Bill Text: NH SB231 | 2020 | Regular Session | Amended
Bill Title: Establishing a committee to study truth in political advertising.
Spectrum: Slight Partisan Bill (Republican 6-2)
Status: (Engrossed - Dead) 2020-09-23 - Died on Table [SB231 Detail]
Download: New_Hampshire-2020-SB231-Amended.html
SB 231-FN - AS AMENDED BY THE SENATE
01/08/2020 2889s
2019 SESSION
19-1069
05/04
SENATE BILL 231-FN
AN ACT establishing a committee to study truth in political advertising.
SPONSORS: Sen. Giuda, Dist 2; Sen. Birdsell, Dist 19; Sen. Carson, Dist 14; Sen. Dietsch, Dist 9; Sen. Fuller Clark, Dist 21; Rep. Lang, Belk. 4; Rep. Pearl, Merr. 26; Rep. Hinch, Hills. 21
COMMITTEE: Election Law and Municipal Affairs
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AMENDED ANALYSIS
This bill establishes a committee to study truth in political advertising.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
01/08/2020 2889s 19-1069
05/04
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Nineteen
AN ACT establishing a committee to study truth in political advertising.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Committee Established. There is established a committee to study truth in political advertising.
2 Membership and Compensation.
I. The members of the committee shall be as follows:
(a) One member of the senate, appointed by the president of the senate.
(b) Four members of the house of representatives, appointed by the speaker of the house of representatives.
II. Members of the committee shall receive mileage at the legislative rate when attending to the duties of the committee.
3 Duties. The committee shall study ways to promote truth in political advertising and how best to investigate and address allegations of false political advertising in state elections. The committee shall solicit information and testimony from any individual or entity the committee deems relevant to the study.
4 Chairperson; Quorum. The members of the study committee shall elect a chairperson from among the members. The first meeting of the committee shall be called by the senate member. The first meeting of the committee shall be held within 45 days of the effective date of this section. Three members of the committee shall constitute a quorum.
5 Report. The committee shall report its findings and any recommendations for proposed legislation to the president of the senate, the speaker of the house of representatives, the senate clerk, the house clerk, the governor, and the state library on or before November 1, 2020.
6 Effective Date. This act shall take effect upon its passage.
19-1069
1/18/19
SB 231-FN- FISCAL NOTE
AS INTRODUCED
AN ACT promoting truth in political advertising.
FISCAL IMPACT: [ X ] State [ X ] County [ X ] Local [ ] None
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| Estimated Increase / (Decrease) | |||
STATE: | FY 2020 | FY 2021 | FY 2022 | FY 2023 |
Appropriation | $0 | $0 | $0 | $0 |
Revenue | Indeterminable | Indeterminable | Indeterminable | Indeterminable |
Expenditures | Indeterminable | Indeterminable | Indeterminable | Indeterminable |
Funding Source: | [ X ] General [ ] Education [ ] Highway [ ] Other | |||
COUNTY: |
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Revenue | $0 | $0 | $0 | $0 |
Expenditures | Indeterminable | Indeterminable | Indeterminable | Indeterminable |
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LOCAL: |
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Revenue | $0 | $0 | $0 | $0 |
Expenditures | Indeterminable | Indeterminable | Indeterminable | Indeterminable |
METHODOLOGY:
This bill creates a new prohibition against false political advertising applicable only to state elections to the General Court. A candidate may file a written complaint with the Legislative Ethics Committee along with evidence and a filing fee of $100 within 10 days of publication of the alleged false political advertising. Within 20 days of receipt of evidence from a candidate, the committee shall meet and issue a written finding of "materially false" or "not materially false". If a finding of "materially false" is issued by the committee, the candidate or political entity whose name is provided on the advertising shall be assessed a fine equal to the cost of production and publication of the false advertisement. For Internet and social media offenses, a fine of $2,500 per offense shall be assessed. Fines are required to be paid by certified bank check to the state treasurer within 10 days of the "materially false" finding by the committee. A candidate or other entity which fails to pay such fines shall be guilty of a misdemeanor. Fine revenue shall be divided equally and distributed on the last day of each fiscal year to the Attorney General, Secretary of State and Legislative Ethics Committee.
The Legislative Branch indicates several variables make the fiscal impact of this bill indeterminable. It is unknown how many complaints may be filed; how many of those duly filed complaints may be deemed "materially false"; the amount of associated fines and whether such fines are based on the cost of advertisement production and publication, or the $2,500 flat fine for Internet or social media advertisements. The bill is silent as to where the filing fees are to be deposited.
This bill contains penalties that may have an impact on the New Hampshire judicial and correctional systems. 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 2020 | FY 2021 |
Class B Misdemeanor | $53 | $54 |
Class A Misdemeanor | $76 | $77 |
Simple Criminal Case | $296 | $301 |
Routine Criminal Felony Case | $481 | $486 |
Appeals | Varies | Varies |
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It should be noted that average case cost estimates for FY 2020 and FY 2021 are based on data that is more than ten years old and does not reflect changes to the courts over that same period of time or the impact these changes may have on processing the various case types. An unspecified misdemeanor can be either class A or class B, with the presumption being a class B misdemeanor. | ||
Judicial Council |
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Public Defender Program | Has contract with State to provide services. | Has contract with State to provide services. |
Contract Attorney – Felony | $825/Case | $825/Case |
Contract Attorney – Misdemeanor | $300/Case | $300/Case |
Assigned Counsel – Felony | $60/Hour up to $4,100 | $60/Hour up to $4,100 |
Assigned Counsel – Misdemeanor | $60/Hour up to $1,400 | $60/Hour up to $1,400 |
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. The majority of indigent cases (approximately 85%) are handled by the public defender program, with the remaining cases going to contract attorneys (14%) or assigned counsel (1%). | ||
Department of Corrections |
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FY 2018 Average Cost of Incarcerating an Individual | $40,615 | $40,615 |
FY 2018 Annual Marginal Cost of a General Population Inmate | $4,620 | $4,620 |
FY 2018 Average Cost of Supervising an Individual on Parole/Probation | $571 | $571 |
NH Association of Counties |
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County Prosecution Costs | Indeterminable | Indeterminable |
Estimated Average Daily Cost of Incarcerating an Individual | $105 to $120 | $105 to $120 |
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 would likely absorb the cost within its existing budget. If the Department needs to prosecute significantly more cases or handle more appeals, then costs may increase by an indeterminable amount.
AGENCIES CONTACTED:
Legislative Branch, Judicial Branch, Departments of Corrections and Justice, Judicial Council, and New Hampshire Association of Counties
