HB241 (2005) Detail

Relative to removal of political advertising.


HB 241-FN-LOCAL – AS INTRODUCED

2005 SESSION

05-0334

03/01

HOUSE BILL 241-FN-LOCAL

AN ACT relative to removal of political advertising.

SPONSORS: Rep. Marshall Quandt, Rock 13; Rep. Matthew Quandt, Rock 13

COMMITTEE: Election Law

ANALYSIS

This bill:

I. Permits a property owner to place political advertising on public property which the owner maintains and which is contiguous to the owner’s property.

II. Requires that a law enforcement officer provide actual notice to the candidate or the candidate’s fiscal agent of the intent to remove improper advertising from public or private property.

III. Permits the assessment of a fee against candidates when law enforcement removes improper advertising.

IV. Prohibits removal of signs unless the city or town can prove the boundary location and the property owner does not dispute the removal.

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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

05-0334

03/01

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Five

AN ACT relative to removal of political advertising.

Be it Enacted by the Senate and House of Representatives in General Court convened:

1 Elections; Political Expenditures and Contributions; Placement and Removal of Political Advertising; Removal Powers. Amend RSA 664:17 to read as follows:

664:17 Placement and Removal of Political Advertising. No political advertising shall be placed on or affixed to any public property including highway rights-of-way or private property without the owner’s consent; provided, however, that a property owner may place political advertising on public property which the owner maintains and which is contiguous to the owner’s property. If a dispute arises between the property owner and the city or town, the property owner shall prevail. The earliest date on which political advertising may be placed or affixed shall be the last Friday in July prior to a state primary. All political advertising shall be removed by the candidate no later than the second Friday following the election unless the election is a primary and the advertising concerns a candidate who is a winner in the primary. No person shall remove, deface, or knowingly destroy any political advertising which is placed on or affixed to any private property except the owner of the property, or a law enforcement officer removing improper advertising[; provided, however, that, before a law enforcement officer removes any advertisement, he shall notify the candidate that it is improper, and allow the candidate 24 hours to remove the advertisement himself]. No law enforcement officer shall remove improper advertising from public or private property until 24 hours after the officer has provided actual notice to the candidate or the candidate’s fiscal agent of the intent to remove the advertising. If a law enforcement officer removes political advertising after providing notice pursuant to this section, the candidate may be assessed a removal fee of $25 per item removed. No sign shall be removed until the state, city, or town can prove where the landowner’s property boundary is located.

2 Effective Date. This act shall take effect January 1, 2006.

LBAO

05-0334

1/12/05

HB 241-FN-LOCAL - FISCAL NOTE

AN ACT relative to removal of political advertising.

FISCAL IMPACT:

      The New Hampshire Municipal Association states this bill may have an indeterminable fiscal impact on local revenue and expenditures in FY 2006 and each year thereafter. There will be no fiscal impact on state and county revenue or expenditures.

METHODOLOGY:

    The New Hampshire Municipal Association states this bill would allow the assessment of a $25 per item fee when a law enforcement officer removes illegally placed political advertising from public or private property. This could potentially increase local revenue to some municipalities. The Association does not have information regarding the number of such items that are removed by law enforcement officers, and therefore cannot estimate the fiscal impact of this provision. The Association states this bill would also require a municipality to prove where the landowner’s boundary is located before removing such advertising. Depending on what manner of proof is required, this may result in additional costs to municipalities. The Association is unable to determine the fiscal impact of this provision at this time.

    The Department of State states this bill will have no fiscal impact on their department.

Links

HB241 at GenCourtMobile

Action Dates

Date Body Type

Bill Text Revisions

HB241 Revision: 8721 Date: Jan. 21, 2010, midnight

Docket