HB 225-FN - AS INTRODUCED

 

 

2023 SESSION

23-0359

06/08

 

HOUSE BILL 225-FN

 

AN ACT relative to prohibiting the use of currency that could be detrimental to privacy rights.

 

SPONSORS: Rep. Belcher, Carr. 4; Rep. Hoell, Merr. 27; Rep. L. Turcotte, Straf. 4

 

COMMITTEE: Commerce and Consumer Affairs

 

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ANALYSIS

 

This bill prohibits the use of any currency as legal tender that could be detrimental to privacy rights.

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

23-0359

06/08

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Twenty Three

 

AN ACT relative to prohibiting the use of currency that could be detrimental to privacy rights.

 

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

 

1  Declaration of Purpose.  This act follows the principles that guided New Hampshire citizens when they enumerated constitutional rights to privacy of information, to be secure in their persons, papers, and effects, to freely conduct lawful commerce in acquiring property, to be free of eminent domain for private benefit, to freely worship and tithe according to conscience, to acquire and bear arms, that no tax may be levied without consent of the people or their representatives, and with other rights reserved to the people.

2  New Section; Commerce; Right to Privacy; Use Restricted.  Amend the introductory paragraph of RSA 359-C:6 to read as follows:

359-C:6 Use Restricted. No currency, whether tangible, digital, or otherwise, which inherently compromises privacy by provision of transaction or usage details to any government agency or partner; allows programming of prohibited or mandatory uses; has the ability to block or refuse any lawful transactions; can be connected to any form of credit score; can be programmed with an expiration date; or, can be programmed with non-market driven inflation, may be used as legal tender by any entity for any debts in the state of New Hampshire, including by the Federal Reserve.  Copies of financial or credit records or the information contained therein, including information supplied pursuant to RSA 359-C:11, II, which are obtained by any state agency, local agency or supervisory agency may not be:

3  Effective Date.  This act shall take effect 60 days after its passage.

 

LBA

23-0359

12/13/22

 

HB 225-FN- FISCAL NOTE

AS INTRODUCED

 

AN ACT relative to prohibiting the use of currency detrimental to privacy rights.

 

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

 

 

 

Estimated Increase / (Decrease)

STATE:

FY 2023

FY 2024

FY 2025

FY 2026

   Appropriation

$0

$0

$0

$0

   Revenue

$0

$0

$0

$0

   Expenditures

$0

Indeterminable

Indeterminable

Indeterminable

Funding Source:

  [ X ] General            [    ] Education            [    ] Highway           [    ] Other

 

 

 

 

 

COUNTY:

 

 

 

 

   Revenue

$0

$0

$0

$0

   Expenditures

Indeterminable

Indeterminable

Indeterminable

Indeterminable

 

 

 

 

 

METHODOLOGY:

This bill contains penalties that may have an impact on the New Hampshire judicial. 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 2023

FY 2024               through 12/31/23

FY 2024

(Starting 1/1/24 with repeal

of Felonies First)

Violation and Misdemeanor Level Offense

$119

$122

$122

Judicial Council

FY 2023

FY 2024

Contract Attorney – Misdemeanor

$300/Case

$70 administrative fee

$100 incarceration fee

(If applicable)

$300/Case

$70 administrative fee

$100 incarceration fee

(If applicable)

Assigned Counsel- Misdemeanor. Travel time to court does not count toward the cap.

$90/Hour up to $2,000

$90/Hour up to $2,000

NH Association of Counties

FY 2023

FY 2024

County Prosecution Costs

Indeterminable

Indeterminable

 

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 may be able to absorb the cost within its existing budget. However, if the Department needs to prosecute significantly more cases or handle more appeals, then costs will increase by an indeterminable amount.  

 

It is assumed any fiscal impact would not occur until FY 2024.

 

AGENCIES CONTACTED:

Judicial Branch, Judicial Council, and New Hampshire Association of Counties