HB
1600-FN - AS INTRODUCED
2016
SESSION
16-2560
08/04
HOUSE
BILL 1600-FN
AN
ACT prohibiting the possession of a flame thrower.
SPONSORS:
Rep. Rogers, Merr. 28; Rep. Rollo, Straf. 18; Rep. Horrigan,
Straf. 6; Rep. C. Chase, Ches. 8; Rep. Pearson, Ches. 4
COMMITTEE:
Criminal Justice and Public Safety
ANALYSIS
This
bill prohibits the possession of a flamethrowing device except in
certain circumstances.
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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which is either (a) all new or (b) repealed and reenacted appears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.
16-2560
08/04
STATE
OF NEW HAMPSHIRE
In
the Year of Our Lord Two Thousand Sixteen
AN
ACT prohibiting the possession of a flame thrower.
Be
it Enacted by the Senate and House of Representatives in General
Court convened:
1
New Subdivision; Flamethrowing Devices. Amend RSA 159
by inserting after section 26 the following new subdivision:
Flamethrowing
Devices
159:27
Flamethrowing Devices.
I.
For the purposes of this section, "flamethrowing device"
means any nonstationary and transportable device designed or
intended to emit or propel a burning stream of combustible or
flammable liquid a distance of at least 10 feet.
II.
No person shall use or possess a flamethrowing device. Any
person who uses or possesses a flamethrowing device shall be
guilty of a class B misdemeanor.
III.
This section shall not apply to the sale, purchase,
possession, transportation, storage, or use of a flamethrowing
device if:
(a)
The person is regularly employed by or a paid officer,
employee, or member of a fire department, fire protection
district, or firefighting agency of the federal government, the
state, a municipality, or other political subdivision of this
state;
(b)
The person is on duty and acting within the course and scope
of his or her employment;
(c)
The flamethrowing device is used by the fire department,
fire protection district, or firefighting agency described in
subparagraph (a); and
(d)
The person is using the flamethrowing device in the course
of fire suppression.
2
Effective Date. This act shall take effect January 1,
2017.
LBAO
16-2560
12/7/15
HB
1600-FN- FISCAL NOTE
AN
ACT prohibiting the possession of a flame thrower.
FISCAL
IMPACT:
The
Office of Legislative Budget Assistant states this bill, as
introduced,
may increase 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
Office of Legislative Budget Assistant tates this bill contains
penalties that may have an impact on the New Hampshire judicial
and correctional systems, specifically establishing a class B
misdemeanor for using or possessing a flame throwing device.
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 Judicial
Branch and New Hampshire Association of Counties have provided the
Office 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
|
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
|
The
Department of Justice states class B misdemeanor offenses are
typically prosecuted by local and county prosecutors, therefore
this bill will have no fiscal impact on the Department's
expenditures. The Department would handle any appeals from
the newly created offense within their budget.
|