SB313 (2014) Detail

Relative to political contributions by state contractors and other recipients of state grants or appropriations.


SB 313-FN – AS INTRODUCED

2014 SESSION

14-2737

05/03

SENATE BILL 313-FN

AN ACT relative to political contributions by state contractors and other recipients of state grants or appropriations.

SPONSORS: Sen. Pierce, Dist 5; Sen. D'Allesandro, Dist 20; Sen. Fuller Clark, Dist 21; Sen. Gilmour, Dist 12; Sen. Larsen, Dist 15; Sen. Soucy, Dist 18

COMMITTEE: Public and Municipal Affairs

ANALYSIS

This bill requires recipients of state grants or appropriations to file a written disclosure of campaign contributions with the secretary of state.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

14-2737

05/03

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Fourteen

AN ACT relative to political contributions by state contractors and other recipients of state grants or appropriations.

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

1 New Paragraph; Lobbyists; Prohibited Activities; Reporting Requirement for Recipients of State Grants or Appropriations. Amend RSA 15:5 by inserting after paragraph II the following new paragraph:

III. Any recipient of a grant or appropriation of state funds other than by a person who serves as an employee of the state shall, in addition to maintaining the separation of funds required under paragraph II, file with the secretary of state, an itemized statement under oath of any political contribution, as defined in RSA 664, made by the recipient in his or her professional or personal capacity. Recipients shall file the statements on a quarterly basis, in the form and manner prescribed by the secretary of state. The reporting requirement established under this paragraph shall apply regardless of whether the contribution is made in an individual capacity or on behalf of the recipient’s firm, corporation, or partnership, or on behalf of a family member, as defined in RSA?15:6, I(c). The statements shall be open to public inspection.

2 Effective Date. This act shall take effect January 1, 2015.

LBAO

14-2737

12/12/13

SB 313-FN - FISCAL NOTE

AN ACT relative to political contributions by state contractors and other recipients of state grants or appropriations.

FISCAL IMPACT:

    The Judicial Branch and New Hampshire Association of Counties state this bill, as introduced, may increase state and county expenditures by an indeterminable amount in FY 2015 and each year thereafter. There will be no impact on local expenditures, or state, county, and local revenue.

METHODOLOGY:

    The Judicial Branch states this bill requires recipients of state grants or appropriations to file a written disclosure of campaign contributions with the Department of State. Each violation will constitute an unspecified misdemeanor if done by a natural person and an unspecified felony if done by any other person. In addition, pursuant to current RSA 15:8, anyone making a knowing false statement is guilty of perjury, which is also a felony level offense. The Branch states it has no information on which to estimate how many additional prosecutions will be brought as a result of the bill. The Branch does, however, have information on the average cost of processing such cases in the trial court. The Branch projects the average cost of processing a class A misdemeanor will be $66.17 in FY 2015, and $67.64 in FY 2016, and the average cost of processing a class B misdemeanor will be $46.99 in FY 2015, and $48.08 in FY 2016. Any felony offense under the bill will be classified as a routine criminal case in the superior court; the Branch projects that the cost of prosecuting an average routine criminal case in the superior court will be $425.27 in FY 2015, and $433.34 in FY 2016. These numbers do not consider the cost of any appeals that may be undertaken following trial. All costs are estimated based on case weight information from the Branch’s last needs assessment completed in 2005.

    The New Hampshire Association of Counties states to the extent more individuals are charged, convicted, and sentenced to incarceration in a county correctional facility as a result of the bill, the counties may have increased expenditures. The Association is unable to determine the number of individuals who might be charged, convicted or incarcerated as a result of this bill to determine an exact fiscal impact. The average annual cost to incarcerate an individual in a county correctional facility is approximately $35,000. There is no impact on county revenue.

    The Department of Justice, Department of State, and Judicial Council state the bill will have no fiscal impact.