HB1392 (2008) Detail

Relative to prohibited activities of lobbyists.


HB 1392-FN – AS INTRODUCED

2008 SESSION

08-2164

10/01

HOUSE BILL 1392-FN

AN ACT relative to prohibited activities of lobbyists.

SPONSORS: Rep. Vaillancourt, Hills 15; Rep. Drisko, Hills 5; Rep. Ehlers, Merr 9

COMMITTEE: Legislative Administration

ANALYSIS

This bill prohibits lobbyists from engaging in certain activities. Violations are a misdemeanor for a natural person or a felony for any other person.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

08-2164

10/01

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Eight

AN ACT relative to prohibited activities of lobbyists.

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

1 New Paragraph; Lobbyists; Prohibited Activities. Amend RSA 15:5 by inserting after paragraph II the following new paragraph:

III. No lobbyist shall:

(a) Do anything with the purpose of placing any elected state officer, legislative official, agency official, or state candidate under personal obligation to the lobbyist or the lobbyist's employer.

(b) Deceive or attempt to deceive any elected state officer, legislative official, agency official, or state candidate with regard to any material fact pertinent to any pending or proposed legislative or administrative action.

(c) Cause or influence the introduction of any bill or amendment thereto for the purpose of thereafter being employed to secure its passage or defeat.

(d) Attempt to create a fictitious appearance of public favor or disfavor of any proposed legislative or administrative action or to cause any communication to be sent to any elected state officer, legislative official, agency official, or state candidate in the name of any fictitious person or in the name of any real person, except with the consent of such real person.

(e) Represent falsely, either directly or indirectly, that the lobbyist can control the official action of any elected state officer, legislative official, or agency official.

(f) Accept or agree to accept any payment in any way contingent upon the defeat, enactment, or outcome of any proposed legislative or administrative action.

2 Effective Date. This act shall take effect January 1, 2009.

LBAO

08-2164

11/28/07

HB 1392-FN - FISCAL NOTE

AN ACT relative to prohibited activities of lobbyists.

FISCAL IMPACT:

      The Department of Justice, the Judicial Branch, the Judicial Council, and the New Hampshire Association of Counties state this bill may increase state and county expenditures by an indeterminable amount in FY 2009 and each year thereafter. There will be no fiscal impact on local expenditures or state, county, and local revenue.

METHODOLOGY:

    The Department of Justice, the Judicial Branch, the Judicial Council, and the New Hampshire Association of Counties state this bill will prohibit lobbyists from engaging in certain activities. The Department of Justice states the criminal offense created by the bill could be prosecuted by the Attorney General or county attorney’s office. If an appeal is filed, the Department would have increased expenditures. The Department is unable to estimate how many cases would be prosecuted by the Department or appealed to the Supreme Court.

    The Judicial Branch states it has no information to estimate how many charges would be brought as a result of this bill. In the past decade, there have been no prosecutions at any level for violations of RSA 15. Based on the assumption the historical trend will continue, it is expected this bill will result in few, if any, additional cases. Therefore, the fiscal impact on the Branch would be minimal.

    The Judicial Council states this bill may result in increased general fund expenditures but is unable to determine the fiscal impact. The Council states if an individual is found to be indigent, the flat fee of $275 per misdemeanor is charged by a public defender or contract attorney. If an assigned counsel attorney is used the fee is $60 per hour with a cap of $1,400 (effective January 1, 2008). The Council also states additional costs could be incurred if an appeal is filed. The public defender and contract attorney rates for Supreme Court appeals will be $2,000 per case (effective January 1, 2008), with many attorneys seeking permission to exceed the fee cap. However, such motions to exceed the fee cap are seldom granted. Finally, expenditures would increase if services other than counsel are requested and approved by the court during the defense of a case or during an appeal.

    The New Hampshire Association of Counties states to the extent any individual is prosecuted and/ or sentenced to incarceration, the counties may have increased expenditures. The Association is unable to determine the number of individuals who might be detained or incarcerated as a result of this bill. The average cost to incarcerate an individual in a county facility is $29,000 a year.