Docket

Date Status
Jan. 8, 2020 To Be Introduced 01/08/2020 and Referred to Energy and Natural Resources; SJ 1
Feb. 18, 2020 Hearing: 02/18/2020, Room 103, SH, 09:20 am; SC 6