HB590: (New Title) relative to the authority of the New Hampshire attorney general to enforce certain consumer protection laws.

HB 590-FN - AS AMENDED BY THE HOUSE

8Jan2020... 0898h

2019 SESSION

19-0622

11/03

HOUSE BILL 590-FN

AN ACT relative to the authority of the New Hampshire attorney general to enforce certain consumer protection laws.

SPONSORS: Rep. Luneau, Merr. 10; Sen. Feltes, Dist 15

COMMITTEE: Commerce and Consumer Affairs

AMENDED ANALYSIS

This bill clarifies that the New Hampshire attorney general has authority to enforce certain federal consumer protection laws that may otherwise be exempt from the provisions RSA 358-A.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

8Jan2020... 0898h 19-0622

11/03

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Nineteen

AN ACT relative to the authority of the New Hampshire attorney general to enforce certain consumer protection laws.

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

1 Regulation of Business Practices for Consumer Protection; Exempt Transactions. Amend RSA 358-A:3, I to read as follows:

I. Trade or commerce that is subject to the jurisdiction of the bank commissioner, the director of securities regulation, the insurance commissioner, the public utilities commission, the financial institutions and insurance regulators of other states, or federal banking or securities regulators who possess the authority to regulate unfair or deceptive trade practices. This paragraph includes trade or commerce under the jurisdiction of, and regulated by, the bank commissioner pursuant to RSA 361-A, relative to retail installment sales of motor vehicles. No provision of this paragraph shall be construed to alter, limit, or otherwise affect the authority of the New Hampshire attorney general to exercise those enforcement powers conferred under 12 United States Code, section 5552.

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

LBAO

19-0622

Amended 1/22/20

HB 590-FN- FISCAL NOTE

AS AMENDED BY THE HOUSE (AMENDMENT #2019-0898h)

AN ACT relative to the authority of the New Hampshire attorney general to enforce certain consumer protection laws.

FISCAL IMPACT: [ X ] State [ ] 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

$0

Indeterminable Increase

Indeterminable Increase

Indeterminable Increase

Funding Source:

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

METHODOLOGY:

This bill clarifies that the New Hampshire Attorney General has authority to enforce certain federal consumer protection laws that may otherwise be exempt from the provisions of RSA 358-A. The Department of Justice indicates this bill would codify, in state law, that the authority of the Department has been accorded by the federal government to bring certain enforcement actions against state and federal banks. The Department assumes this would likely increase the number of cases the Department would be asked to review under the Consumer Protection Act. Although the bill would increase the number of investigations and prosecutions, the Department cannot estimate such increase and states any fiscal impact is indeterminable.

It is assumed the fiscal impact of the bill would not occur until FY 2021.

AGENCIES CONTACTED:

Department of Justice