HB 128-FN – AS AMENDED BY THE HOUSE
23Feb2005… 0247h
2005 SESSION
04/01
HOUSE BILL 128-FN
AN ACT relative to negligent operation of a carnival or amusement ride.
SPONSORS: Rep. Stone, Rock 1; Rep. Knowles, Straf 6; Sen. Green, Dist 6; Sen. Barnes, Dist 17
COMMITTEE: Criminal Justice and Public Safety
This bill establishes penalties for negligent operation of a carnival ride or amusement ride.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
23Feb2005… 0247h
05-0084
04/01
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Five
AN ACT relative to negligent operation of a carnival or amusement ride.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Section; Negligent Operation of a Carnival Ride or Amusement Ride. Amend RSA 631 by inserting after section 3-a the following new section:
631:3-b Negligent Operation of a Carnival Ride or Amusement Ride.
I. A person engages in negligent operation of a carnival ride or amusement ride if such person, or such person’s employee or agent:
(a) Negligently operates such ride in a manner that places or may place a bystander or passenger in danger of bodily injury; or
(b) Negligently fails to enforce established manufacturers’ guidelines for safe operation of such ride; or
(c) Operates such ride while impaired by intoxicating liquor or a controlled drug. A person operating such ride who is under the age of 21 with a blood alcohol content of .02 percent or more shall constitute prima facie evidence of impairment. A person operating such ride who is 21 years of age or older with a blood alcohol content of .04 percent or more shall constitute prima facie evidence of impairment.
II. Any person who refuses to submit to a blood or breath test, upon request of a law enforcement officer or an employee of the department of safety authorized to enforce carnival and amusement ride regulations who has reasonable suspicion that the operator is impaired, shall be guilty of a violation. Any person who violates any other provision of this section shall be guilty of a misdemeanor if no bodily injury results and guilty of a class B felony if bodily injury to any other person results.
2 Effective Date. This act shall take effect upon its passage.
LBAO
05-0084
Amended 2/28/05
HB 128 FISCAL NOTE
AN ACT relative to negligent operation of a carnival or amusement ride
FISCAL IMPACT:
The Judicial Branch, Judicial Council, and Departments of Safety and Corrections state this bill, as amended by the House (House Amendment #2005-0247h), will increase state revenue and expenditures by an indeterminable amount in FY 2006 and each year thereafter. There will be no fiscal impact on county and local revenue or expenditures
METHODOLOGY:
The Judicial Branch states this bill makes criminal certain operation of a carnival or amusement ride. The first offense is a violation, subsequent offenses are unspecified misdemeanors. First offenses for a corporation are unspecified misdemeanors and subsequent offenses are class B felonies. The Judicial Branch cannot predict how many prosecutions will be brought pursuant to the proposed statute, and Judicial Branch statistics reveal no offenses under that statute. On the assumption that this proposed statute will similarly result in few additional cases, the fiscal impact to the Judicial Branch will be minimal. The Branch states that any fiscal impact will result in increased delays in the processing of other cases.
The Judicial Council states that only the penalty provisions relating to any person are of concern to the Council, as a business entity does not have a right to counsel. The Council states that only a second offense of this crime is indigent eligible since a first offense is a violation level charge. The Council assumes that any cases arising from the enactment of this bill for which the Indigent Defense Fund may be liable will, in the first instance, be handled by the public defender or a contract attorney who accepts these cases on a fixed fee basis of $250 per misdemeanor charged. If an assigned counsel attorney must be used, the hourly rate of $60 with a fee cap of $1,000 will apply. If a motion to exceed the fee cap is approved and/or “services other than counsel” are approved, these will also be chargeable to the Indigent Defense Fund. Any charge within the criminal justice system, committed by a juvenile, will be compensated within the flat fee contract system of $250 per case through disposition, plus $187.50 for each and every review hearing following disposition. Assigned counsel will be at the $60 per hour rate with a fee cap of $1,200. The fee cap may be waived upon motion filed with the court and approved in advance. Any case may also result in appeals to either the Superior Court or to the Supreme Court which would have a cost implication for Indigent Defense expenditures made by the State. The Council is unable to predict the number of cases which may result from the passage of this bill, and also unable to determine the exact fiscal impact at this time.
The Department of Safety states this bill establishes penalties for reckless or negligent operation of a carnival ride or amusement ride. Any potential state fine monies assessed and received would be revenue to the State General Fund, the Police Standards and Training Fund, and the Victims Assistance Fund. The Department is unable to predict the exact fiscal impact at this time.
The Department of Corrections states the number of individuals who will be sentenced under this legislation cannot be predicted, however, the average annual cost of incarcerating an individual in the general prison population for FY 2004 was $27,533.
The Department of Justice states this bill will have no fiscal impact on the Department.