SB341: relative to prohibited methods of taking wildlife in certain fish and game laws.

SB 341-FN - AS AMENDED BY THE SENATE

02/05/04 0266s

2004 SESSION

04-3039

10/01

SENATE BILL 341-FN

AN ACT relative to prohibited methods of taking wildlife in certain fish and game laws.

SPONSORS: Sen. Gallus, Dist 1; Sen. Odell, Dist 8; Sen. Morse, Dist 22; Sen. Kenney, Dist 3; Sen. Boyce, Dist 4; Rep. Stohl, Coos 1; Rep. Woodward, Coos 3; Rep. Brady, Coos 2; Rep. Russell, Belk 31; Rep. Guay, Coos 2

COMMITTEE: Wildlife and Recreation

AMENDED ANALYSIS

This bill adds bow and arrow and crossbow and bolt to fish and game laws related to certain prohibited uses of firearms.

This bill also clarifies the extent of the traveled portion of highways on which the discharge of firearms, bow and arrow, and crossbow and bolt on or across highways in pursuit of wild birds or animals is prohibited.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

02/05/04 0266s

04-3039

10/01

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Four

AN ACT relative to prohibited methods of taking wildlife in certain fish and game laws.

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

1 Method of Taking Wildlife; Prohibition; Crossbow Added. Amend RSA 207:3-a to read as follows:

207:3-a Prohibition. It is unlawful for a person to discharge a firearm or to shoot with a bow and arrow or crossbow and bolt within 300 feet of a permanently occupied dwelling without permission of the owner or the occupant of the dwelling or from the owner of the land on which the person discharging the firearm or shooting the bow and arrow or crossbow and bolt is situated. Whoever violates the provisions of this section shall be guilty of a violation if a natural person, or guilty of a misdemeanor if any other person.

2 Discharging Firearm Across Highway; Bow, Crossbow Added. Amend RSA 207:3-c to read as follows:

207:3-c Use of Firearms, Bow, or Crossbow in or Across Highway Prohibited. No person shall discharge a firearm [in pursuit of wild birds or wild animals], bow and arrow, or crossbow and bolt from within 15 feet of the traveled portion of or across any class I through V [public] highway of the state [including]; except for the New Hampshire turnpike system as defined in RSA 237:1, III or other divided highways, where the prohibition shall be within the rights of way thereof. This section shall not apply to those persons holding a special permit pursuant to RSA 207:7-a. Any person convicted of discharging a firearm, bow and arrow, or crossbow and bolt under the provisions of this section shall be guilty of a violation.

3 Illegal Night Hunting; Firearms; Bow and Arrow; Crossbow. Amend RSA 208:8, III(a) to read as follows:

(a) Uses or is found in the possession of a bow and arrow, crossbow and bolt, a muzzle-loading firearm with live ammunition components to fit, or a rifle, revolver, or pistol larger than .22 caliber long rifle; or

4 Effective Date. This act shall take effect January 1, 2005.

LBAO

04-3039

12/30/03

SB 341-FN - FISCAL NOTE

AN ACT relative to prohibited methods of taking wildlife in certain fish and game laws.

FISCAL IMPACT:

The Judicial Branch, Judicial Council, and Association of Counties state this bill may increase state and county expenditures by an indeterminable amount in FY 2005 and each year thereafter. There will be no fiscal impact on local expenditures or state, county and local revenues.

METHODOLOGY:

The Judicial Branch states that this bill amends three hunting statutes to bring within the prohibition of each, certain methods of hunting. Since each of these prohibitions involves new violation or misdemeanor offenses there is a potential fiscal impact to the Judicial Branch. The Judicial Branch has no information to estimate how much judicial activity will be required as a result of this bill. Using historic volume as an indicator, the Judicial Branch estimates there will be a minimal number of new charges brought, and therefore, a minimal fiscal impact to the Branch.

The Judicial Council states it is not possible to accurately predict the number of cases that may result from the enactment of this bill. However, the Council believes the number of cases that will require indigent defense funds are expected to be minimal. It is likewise not possible to place an exact dollar figure on the potential cost associated with the enactment of this legislation. Otherwise, the usual assumptions apply. It is assumed that the individual so charged has been determined to be indigent, at which time the court will proceed to appoint an attorney to represent the defendant. If a public defender or contract attorney is appointed to the case, the fixed contract rate of $250 will apply to each case so charged. If an assigned counsel attorney (the third tier in the scheme of statutory appointment of counsel) must be used, due to either conflict of interest or for reasons of caseload limitations, the $60 per hour rate will apply to the case, with a fee cap of $1,000. This fee cap may be waived upon motion filed in advance with the court. If any "services other than counsel" are filed as a necessary part of the defense of a case, they would also be payable from Indigent Defense Funds.

LBAO

04-3039

12/30/03

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The Association of Counties states that the fiscal impact of this bill will depend on how many individuals are sentenced to a county house of corrections pursuant to the statute. The Association has estimated the average annual cost to incarcerate an individual in a county house of corrections to be $21,634.

The Department of Justice states that the Department seldom becomes involved in the prosecution of hunting violations. The Department, therefore, assumes the change in the penalty for the violations in this bill would have a negligible effect on the Department.

The Department of Fish and Game states that this bill will not impact their Department.