Bill Text: NH SB250 | 2019 | Regular Session | Amended


Bill Title: Relative to forgery of a certificate of insurance.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed) 2019-06-13 - Sen. Cavanaugh Moved to Concur with the House Amendment, Motion Adopted, Voice Vote; 06/13/2019; Senate Journal 20 [SB250 Detail]

Download: New_Hampshire-2019-SB250-Amended.html

SB 250-FN - AS AMENDED BY THE HOUSE

 

5Jun2019... 2349h

2019 SESSION

19-1006

04/01

 

SENATE BILL 250-FN

 

AN ACT relative to forgery of a certificate of insurance.

 

SPONSORS: Sen. Morgan, Dist 23

 

COMMITTEE: Commerce

 

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AMENDED ANALYSIS

 

This bill establishes a class A misdemeanor for forgery involving a fake or counterfeit certificate of insurance and increases the statute of limitations for such offenses to 2 years.

 

This bill is a request of the insurance department.

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

5Jun2019... 2349h 19-1006

04/01

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Nineteen

 

AN ACT relative to forgery of a certificate of insurance.

 

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

 

1  New Paragraph; Forgery and Fraudulent Practices Generally.  Amend RSA 638:1 by inserting after paragraph III the following new paragraph:

III-a.  Forgery is a class A misdemeanor if the writing is or purports to be a fake or counterfeit certificate of insurance.

2  New Subparagraph; Limitations.  Amend RSA 625:8, I by inserting after subparagraph (e) the following new subparagraph:

(f)  For an offense defined in RSA 638:1, III-a, 2 years.

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

 

LBAO

19-1006

Amended 6/7/19

 

SB 250-FN- FISCAL NOTE

AS AMENDED BY THE HOUSE (AMENDMENT #2019-2349h)

 

AN ACT relative to forgery of a certificate of insurance.

 

FISCAL IMPACT:      [ X ] State              [ X ] 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

 

 

 

 

 

COUNTY:

 

 

 

 

   Revenue

$0

$0

$0

$0

   Expenditures

Indeterminable Increase

Indeterminable Increase

Indeterminable Increase

Indeterminable Increase

 

 

 

 

 

METHODOLOGY:

This bill makes issuance of a fake or counterfeit certificate of insurance a class A misdemeanor offense 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 entities impacted have provided the potential costs associated with these penalties below.

 

Judicial Branch

FY 2020

FY 2021

Class A Misdemeanor

$76

$77

Appeals

Varies

Varies

It should be noted that average case cost estimates for FY 2020 and FY 2021 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 – Misdemeanor

$300/Case

$300/Case

Assigned Counsel – Misdemeanor

$60/Hour up to $1,400

$60/Hour up to $1,400

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%).

NH Association of Counties

 

 

County Prosecution Costs

Indeterminable

Indeterminable

Estimated Average Daily Cost of Incarcerating an Individual

$105 to $120

$105 to $120

 

Many offenses are prosecuted by local and county prosecutors.  When the Department of Justice has investigative and prosecutorial responsibility or is involved in an appeal, the Department would likely absorb the cost within its existing budget.  If the Department needs to prosecute significantly more cases or handle more appeals, then costs may increase by an indeterminable amount.  

 

The Insurance Department indicates this bill would have no impact on the expenditures of the Department or premium tax revenue.  

 

AGENCIES CONTACTED:

Judicial Branch, Judicial Council, New Hampshire Association of Counties,  Departments of Insurance, Justice and Corrections

 

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