HB 1311-FN-A – AS AMENDED BY THE HOUSE
15Feb2006… 0574h
22Mar2006… 1254h
2006 SESSION
05/03
HOUSE BILL 1311-FN-A
AN ACT relative to the electronic filing of reports and applications with the secretary of state.
SPONSORS: Rep. Weed, Ches 3; Rep. Splaine, Rock 16
This bill authorizes the secretary of state to implement an electronic filing system for certain reports and applications that are filed with the office of the secretary of state.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
15Feb2006… 0574h
22Mar2006… 1254h
06-2226
05/03
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Six
AN ACT relative to the electronic filing of reports and applications with the secretary of state.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Section; Electronic Filing and Reporting System for Financial Disclosure and Notary Public and Justice of the Peace Appointments. Amend RSA 5 by inserting after section 4-a the following new section:
5:4-b Electronic Filing and Reporting.
I. The secretary of state may establish a system of electronic filing and reporting for financial disclosure reports and applications which are required by law to be filed with the secretary of state and which by law are public documents. The system may include, but is not limited to, lobbyist registration, lobbyist fees, and expenditure statements pursuant to RSA 15, candidate financial disclosure pursuant to RSA 15-A, campaign political committee registration, contribution, and expenditure reports pursuant to RSA 664, notary public applications for commission pursuant to RSA 455, justice of the peace applications for commission pursuant to RSA 455-A, and such other public documents that are required to be filed with the secretary of state as the secretary of state may from time to time determine. The secretary of state shall continue to accept paper filings as an alternative to any electronic filings accepted pursuant to this paragraph.
II. The secretary of state shall provide access to the electronic filing system for the purpose of submitting reports to all persons required to file reports through a secure system which creates a single starting point for all reporting and which assists the person with making a correct and complete filing. To the extent practical, the system shall be designed to assist the user in identifying the correct manner in which to report and will alert the user when information being submitted appears to fail to satisfy the reporting requirements of the applicable law.
III. The secretary of state shall provide legislators and other persons with a duty to file with access through the Internet using a password-protected secure connection. At least one computer terminal for public access to the system shall be maintained at the office of the secretary of state at the state house and at least one access point available to the public shall be maintained at the state record and archives center. To the extent practical, each person with a duty to file shall be issued notice of his or her filing obligation and the information necessary to access the electronic filing system when the secretary of state receives notice of the person’s election, appointment, commissioning, registration, or filing for office. Upon receipt of an electronic filing, the secretary of state shall send the filer an electronic certification of receipt of the filing.
IV. The secretary of state may use the fees deposited into the recount administrative and fee account established by RSA 660:13 for the purpose of establishing the electronic filing and reporting system, to provide a staff member in the office of the secretary of state who shall be available to assist any person with a duty to file reports through the electronic system with filing, and to provide funds to the attorney general to provide a staff member to assist the attorney general in fulfilling RSA 15:6, RSA 15-A:5, and RSA 15-B:6, and enforcing RSA 21-G and the RSA 664 reporting requirements.
V. The public information reported in filings shall be made available to the public through Internet access, except that no information which would be classified as confidential pursuant to RSA 91-A shall be disclosed and the home address information available through the Internet shall be limited to the town or city and state of home residence for any person filing a report or who is identified in a report. For any type of reporting or filing that uses the electronic system, the secretary of state is authorized to collect additional information, including but not limited to, mailing addresses, phone numbers, and e-mail addresses, when doing so will assist the department of state, department of justice, or any other entity responsible for review or enforcement of the reporting laws, provided, however, that such additional information shall be non public and shall not be subject to RSA 91-A.
2 Effective Date. This act shall take effect July 1, 2006.
LBAO
06-2226
10/13/05
HB 1311-FN-A - FISCAL NOTE
AN ACT relative to electronic filing of reports and applications with the secretary of state and relative to certain fees paid to the secretary of state.
FISCAL IMPACT:
The Department of State indicates this bill will increase state expenditures $160,000 in FY 2006, and by $31,500 in FY 2007 and each year thereafter. This bill will increase state restricted revenue by $35,475 in FY 2007 and each year thereafter. There will be no fiscal impact on county and local revenue or expenditures.
METHODOLOGY:
The Department assumes the report filing software available as an option to the Help America Vote Act (HAVA) project will continue to be available at a price of $150,000, which includes customized configuration for New Hampshire. The Department would also purchase a server at a cost of $10,000. The Department states annual expenses would include a maintenance contract at approximately 15% of the software price or $22,500, as well as $7,500 for license fees, staff time, and incidentals. In addition, this bill requires that two computer stations be made available to the public at a cost $1,500 annually. This bill would also increase the lobbyist registration fee from $50 to $100, and deposit $50 of the fee into the recount administrative and fee account. Assuming 649 lobbyists, the Department estimates revenue will increase by $32,450 in FY 2007 and each year thereafter. This bill also increases the political committee registration fee from $50 to $75, and distributes $50 to the recount administrative and fee account and $25 to the election fund. Currently, the election fund receives the entire $50 fee. Assuming 121 political committees, this change will increase recount and administrative fee account revenue by $6,050 ($50 x 121), and decrease election fund revenue by $3,025 ($25 x 121). The estimated fiscal impact is as follows:
FY 2006 FY 2007 & Thereafter
Expenditures
Software & Configuration (one-time) $150,000 $ 0
Server Purchase (one-time) 10,000 0
Annual Maintenance Contract 0 22,500
License Fees, Staff time, & Incidentals 0 7,500
Computer Stations 0 1,500
Total Expenditures $160,000 $31,500
Revenue
Recount Administrative and Fee Account Revenue
Lobbyists ($50 increase) $ 0 $32,450
Political Committees ($50 increase) 0 6,050
Subtotal $ 0 $38,500
Election Fund Revenue
Lobbyists ($25 decrease) $ 0 ($ 3,025)
Total Revenue Impact $ 0 $35,475