SB586 (2020) Detail

Relative to certain expenditures by candidates and candidate committees.


SB 586-FN - AS AMENDED BY THE SENATE

 

03/12/2020   1087s

03/12/2020   1191s

 

2020 SESSION

20-2729

11/03

 

SENATE BILL 586-FN

 

AN ACT relative to certain expenditures by candidates and candidate committees.

 

SPONSORS: Sen. Hennessey, Dist 5; Sen. Sherman, Dist 24

 

COMMITTEE: Election Law and Municipal Affairs

 

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ANALYSIS

 

This bill requires candidates and candidate committees to retain back-up receipts for expenditures over a certain amount made to certain persons.

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

03/12/2020   1087s

03/12/2020   1191s 20-2729

11/03

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Twenty

 

AN ACT relative to certain expenditures by candidates and candidate committees.

 

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

 

1  New Paragraph; Political Expenditures and Contributions; Reporting by Political Committee.  Amend RSA 664:6 by inserting after paragraph IX the following new paragraph:

X.  Any political committee with expenditures totaling more than $1,000 from the political committee to a candidate or his or her immediate family shall retain back-up receipts.

2  Political Expenditures and Contributions; Reporting by Candidates.  Amend RSA 664:7 to read as follows:

664:7  Reporting by Candidates.  Each candidate at the primary or general election for governor, councilor, state senator, representative to general court, or county officer, who has expenditures exceeding $500, shall file statements before and after an election in like manner and detail as prescribed in RSA 664:6, II, II-a, III, IV, and V, excepting, however, the expenditures of political committees of the party to which the candidate belongs in elections other than primaries.  Each candidate with expenditures totaling more than $1,000 to himself or herself or to his or her immediate family shall retain back-up receipts for 90 days after the final reporting period.

3  Effective Date.  This act shall take effect January 1, 2021.

 

LBAO

20-2729

Amended 6/16/20

 

SB 586-FN- FISCAL NOTE

AS AMENDED BY THE SENATE (AMENDMENT #2020-1087s and #2020-1191s)

 

AN ACT relative to certain expenditures by candidates and candidate 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

$0

Indeterminable

Indeterminable

Indeterminable

Funding Source:

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

 

 

 

 

 

COUNTY:

 

 

 

 

   Revenue

$0

$0

$0

$0

   Expenditures

$0

Indeterminable

Indeterminable

Indeterminable

 

METHODOLOGY:

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 2021

FY 2022

Class B Misdemeanor

$54

$56

Class A Misdemeanor

$77

$79

Simple Criminal Case

$300

$314

Routine Criminal Felony Case

$484

$498

Appeals

Varies

Varies

It should be noted that average case cost estimates for FY 2021 and FY 2022 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 2019 Average Cost of Incarcerating an Individual

$44,400

$44,400

FY 2019 Annual Marginal Cost of a General Population Inmate

$5,071

$5,071

FY 2019 Average Cost of Supervising an Individual on Parole/Probation

$576

$576

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

 

Links

SB586 at GenCourtMobile
SB586 Discussion

Action Dates

Date Body Type
Feb. 12, 2020 Senate Hearing
March 12, 2020 Senate Floor Vote
March 11, 2020 Senate Floor Vote
March 11, 2020 Senate Floor Vote

Bill Text Revisions

SB586 Revision: 8391 Date: June 18, 2020, 6:37 a.m.
SB586 Revision: 7841 Date: Jan. 6, 2020, 3:34 p.m.

Docket


: Died on Table


June 30, 2020: Introduced and Laid on Table MA VV 06/30/2020 HJ 10 P. 5


March 12, 2020: Ought to Pass with Amendments 2020-1087s, and 2020-1191s, RC 19Y-5N, MA; OT3rdg; 03/12/2020; SJ 7


March 12, 2020: Sen. Levesque Floor Amendment # 2020-1191s, AA, VV; 03/12/2020; SJ 7


March 12, 2020: Committee Amendment # 2020-1087s, AA, VV; 03/12/2020; SJ 7


March 12, 2020: Special Order to 03/12/2020, Without Objection, MA; 03/11/2020 SJ 6


March 11, 2020: Committee Report: Ought to Pass with Amendment # 2020-1087s, 03/11/2020; SC 10


March 12, 2020: Committee Report: Ought to Pass with Amendment # 2020-1087s, 03/12/2020; SC 10


Feb. 12, 2020: Hearing: 02/12/2020, Room 102, LOB, 10:30 am; SC 6


Jan. 8, 2020: To Be Introduced 01/08/2020 and Referred to Election Law and Municipal Affairs; SJ 1