HB1236 (2006) Detail

Relative to disclosure of public expenditures related to lobbying and electioneering.


HB 1236-FN-LOCAL – AS INTRODUCED

2006 SESSION

06-2137

03/01

HOUSE BILL 1236-FN-LOCAL

AN ACT relative to disclosure of public expenditures related to lobbying and electioneering.

SPONSORS: Rep. O’Brien, Hills 4; Rep. Mead, Hills 4; Sen. Roberge, Dist 9

COMMITTEE: Election Law

ANALYSIS

This bill requires the publication of notice when any public funds are expended for lobbying or electioneering.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

06-2137

03/01

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Six

AN ACT relative to disclosure of public expenditures related to lobbying and electioneering.

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

1 New Section; Notice of Public Funds Expended for Electioneering or Lobbying. Amend RSA 664 by inserting after section 5-c the following new section:

664:5-d Notice of Public Funds Expended for Electioneering or Lobbying.

I. No public entity shall make an expenditure or otherwise pay or appropriate public funds to any nonpublic entity where any part of the funds will be used for electioneering or lobbying without publishing notice prior to the expenditure, payment, or appropriation. The notice shall disclose the amount of the expenditure, payment, or appropriation and the percentage of total payments or appropriations by the public entity to the nonpublic entity that is used for electioneering or lobbying. The public entity shall publish the notice in a newspaper of general circulation in the relevant community and make the notice available for public inspection in the office of the clerk or other person responsible for recordkeeping for the entity.

II. For the purposes of this section, “electioneer” shall mean to act in any way specifically designed to influence the vote of a voter on any question or office and “lobby” shall mean to act in any way specifically designed to influence the vote or decision of an elected or appointed public official on any official matter.

2 Effective Date. This act shall take effect January 1, 2007.

LBAO

06-2137

11/1/05

HB 1236-FN-LOCAL - FISCAL NOTE

AN ACT relative to disclosure of public expenditures related to lobbying and electioneering.

FISCAL IMPACT:

      The New Hampshire Municipal Association and New Hampshire Association of Counties states this bill may increase county and local expenditures by an indeterminable amount in FY 2007 and each year thereafter. There will be no fiscal impact on state, county, and local revenue, or state expenditures.

METHODOLOGY:

    The New Hampshire Municipal Association states this bill provides that no public entity may expend, pay, or appropriate any funds to a non-public entity if any part of the funds will be used for electioneering or lobbying, unless the public entity first publishes notice in a newspaper of general circulation. The Association assumes this bill would apply whenever a municipality makes a payment to an individual or organization that uses any part of the payment to engage in lobbying or electioneering, including the New Hampshire Municipal Association, the New Hampshire City and Town Clerks Association, the New Hampshire Association of Conservation Commissions, the New Hampshire Association of Chiefs of Police, the New Hampshire Fire Chiefs Association, the New Hampshire Association of Assessing Officials, the New Hampshire Tax Collectors Association, and other similar organizations that engage in lobbying activities. It may also apply when a municipality pays its own legislative counsel, and pays New Hampshire Bar Association dues for its staff attorneys. This bill suggests that notice be required when money is appropriated and spent, which would require notices throughout the year. The Association is unable to determine the exact fiscal impact at this time.

    The New Hampshire Association of Counties states this bill would restrict how county monies are spent for electioneering. The Association is unable to determine the fiscal impact at this time, as it is awaiting the completion of its survey of county governments to determine if these restrictions will have any impact on current county expenditures.

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