HB 1398-FN – AS INTRODUCED
2008 SESSION
03/09
HOUSE BILL 1398-FN
AN ACT requiring that certain political contributions be made in cash.
SPONSORS: Rep. Splaine, Rock 16; Rep. C. Chase, Hills 2
This bill prohibits political contributions in excess of $100 in cash.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
08-2472
03/09
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Eight
AN ACT requiring that certain political contributions be made in cash.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Paragraph; Prohibited Political Contributions; Cash Contributions. Amend RSA 664:4 by inserting after paragraph V the following new paragraph:
VI. In cash if in excess of $100.
2 Effective Date. This act shall take effect January 1, 2009.
LBAO
08-2472
11/28/07
HB 1398-FN - FISCAL NOTE
AN ACT requiring that certain political contributions be made in cash.
FISCAL IMPACT:
The Judicial Branch, the Judicial Council, and the New Hampshire Association of Counties state this bill may increase state and county expenditures by an indeterminable amount in FY 2009 and each year thereafter. There will be no fiscal impact on local expenditures or state, county, and local revenue.
METHODOLOGY:
The Department of Justice, Judicial Branch, the Judicial Council, and the New Hampshire Association of Counties state this bill prohibits political contributions in excess of $100 in cash. The Department of Justice states it will need to spend more time reviewing political contributions to ensure compliance with the law. However, the Department states it will be able to absorb any additional time needed to review compliance with current staff resulting in the bill having no fiscal impact on the Department.
The Judicial Branch states it has no information to estimate how many charges would be brought as a result of this bill. In the past decade, the number of prosecutions at any level for violations of RSA 664 has totaled two. Based on the assumption the historical trend will continue, it is expected this bill will result in few, if any, additional cases. Therefore, the fiscal impact on the Branch would be minimal.
The Judicial Council states this bill may result in increased general fund expenditures but is unable to determine the fiscal impact. 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 (effective January 1, 2008). The Council also states additional costs could be incurred if an appeal is filed. The public defender and contract attorney rates for Supreme Court appeals will be $2,000 per case (effective January 1, 2008), with many attorneys seeking permission to exceed the fee cap. However, such motions 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 New Hampshire Association of Counties states to the extent an individual is prosecuted and/or sentenced to incarceration, the counties may have increased expenditures. The Association is unable to determine the number of individuals who might be detained or incarcerated as a result of this bill. The average cost to incarcerate an individual in a county facility is $29,000 a year.