SB336: relative to misrepresentation by public employees.

SB 336-FN - AS INTRODUCED

2024 SESSION

24-2819

09/05

SENATE BILL 336-FN

AN ACT relative to misrepresentation by public employees.

SPONSORS: Sen. Murphy, Dist 16; Rep. Osborne, Rock. 2; Rep. Notter, Hills. 12; Rep. C. McGuire, Merr. 27; Rep. D. McGuire, Merr. 14

COMMITTEE: Executive Departments and Administration

ANALYSIS

This bill establishes that a public officer or employee who knowingly makes a fraudulent statement or material misrepresentation to a member of the public in the course of his or her employment shall be subject to disciplinary action through the disciplinary procedures of his or her employer or licensing board, subject to certain exceptions.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

24-2819

09/05

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Twenty Four

AN ACT relative to misrepresentation by public employees.

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

1 New Chapter; Public Officers and Employees; False Statements to the Public in the Course of Employment. Amend RSA by inserting after chapter 96 the following new chapter:

CHAPTER 96-A

FALSE STATEMENTS TO THE PUBLIC IN THE COURSE OF EMPLOYMENT

96-A:1 False Statement by Public Officer or Employee.

I. Any officer or employee of the state or any political subdivision thereof who knowingly makes a fraudulent statement or material misrepresentation to a member of the public in the course of his or her employment shall be subject to disciplinary action through the disciplinary procedures of his or her employer. If the officer or employee is licensed in New Hampshire for his or her profession, the officer or employee shall be subject to disciplinary procedures by the relevant licensing board or agency.

96-A:2 Exceptions. This chapter shall not apply:

I. In any case where the false statement or material misrepresentation would be deemed justified pursuant to the competing harms standard as defined in RSA 627:3.

II. In any case where the false statement or material misrepresentation was made by a law enforcement officer in the furtherance of a criminal investigation.

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

LBA

24-2819

11/22/23

SB 336-FN- FISCAL NOTE

AS INTRODUCED

AN ACT relative to misrepresentation by state employees.

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

Estimated State Impact - Increase / (Decrease)

FY 2024

FY 2025

FY 2026

FY 2027

Revenue

$0

$0

$0

$0

Revenue Fund

None

Expenditures

Indeterminable

Funding Source

General Fund

Appropriations

$0

$0

$0

$0

Funding Source

None

Estimated Political Subdivision Impact - Increase / (Decrease)

FY 2024

FY 2025

FY 2026

FY 2027

County Revenue

$0

$0

$0

$0

County Expenditures

Indeterminable

Local Revenue

$0

$0

$0

$0

Local Expenditures

Indeterminable

METHODOLOGY:

This bill adds, deletes, or modifies a criminal penalty, or changes statute to which there is a penalty for violation. Therefore, this bill may have an impact on the judicial and correctional systems, which could affect prosecution, incarceration, probation, and parole costs, for the state, as well as county and local governments. A summary of such costs can be found at: https://gencourt.state.nh.us/lba/Budget/Fiscal_Notes/JudicialCorrectionalCosts.pdf

AGENCIES CONTACTED:

Judicial Branch, Judicial Council, Department of Justice, Department of Corrections, New Hampshire Association of Counties, and New Hampshire Municipal Association