Bill Text - HB1160 (2006)

Establishing a committee to study the effects of willful, habitual misconduct by individuals on their subsequent well-being which may impose a burden on public funds.


Revision: Jan. 21, 2010, midnight

HB 1160 – AS INTRODUCED

2006 SESSION

06-2119

05/04

HOUSE BILL 1160

AN ACT establishing a committee to study the effects of willful, habitual misconduct by individuals on their subsequent well-being which may impose a burden on public funds.

SPONSORS: Rep. Rosen, Belk 4

COMMITTEE: Health, Human Services and Elderly Affairs

ANALYSIS

This bill establishes a committee to study the effects of willful, habitual misconduct by individuals on their subsequent well-being which may impose a burden on public funds.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

06-2119

05/04

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Six

AN ACT establishing a committee to study the effects of willful, habitual misconduct by individuals on their subsequent well-being which may impose a burden on public funds.

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

1 Committee Established. There is established a committee to study the effects of willful, habitual misconduct by individuals on their subsequent well-being which may impose a burden on public funds.

2 Membership and Compensation.

I. The members of the committee shall be as follows:

(a) Three members of the house of representatives, appointed by the speaker of the house.

(b) Three members of the senate, appointed by the president of the senate.

II. Members of the committee shall receive mileage at the legislative rate when attending to the duties of the committee.

3 Duties.

I. The committee shall study the effects of willful, habitual misconduct by individuals on their subsequent well-being which may impose a burden on public funds. It shall investigate the degree to which such conduct leads to the need for economic, medical, and social support services the cost of which must be borne by the state and, therefore, the taxpayers.

II. The committee shall examine the effects or consequences of willful misconduct by individuals on their subsequent well-being which may impose a burden on public funds. Such willful misconduct may include activity generally recognized to be dangerous, such as illegal use of narcotic substances, the excessive use of alcohol, or tobacco, even though use of such substances in itself is not illegal may be considered willful misconduct if carried to extreme limits. Flagrant, promiscuous sexual behavior which leads to the contraction of sexually transmitted diseases may be considered willful misconduct. Injuries incurred during the commission of a crime and repeated serious violation of the rules of safe driving of a motor vehicle should be considered as well.

III. It is not intended that occasional lapses in good judgment or an unlucky misadventure should be the basis of any penalty, but rather that repeated, predictable dangerous conduct without regard to consequence should be examined. It is recognized that proof of an individual's willful misconduct will be difficult in many cases, but perhaps the knowledge of possible sanctions will instill a sense of personal responsibility in individuals who indulge in reckless behavior. Such sanctions might include requiring the person who engaged in such conduct to provide restitution to the appropriate state agency, or the denial or limitation of state assistance, or the curtailment of such assistance, the savings from which shall be used to relieve money shortages in health and welfare budgets.

4 Chairperson; Quorum. The members of the study committee shall elect a chairperson from among the members. The first meeting of the committee shall be called by the first-named house member. The first meeting of the committee shall be held within 45 days of the effective date of this section.

5 Report. The committee shall report its findings and any recommendations for proposed legislation to the speaker of the house of representatives, the senate president, the house clerk, the senate clerk, the governor, and the state library on or before November 1, 2007.

6 Effective Date. This act shall take effect upon its passage.

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