HB 572-FN – AS INTRODUCED
2007 SESSION
04/10
HOUSE BILL 572-FN
AN ACT prohibiting the use of false documentation for employment, government services, or permits.
SPONSORS: Rep. Renzullo, Hills 27; Rep. Ulery, Hills 27
COMMITTEE: Criminal Justice and Public Safety
This bill prohibits false documentation used to obtain employment, government services or benefits, or permits, licenses, registrations, or certifications.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
07-0319
04/10
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Seven
AN ACT prohibiting the use of false documentation for employment, government services, or permits.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Section; Fraud; False Documentation for Employment, Government Services, or Permits. Amend RSA 638 by inserting after section 15-a the following new section:
638:15-b False Documentation for Employment, Government Services, or Permits. A person is guilty of a class A misdemeanor if such person knowingly does any of the following:
I. Falsely creates, alters, or assists in the false creation or alteration of any document used to obtain employment, government services or benefits, or permits, licenses, registrations, or certifications.
II. Solicits from another the false creation or alteration of such documents.
III. Uses, offers, or presents as authentic a falsely created or altered document listed in paragraph I.
IV. Sells, gives, purchases, or obtains, or assists in the selling, giving, purchasing, or obtaining of a false document in the application for:
(a) Employment.
(b) Admission to any educational program.
(c) Any state or local service or benefit, including but not limited to temporary assistance for needy families, unemployment compensation, or tax credits or abatements.
(d) Any state or local permit, license, registration, or certification.
2 Effective Date. This act shall take effect January 1, 2008.
LBAO
07-0319
Revised 02/13/07
HB 572 FISCAL NOTE
AN ACT prohibiting the use of false documentation for employment, government services, or permits.
FISCAL IMPACT:
The Department of Justice, Judicial Branch, Judicial Council and Association of Counties state that this bill may increase state general fund and county expenditures by an indeterminable amount in FY 2008 and each year thereafter. There will be no fiscal impact on state, county, and local revenue or local expenditures.
METHODOLOGY:
The Department of Justice states this bill establishes a new misdemeanor level offense for using false documents for employment, government services, or various government issued permits and licenses. Misdemeanor offenses are typically prosecuted by local prosecutors and county attorneys. Thus, in the first instance, the bill would have minimal fiscal impact on the Department. However, all criminal appeals to the state Supreme Court, even those initially handled at the local and county level, are handled by the Department. It is not possible to estimate how many cases will result form this bill and of those how many will result in appeals to the Supreme Court, therefore the fiscal impact on expenditures cannot be determined.
The Judicial Branch states this bill establishes a class A misdemeanor offense. The Branch calculates the judicial and clerical cost of a class A misdemeanor at $50 per charge, using current salary levels. Class A misdemeanors can also involve appeals to the Supreme Court, resulting in additional costs. The Branch is unable to predict the number of prosecutions that will be brought pursuant to the proposed statute.
The Judicial Council assumes that any cases arising from the enactment of this bill, for which the Indigent Defense Fund may be liable, will in the first instance be handled by the public defender or a contract attorney on a fixed fee basis of $250 per misdemeanor charged. If an assigned counsel attorney must be used, the hourly rate of $60 with a fee cap of $1,000 will apply. If a motion to exceed the fee cap is approved and/or “services other than counsel” are approved, these will also be chargeable to the Indigent Defense Fund. Any case where a defendant has been found guilty may also result in appeals to the Supreme Court which would have a cost implication for Indigent Defense expenditures made by the State. The Council is unable to predict the number of cases that may result from the passage of this bill, and is unable to determine the exact fiscal impact at this time.
The Association of Counties states to the extent individuals are prosecuted, the county may incur the cost of pre-trial detainment at the county department of corrections, as well as the cost of sentenced inmates under the new law. The average annual cost for counties to incarcerate inmates is $22,889. The Association states the total exposure to the counties would be dependent on the number of individuals convicted and sentenced under the new law, which cannot be determined at this time.