HB 1399-FN – AS INTRODUCED
2008 SESSION
03/10
HOUSE BILL 1399-FN
AN ACT relative to the limit for political contributions.
SPONSORS: Rep. Splaine, Rock 16; Rep. C. Chase, Hills 2
This bill lowers the limit for political contributions.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
08-2474
03/10
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Eight
AN ACT relative to the limit for political contributions.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Prohibited Political Contributions; Value. Amend RSA 664:4, V to read as follows:
V. By any person (1) if in excess of $5,000 in value, except for contributions made by a candidate in behalf of his own candidacy, or if in excess of [$1,000] $500 in value by any person or by any political committee to a candidate or a political committee working on behalf of a candidate who does not voluntarily agree to limit his or her campaign expenditures and those expenditures made on his or her behalf as provided in RSA 664:5-a, (2) if made anonymously or under a name not that of the donor, (3) if made in the guise of a loan, (4) if any other manner concealed, (5) if made without the knowledge and written consent of the candidate or his or her fiscal agent[,] or a political committee or its treasurer, or not to any one of the same.
2 Effective Date. This act shall take effect January 1, 2009.
LBAO
08-2474
11/28/07
HB 1399-FN - FISCAL NOTE
AN ACT relative to the limit for political contributions.
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 lowers the limit for political contributions from $1,000 to $500 to a candidate or political committee working for a candidate who does not voluntarily agree to limit campaign expenditures. The Department of Justice states this bill should have no fiscal impact on their 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. However, the Branch notes the topic of whether political contribution limits are constitutional has given rise to cases nationally. The Branch states a single such case appealed to the New Hampshire Supreme Court would result in a fiscal impact in excess of $10,000.
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.