Bill Text: NH HB264 | 2011 | Regular Session | Introduced
Bill Title: Relative to political contributions by state contractors and other recipients of state grants or appropriations.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Failed) 2011-03-15 - House Inexpedient to Legislate: Motion Adopted Voice Vote; House Journal 26, PG.796 [HB264 Detail]
Download: New_Hampshire-2011-HB264-Introduced.html
HB 264-FN – AS INTRODUCED
2011 SESSION
05/03
HOUSE BILL 264-FN
AN ACT relative to political contributions by state contractors and other recipients of state grants or appropriations.
SPONSORS: Rep. Brunelle, Hills 10; Rep. Schlachman, Rock 13; Rep. Pierce, Graf 9
This bill requires recipients of state grants or appropriations to file a written disclosure of campaign contributions with the secretary of state.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
11-0252
05/03
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Eleven
AN ACT relative to political contributions by state contractors and other recipients of state grants or appropriations.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Paragraph; Lobbyists; Prohibited Activities; Reporting Requirement for Recipients of State Grants or Appropriations. Amend RSA 15:5 by inserting after paragraph II the following new paragraph:
III. Any recipient of a grant or appropriation of state funds shall, in addition to maintaining the separation of funds required under paragraph II, file with the secretary of state, an itemized statement under oath of any political contribution, as defined in RSA 664, made by the recipient in his or her professional or personal capacity. Recipients shall file the statements on a quarterly basis, in the form and manner prescribed by the secretary of state. The reporting requirement established under this paragraph shall apply regardless of whether the contribution is made in an individual capacity or on behalf of the recipient’s firm, corporation, or partnership, or on behalf of a family member, as defined in RSA 15:6, I(c). The statements shall be open to public inspection.
2 Effective Date. This act shall take effect January 1, 2012.
LBAO
11-0252
Revised 01/25/11
HB 264 FISCAL NOTE
AN ACT relative to political contributions by state contractors and other recipients of state grants or appropriations.
FISCAL IMPACT:
The Judicial Branch, Judicial Council, Department of Corrections, and the New Hampshire Association of Counties state this bill may increase state and county expenditures by an indeterminable amount in FY 2012 and in each fiscal year thereafter. There will be no fiscal impact on state, county, and local revenues or local expenditures.
METHODOLOGY:
The Judicial Branch states this bill will add RSA 15:5, III to require recipients of state grants or appropriations to file a written disclosure of campaign contributions with the Department of State. The Branch states pursuant to RSA 15:8, a violation of the new section would be an unspecified misdemeanor if done by a natural person and an unspecified felony if done by any other person. The Branch states the average cost of a class A misdemeanor charge in the district courts will be $60.03 in FY 2012 and $60.88 in FY 2013, and for a class B misdemeanor charge it would be $43.58 in FY 2012 and $44.34 in FY 2013. The Branch states the average cost for a routine felony case in superior court will be $394.13 in FY 2012 and $399.33 in FY 2013. The Branch states it has no information on which to estimate how many new misdemeanors or felonies will be brought pursuant to proposed RSA 15:5, III.
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 Department of Corrections states the average annual cost of incarcerating an individual in the general prison population for the fiscal year ending June 30, 2010 was $32,492. The Department states this bill may increase expenditures by an indeterminable amount, but is unable to predict the number of individuals that might be impacted.
The New Hampshire Association of Counties states the average annual cost of incarcerating an individual in a county correctional facility is approximately $35,000. The Association states this bill’s fiscal impact cannot be determined as it cannot predict how many individuals may be incarcerated under this bill.
The Department of State states this bill would require recipients of a state grant or appropriation to file under lobbyist reporting statutes under RSA 15. The Department states any costs incurred as a result of this bill would be absorbed in its current budget.
The Department of Justice states this bill would amend RSA 15:5 to require that any recipient of a grant or appropriation of state funds shall file an itemized statement under oath of any political contribution, as defined in RSA 664, made by the recipient in his or her professional or personal capacity. The Department anticipates that any fiscal impact as a result of this bill could be absorbed by is existing resources.
