gencourt

HB 655-FN - AS AMENDED BY THE HOUSE

13Mar2025... 0063h

2025 SESSION

25-0347

09/08

HOUSE BILL 655-FN

AN ACT relative to fish and game violations and permits.

SPONSORS: Rep. Spillane, Rock. 2; Rep. Cole, Hills. 26; Rep. Darby, Hills. 11; Rep. Edwards, Rock. 31; Rep. Khan, Rock. 30; Rep. Love, Rock. 13; Rep. Popovici-Muller, Rock. 17; Rep. Ouellet, Coos 3; Sen. Gannon, Dist 23; Sen. Sullivan, Dist 18; Sen. Watters, Dist 4

COMMITTEE: Fish and Game and Marine Resources

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AMENDED ANALYSIS

This bill:

I. Increases the restitution for the illegal taking or possession of certain animals, and make such restitution mandatory.

II. Allows for an increased hunting license suspension for a third violation of a fish and game law or regulation.

III. Establishes a class A misdemeanor penalty for a third-offense violation of fish and game offenses that carry a license suspension penalty.

IV. Removes the requirement that a crossbow permit issued for certain persons with a disability be perpetual.

This bill is at the request of the fish and game commission.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

13Mar2025... 0063h 25-0347

09/08

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Twenty Five

AN ACT relative to fish and game violations and permits.

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

1 Fish and Game; Restitution for Illegal Taking or Possessing. Amend RSA 207:55 to read as follows:

207:55 Restitution for Illegal Taking or Possessing.

I. In addition to the penalties provided for violating any of the provisions of RSA title LXII or title XVIII or any rule made under the authority thereof, any person convicted of the illegal taking or illegal possession of game animals, game birds, or fur-bearing animals, resulting in the injury, death, or destruction of the same, [may] shall be sentenced to make restitution to the state for the value of each game animal, game bird, or fur-bearing animal so taken or possessed as follows:

(a) Marten, moose and bear: $1,000 per animal illegally taken or illegally possessed.

(b) Deer: [$250] $1,000 per animal illegally taken or illegally possessed.

(d) Wild turkey: [$200] $500 per bird illegally taken or illegally possessed.

(e) Ruffed grouse, spruce grouse, pheasant, woodcock, ducks or geese: [$15] $50 per bird illegally taken or illegally possessed.

(f) Fisher, bobcat, otter, and fox: [$200] $500 per animal illegally taken or illegally possessed.

(g) [Fox: $75 per animal illegally taken or illegally possessed.

(h)] Beaver, [and] mink, and raccoon: [$20] $250 per animal illegally taken or illegally possessed.

[(i) Raccoon: $20 per animal illegally taken or illegally possessed.]

II. In every case of conviction involving the illegal taking or illegal possession of game animals, game birds, or fur-bearing animals, the court [may] shall order the defendant to reimburse the state in a sum or sums not to exceed the amount as established in paragraph I. Such reimbursements shall be paid directly to the court. If 2 or more defendants are convicted of the illegal taking or the illegal possession of the game animal, game bird or fur-bearing animal the reimbursement above prescribed shall be declared against them jointly and severally.

III. Courts ordering such reimbursement damages shall remit such monies as prescribed in RSA 206:34. Monies collected from such reimbursement damages shall be deposited in the fish and game fund.

IV. Any person failing to make a [damage assessment] restitution payment as ordered by the court shall be guilty of contempt and such person shall not be eligible to purchase any license issued by the fish and game department until all assessments are paid in full.

2 New Paragraph; Fish and Game; Revocation or Suspension for Conviction. Amend RSA 214:19 by inserting after paragraph II the following new paragraph:

II-a. The executive director shall revoke or suspend the license of any person who has been found guilty in any court a third time within 7 years of the first finding of guilty of a violation of any such law or regulation, for a period of not less than one year nor more than 7 years from the date of such finding or conviction.

3 New Paragraph; Fish and Game; Penalties. Amend RSA 214:37 by inserting after paragraph IV the following new paragraph:

V. Any person who has been found guilty, in any court, of 3 separate violations of any law under Title XVIII that carries a license suspension penalty, within 7 years of the first finding of guilty of any such violation, shall be deemed a habitual offender and shall be guilty of a Class A misdemeanor.

4 Crossbows Permitted for Certain Persons with a Disability. Amend RSA 207:10-c, II to read as follows:

II. [The crossbow permit shall be perpetual.] The executive director shall retain the records for such permits for a period not less than 7 years. Loss or destruction of the permit after 7 years shall obligate the permittee to re-establish eligibility.

5 Effective Date.

I. Sections 1 and 3 of this act shall take effect 60 days after its passage.

II. The remainder of this act shall take effect upon its passage.

LBA

25-0347

1/11/25

HB 655-FN- FISCAL NOTE

AS INTRODUCED

AN ACT relative to fish and game violations.

FISCAL IMPACT:


Estimated State Impact
	FY 2025	FY 2026	FY 2027	FY 2028
Revenue	Indeterminable
Revenue Fund	Fish and Game Fund
Expenditures*	Indeterminable
Funding Source	General Fund, Fish and Game Fund
Appropriations*	$0	$0	$0	$0
Funding Source	None
Expenditure = Cost of bill Appropriation = Authorized funding to cover cost of bill

Estimated Political Subdivision Impact
	FY 2025	FY 2026	FY 2027	FY 2028
County Revenue	$0	$0	$0	$0
County Expenditures	Indeterminable
Local Revenue	$0	$0	$0	$0
Local Expenditures	Indeterminable

The Office of Legislative Budget Assistant is unable to provide a complete fiscal note for this bill, as introduced, as it is awaiting information from the Fish and Game Department. The Department was originally contacted on 12/10/24 for a fiscal note worksheet. When completed, a revised fiscal note will be forwarded to the House Clerk's Office.

METHODOLOGY:

This bill adds, deletes, or modifies a criminal penalty, or changes statute to which there is a penalty for violation. Therefore, this bill may have an impact on the judicial and correctional systems, which could affect prosecution, incarceration, probation, and parole costs, for the state, as well as county and local governments. A summary of such costs can be found at: https://gencourt.state.nh.us/lba/Budget/Fiscal_Notes/JudicialCorrectionalCosts.pdf

Any impact this bill may have on the Fish and Game Department is unknown at this time.

AGENCIES CONTACTED:

Judicial Branch, Judicial Council, Department of Justice, Department of Corrections, Fish and Game Department, New Hampshire Association of Counties, and New Hampshire Municipal Association