HB 1566-FN – AS INTRODUCED
2008 SESSION
04/01
HOUSE BILL 1566-FN
AN ACT prohibiting automated teller machine skimming devices.
SPONSORS: Rep. Emerton, Hills 7
This bill prohibits the advertisement of scanning devices or reencoders, such as an automated teller machine skimming device.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
08-2525
04/01
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Eight
AN ACT prohibiting automated teller machine skimming devices.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Paragraph; Advertisement of Scanning Devices and Reencoders Prohibited. Amend RSA 638:29 by inserting after paragraph II the following new paragraph:
III. A person shall be guilty of a class A misdemeanor if such person places in any newspaper, magazine, handbill, or other publication any advertisement, knowing that the purpose of the advertisement, when viewed as a whole, is to promote the sale of objects intended for use or customarily intended for use as a scanning device or reencoder.
2 Effective Date. This act shall take effect January 1, 2009.
LBAO
08-2525
12/10/07
HB 1566-FN - FISCAL NOTE
AN ACT prohibiting automated teller machine skimming devices.
FISCAL IMPACT:
The Judicial Branch, Judicial Council, and Association of Counties state this bill may increase state and county expenditures by an indeterminable amount in FY 2009 and each year thereafter. This bill will have no fiscal impact on state, county, and local revenue, or local expenditures.
METHODOLOGY:
The Judicial Branch states this bill would make the advertisement of objects intended as a scanning device or reencoder a class A misdemeanor. The Branch is unable to estimate the number of new cases that may result from this bill. The Branch estimates the cost to process a class A misdemeanor in the District Court at $49.60 in FY 2009, and $51.14 in FY 2010 and each year thereafter. These numbers do not consider the cost of any appeals that may be taken following trial in the District Court, including the potential to appeal to the Superior Court for a jury trial or to the Supreme Court on issues of law, or both. The exact fiscal impact cannot be determined at this time.
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 contract attorney who accepts these cases on a fixed fee basis of $275 per misdemeanor charged. If an assigned counsel attorney must be used, the hourly rate of $60 with a fee cap of $1,400 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 either the Superior Court or 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 which may result from the passage of this bill, and are unable to determine the exact fiscal impact at this time.
The Association of Counties states the average annual cost to incarcerate an individual in a county correctional facility is approximately $29,000. The Association is unable to determine the number of individuals who will be detained or incarcerated under the new misdemeanor, and are therefore unable to determine the impact on county expenditures at this time.