HB 212 – AS INTRODUCED
HOUSE BILL 212
This bill addresses circumstances in which an executive branch official or public employee’s involvement with or participation in a state political campaign would constitute a conflict of interest.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Eleven
AN ACT relative to the definition of conflict of interest for executive branch officials and employees.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Findings and Purpose. The legislature finds and declares that:
I. The citizens of New Hampshire deserve the full attention and loyalty of state public officials and employees when engaged in their public employment duties; and
II. Whether or not an actual conflict of interest can be shown if a state public official or employee is paid by, or involved with, the election or re-election campaign or activities of a candidate for political office, if that office directly or indirectly supervises or would supervise the public official or employee, a conflict can be assumed, and such activities diminish the public’s faith in the commitment and loyalty of their public servants; and
III. It is therefore the intent of the legislature to enact broad language prohibiting any such actual or potential conflicts of interest.
2 Executive Branch Code of Ethics; Definition of Conflict of Interest. Amend RSA 21-G:21, II to read as follows:
II. “Conflict of interest” means a situation, circumstance, or financial interest which has the potential to cause a private interest to interfere with the proper exercise of a public duty. Without in any manner limiting the scope of the foregoing sentence, a “conflict of interest” shall be deemed to exist in any instance in which:
(a) An executive branch official, while holding such position, contributes to, participates in, advises, consults for, or is directly or indirectly compensated by:
(1) A candidate for state political office;
(2) The election or re-election campaign, committee, or organization of a candidate for state political office;
(3) A committee or organization that is intended to influence or intentionally influences the election of a candidate for state political office; or
(4) A committee or organization formed to explore the possibility of filing for state political office; and
(b) Such candidate or state political office directly or indirectly supervises that executive branch official, without regard to when any such activities by the executive branch official occur.
(c) No conflict of interest shall be deemed to exist by voting for a candidate in a primary or general election.
3 Executive Branch Code of Ethics; Conflict of Interest. Amend RSA 21-G:22 to read as follows:
21-G:22 Conflict of Interest. Executive branch officials shall avoid and shall not be involved in any conflicts of interest. Executive branch officials shall not participate in any matter in which they, or their spouse or dependents, have a private interest which may directly or indirectly affect or influence the performance of their duties.
4 Effective Date. This act shall take effect July 1, 2011.