CHAPTER 203
HB 292 – FINAL VERSION
12Feb2009… 0174h
05/27/09 1699s
24Jun2009… 2182cofc
24Jun2009… 2349eba
2009 SESSION
03/01
HOUSE BILL 292
AN ACT relative to financial disclosures, lobbyist registrations and statements, prohibited gifts, and executive branch volunteers.
SPONSORS: Rep. Splaine, Rock 16; Rep. McEachern, Rock 16
This bill:
I. Modifies the applicability of lobbyist regulation statutes and reporting requirements for lobbyists.
II. Exempts certain executive branch volunteers from the financial disclosure requirements.
III. Modifies exemptions from the definition of “gift” for purposes of prohibitions on certain gifts to public officials.
IV. Requires the secretary of state to designate an individual as the state filing officer.
V. Requires certain officials to submit information relating to financial disclosure compliance.
VI. Makes discretionary the attorney general’s duty to examine statements of financial interest and compel their compliance with the law.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
12Feb2009… 0174h
05/27/09 1699s
24Jun2009… 2182cofc
24Jun2009… 2349eba
09-0216
03/01
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Nine
AN ACT relative to financial disclosures, lobbyist registrations and statements, prohibited gifts, and executive branch volunteers.
Be it Enacted by the Senate and House of Representatives in General Court convened:
203:1 Lobbyists; Registration. Amend RSA 15:1, IV to read as follows:
IV. All registrations required under this section shall expire on December [1] 31.
V. The following communications are excluded from the regulation imposed by this chapter and shall not be considered in a determination of whether a person is required to register and report as a lobbyist:
(a) Public testimony before a legislative committee or subcommittee.
(b) Public testimony before any entity subject to RSA 91-A, the right-to-know law.
(c) A written document filed in the course of a public proceeding or any other communication that is made on the record in a public proceeding.
(d) Communication made by a public official acting in the public official’s official capacity.
(e) Communication made by a representative of a media organization if the purpose of the communication is gathering or disseminating news and information to the public.
(f) Communication made in a speech, article, publication, or other material that is distributed and made available to the public, or through radio, television, cable television, the Internet, or other medium of mass communication.
(g) Communication made in writing which becomes a public record subject to the provisions of RSA 91-A, the right-to-know law, provided in response to a written request by a legislative or executive branch official.
(h) Communication made to the governor or to any member of the executive council, member of the general court, or public official as defined in RSA 15-B:2, X by an employee on behalf of his or her employer that would otherwise require registration under RSA 15:1, II, provided that the person making the communication:
(1) Is not required to register and report as a lobbyist for any person, including the employer on whose behalf the communication exempted under this subparagraph is made;
(2) Is not specifically compensated by the employer or any other person for making the communication;
(3) Has not been required to make the communication by the employer or any other person required to register and report under this chapter; and
(4) The purpose of the communication is to allow the employee to communicate the employer’s views or his or her personal views on any matter within the scope of RSA 15:1, II that may affect the employer and/or the employee in his or her capacity as an employee.
203:2 Lobbyist Statements. Amend RSA 15:6, II to read as follows:
II. Lobbyists shall file statements no later than the [second Friday] last Wednesday of each [month] January, April, July, and October covering all fees received and expenditures, contributions, honorariums, or expense reimbursements made [during the previous month] since the last required filing, from fees received at any time from a lobbying client or employer or from funds otherwise provided by the lobbyist, partnership, firm, or corporation, or from the client or employer.
203:3 Lobbyist Statements. Amend RSA 15:6, V(h) to read as follows:
(h) The following statement followed by a line for each person filing the form to sign and date the form: “I have read RSA 15, RSA 15-B, and RSA 664 and hereby swear or affirm that the foregoing information is true and complete to the best of my knowledge and belief.” [This statement shall be made under oath before a notary public or justice of the peace.]
203:4 Purpose; RSA 15-A; Financial Disclosure. The general court finds that many public spirited citizens perform volunteer service for the state each year under circumstances where their service does not create any appreciable opportunity to influence the setting of public policy, the expenditure of state funds, or the selection of vendors for the state. Recognizing that the purpose of financial disclosure is to ensure the public has access to information about the financial interests of those who act on the public’s behalf when setting public policy, spending state funds, or choosing vendors to do work for the state, requiring volunteers who do not perform such actions to file statements of financial interests does not advance the purpose of the statute and may chill volunteerism. The general court intends to exempt from financial disclosure requirements those individuals who serve the state solely in a volunteer capacity and whose service does not afford any appreciable opportunity to influence public policy or spending, including but not limited to individuals who assist with search and rescue, teach hunter safety, work on recreational trails, stock fish, or assist with the annual Easter egg hunt.
203:5 Financial Disclosure; Persons Required to File. Amend RSA 15-A:3 to read as follows:
15-A:3 Persons Required to File.
I. The following persons shall file a statement of financial interests as required by this chapter:
[I.] (a) All candidates who file for state or county office.
[II.] (b) All persons filing an acceptance of nomination form for state or county office.
[III.] (c) Every person appointed by the governor, governor and council, president of the senate, or [the] speaker of the house of representatives to any board, commission, committee, board of directors, authority, or equivalent state entity whether regulatory, advisory, or administrative in nature.
[IV.] (d) All agency heads.
[V.] (e) Any public official designated, due to the responsibilities of the position, by the agency head.
[VI.] (f) The secretary of state and the treasurer, and any of their subordinates designated, due to the responsibilities of the position, by the secretary of state or treasurer.
[VII.] (g) All persons elected to state or county office, and all persons appointed to such elective office to fill a vacancy[; and].
[VIII.] (h) Any person, not employed by or working under contract for the state, who is acting on behalf of the governor or an agency while engaged in state business.
II. Any person who is otherwise subject to the filing requirements of subparagraph I(h) shall be exempt from filing a statement of financial interests provided the individual volunteering:
(a) Does not directly or indirectly influence the setting of public policy;
(b) Does not directly or indirectly influence decisions on how state funds will be expended; and
(c) Does not directly or indirectly influence the selection of vendors for the state.
203:6 Definition of “Gift”; Exclusions. Amend RSA 15-B:2, V(b)(5)-(6) to read as follows:
(5) Objects or services which primarily serve an informational purpose provided in the ordinary course of business, such as reports, books, maps, or charts.
(6) Money in any form, an object, or any tangible or intangible thing or service of economic value, where the donor’s act of giving is purely private and personal in nature and the money, object, or tangible or intangible thing or service of economic value would have been given and received even if the person were not an elected official, public official, public employee, constitutional official, or legislative employee.
203:7 New Section; Filing Officer. Amend RSA 21-G by inserting after section 28 the following new section:
21-G:28-a Filing Officer; Appointment; Duties and Responsibilities.
I. The secretary of state shall designate an individual to serve as the state filing officer, who shall be responsible for the administration of this subdivision.
II. The filing officer shall:
(a) Review the administrative requirements of this subdivision and the submission of forms pursuant to RSA 15-A and RSA 15-B.
(b) Respond to any inquiries from candidates for public office and executive branch officials on the administrative requirements of this subdivision and the submission of forms pursuant to RSA 15-A and RSA 15-B.
(c) As soon as practicable after the RSA 15-A filing deadline, forward a list of those individuals who have not filed a RSA 15-A form or whose forms are incomplete to the legislative ethics committee, or the executive branch ethics committee, or the attorney general, as may be appropriate.
(d) Not be authorized to render legal advice.
III. Each appointing authority under RSA 15-A:3 shall provide the secretary of state with the name and address and appointment date of any person appointed by him or her to any board, commission, committee, or board of directors after the effective date of this section.
IV. The secretary of state:
(a) Shall maintain a list, as reasonably as practicable, of public officials required to submit forms pursuant to RSA 15-A; and
(b) May enter into memoranda of understandings with other state agencies or branches of government to facilitate requirements of this subdivision.
V. Any state agency, commission, or committee authorized by statute to issue opinions interpreting a state ethics law shall submit a copy of any written decision or opinion to the state filing officer and to the secretary of state. Such written decisions or opinions may be redacted prior to submission in order to protect confidential or nonpublic information.
203:8 Examination of Disclosures. Amend RSA 15-A:8 to read as follows:
15-A:8 Examination of Disclosures. [It shall be the duty of] The attorney general [to] may examine the statements of financial interests which are made under this chapter to the secretary of state and [to] compel such disclosures to be made to comply with the law.
203:9 Renumbering Contingency. If SB 155 of the 2009 legislative session becomes law, RSA 15-A:3, II as inserted by section 5 of SB 155 shall be renumbered as RSA 15-A:3, III.
203:10 Effective Date. This act shall take effect 60 days after its passage.
Approved: July 15, 2009
Effective Date: September 13, 2009