HB1490 (2006) Detail

Relative to procedures on ethics violations by legislators.


HB 1490 – AS INTRODUCED

2006 SESSION

06-2496

10/04

HOUSE BILL 1490

AN ACT relative to procedures on ethics violations by legislators.

SPONSORS: Rep. Owen, Merr 4

COMMITTEE: Election Law

ANALYSIS

This bill changes the procedure for recommendation of disciplinary actions by the legislative ethics committee and for the ratification of such recommendation by the house or senate.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

06-2496

10/04

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Six

AN ACT relative to procedures on ethics violations by legislators.

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

1 Legislative Ethics Committee; Actions Against Legislators; Procedures. Amend RSA 14-B:4, VIII(d) to read as follows:

(d)(1) There was improper conduct based upon clear and convincing evidence, and the improper conduct was of a serious nature so as to warrant formal disciplinary action by the general court in the case of a legislator or officer of the legislature, or formal disciplinary action by the joint committee on legislative facilities in the case of an employee of the legislature, except in the case of an employee of the legislature employed by the legislative budget assistant, in which case the formal disciplinary action shall be taken by the fiscal committee of the general court. The committee shall submit to the speaker of the house and senate president in the case of a legislator or officer of the legislature, to the joint committee on legislative facilities in the case of an employee of the legislature, or to the fiscal committee of the general court in the case of an employee of the legislature employed by the legislative budget assistant, a summary report of the deliberations regarding the complaint and of its findings. The report shall contain any specific recommendations concerning disciplinary actions to be imposed.

(2)(A) With respect to [any recommendations for] disciplinary actions against a legislator, the committee may recommend one or more of the following:

[(A)](i) Reprimand.

[(B)] (ii) Censure.

[(C)](iii) Expulsion from the senate or house of representatives.

[(D)](iv) Denial or limitation of any right, power, privilege, or immunity of the legislator that the constitution of New Hampshire permits the general court to deny or limit.

(B) In addition, with respect to disciplinary actions against a legislator, the committee may require the member’s removal from committee chairmanship or other position of authority.

[(2)](3) Before [any] disciplinary action concerning reprimand, censure, expulsion, or other action under subparagraph (2)(A) may be taken against a legislator or against an officer of the legislature, the [report]recommendation shall be ratified by the legislator’s or by the officer’s respective body of the general court. Such ratification need not occur during the biennium in which the complaint was submitted, but may be considered and acted upon by the general court in the next succeeding session[; provided that].

(4) No action shall be taken against an individual who is no longer a member of the general court.

[(3)](5) In a case involving an employee of the legislature, the joint committee on legislative facilities shall determine what disciplinary action shall be taken against the employee. In a case involving an employee of the legislature who is employed by the legislative budget assistant, the fiscal committee of the general court shall determine what disciplinary action shall be taken against the employee. In making its determination, the joint committee on legislative facilities or the fiscal committee of the general court as appropriate may use any of the specific recommendations concerning disciplinary actions which are contained in the report which it receives.

2 Effective Date. This act shall take effect 60 days after its passage.