Bill Text: NH HB590 | 2020 | Regular Session | Amended

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Bill Title: Relative to the authority of the New Hampshire attorney general to enforce certain consumer protection laws.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Engrossed - Dead) 2020-06-16 - Vacated from Committee and Laid on Table, Motion Adopted, Voice Vote; 06/16/2020 Senate Journal 8 [HB590 Detail]

Download: New_Hampshire-2020-HB590-Amended.html

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HB 590-FN - AS AMENDED BY THE HOUSE

 

8Jan2020... 0898h

2019 SESSION

19-0622

11/03

 

HOUSE BILL 590-FN

 

AN ACT relative to the authority of the New Hampshire attorney general to enforce certain consumer protection laws.

 

SPONSORS: Rep. Luneau, Merr. 10; Sen. Feltes, Dist 15

 

COMMITTEE: Commerce and Consumer Affairs

 

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AMENDED ANALYSIS

 

This bill clarifies that the New Hampshire attorney general has authority to enforce certain federal consumer protection laws that may otherwise be exempt from the provisions RSA 358-A.

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

8Jan2020... 0898h 19-0622

11/03

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Nineteen

 

AN ACT relative to the authority of the New Hampshire attorney general to enforce certain consumer protection laws.

 

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

 

1  Regulation of Business Practices for Consumer Protection; Exempt Transactions.  Amend RSA 358-A:3, I to read as follows:

I.  Trade or commerce that is subject to the jurisdiction of the bank commissioner, the director of securities regulation, the insurance commissioner, the public utilities commission, the financial institutions and insurance regulators of other states, or federal banking or securities regulators who possess the authority to regulate unfair or deceptive trade practices.  This paragraph includes trade or commerce under the jurisdiction of, and regulated by, the bank commissioner pursuant to RSA 361-A, relative to retail installment sales of motor vehicles.  No provision of this paragraph shall be construed to alter, limit, or otherwise affect the authority of the New Hampshire attorney general to exercise those enforcement powers conferred under 12 United States Code, section 5552.

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

 

LBAO

19-0622

1/3/19

 

HB 590-FN- FISCAL NOTE

AS INTRODUCED

 

AN ACT repealing the exemption for federally chartered banks under the consumer protection act.

 

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	Indeterminable Increase	Indeterminable Increase	Indeterminable Increase	Indeterminable Increase
Funding Source:	[ X ] General            [    ] Education            [    ] Highway           [    ] Other

METHODOLOGY:

This bill removes trade or commerce subject to federal banking regulators from the list of exempted transactions under the New Hampshire consumer protection act.

 

The Department of Justice is responsible for enforcing the consumer protection act.  The Department indicates the fiscal impact of this bill is indeterminate.  The Department cannot estimate either the number of cases that may be generated or the number of hours necessary to investigate and/or prosecute such a violation.

 

The Banking Department indicates it does not regulate federal chartered banks and the bill would have no fiscal impact on the Department.

 

AGENCIES CONTACTED:

Departments of Justice and Banking