HB 403 – AS INTRODUCED
2005 SESSION
09/10
HOUSE BILL 403
AN ACT limiting permissible gifts to elected officials.
SPONSORS: Rep. Jasper, Hills 27
COMMITTEE: Legislative Administration
This bill limits permissible gifts to elected officials to meals, tickets, and other non-cash items with a value of less than $250.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
05-0542
09/10
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Five
AN ACT limiting permissible gifts to elected officials.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Gifts; Definition. Amend RSA 15-B:1, II to read as follows:
II. “Gift” means any [money or] thing of value received in excess of $50. “Gift” shall not include contributions as defined in RSA 664; a commercially reasonable loan made in the ordinary course of business; meals and beverages consumed in the course of official business; ceremonial gifts or awards which have insignificant monetary value; unsolicited non-cash gifts of nominal value or trivial items of informational value; reasonable expenses for food, travel and lodging for an in-state meeting at which the elected official participates in a panel or a speaking engagement; gifts of tickets or free admission extended to an elected official to attend charitable or political events, if the purpose of such gift or admission is a courtesy customarily extended to the office; gifts that are purely private and personal in nature; or gifts from relatives by blood or marriage, or a member of the same household.
2 New Section; Restrictions on Gifts to Elected Officials. Amend RSA 15-B by inserting after section 6 the following new section:
15-B:7 Restrictions on Gifts to Elected Officials.
I. No political committee, as defined in RSA 664:2, III, or lobbyist required to register under RSA 15-A shall make a gift or honorarium as defined in RSA 15-B:1.
II. No elected official shall accept any gifts of money which are paid directly to the elected official, the elected official’s spouse, dependents, or household members.
III. No elected official or spouse, dependent, or household member of an elected official shall knowingly accept, directly or indirectly, any gift or gifts in any calendar year aggregating more than $250 from any person, organization, or corporation.
IV. If an elected official or spouse, dependent, or household member of an elected official, after exercising reasonable diligence to obtain the information necessary to comply with this section unknowingly accepts a gift prohibited in this section, the elected official or spouse, dependent, or household member of the elected official shall, upon learning of the nature of the gift and its source, return the gift or, if it is not possible to return the gift, reimburse the donor for the value of the gift.
3 Corrupt Practices; Gifts to Public Servants. Amend RSA 640:5 to read as follows:
640:5 Gifts to Public Servants.
I. A person is guilty of a misdemeanor if such person:
[I.] (a) Being a public servant [he], solicits, accepts or agrees to accept any pecuniary benefit from a person who is or is likely to become subject to or interested in any matter or action pending before or contemplated by himself or herself or the governmental body with which [he] the public servant is affiliated; or
[II. He] (b) Knowingly gives, offers, or promises any pecuniary benefit prohibited by [paragraph I] subparagraph (a).
II. This section shall not apply to elected officials who accept gifts and honorariums which are permissible under RSA 15-B.
4 Effective Date. This act shall take effect January 1, 2006.