HB 1609-FN – AS INTRODUCED
2008 SESSION
01/04
HOUSE BILL 1609-FN
AN ACT relative to misrepresentation as an owner of a service dog.
SPONSORS: Rep. Parkhurst, Ches 4; Rep. Lasky, Hills 26; Rep. J. Tilton, Rep. Shurtleff, Merr 10; Merr 6; Sen. Roberge, Dist 9; Sen. Cilley, Dist 6
COMMITTEE: Criminal Justice and Public Safety
This bill prohibits placing a vest on a dog to represent that such dog is a service dog.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
08-2278
01/04
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Eight
AN ACT relative to misrepresentation as an owner of a service dog.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Prohibited Acts; Misrepresentation as Owner of Service Dog. Amend RSA 167-D:7, II to read as follows:
II. It is unlawful for any person to fit a dog with a collar, leash, vest, or harness of the type which represents that the dog is a hearing ear dog, guide dog, or service dog, if in fact said dog is not and to thus use the dog to misrepresent the physical status of said person.
2 Effective Date. This act shall take effect January 1, 2009.
LBAO
08-2278
12/20/07
HB 1609-FN - FISCAL NOTE
AN ACT relative to misrepresentation as an owner of a service dog.
FISCAL IMPACT:
The Department of Justice, the Judicial Branch, the Judicial Council, and the New Hampshire Association of Counties state this bill may increase state and county expenditures by an indeterminable amount in FY 2009 and each year thereafter. There will be no fiscal impact on local expenditures or state, county, and local revenue.
METHODOLOGY:
The Department of Justice states this bill makes it unlawful to fit a dog with a vest which represents the dog is a service dog. The Department of Justice states the criminal offense created by the bill could be prosecuted by a local prosecutor or county attorney’s office. If an appeal is filed, the Department would have increased expenditures. The Department is unable to estimate how many cases would be prosecuted by the Department or appealed to the Supreme Court.
The Judicial Branch states it has no information to estimate how many misdemeanor charges would be brought as a result of this bill. The Branch states the cost of an unspecified misdemeanor case in the district court is $34.68 in FY 2009 and $35.75 in FY 2010 and each year thereafter. The Branch estimates it would take 289 cases in FY 2009 or 280 cases in FY 2010 and each year thereafter to have a fiscal impact that exceeds $10,000. However, if a single case were to be appealed to the New Hampshire Supreme Court, the fiscal impact would be in excess of $10,000. The Branch notes that in the past decade there have been no charges brought for any violations of RSA 167-D.
The Judicial Council states this bill may result in increased general fund expenditures but is unable to determine the fiscal impact. The Council states if an individual is found to be indigent, the flat fee of $275 per misdemeanor is charged by a public defender or contract attorney. If an assigned counsel attorney is used, the fee is $60 per hour with a cap of $1,400 (effective January 1, 2008). The Council also states additional costs could be incurred if an appeal is filed. The public defender, contract attorney, and assigned counsel rates for Supreme Court appeals will be $2,000 per case (effective January 1, 2008), with many assigned counsel attorneys seeking permission to exceed the fee cap. However, such motions to exceed the fee cap are seldom granted. Finally, expenditures would increase if services other than counsel are requested and approved by the court during the defense of a case or during an appeal.
The New Hampshire Association of Counties states to the extent any individual is prosecuted, convicted, and sentenced to incarceration, the counties may have increased expenditures. The Association is unable to determine the number of individuals who might be detained or incarcerated as a result of this bill. The average cost to incarcerate an individual in a county facility is $29,000 a year.