Bill Text: NH SB498 | 2018 | Regular Session | Amended
Bill Title: Requiring an annual report detailing activity related to forfeiture of personal property.
Spectrum: Partisan Bill (Republican 4-0)
Status: (Passed) 2018-06-14 - Signed by the Governor on 06/08/2018; Chapter 0231; Effective 06/08/2018 [SB498 Detail]
Download: New_Hampshire-2018-SB498-Amended.html
SB 498-FN - AS AMENDED BY THE SENATE
03/08/2018 0899s
2018 SESSION
18-2901
04/06
SENATE BILL 498-FN
AN ACT requiring an annual report detailing activity related to forfeiture of personal property.
SPONSORS: Sen. French, Dist 7; Rep. Hill, Merr. 3; Rep. Plumer, Belk. 6; Rep. Sylvia, Belk. 6
COMMITTEE: Judiciary
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AMENDED ANALYSIS
This bill requires the attorney general to post an annual report on the department's website detailing activity related to forfeiture of personal property.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
03/08/2018 0899s 18-2901
04/06
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Eighteen
AN ACT requiring an annual report detailing activity related to forfeiture of personal property.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Section; Forfeitures of Personal Property; Report. Amend RSA 617 by inserting after section 11 the following new section:
617:12 Report.
I. The attorney general, no later than 120 days after the close of the fiscal year, shall post a report on the department of justice website detailing forfeiture activity in the state, for the preceding fiscal year, including the type, approximate value, and disposition of the property seized, and the amount of any proceeds received or expended at the state and local levels. The report shall provide a categorized accounting of all proceeds expended. Summary data on seizures, forfeitures, and expenditures of forfeiture proceeds shall be provided by the law enforcement agency in disaggregated form to the attorney general.
II. The attorney general may include proposed legislative recommendations to improve policies to ensure that seizures and forfeitures are undertaken and reported in a manner that is fair to crime victims, innocent property owners, secured interest holders, citizens, and law enforcement officers.
2 Effective Date. This act shall take effect 60 days after its passage.
18-2901
11/29/17
SB 498-FN- FISCAL NOTE
AS INTRODUCED
AN ACT relative to information on property seized pursuant to a criminal proceeding.
FISCAL IMPACT: [ X ] State [ X ] County [ X ] Local [ ] None
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STATE: | FY 2019 | FY 2020 | FY 2021 | FY 2022 |
Appropriation | $0 | $0 | $0 | $0 |
Revenue | Indeterminable Increase | Indeterminable Increase | Indeterminable Increase | Indeterminable Increase |
Expenditures | Indeterminable Increase | Indeterminable Increase | Indeterminable Increase | Indeterminable Increase |
Funding Source: | [ X ] General [ ] Education [ X ] Highway [ X ] Other - Fee Revenue / Turnpike Fund | |||
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COUNTY: |
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Revenue | $0 | $0 | $0 | $0 |
Expenditures | Indeterminable Increase | Indeterminable Increase | Indeterminable Increase | Indeterminable Increase |
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LOCAL: |
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Revenue | $0 | $0 | $0 | $0 |
Expenditures | Indeterminable Increase | Indeterminable Increase | Indeterminable Increase | Indeterminable Increase |
METHODOLOGY:
This bill would require the Department of Justice to develop and maintain a publicly accessible web-based database to track property seized and forfeited after conviction in a criminal proceeding under state and federal law.
The Department of Justice handles all drug forfeitures under state law, but is not involved in, and does not have information related to forfeitures under federal law. The Department indicates it does not have information on how other law enforcement agencies spend forfeiture funds so it assumes the database would be designed so allow outside agencies to input information. The Department states it is uncertain how much it would cost to design, create and maintain an interactive web-based database, but anticipates it would cost approximately $40,000 to $50,000. A more specific cost estimate would require additional time and consultation with the Department of Information Technology. The bill would allow the Attorney General to impose a fee on law enforcement agencies to offset the cost to establish and maintain the database and website.
The Department of Safety indicates additional time and resources in the form of overtime or part-time staffing would be necessary to provide the required information to the database. The Department cannot project the volume of forfeiture cases or the associated cost to comply with the reporting requirements in a timely manner and avoid the fee for late filing. The Department assumes the provision allowing the Attorney General to impose fees on participating law enforcement agencies to offset the cost of developing and maintaining the database would increase state, county and local expenditures by an indeterminable amount. The Department indicates there would be no impact on county or local revenue.
The New Hampshire Municipal Association states this bill would require additional work by local law enforcement agencies, which may or may not increase personnel costs. The bill also includes potential fines to law enforcement agencies for late filing. The Association does have information which could be used to estimate the impact on local expenditures, but indicates there would be no impact on local revenue.
The New Hampshire Association of Counties believes the bill would increase County Sheriff Department expenditures by an indeterminable amount.
AGENCIES CONTACTED:
Departments of Justice and Safety, New Hampshire Municipal Association and New Hampshire Association of Counties
