HB1381: (New Title) relative to the sale of smoke bombs.

HB 1381-FN - AS AMENDED BY THE HOUSE

9Mar2016... 0416h

2016 SESSION

16-2667

04/08

HOUSE BILL 1381-FN

AN ACT relative to the sale of smoke bombs.

SPONSORS: Rep. L. Christiansen, Hills. 37

COMMITTEE: Criminal Justice and Public Safety

AMENDED ANALYSIS

This bill creates an exception for the sale or use of smoke bombs by a person licensed to sell permissible fireworks.

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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.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... 0416h 16-2667

04/08

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Sixteen

AN ACT relative to the sale of smoke bombs.

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

1 Smoke Bombs. Amend RSA 644:16-b, II to read as follows:

II. With the exception of persons or groups, including law enforcement organizations, who use smoke bombs for training purposes or to protect property or lives, and with the exception of smoke bombs sold or offered for sale by a person licensed to sell permissible fireworks pursuant to RSA 160-C, any person who sells, barters, lends, or gives to any person a smoke bomb and any person who uses a smoke bomb in a public place shall be guilty of a violation.

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

LBAO 16-2667

Amended 3/16/16

HB 1381-FN- FISCAL NOTE

AN ACT relative to the sale of smoke bombs.

FISCAL IMPACT:

The Judicial Branch and the Department of Safety state this bill, as amended by the House (Amendment #2016-0416h), will have an indeterminable fiscal impact on state expenditures in FY 2017 and in each year thereafter. There will be no fiscal impact state revenue or on county and local expenditures or revenue.

METHODOLOGY:

The Judicial Branch states this bill would amend RSA 644:16-b, II, which makes it a violation level offense to sell or use smoke bombs by adding an exception for smoke bombs sold, or offered for sale, by a person licensed to sell permissible fireworks pursuant to RSA 160-C. While this change could result in fewer violation level offenses being prosecuted and therefore savings to the Branch, based on statistics for the past ten years there were only five prosecutions. Based on that history, the Branch concludes this bill will have a fiscal impact of less than $10,000 per year.

The Department of Safety, Division of Fire Safety does not currently charge a fee, issue a license, or issue permits to the general public for the use of smoke bombs, therefore revenue would not increase from smoke bomb sales. The Department states there could be an indeterminable increase in the workload and expenditures for fireworks investigators concerning enforcement and incidents involving these devices.