Bill Details - SB250 (2019)

SB 250-FN - AS INTRODUCED

 

 

2019 SESSION

19-1006

04/01

 

SENATE BILL 250-FN

 

AN ACT relative to forgery of a certificate of insurance.

 

SPONSORS: Sen. Morgan, Dist 23

 

COMMITTEE: Commerce

 

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ANALYSIS

 

This bill makes issuance of a fake or counterfeit certificate of insurance a felony offense.

 

This bill is a request of the insurance department.

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

19-1006

04/01

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Nineteen

 

AN ACT relative to forgery of a certificate of insurance.

 

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

 

1  Forgery.  Amend RSA 638:1, III to read as follows:

III.  Forgery is a class B felony if the writing is or purports to be:

(a)  A security, revenue stamp, or any other instrument issued by a government, or any agency thereof; [or]

(b)  A check, an issue of stocks, bonds, or any other instrument representing an interest in or a claim against property, or a pecuniary interest in or claim against any person or enterprise; or

(c)  A fake or counterfeit certificate of insurance.  

2  Effective Date.  This act shall take effect January 1, 2020.

 

LBAO

19-1006

1/23/19

 

SB 250-FN- FISCAL NOTE

AS INTRODUCED

 

AN ACT relative to forgery of a certificate of insurance.

 

FISCAL IMPACT:      [ X ] State              [ X ] County               [    ] Local              [    ] None

 

 

 

Estimated Increase / (Decrease)

STATE:

FY 2020

FY 2021

FY 2022

FY 2023

   Appropriation

$0

$0

$0

$0

   Revenue

$0

$0

$0

$0

   Expenditures

Indeterminable Increase

Indeterminable Increase

Indeterminable Increase

Indeterminable Increase

Funding Source:

  [ X ] General            [    ] Education            [    ] Highway           [ X ] Other - Insurance Department Assessments

 

 

 

 

 

COUNTY:

 

 

 

 

   Revenue

$0

$0

$0

$0

   Expenditures

Indeterminable Increase

Indeterminable Increase

Indeterminable Increase

Indeterminable Increase

 

 

 

 

 

METHODOLOGY:

This bill makes issuance of a fake or counterfeit certificate of insurance a class B felony offense that may have an impact on the New Hampshire judicial and correctional systems.  There is no method to determine how many charges would be brought as a result of the changes contained in this bill to determine the fiscal impact on expenditures.  However, the entities impacted have provided the potential costs associated with these penalties below.

 

Judicial Branch

FY 2020

FY 2021

Routine Criminal Felony Case

$481

$486

Appeals

Varies

Varies

It should be noted that average case cost estimates for FY 2020 and FY 2021 are based on data that is more than ten years old and does not reflect changes to the courts over that same period of time or the impact these changes may have on processing the various case types.  

Judicial Council

 

 

Public Defender Program

Has contract with State to provide services.

Has contract with State to provide services.

Contract Attorney – Felony

$825/Case

$825/Case

Assigned Counsel – Felony

$60/Hour up to $4,100

$60/Hour up to $4,100

It should be noted that a person needs to be found indigent and have the potential of being incarcerated to be eligible for indigent defense services. The majority of indigent cases (approximately 85%) are handled by the public defender program, with the remaining cases going to contract attorneys (14%) or assigned counsel (1%).

Department of Corrections

 

 

FY 2018 Average Cost of Incarcerating an Individual

$40,615

$40,615

FY 2018 Annual Marginal Cost of a General Population Inmate

$4,620

$4,620

FY 2018 Average Cost of Supervising an Individual on Parole/Probation

$571

$571

NH Association of Counties

 

 

County Prosecution Costs

Indeterminable

Indeterminable

Estimated Average Daily Cost of Incarcerating an Individual

$105 to $120

$105 to $120

 

Many offenses are prosecuted by local and county prosecutors.  When the Department of Justice has investigative and prosecutorial responsibility or is involved in an appeal, the Department would likely absorb the cost within its existing budget.  If the Department needs to prosecute significantly more cases or handle more appeals, then costs may increase by an indeterminable amount.  

 

The Insurance Department indicates this bill would have no impact on the expenditures of the Department or premium tax revenue.  

 

AGENCIES CONTACTED:

Judicial Branch, Judicial Council, New Hampshire Association of Counties,  Departments of Insurance, Justice and Corrections

 

Docket

Date Status
Jan. 3, 2019 Introduced 01/03/2019 and Referred to Commerce; SJ 4
Feb. 5, 2019 Hearing: 02/05/2019, Room 100, SH, 01:45 pm; SC 9
Feb. 14, 2019 Committee Report: Ought to Pass, 02/14/2019; SC 10
Feb. 14, 2019 Special Order to After Energy and Natural Resources, Without Objection, MA; 02/14/2019; SJ 5
Feb. 14, 2019 Sen. French Floor Amendment # 2019-0411s, RC 10Y-13N, AF; 02/14/2019; SJ 5
Feb. 14, 2019 Ought to Pass: MA, VV; OT3rdg; 02/14/2019; SJ 5
March 20, 2019 Introduced 03/20/2019 and referred to Commerce and Consumer Affairs HJ 11 P. 71
April 2, 2019 Public Hearing: 04/02/2019 11:00 am LOB 302
April 10, 2019 Full Committee Work Session: 04/10/2019 10:00 am LOB 302
April 17, 2019 ==CANCELLED== Executive Session: 04/17/2019 10:00 am LOB 302
April 18, 2019 Executive Session: 04/18/2019 01:00 pm LOB 302
May 2, 2019 Committee Report: Ought to Pass for 05/02/2019 (Vote 18-0; CC) HC 22 P. 3
Committee Report: Ought to Pass (Vote 18-0; CC)
May 2, 2019 Removed from Consent (Rep. Warden) 05/02/2019
May 2, 2019 Ought to Pass: MA VV 05/02/2019
May 2, 2019 Referred to Criminal Justice and Public Safety 05/02/2019
May 21, 2019 Public Hearing: 05/21/2019 10:00 am LOB 204
May 21, 2019 Executive Session: 05/21/2019 01:30 pm LOB 204

Action Dates

Date Body Type
Feb. 5, 2019 Senate Hearing
Feb. 14, 2019 Senate Floor Vote
Feb. 14, 2019 Senate Floor Vote
April 2, 2019 House Hearing
April 17, 2019 House Exec Session
April 18, 2019 House Exec Session
House Floor Vote
May 2, 2019 House Floor Vote
May 21, 2019 House Hearing
May 21, 2019 House Exec Session

Bill Text Revisions

SB250 Revision: 5242 Date: Jan. 25, 2019, 9:11 a.m.