HB 1654-FN – AS INTRODUCED
2010 SESSION
10/05
HOUSE BILL 1654-FN
AN ACT relative to state house security.
SPONSORS: Rep. Hardy, Hills 27; Rep. J. Day, Rock 13; Rep. Kepner, Rock 15; Rep. Moody, Rock 12
COMMITTEE: Legislative Administration
This bill prohibits the carrying of firearms or other deadly weapons into the state house or legislative office building. Violations are a class B felony.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
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STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Ten
AN ACT relative to state house security.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Section; Legislative Officers and Proceedings; State House Security. Amend RSA 14 by inserting after section 14-c the following new section:
14:14-d State House Security.
I. No person shall knowingly carry a loaded or unloaded pistol, revolver, or firearm or any other deadly weapon as defined in RSA 625:11, V, whether open or concealed or whether licensed or unlicensed, upon the person or within any of the person’s possessions owned or within the person’s control in the state house or legislative office building. Whoever violates the provisions of this paragraph shall be guilty of a class B felony.
II. Firearms may be secured at the entrance to the state house or legislative office building by legislative security officers.
III. The provisions of this section shall not apply to marshals, sheriffs, deputy sheriffs, police, or other duly appointed or elected law enforcement officers.
IV. The joint committee on legislative facilities shall authorize the installation and maintenance of metal detectors at appropriate entrances to the state house and legislative office building.
2 Effective Date. This act shall take effect January 1, 2011.
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HB 1654-FN - FISCAL NOTE
AN ACT relative to state house security.
FISCAL IMPACT:
The Legislative Branch, Department of Administrative Services, Judicial Branch, Judicial Council, Department of Justice, and Department of Corrections state this bill would increase state and county expenditures by an indeterminable amount in FY 2011 and each year thereafter. There will be no fiscal impact on state, county and local revenue or local expenditures.
METHODOLOGY:
The Legislative Branch states the proposed bill would add RSA 14:14-d to prohibit individuals from knowingly carrying firearms into the state house or legislative office building, with an exception for law enforcement officers. To carry out enforcement, this bill allows the joint legislative committee on legislative facilities to authorize the installation and maintenance of metal detectors at appropriate entrances to both buildings. The Branch states the state house has 5 entrances and the legislative office building 3 entrances where it would be appropriate to install metal detectors and gun safes. The Branch states these entrances would also need a security officer stationed at each. Currently, there are only three entrances staffed with security officers, so the Branch estimates the proposed bill would require the hiring of five additional security officers (Legislative Salary Grade G). The Branch estimates the cost of a metal detector at $6,000 per unit with annual maintenance agreements on all units totaling approximately $3,000, and estimates the cost of a gun safe at $600. This bill does not contain an appropriation or establish positions. Assuming an effective date of January 1, 2011, the estimated fiscal impact is as follows –
FY 2011
(Half-Year) FY 2012 FY 2013 FY 2014
Metal Detectors
8 units $48,000 $0 $0 $0
Maintenance Agreement $3,000 $3,000 $3,000 $3,000
Gun Safes (8 units) $4,800 $0 $0 $0
5 Security Officers (w/benefits) $116,435 $242,560 $252,665 $263,205
Total $172,235 $245,560 $255,665 $266,205
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The Department of Administrative Services states this bill will increase state expenditures by $11,000 in FY 2011 and $800 in FY 2012 and each year thereafter. The Department assumes the state will purchase two metal detectors and two 24-unit gun lockers and install them in the main front entrances of the state house and the legislative office building by January 31, 2011, to be staffed by existing security personnel at no additional cost. The Department assumes other entrances to the buildings will be closed to the public. The Department estimates costs to purchase and install the detectors to be $8,000 ($4,000 x 2) and also assumes the detectors will be installed by current state electricians at no additional labor cost to the state. Firearms may be left with security personnel and secured in the gun lockers by those wishing to enter the buildings. The Department estimates the total cost of the gun lockers to be $3,000 ($1,500 x 2). The Department also estimates annual maintenance and calibration on the metal detectors to be approximately $800.
The Judicial Branch states violations of the prohibition in the proposed bill would be punished as a class B felony. The Branch has no information to estimate how many new felonies would be brought as a result of this bill, however the Branch states the cost of an average routine felony case is $335.98 in FY 2011 and each year thereafter. The possibility of appeals increases the likelihood the fiscal impact on the Branch will exceed $10,000.
The Judicial Council states this bill may result in an indeterminable increase in general fund expenditures. The Council states if an individual is found to be indigent, the flat fee of $756.24 per felony is charged by a public defender or contract attorney. If an assigned counsel attorney is used the fee is $60 per hour with a cap of $4,100 for a felony charge. The Council also states additional costs could be incurred if an appeal is filed. The public defender, contract attorney and assigned counsel rates for Supreme Court appeals is $2,000 per case, with many assigned counsel attorneys seeking permission to exceed the fee cap. Requests to exceed the fee cap are seldom granted. Finally, expenditures would increase if services other than counsel are requested and approved by the court during the defense of a case or during an appeal.
The Department of Justice states this bill may increase state expenditures. The Department states county attorneys would typically prosecute felony cases such these, however if the offender was a state official, the prosecution would be handled by the Department’s public integrity unit. Also, the potential of these additional felonies as a result of this bill could also lead to an increase in costs for the criminal justice bureau related to any appeals. However, the
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Department cannot estimate the number of cases that would be generated or the number of appeals to be filed, so it cannot project the specific increases in time and money spent as a result of the proposed bill.
The Department of Corrections states the average annual cost of incarcerating an individual in the general prison population for the fiscal year ending June 30, 2009 was $33,110. The cost to supervise an individual by the Department’s division of field services for the fiscal year ending June 30, 2009 was $744. The Department states this bill may increase expenditures by an indeterminable amount, but crime and arrest data is not available in sufficient detail to predict the number of individuals that might be impacted by this legislation.
The Department of Safety states this bill would have no impact on the Department.