Bill Text: NH SB588 | 2020 | Regular Session | Amended


Bill Title: Relative to wanton waste of an animal and relative to contests for taking fur-bearing animals.

Spectrum: Partisan Bill (Democrat 6-0)

Status: (Engrossed) 2020-09-23 - Died on Table [SB588 Detail]

Download: New_Hampshire-2020-SB588-Amended.html

SB 588-FN - AS AMENDED BY THE SENATE

 

03/12/2020   1069s

03/12/2020   1159s

 

2020 SESSION

20-2781

04/03

 

SENATE BILL 588-FN

 

AN ACT relative to wanton waste of an animal and relative to contests for taking fur-bearing animals.

 

SPONSORS: Sen. Watters, Dist 4; Sen. Kahn, Dist 10; Sen. Hennessey, Dist 5; Sen. Feltes, Dist 15; Rep. Read, Rock. 17; Rep. Kenney, Straf. 6

 

COMMITTEE: Energy and Natural Resources

 

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AMENDED ANALYSIS

 

This bill prohibits wanton waste of an animal and requires the executive director of the fish and game department to adopt rules governing fur-bearing animal taking contests.

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

03/12/2020   1069s

03/12/2020   1159s 20-2781

04/03

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Twenty

 

AN ACT relative to wanton waste of an animal and relative to contests for taking fur-bearing animals.

 

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

 

1  New Paragraph; General Provisions as to Fish and Game; Definitions.  Amend RSA 207:1 by inserting after paragraph XXIX the following new paragraph:

XXIX-a.  Wanton Waste: The act of intentionally leaving a wounded or killed animal in the field or forest without making a reasonable effort to retrieve and render it for consumption or use.  This definition shall not apply to animals that are diseased, and thus unfit for consumption or use, or grossly mutilated, and thus rendered unfit for consumption or use, nor to animals on privately owned property taken in the defense of person or property under RSA 207:26 or RSA 207:30.

2  New Section; General Provisions as to Fish and Game; Wanton Waste.  Amend RSA 207 by inserting after section 3-e the following new section:

207:3-f  Wanton Waste.  

I.  No person shall commit wanton waste of a wild bird or wild animal that has been wounded or killed by that person while hunting.  This section shall not apply to animals that are diseased, and thus unfit for consumption or use, or grossly mutilated, and thus rendered unfit for consumption or use.  Any person who violates this section shall be guilty of a violation.

II.  This section shall not abridge enforcement actions taken pursuant to RSA 212-A, RSA 207:5, or RSA 211:1.  This section shall not apply to wildlife conservation officers, licensed trappers for removal of nuisance animals, persons acting under a pre-damage kill permit, persons acting under a depredation permit, persons acting for scientific purposes under a scientific permit, or persons acting pursuant to RSA 207:22-c, III or RSA 206:26.

III.  The executive director shall adopt rules, pursuant to RSA 541-A, regarding the applicability of this section to hunting and fishing in the state.

3  New Section; Fur-Bearing Animals; Contests to Take Fur-Bearing Animals.  Amend RSA 210 by inserting after section 23 the following new section:

210:23-a  Contests to Take Fur-Bearing Animals.  No later than April 1, 2021, the executive director shall adopt rules, pursuant to RSA 541-A, governing the definition of a contest for the taking of a fur-bearing animal, and the organization, promotion, solicitation of participation in, or participation in, any contest that is created specifically for participants to take a fur-bearing animal.  

4  Effective Date.  This act shall take effect 60 days after its passage.

 

LBAO

20-2781

Amended 3/23/20

 

SB 588-FN- FISCAL NOTE

AS AMENDED BY THE SENATE (AMENDMENTS #2020-1069s and #2020-1159s)

 

AN ACT relative to wanton waste of an animal and relative to contests for taking fur-bearing animals.

 

FISCAL IMPACT:      [ X ] State              [    ] County               [    ] Local              [    ] None

 

 

 

Estimated Increase / (Decrease)

STATE:

FY 2020

FY 2021

FY 2022

FY 2023

   Appropriation

$0

$0

$0

$0

   Revenue

$0

$0

$0

$0

   Expenditures

$0

Indeterminable

Indeterminable

Indeterminable

Funding Source:

  [ X ] General            [    ] Education            [    ] Highway           [    ] Other

 

 

 

 

 

METHODOLOGY:

This bill relates to wanton waste of wild birds and animals and the prohibition of wildlife killing contests, and creates a violation level offenses.  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.  The Judicial Branch estimates average cost of violation level cases to be $52 in FY 2021 and $54 in FY 2022.  It should be noted that average case cost estimates for FY 2021 and FY 2022 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.

 

AGENCIES CONTACTED:

Fish and Game Department and Judicial Branch

 

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