Revision: Jan. 28, 2011, midnight
HB 451-FN – AS INTRODUCED
2011 SESSION
03/10
HOUSE BILL 451-FN
AN ACT prohibiting the use of prerecorded political messages for political advocacy within 30 days prior to an election.
SPONSORS: Rep. Elliott, Rock 4
This bill prohibits the use of prerecorded political messages for political advocacy within 30 days prior to an election.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
11-0227
03/10
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Eleven
AN ACT prohibiting the use of prerecorded political messages for political advocacy within 30 days prior to an election.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Section; Use of Prerecorded Political Messages Limited. Amend RSA 664 by inserting after section 14-b the following new section:
664:14-c Use of Prerecorded Political Messages Limited. No person shall deliver or knowingly cause to be delivered a prerecorded political message, as defined in RSA 664:14-a, I(b), during the 30 days preceding any general or primary election. Any person who violates this section shall be subject to penalty under RSA 664:21, V and VI.
2 Penalty. Amend RSA 664:21, VI to read as follows:
VI.(a) Whoever violates any of the provisions of RSA 664:14-c or RSA 664:16-a or the provisions of RSA 664:17 relative to removing, defacing, or destroying political advertising on private property shall be subject to a civil penalty not to exceed $1,000.
(b) The court, upon petition of the attorney general, may levy upon any person who violates the provisions of RSA 664:14-c or RSA 664:16-a or the provisions of RSA 664:17 relative to removing, defacing, or destroying political advertising on private property a civil penalty in an amount not to exceed $1,000 per violation. All penalties assessed under this paragraph shall be paid to the secretary of state for deposit into the general fund.
(c) The attorney general shall have authority to notify suspected violators of RSA 664:14-c or RSA 664:16-a or the provisions of RSA 664:17 relative to removing, defacing, or destroying political advertising on private property of the state's intention to seek a civil penalty, to negotiate, and to settle with such suspected violators without court action, provided any civil penalty paid as settlement shall be paid to the secretary of state for deposit into the general fund.
3 Effective Date. This act shall take effect January 1, 2012.
LBAO
11-0227
Revised 01/26/11
HB 451 FISCAL NOTE
AN ACT prohibiting the use of prerecorded political messages for political advocacy within 30 days prior to an election.
FISCAL IMPACT:
The Judicial Branch, Judicial Council, Department of Corrections, and the New Hampshire Association of Counties state this bill may increase state and county expenditures by an indeterminable amount in FY 2012 and in each fiscal year thereafter. There will be no fiscal impact on state, county, and local revenues or local expenditures.
METHODOLOGY:
The Judicial Branch states this bill will add RSA 664:14-c to prohibit the use of prerecorded political messages for political advocacy within 30 days prior to an election. The Branch states pursuant to RSA 664:21, V a violation of the new section would be an unspecified misdemeanor if done by a natural person and an unspecified felony if done by any other person and furthermore would amend RSA 664:21, VI, to add as a punishment for the new offense, the potential of civil penalties not to exceed $1,000 per violation. The Branch states the average cost of a class A misdemeanor charge in the district courts will be $60.03 in FY 2012 and $60.88 in FY 2013 and for a class B misdemeanor charge it would be$43.58 in FY 2012 and $44.34 in FY 2013. The Branch states the average cost for a routine felony case in superior court will be $394.13 in FY 2012 and $399.33 in FY 2013. The Branch states it has no information on which to estimate how many new misdemeanors or felonies will be brought pursuant to proposed RSA 664:14-c.
The Judicial Council states this bill may result in an indeterminable increase in general fund expenditures. 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 for a misdemeanor charge. The Council also states additional costs could be incurred if an appeal is filed. The public defender, contract attorney and assigned counsel rates for Supreme Court appeals is $2,000 per case, with many assigned counsel attorneys seeking permission to exceed the fee cap. Requests 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 Department of Corrections states the average annual cost of incarcerating an individual in the general prison population for the fiscal year ending June 30, 2010 was $32,492. The Department states this bill may increase expenditures by an indeterminable amount, but is unable to predict the number of individuals that might be impacted.
The New Hampshire Association of Counties states the average annual cost of incarcerating an individual in a county correctional facility is approximately $35,000. The Association states this bill’s fiscal impact cannot be determined as it cannot predict how many individuals may be incarcerated under this bill.
The Department of State states this bill would prohibit prerecorded political messages during the 30 days prior to a primary or general election. The Department states there will be no fiscal impact as it is not responsible for the enforcement of this prohibition.
The Department of Justice states this bill would prohibit the use of prerecorded political messages for political advocacy within 30 days prior to an election and authorizes the Attorney General to file a petition with the superior court to seek a civil penalty not to exceed $1,000 per violation. The Department anticipates any costs arising from this bill could be absorbed using existing resources.