HB 1397-FN – AS INTRODUCED
2008 SESSION
03/01
HOUSE BILL 1397-FN
AN ACT relative to retention of political expenditure receipts.
SPONSORS: Rep. Splaine, Rock 16; Rep. C. Chase, Hills 2
This bill requires that political committees and candidates retain for 2 years their receipts of expenditures exceeding $10.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
08-2471
03/01
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Eight
AN ACT relative to retention of political expenditure receipts.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Statement and Receipt Retention. Amend RSA 664:7-a to read as follows:
664:7-a Statement and Receipt Retention. Statements or reports required to be filed under RSA 664:6 and 664:7 shall be held in original form for 6 years from the election for which they are filed, after which time they may be destroyed. Political committees and candidates shall hold in original form receipts for all expenditures exceeding $10 reported under RSA 664:6 or 664:7 for 2 years from the election for which they were reported, after which time they may be destroyed.
2 Effective Date. This act shall take effect January 1, 2009.
LBAO
08-2471
11/28/07
HB 1397-FN - FISCAL NOTE
AN ACT relative to retention of political expenditure receipts.
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 will require political committees and candidates to retain receipts for expenditures exceeding $10 for two years. The Department of Justice states it will need to spend more time reviewing political committees and candidates records 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.