HB 270 – AS AMENDED BY THE HOUSE
06Apr2005… 0797h
2005 SESSION
09/01
HOUSE BILL 270
AN ACT relative to procedures of the legislative ethics committee.
SPONSORS: Rep. Rowe, Hills 6; Rep. L. Elliott, Hills 1
COMMITTEE: Legislative Administration
This bill establishes requirements and procedures for disqualification of and recusal by legislative ethics committee members.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
06Apr2005… 0797h
05-0720
09/01
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Five
AN ACT relative to procedures of the legislative ethics committee.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Section; Legislative Ethics Committee; Disqualification and Duty to Recuse. Amend RSA 14-B by inserting after section 4 the following new section:
14-B:4-a Disqualification and Duty to Recuse.
I. No member shall participate in any matter which the committee is to decide in a judicial capacity if that member has a direct personal or pecuniary interest in the outcome which differs from the interest of another legislator, or if that member would be disqualified for any reason stated for jury disqualification under RSA 500-A:12. Reasons for disqualification shall not include knowledge of the facts involved gained in the performance of the member’s official duties on the committee.
II. A member who is recused or disqualified shall not participate in any discussions of the committee nor make any public or private statements to any member of the committee or to any other person until the final determination of the committee has been made or until any final recommendation of the committee has been issued. Such member may attend public meetings or hearings of the committee; however, if so present, such member shall not be seated at the committee table nor take any actions whereby it may be perceived by another legislator or the public that the member is acting as a member of the committee.
III. The committee may, upon the request of a member or any other person, vote on the question of whether a member should be recused or disqualified in a particular matter. Any such request and vote shall be made prior to or at the commencement of any action relative to that matter or immediately upon the discovery of a reason for recusal or disqualification at any time during the course of committee action of a matter. Such vote shall be advisory and nonbinding.
IV. A violation of this section shall be considered a violation of the guidelines established by the committee.
2 Effective Date. This act shall take effect 60 days after its passage.