SB 540-FN - AS AMENDED BY THE SENATE

03/17/2016 0856s

2016 SESSION

16-2978

04/09

SENATE BILL 540-FN

AN ACT relative to the possession, use, or sale of kratom by any person under 18 years of age.

SPONSORS: Sen. Fuller Clark, Dist 21; Sen. Carson, Dist 14; Rep. Sherman, Rock. 24; Rep. LeBrun, Hills. 32

COMMITTEE: Health and Human Services

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AMENDED ANALYSIS

This bill makes the possession, sale, or use of kratom by any person under 18 years of age unlawful.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

03/17/2016 0856s 16-2978

04/09

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Sixteen

AN ACT relative to the possession, use, or sale of kratom by any person under 18 years of age.

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

1 New Chapter; Kratom. Amend RSA by inserting after chapter 318-E the following new chapter:

CHAPTER 318-F

KRATOM

318-F:1 Acts Prohibited. It shall be unlawful for any person under 18 years of age to manufacture, possess, control, sell, purchase, prescribe, administer, transport, package or repackage or possess with intent to manufacture, sell, dispense, administer, compound, package, or repackage mitragynine or hydroxymitragynine, commonly known as kratom.

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

LBAO

16-2978

Revised 2/2/16

SB 540-FN- FISCAL NOTE

AN ACT prohibiting the possession, use, or sale of kratom.

FISCAL IMPACT:

The Office of Legislative Budget Assistant states this bill, as introduced, may increase state and county expenditures by an indeterminable amount in FY 2017 and each year thereafter. There will be no fiscal impact on local expenditures or state, county, and local revenue.

METHODOLOGY:

The Office of Legislative Budget Assistant states this bill contains penalties that may have an impact on the New Hampshire judicial and correctional systems. 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. However, the Judicial Branch, Department of Corrections, Judicial Council and New Hampshire Association of Counties have provided the Office with potential costs associated with the penalties contained in this bill. See table below for average cost information:

FY 2017 FY 2018 Judicial Branch Routine Criminal Felony Case $449 $470 Appeals Varies Varies It should be noted average case cost estimates for FY 2017 and FY 2018 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. Judicial Council Public Defender Program Has contract with State to provide services. Has contract with State to provide services. Contract Attorney – Felony $756/Case $756/Case Assigned Counsel – Felony $60/Hour up to $4,100 $60/Hour up to $4,100 It should be noted that a person needs to be found indigent and have the potential of being incarcerated to be eligible for indigent defense services. The majority of indigent cases (approximately 85%) are handled by the public defender program, with the remaining cases going to contract attorneys (14%) or assigned counsel (1%). Department of Corrections FY 2015 Average Cost of Incarcerating an Individual $34,336 $34,336 FY 2015 Average Cost of Supervising an Individual on Parole/Probation $520 $520 NH Association of Counties County Prosecution Costs Indeterminable Indeterminable Estimated Average Daily Cost of Incarcerating an Individual $85 to $110 $85 to $110

Many offenses are prosecuted by local and county prosecutors. In those instances where the Department of Justice has prosecutorial responsibility or is involved with appeals for a conviction related to the offense contained in this bill, the Department would absorb the cost within its existing budget. If the bill results in the Department needing to prosecute significantly more cases or be involved in significantly more appeals, then there may be an indeterminable increase in costs to the Department.

The Department of Safety indicates it has not seen an increase in the use or trafficking of kratom. The Department states the fiscal impact of the bill on the Department is indeterminable.

The New Hampshire Municipal Association states it does not appear that this bill would have an impact on municipal revenue or expenditures.