HB1266: (New Title) legalizing firecrackers.

HB 1266 - VERSION ADOPTED BY BOTH BODIES

9Mar2016... 0412h

2016 SESSION

16-2253

05/08

HOUSE BILL 1266

AN ACT legalizing firecrackers.

SPONSORS: Rep. Weyler, Rock. 13; Rep. Itse, Rock. 10; Rep. Burt, Hills. 39; Rep. Hull, Graf. 9

COMMITTEE: Criminal Justice and Public Safety

AMENDED ANALYSIS

This bill legalizes the sale of firecrackers.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

9Mar2016... 0412h 16-2253

05/08

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Sixteen

AN ACT legalizing firecrackers.

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

1 Definition of Permissible Fireworks. Amend RSA 160-C:1, V to read as follows:

V. "Permissible fireworks'' means consumer fireworks, except for those items that are prohibited pursuant to RSA 160-B:16[, 160-B:16-b,] and 160-B:16-c.

2 Repeal. RSA 160-B:16-b, relative to the prohibition on the retail sale of firecrackers, is repealed.

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

LBAO 16-2253

Amended 3/21/16

HB 1266 - FISCAL NOTE

AN ACT legalizing firecrackers.

FISCAL IMPACT:

The Legislative Budget Assistant Office states this bill, as amended by the House (Amendment #2016-0412h), may decrease state and county expenditures by an indeterminable amount in FY 2017 and each year thereafter. There will be no fiscal impact on local expenditures or state, county, and local revenue.

METHODOLOGY:

The Legislative Budget Assistant Office (LBAO) states this bill repeals RSA 160-B:16-b, which contains an unspecified misdemeanor penalty relative to the prohibition on the retail sale of firecrackers, and therefore may have an impact on the New Hampshire judicial and correctional systems. An unspecified misdemeanor can be either class A or class B, with the presumption being a class B misdemeanor. There is no method to determine how many fewer charges would be brought as a result of the changes contained in this bill to determine the fiscal impact on expenditures. However, the Judicial Branch and New Hampshire Association of Counties have provided the LBAO with potential costs associated with the penalties contained in this bill. See table below for average cost information:

FY 2017

FY 2018

Judicial Branch

Class B Misdemeanor

$50

$53

Class A Misdemeanor

$70

$74

Appeals

Varies

Varies

It should be noted average case cost estimates for FY 2017 and FY 2018 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.

NH Association of Counties

County Prosecution Costs

Indeterminable

Indeterminable

Estimated Average Daily Cost of Incarcerating an Individual

$85 to $110

$85 to $110