HB 1632-FN – AS INTRODUCED
2010 SESSION
05/04
HOUSE BILL 1632-FN
AN ACT relative to the sale and delivery of home heating oil during a declared state of emergency.
SPONSORS: Rep. P. McMahon, Merr 3; Rep. Osborne, Merr 12
COMMITTEE: Commerce and Consumer Affairs
This bill prohibits excessive pricing on the retail sale and delivery of heating oil during a declared state of emergency.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
10-2673
05/04
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Ten
AN ACT relative to the sale and delivery of home heating oil during a declared state of emergency.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Petroleum Sales Contracts; Sale and Delivery During State of Emergency. Amend RSA 339 by inserting after section 79 the following new section:
339:80 Sale and Delivery During State of Emergency.
I. No person shall charge an excessive price for the retail sale or delivery of home heating oil, kerosene, or liquefied petroleum gas to a customer during a declared state of emergency. The price shall be considered excessive if it exceeds 10 percent of the average price in effect during the 30 days immediately prior to the declared state of emergency.
II. Any contract for the retail sale and delivery of home heating oil, kerosene, or liquefied petroleum gas to a consumer during a declared state of emergency shall meet the requirements of paragraph I and RSA 339:79.
III. Failure to comply with this section shall constitute an unfair or deceptive act or practice in violation of RSA 358-A.
2 Effective Date. This act shall take effect January 1, 2011.
LBAO
10-2673
12/14/09
HB 1632-FN - FISCAL NOTE
AN ACT relative to the sale and delivery of home heating oil during a declared state of emergency.
FISCAL IMPACT:
The Judicial Branch, Judicial Council, and New Hampshire Association of Counties state this bill may increase state and county expenditures by an indeterminable amount in FY 2011 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 prohibit excessive prices on fuel deliveries during a declared state of emergency. The penalty is a violation of the Consumer Protection Act. Regarding potential violations of the Consumer Protection Act, the Branch has no information on which to estimate the potential volume of cases that could arise under the proposed bill. Consumer Protection Act claims are often hard-fought and carry with them the potential for enforcement actions by the attorney general, criminal prosecution, and private actions with potential of up to treble damages. The Branch states it is unable to determine how many cases will arise, and are unable to determine the exact fiscal impact at this time.
The Judicial Council states this bill may result in an indeterminable increase in general fund expenditures. 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 for a misdemeanor charge. 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 is $2,000 per case, with many assigned counsel attorneys seeking permission to exceed the fee cap. Requests 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 exact fiscal impact cannot be determined at this time.
LBAO
10-2673
12/14/09
Page 2
The New Hampshire Association of Counties states to the extent an individual is 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 $35,342 a year.
The Department of Justice states any fiscal impact could be absorbed by the Department.