HB425: repealing the statute relative to medical freedom in immunizations.

HB 425-FN - AS INTRODUCED

2023 SESSION

23-0295

05/

HOUSE BILL 425-FN

AN ACT repealing the statute relative to medical freedom in immunizations.

SPONSORS: Rep. Horrigan, Straf. 10

COMMITTEE: Health, Human Services and Elderly Affairs

ANALYSIS

This bill repeals the statute pertaining to medical freedom in immunizations.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

23-0295

05/

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Twenty Three

AN ACT repealing the statute relative to medical freedom in immunizations.

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

1 Repeal. RSA 141-C:1-a, relative to medical freedom in immunizations, is repealed.

2 Effective Date. This act shall take effect January 1, 2024.

LBA

23-0295

1/5/23

HB 425-FN- FISCAL NOTE

AS INTRODUCED

AN ACT repealing the statute relative to medical freedom in immunizations.

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 Decrease

Indeterminable Decrease

Indeterminable Decrease

Funding Source:

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

COUNTY:

Revenue

$0

$0

$0

$0

Expenditures

$0

Indeterminable Decrease

Indeterminable Decrease

Indeterminable Decrease

METHODOLOGY:

This bill repeals RSA 141-C:1-a, which states that no person shall be compelled to receive an immunization for COVID-19 in order to receive public benefits from the State of NH or any of its political subdivisions. The Department of Health and Human services anticipates no fiscal impact to that Department as a result of the bill.

Currently, RSA 141-C:21 makes it a misdemeanor for anyone to violate any provision of RSA 141-C. Accordingly, to the extent that an individual would otherwise be charged with violating RSA 141-C:1-a, this bill may result in a reduced number of charges being brought. There is no method to determine the fiscal impact on expenditures. However, the entities impacted have provided the potential costs associated with misdemeanor 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

Appeals

Varies

Varies

Varies

Judicial Council

FY 2023

FY 2024

Public Defender Program

Has contract with State to provide services.

Has contract with State to provide services.

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

Assigned Counsel - Supreme Court Appeal

$125/Hour up to $10,000

$125/Hour up to $10,000

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. Historically, approximately 85% of the indigent defense caseload has been handled by the public defender program, with the remaining cases going to contract attorneys (14%) or assigned counsel (1%). Beginning in March of 2021, the public defender program has had to close intake of new cases due to excessive caseloads. Due to these closures, the contract and assigned counsel program have had to absorb significantly more cases. The system is experiencing significant delays in appointing counsel and the costs of representation have increased due to travel time and multiple appointments.

NH Association of Counties

FY 2023

FY 2024

County Prosecution Costs

Indeterminable

Indeterminable

Estimated Average Daily Cost of Incarcerating an Individual

$105 to $125

$105 to $125

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.

AGENCIES CONTACTED:

Department of Health and Human Services, Judicial Branch, Departments of Corrections and Justice, Judicial Council, and New Hampshire Association of Counties