HJR5 (2016) Detail

Making a payment to Joseph Haas for compensation for unlawful incarceration.


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HJR 5-FN-A - AS INTRODUCED

 

2016 SESSION

\t16-2276

\t09/10

 

HOUSE JOINT RESOLUTION\t5-FN-A

 

A RESOLUTION\tmaking a payment to Joseph Haas for compensation for unlawful incarceration.

 

SPONSORS:\tRep. Brewster, Merr. 21

 

COMMITTEE:\tFinance

 

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ANALYSIS

 

\tThis house joint resolution makes a payment to Joseph Haas for compensation for unlawful incarceration.  

 

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\t16-2276

\t09/10

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Sixteen

 

A RESOLUTION\tmaking a payment to Joseph Haas for compensation for unlawful incarceration.

 

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

 

\tWhereas, Joseph Haas was unlawfully incarcerated for contempt in the Grafton county jail for 62 days in 1984; and

\tWhereas, Mr. Haas has attempted to have petitions filed claiming  damages in the amount of $155,000 which is equal to $2,500 per day for 62 days; and

\tWhereas, Mr. Haas now seeks payment of $155,000 from the faithful performance bond of the superior court judge and clerk, maintained pursuant to RSA 93-B, in compensation for his damages; now, therefore, be it

\tResolved by the Senate and House of Representatives in General Court convened:

\tThat the general court hereby requires payment, upon such bond to Joseph Haas in the sum of $155,000.

 

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\t\t\t\t\t\t\t\t\t\t\t11/25/15

 

HJR 5-FN-A- FISCAL NOTE

 

AN ACT\tmaking a payment to Joseph Haas for compensation for unlawful incarceration.

 

 

FISCAL IMPACT:

The Judicial Branch and Department of Administrative Services state this joint resolution, as introduced, will have no fiscal impact on state, county and local expenditures or revenues.

 

METHODOLOGY:

The Judicial Branch states the proposed resolution seeks payment of $155,000 to an individual for unlawful incarceration to be paid from the performance bond of the superior court judge and clerk pursuant to RSA 93-B:1-a.  The Branch indicates the bond is maintained by the Department of Administrative Services.  The Department of Administrative Services indicates coverage is up to $200,000, but the coverage is for losses to the State and not to individual citizens.  The Branch states that, for there to be a loss to the State, the individual would have had to bring suit against the State for the alleged loss.  The Branch indicates since the alleged loss dates back over thirty years, any such suit would be time-barred.  As a result the Judicial Branch concludes there is no fiscal impact to it from the joint resolution.

 

The Department of Administrative Services interprets the proposed resolution to require payment of $155,000 to the individual named for alleged wrongful incarceration in 1984.  The resolution further requires the payment to be funded by the performance bond maintained by the State under RSA 93-B.  The Department states the performance bond is not available for payment to any individual or entity other than the State.