Bill Details - SB105 (2019)

SB 105-FN - AS AMENDED BY THE SENATE

 

03/07/2019   0886s

2019 SESSION

19-0980

05/03

 

SENATE BILL 105-FN

 

AN ACT relative to contributions to inaugural committees.

 

SPONSORS: Sen. Feltes, Dist 15; Sen. Fuller Clark, Dist 21; Rep. Cushing, Rock. 21; Rep. W. Pearson, Ches. 16; Rep. Morrison, Rock. 9

 

COMMITTEE: Election Law and Municipal Affairs

 

─────────────────────────────────────────────────────────────────

 

ANALYSIS

 

This bill limits contributions to inaugural committees and requires the inaugural treasurer to report individual contributions over a specified amount.

 

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

03/07/2019   0886s 19-0980

05/03

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Nineteen

 

AN ACT relative to contributions to inaugural committees.

 

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

 

1  Inaugural Treasurer; Reporting Requirement.  Amend RSA 664:13-a, II to read as follows:

II.  No person shall make any expenditure or make or receive any contribution or receipt, in kind or otherwise, for a gubernatorial inauguration except by or through the inaugural treasurer.  No person shall make a contribution for a gubernatorial inauguration in excess of $10,000.

2  Inaugural Treasurer; Reporting Requirement.  Amend RSA 664:13-a, IV to read as follows:

IV.  The inaugural treasurer shall file an itemized statement of receipts and expenditures with the secretary of state in like manner and detail as prescribed in RSA 664:6 on March 10 and July 10 following the inauguration.  Expenditures totaling more than $1,000 from the inaugural treasurer to the governor-elect or his or her immediate family shall contain back-up receipts.  The report filed on March 10 shall be for the period ending on February 28 and the report filed on July 10 shall be for the period beginning on March 1 and ending on June 30.  After the July 10 filing, reports shall continue to be filed every 6 months under RSA 664:6, V on the same dates required for state elections until a zero balance is achieved.  If a report is sent by certified mail on or before the day it is due, the mailing shall constitute receipt by the secretary of state.

3  Effective Date.  This act shall take effect January 1, 2020.

 

LBAO

19-0980

Amended 3/8/19

 

SB 105-FN- FISCAL NOTE

AS AMENDED BY THE SENATE (AMENDMENT #2019-0886s)

 

AN ACT relative to contributions to inaugural committees.

 

FISCAL IMPACT:      [ X ] State              [ X ] County               [    ] Local              [    ] None

 

 

 

Estimated Increase / (Decrease)

STATE:

FY 2020

FY 2021

FY 2022

FY 2023

   Appropriation

$0

$0

$0

$0

   Revenue

$0

$0

$0

$0

   Expenditures

Indeterminable

Indeterminable

Indeterminable

Indeterminable

Funding Source:

  [ X ] General            [    ] Education            [    ] Highway           [    ] Other

 

 

 

 

 

COUNTY:

 

 

 

 

   Revenue

$0

$0

$0

$0

   Expenditures

Indeterminable

Indeterminable

Indeterminable

Indeterminable

 

METHODOLOGY:

This bill prohibits persons from making contributions in excess of $10,000 for a gubernatorial inauguration.  Expenditures totaling more than $1,000 from the inaugural treasurer to the governor-elect or his or her immediate family shall contain back-up receipts.

 

This bill contains penalties that may have an impact on the New Hampshire judicial and correctional systems.  There is no method to determine how many charges would be brought as a result of the changes contained in this bill to determine the fiscal impact on expenditures.  However, the entities impacted have provided the potential costs associated with these penalties below.

Judicial Branch

FY 2020

FY 2021

Class B Misdemeanor

$53

$54

Class A Misdemeanor

$76

$77

Simple Criminal Case

$296

$301

Routine Criminal Felony Case

$481

$486

Appeals

Varies

Varies

 

 

 

It should be noted that average case cost estimates for FY 2020 and FY 2021 are based on data that is more than ten years old and does not reflect changes to the courts over that same period of time or the impact these changes may have on processing the various case types.  An unspecified misdemeanor can be either class A or class B, with the presumption being a class B misdemeanor.

Judicial Council

 

 

Public Defender Program

Has contract with State to provide services.

Has contract with State to provide services.

Contract Attorney – Felony

$825/Case

$825/Case

Contract Attorney – Misdemeanor

$300/Case

$300/Case

Assigned Counsel – Felony

$60/Hour up to $4,100

$60/Hour up to $4,100

Assigned Counsel – Misdemeanor

$60/Hour up to $1,400

$60/Hour up to $1,400

It should be noted that a person needs to be found indigent and have the potential of being incarcerated to be eligible for indigent defense services. The majority of indigent cases (approximately 85%) are handled by the public defender program, with the remaining cases going to contract attorneys (14%) or assigned counsel (1%).

Department of Corrections

 

 

FY 2018 Average Cost of Incarcerating an Individual

$40,615

$40,615

FY 2018 Annual Marginal Cost of a General Population Inmate

$4,620

$4,620

FY 2018 Average Cost of Supervising an Individual on Parole/Probation

$571

$571

NH Association of Counties

 

 

County Prosecution Costs

Indeterminable

Indeterminable

Estimated Average Daily Cost of Incarcerating an Individual

$105 to $120

$105 to $120

 

Many offenses are prosecuted by local and county prosecutors.  When the Department of Justice has investigative and prosecutorial responsibility or is involved in an appeal, the Department would likely absorb the cost within its existing budget.  If the Department needs to prosecute significantly more cases or handle more appeals, then costs may increase by an indeterminable amount.  

 

AGENCIES CONTACTED:

Judicial Branch, Departments of Corrections and Justice, Judicial Council, and New Hampshire Association of Counties

 

Docket

Date Status
Jan. 3, 2019 Introduced 01/03/2019 and Referred to Election Law and Municipal Affairs; SJ 4
Jan. 30, 2019 Hearing: 01/30/2019, Room 102, LOB, 09:30 am; SC 8
March 7, 2019 Committee Report: Ought to Pass, 03/07/2019; SC 12
March 7, 2019 Sen. Birdsell Floor Amendment # 2019-0886s, AA, VV; 03/07/2019; SJ 7
March 7, 2019 Ought to Pass with Amendment 2019-0886s, RC 22Y-2N, MA; OT3rdg; 03/07/2019; SJ 7
March 20, 2019 Introduced 03/20/2019 and referred to Election Law HJ 11 P. 69
April 18, 2019 ==CANCELLED== Public Hearing: 04/18/2019 10:30 am LOB 308
April 23, 2019 Public Hearing: 04/23/2019 10:30 am LOB 308
May 16, 2019 Executive Session: 05/16/2019 10:00 am LOB 308
Committee Report: Ought to Pass (Vote 20-0; CC)

Action Dates

Date Body Type
Jan. 30, 2019 Senate Hearing
March 7, 2019 Senate Floor Vote
April 18, 2019 House Hearing
April 23, 2019 House Hearing
May 16, 2019 House Exec Session
House Floor Vote

Bill Text Revisions

SB105 Revision: 5101 Date: Jan. 18, 2019, 2:44 p.m.
SB105 Revision: 5473 Date: March 8, 2019, 6:15 p.m.