SB215: relative to the use of prerecorded telephone messages for political advocacy.

SB 215-FN - AS AMENDED BY THE SENATE

03/20/03 0699s

2003 SESSION

03-1189

03/01

SENATE BILL 215-FN

AN ACT relative to the use of prerecorded telephone messages for political advocacy.

SPONSORS: Sen. Below, Dist 5; Sen. Larsen, Dist 15; Sen. Cohen, Dist 24; Sen. Estabrook, Dist 21; Sen. Foster, Dist 13; Sen. D'Allesandro, Dist 20; Rep. Spiess, Hills 47; Rep. Dokmo, Hills 47

COMMITTEE: Interstate Cooperation

AMENDED ANALYSIS

This bill requires that any political advertising in the form of a prerecorded telephone message disclose the name and telephone number of the candidate, committee, or other person paying for the telephone call. This bill also requires that violations of the political advertising identification law meet a knowing standard of conduct for criminal penalties to apply.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

03/20/03 0699s

03-1189

03/01

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Three

AN ACT relative to the use of prerecorded telephone messages for political advocacy.

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

1 Definitions; Communication. Amend RSA 664:2, VII to read as follows:

VII. "Communication" shall include, but not be limited to, publication in any newspaper or other periodical, broadcasting on radio, television, or over any public address system, transmission by telephone, placement on any billboards, outdoor facilities, window displays, posters, cards, pamphlets, leaflets, flyers, or other circulars, or in any direct mailing.

2 New Subparagraph; Political Advertising; Signature, Identification, and Lack of Authorization; Telephone. Amend RSA 664:14, IV by inserting after subparagraph (b) the following new subparagraph:

(c) Any political advertising in the form of a prerecorded message transmitted by telephone shall, within the first 60 seconds of the message, disclose the name and telephone number of the candidate, committee, or other person paying for the telephone call.

3 New Paragraph; Political Advertising; Signature, Identification, and Lack of Authorization. Amend RSA 664:14 by inserting after paragraph VI the following new paragraph:

VII. Any person who knowingly causes any communication that violates this section to be received within the state of New Hampshire shall be guilty of a misdemeanor if a natural person or shall be guilty of a felony if any other person.

4 Effective Date. This act shall take effect January 1, 2004.

LBAO

03-1189

Amended 3/26/03

SB 215 FISCAL NOTE

AN ACT relative to the use of prerecorded telephone messages for political advocacy.

FISCAL IMPACT:

The Judicial Branch, Judicial Council, Department of Justice, Association of Counties, and Department of Corrections state this bill, as amended by the Senate (Senate Amendment # 2003-0699s), may increase state and county expenditures by an indeterminable amount in FY 2004 and each year thereafter. There will be no fiscal impact on state, county, and local revenue or local expenditures.

METHODOLOGY:

The Judicial Branch states this bill expands the definition of "communication" in RSA 664:2, VII to include telephone calls and adds a section requiring prerecorded political telephone messages to contain certain disclosures. Violation of this section may, upon complaint, result in a cease and desist order from the attorney general pursuant to RSA 664:18 and an enforcement action by the attorney general in the superior court. In addition, pursuant to RSA 664:21, violations are misdemeanors if committed by a natural person, and felonies if by any other person. A class A misdemeanor carries the potential of incarceration, and therefore, the potential for de novo appeals to the superior court for a jury trial. A felony offense can involve arraignment, bail, and probable cause hearings in the district court, numerous hearings and a jury trial in the superior court, and an appeal to the supreme court. Historically there have been no prosecutions pursuant to RSA 664. On the assumption that historical experience will continue into the future, the fiscal impact on the judicial branch will be minimal.

The Judicial Council states for the purposes of determining the fiscal impact, the Council is not concerned with offenses by those other than natural persons since business entities are not eligible for indigent defense representation. It is assumed that any cases arising from the enactment of this law for which the Indigent Defense Fund may be liable, will, in the first instance be handled by the public defender or contract attorneys who accept these cases on a fixed fee basis of $250 per misdemeanor charged. If an assigned counsel attorney must be used, the hourly rate of $60 with a fee cap of $1,000 will apply. If a motion to exceed the fee cap is approved and/or "services other than counsel" are approved, these will also be chargeable to the Indigent Defense Fund. The Council is unable to predict the number of cases or trials that may arise as a result of the passage of this legislation.

The Department of Justice states this bill will involve the agency in additional litigation. Costs would include the production of documents, research, travel, overtime for support staff, and additional caseloads for attorneys. Exclusive of staff time, the cost of litigation averages $2,388 for civil cases and $1,351 for criminal cases. In addition, any increase in the number of complaints to the agency will increase both workload and the priority in which they are handled.

The Association of Counties states this bill expands the misdemeanor penalties of RSA 664. These penalties create a cost for the county correctional facilities. The direct impact on county expenditures will depend on the number of individuals sentenced, as well as those who are incarcerated pre-trial in a county facility. The average annual cost for counties to incarcerate inmates is $21,633.

The Department of Corrections states they cannot estimate the number of felony convictions that would result from passage of this bill. The average cost of incarceration is $24,866 per offender per year.

The Department of State states this bill will have no fiscal impact on the Department.