HB 1617-FN – AS INTRODUCED
2008 SESSION
10/03
HOUSE BILL 1617-FN
COMMITTEE: Executive Departments and Administration
This bill requires that persons engaged in the practice of repossessing vehicles and assets be registered with the commissioner of safety.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
08-2109
10/03
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Eight
AN ACT relative to the registration of repossessors.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Department of Safety; Rulemaking; Registered Repossessors Added. Amend RSA 21-P:14, II(d) to read as follows:
(d) Licensing detective agencies and security guard services, and registering repossessors, as authorized by RSA 106-F:3.
2 Detective Agencies; Purpose. Amend RSA 106-F:1 to read as follows:
106-F:1 Declaration of Purpose. The purpose of this chapter is to:
I. Provide reasonable supervision and control of private detective agencies and their employees, security guard services and their employees, [and] individuals licensed as private detectives and security guards, and repossessors, doing business in this state.
II. Ensure the honesty, good character, and integrity of individuals, licensees, [and] license holders, and registrants.
3 Rulemaking; Detective Agencies; Repossessions. Amend RSA 106-F:3, I to read as follows:
I. The commissioner of safety shall adopt rules, pursuant to RSA 541-A, relative to:
(a) Form of licenses and applications therefor;
(b) Examination procedures for license applications;
(c) Requisite standards of integrity and reputation for honesty;
(d) Use of fees for administration and enforcement of this chapter; [and]
(e) Revocation of licenses[.] and
(f) The registration of repossessors engaged in the repossession of assets including towing or wrecking companies engaged in the recovery of vehicles.
4 New Paragraph; Definition of Repossessors. Amend RSA 106-F:4 by inserting after paragraph VII the following new paragraph:
VIII. “Repossessor” means a person registered under this chapter who is engaged in the practice of receiving a fee for the recovery of an asset from a public area.
5 New Section; Registration of Repossessors. Amend RSA 106-F by inserting after section 5 the following new section:
106-F:5-a Registration of Repossessors. Any person who acts as a repossessor shall be registered with the commissioner of safety as provided in rules adopted by the commissioner under RSA 541-A. The commissioner shall make the list of registered repossessors and registrant information available to all law enforcement officials in the state. Each registration applicant shall:
I. Be a citizen of the United States or legally authorized to work in New Hampshire.
II. Be at least 18 years of age.
III. Have no record, in any jurisdiction, of misdemeanors for theft, fraud, perjury, assaults, drug offenses, or sex crimes, domestic-violence-related crimes, stalking, or of any felony convictions.
IV. Complete and submit with fees an application form as devised by the commissioner.
V. Submit to the commissioner with his or her application a background and criminal record release authorization form provided or approved by the commissioner. Upon receipt of an applicant's background and criminal record information, the commissioner shall make a determination of eligibility for registration.
6 Penalty. Amend RSA 106-F:16 to read as follows:
106-F:16 Penalty. Any individual or person who engages in business as a private detective agency or security guard service without first having obtained a license therefor, or who engages in business as a repossessor without having first been registered therefor, or who violates any other provisions of this chapter shall be guilty of a misdemeanor.
7 Repeal. RSA 106-F:2, V, relative to exclusion from licensure of towing companies engaged in the repossession of vehicles, is repealed.
8 Effective Date. This act shall take effect January 1, 2009.
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12/20/07
HB 1617-FN - FISCAL NOTE
AN ACT relative to the registration of repossessors.
FISCAL IMPACT:
The Department of Justice, the Judicial Branch, the Judicial Council, the New Hampshire Association of Counties, and the Department of Safety 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 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. The Branch notes in FY 2007, nine cases were brought under the current RSA 106-F. 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 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
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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.
The Department of Safety states that this bill requires persons engaged in the practice of repossessing vehicles and assets to be registered with the Commissioner of Safety. The Department cannot estimate how many persons will engage in the practice of repossessing vehicles and assets, which may include all vehicle towing companies. The Department, therefore states that the cost to implement this legislation is indeterminable.