CHAPTER 194
SB 258 – FINAL VERSION
2007 SESSION
10/03
SENATE BILL 258
AN ACT relative to reliance on ethics committee advisory opinions.
SPONSORS: Sen. Burling, Dist 5; Sen. Roberge, Dist 9; Sen. Larsen, Dist 15; Rep. Wall, Straf 7
COMMITTEE: Election Law and Internal Affairs
This bill provides that reliance on an advisory opinion issued by the legislative or executive branch ethics committee is an absolute defense to discipline and prosecution.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
07-1313
10/03
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Seven
AN ACT relative to reliance on ethics committee advisory opinions.
Be it Enacted by the Senate and House of Representatives in General Court convened:
194:1 Legislative Ethics Committee; Advisory Opinions; Reliance. Amend RSA 14-B:3, I(c) to read as follows:
(c) Render an advisory opinion, in writing within a reasonable time, in response to a written request by a member, officer, or employee, concerning the application of any law, guideline, rule, or regulation within its jurisdiction to a specific factual situation pertinent to the conduct or proposed conduct of the person seeking the advisory opinion. Any advisory opinion concerning any person subject to the provisions of this chapter who acted in reliance thereon, shall be binding upon the committee, and it shall be an absolute defense in any complaint brought under this chapter or prosecution under RSA 15-A or RSA 15-B that the person complained against acted in reliance upon such advisory opinion.
194:2 Financial Disclosure; Penalty. Amend RSA 15-A:7 to read as follows:
15-A:7 Penalty. Any person who knowingly fails to comply with the provisions of this chapter or knowingly files a false statement shall be guilty of a misdemeanor. It shall be an absolute defense in any prosecution under this chapter that the person acted in reliance upon an advisory opinion on the subject issued under RSA 14-B:3, I(c) or RSA 21-G:30, I(c).
194:3 Gifts, Honorariums, and Expenses; Penalty. Amend RSA 15-B:9 to read as follows:
15-B:9 Penalty. Any person who knowingly fails to comply with the provisions of this chapter or knowingly files a false report shall be guilty of a misdemeanor. It shall be an absolute defense in any prosecution under this chapter that the person acted in reliance upon an advisory opinion on the subject issued under RSA 14-B:3, I(c) or RSA 21-G:30, I(c).
194:4 Executive Branch Ethics Committee. Amend RSA 21-G:30, I(c) to read as follows:
(c) Render an advisory opinion, in writing within a reasonable time, in response to a written request by a person subject to any law, guideline, rule, or regulation concerning the application of any law, guideline, rule, or regulation within the committee’s jurisdiction to a specific factual situation pertinent to the conduct or proposed conduct of the person seeking the advisory opinion. Any advisory opinion concerning any person subject to the provisions of this subdivision who acted in reliance thereon, shall be binding upon the committee, and it shall be an absolute defense in any complaint brought under this subdivision or prosecution under RSA 15-A or RSA 15-B that the person complained against acted in reliance upon such advisory opinion. The name of the person seeking an advisory opinion and any information in the opinion that would identify such person shall be nonpublic. A redacted version of the advisory opinion shall be public.
194:5 Effective Date. This act shall take effect January 1, 2008.
Approved: June 18, 2007
Effective: January 1, 2008