HB 589-FN - AS INTRODUCED
2015 SESSION
15-0070
03/05
HOUSE BILL 589-FN
AN ACT relative to prohibited coercion of political contributions.
SPONSORS: Rep. Gray, Straf 8; Rep. Hoelzel, Rock 3
This bill expands the applicability of the prohibition on coercing 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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
15-0070
03/05
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Fifteen
AN ACT relative to prohibited coercion of political contributions.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Prohibited Coercion of Political Contributions. Amend RSA 664:4-a to read as follows:
664:4-a Prohibited Coercion of Political Contributions.
[I.] No person shall knowingly coerce, or attempt to coerce, any [classified state employee] other person to give or withhold a contribution to any political campaign or political committee, or to any candidate, party, or cause, for the purpose of promoting the success or defeat of any candidate or political party.
[II. No business organization, and no officer, director, executive, agent or employee acting in behalf of the business organization, and no enterprise representing or affiliated with one or more business organizations, and no officer, director, executive, agent or employee acting in behalf of such enterprise, shall knowingly coerce, or attempt to coerce, any employee of the business organization or of the enterprise, or any contractor or subcontractor or any employee of the contractor or subcontractor doing business with the business organization, to make a contribution to any political campaign or political committee, or to any candidate, party or cause, for the purpose of promoting the success or defeat of any candidate or political party] Prohibited acts include, but are not limited to, coercion of an employee:
[(a)] I. By means of the denial or deprivation, or the threat of the denial or deprivation, of any employment, position, or work [in or for the business organization or enterprise].
[(b)] II. By means of the denial or deprivation, or threat of the denial or deprivation, of the loss of any compensation, payment, or benefit from such employment, position, or work.
[(c)] III. By means of the discharge, promotion, degradation, or change in any manner in the official rank or compensation of any employee, or by means of the promise or threat to do so, for giving or withholding a contribution.
2 Effective Date. This act shall take effect January 1, 2016.
LBAO
15-0070
01/26/15
HB 589-FN - FISCAL NOTE
AN ACT relative to prohibited coercion of political contributions.
FISCAL IMPACT:
The Judicial Branch, Judicial Council, and New Hampshire Association of Counties state this bill, as introduced, will have an indeterminable impact on state and county expenditures in FY 2016 and each year thereafter. There will be no impact on local expenditures, or state, county, and local revenue.
The Office of Legislative Budget Assistant is awaiting information from the Department of Justice relative to the potential fiscal impact of this bill. The Department was contacted on 12/11/14 to provide the information.
METHODOLOGY:
The Judicial Branch states this bill amends RSA 664:4-a (regarding coerced political contributions) to expand from “any classified state employee” to “any person” the group of people who may be the target of prohibited coercion. In accordance with RSA 664:21, V, violations of RSA 664:4-a are punishable as an unspecified misdemeanor for a natural person and as a felony for any other person. The Branch states that, while it is possible that the expanded universe of potential targets of coerced political contributions contemplated by the bill may lead to more charges brought under the statute, Branch statistics show no charges for violations of RSA 664:4-a have been brought in the past ten fiscal years (FY 2005 through FY 2014). The Branch further notes that, in fact, no prosecutions at any level for violations of RSA chapter 664 have been brought since FY 05. On the assumption that this historical trend continues and that the proposed bill will not change the historical trend, the Branch assumes the bill’s fiscal impact will be minimal.
The Judicial Council states the indigent defense delivery system is called on very rarely to provide representation to someone who allegedly violated laws governing elections. In addition, the Council notes that any new cases generated as a result of the bill will likely be able to absorbed by the Public Defender Program at current operating levels. As such, the Council assumes the bill’s fiscal impact will be minimal to none.
The New Hampshire Association of Counties states there will be little or no fiscal impact to counties as a result of this bill.
The Department of State states this bill will have no fiscal impact.