SB 205-FN - AS AMENDED BY THE SENATE
03/12/2015 0702s
2015 SESSION
15-0949
01/10
SENATE BILL 205-FN
AN ACT relative to the governor’s office and the legislature under the electioneering law.
SPONSORS: Sen. Forrester, Dist 2; Sen. Bradley, Dist 3; Sen. Reagan, Dist 17; Sen. Boutin, Dist 16; Sen. Carson, Dist 14; Sen. Avard, Dist 12; Sen. Little, Dist 8; Sen. Stiles, Dist 24; Sen. Cataldo, Dist 6
AMENDED ANALYSIS
This bill adds certain offices to the definition of “public agency” under the right-to-know law.
This bill also adds the governors’ office and the legislature to the electioneering law which prohibits electioneering while in the performance of official duties.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
03/12/2015 0702s
15-0949
01/10
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Fifteen
AN ACT relative to the governor’s office and the legislature under the electioneering law.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Right-to-Know; Definitions; “Public Agency.” Amend RSA 91-A:1-a, V to read as follows:
V. “Public agency” means any agency, authority, department, or office of the state, including the office of the governor, or of any county, town, municipal corporation, school district, school administrative unit, chartered public school, or other political subdivision.
2 Electioneering by Public Employees. Amend RSA 659:44-a to read as follows:
659:44-a Electioneering by Public Employees. No [public employee] person employed by a public employer, as defined in RSA 273-A:1, [IX] X, or employed by the New Hampshire general court or the office of the governor shall electioneer while in the performance of his or her official duties or use government property, including, but not limited to, telephones, facsimile machines, vehicles, and computers, for electioneering. For the purposes of this section, “electioneer” means to act in any way specifically designed to influence the vote of a voter on any question or office. Any person who violates this section shall be guilty of a misdemeanor.
3 Effective Date. This act shall take effect January 1, 2016.
LBAO
LSR 15-0940
Amended 03/23/15
SB 205-FN FISCAL NOTE
AN ACT relative to the governor’s office and the legislature under the electioneering law.
FISCAL IMPACT:
The Judicial Branch and the Department of Justice state this bill, as amended by the Senate (Amendment #2015-0702s), may increase state expenditures by an indeterminable amount in FY 2016 and each year thereafter. There will be no impact on state, county, and local revenue, or county and local expenditures.
The Office of Legislative Budget Assistant is awaiting information from the Governor’s Office relative to the potential fiscal impact of this bill. The Governor’s Office was contacted on 12/31/14, and again on 01/28/15, to provide the information.
METHODOLOGY:
The Judicial Branch states this bill adds the Governor’s Office to the definition of “public body” under the right-to-know law, and also adds the Governor’s Office and the Legislature to the electioneering law which prohibits electioneering while in the performance of official duties. The Governor’s Office is currently subject to the constitutional provision regarding the public’s right of access to governmental proceedings and records. Violations under this bill could result in either a routine equity case or an unspecified misdemeanor. An unspecified misdemeanor can be either a class A or class B, with the presumption being a class B misdemeanor. 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 Branch has provided the potential costs associated with the penalties contained in this bill, where they can be determined, in the following table:
FY 2016 |
FY 2017 | |
Judicial Branch* |
|
|
Class B Misdemeanor |
$48 |
$51 |
Class A Misdemeanor |
$69 |
$71 |
Routine Equity Case |
$242 |
$253 |
Appeals |
Varies |
Varies |
*It should be noted average case cost estimates for FY 2016 and FY 2017 are based on data that is more than nine 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. | ||
The Department of Justice states this bill may increase state expenditures by an indeterminable amount but cannot predict the number of new cases. The Department states that it does not currently receive funding related to elections enforcement, and expects that, in general, responding to elections-related complaints will require the assistance of a full-time investigator, 80% of an assistant attorney general, and 20% of secretarial staff time. The Department is unable to estimate the percentage of the above time that would be spent addressing complaints generated by this particular bill.
The Judicial Council states this bill is unlikely to impact state expenditures for the defense of the indigent accused.
The New Hampshire Association of Counties states this bill will have no fiscal impact.