2010 SESSION
10/05
HOUSE BILL 1621-FN
AN ACT prohibiting a lobbyist from serving on a public agency or public body where the lobbyist gains from the activity of the public agency or body.
SPONSORS: Rep. Rowe, Hills 6; Rep. Gorman, Hills 23; Rep. W. O'Brien, Hills 4; Rep. Nixon, Hills 17; Sen. Letourneau, Dist 19
COMMITTEE: Legislative Administration
This bill prohibits a lobbyist from serving as a member of a public agency or public body, as defined in RSA 91-A, where the lobbyist or the lobbyist’s client or employer gains from the activity of the public agency or body.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
10-2099
10/05
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Ten
AN ACT prohibiting a lobbyist from serving on a public agency or public body where the lobbyist gains from the activity of the public agency or body.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Paragraph; Lobbyists; Prohibited Activities; Service on Public Agency or Body. Amend RSA 15:5 by inserting after paragraph II the following new paragraph:
III. No person required to register as a lobbyist under this chapter who shall gain, or whose client or employer shall gain, from any activity, decision, action, or inaction, directly or indirectly, of a public agency or public body, as each are defined in RSA 91-A:1-a, shall serve as a voting, advisory, alternate, or nonvoting member of the public agency or public body. A lobbyist shall not be prohibited from testifying or offering information to any public servant.
2 Effective Date. This act shall take effect January 1, 2011.
LBAO
10-2099
Revised 12/15/09
HB 1621-FN - FISCAL NOTE
AN ACT prohibiting a lobbyist from serving on a public agency or public body where the lobbyist gains from the activity of the public agency or body.
FISCAL IMPACT:
The Judicial Branch, the Judicial Council, the Department of Justice, and the New Hampshire Association of Counties state this bill may increase state and county expenditures by an indeterminable amount in FY 2011 and each year thereafter. There will be no fiscal impact on state, county and local revenue or on local expenditures.
METHODOLOGY:
The Judicial Branch states this bill will add RSA 15:5, III to prohibit a lobbyist from serving as a member of a public agency or public body if the lobbyist or the lobbyist’s client or employer gains from the activity of the public agency or body. The Branch states, pursuant to RSA 15:8, violations of this act result in a charge of an unspecified misdemeanor, as it assumes all violators of the proposed legislation would be natural persons and would not be subject to a felony charge. Misdemeanor charges can be either a class A or class B with the presumption they will be class B in accordance with RSA 625:9, IV. However, the Branch has no information to estimate how many new misdemeanors would be brought as a result of this bill or if they would be a class A or class B misdemeanors. The Branch states the cost of a class A misdemeanor case is $51.14 and the cost of a class B misdemeanor case is $36.89 in FY 2011 and each year thereafter. The possibility of appeals increases the likelihood the fiscal impact on the Branch will exceed $10,000.
The Judicial Council states this bill represents an expansion of potential violations of RSA 15:5 subject to the penalties outlined in RSA 15:8. However, the Council states it cannot estimate the number of charges to be filed or the number of these misdemeanors to be classified as type A, where the possibility of incarceration exists and there is a right to counsel. The Council states, to the extent there is an increase in unspecified misdemeanors that result in type A misdemeanor offenses, this bill may result in an indeterminable increase in general fund expenditures. 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 for a misdemeanor charge. The Council also states additional costs could be incurred if an appeal is filed. The public defender, contract attorney and assigned counsel rate for Supreme Court appeals is $2,000 per case, with many assigned counsel attorneys seeking permission to exceed the fee cap. Requests 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 Department of Justice states this bill may increase the number of investigations and prosecutions under RSA 15, and estimates that state expenditures related to these activities may increase. However, the Department cannot estimate the number of cases that would be generated or the number of appeals to be filed, so it cannot project the specific increases in time and money spent as a result of the proposed bill.
The New Hampshire Association of Counties states to the extent an individual is prosecuted, convicted, and 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 $35,342 a year.
The
Department of State states that it is not aware of any impact this bill would
have on Department expenditures.