NHLA Bill Review: HB458 (2015) Detail

HB458 (2015) Detail

Revising the legislative ethics laws and the guidelines of the legislative ethics committee.

HB 458 - AS INTRODUCED

2015 SESSION

15-0287

10/03

HOUSE BILL 458

AN ACT revising the legislative ethics laws and the guidelines of the legislative ethics committee.

SPONSORS: Rep. Welch, Rock 13; Rep. Rogers, Merr 28; Rep. Wall, Straf 6; Sen. Fuller Clark, Dist 21

COMMITTEE: Legislative Administration

ANALYSIS

This bill revises the laws governing the legislative ethics committee established in RSA 14-B, establishes independent regulation of gifts, honorariums, and expense reimbursements to legislators and legislative staff, and revises the legislative ethics guidelines and procedural rules.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

15-0287

10/03

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Fifteen

AN ACT revising the legislative ethics laws and the guidelines of the legislative ethics committee.

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

1 Legislative Ethics Committee; Definitions. Amend RSA 14-B:1 to read as follows:

14-B:1 Definitions. In this chapter:

I. “Conflict of interest” means the condition in which a legislator has a special interest in any matter which could directly or indirectly affect or influence the performance of the legislator’s official activities.

II. “Household member” means any person living in the same domicile as the representative, senator, or officer of the house of representatives or senate who shares a common economic interest in the expenses of daily living, including, but not limited to, a spouse, child, or parents.

[I.] III. “Jurisdiction of the committee” means those actions which allege a violation of law, guideline, rule, or regulation and relate to the conduct of individuals in the performance of their duties as members, officers, or employees of the legislature.

[~~I-a.~~] IV.(a) “Sexual harassment” means an unwelcome sexual advance, a request for a sexual favor, or other verbal or physical conduct of a sexual nature, provided, that:

(1) Submission to such conduct is made either explicitly or implicitly a term of the individual’s employment;

(2) Submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual; or

(3) Such conduct is so pervasive or severe that it creates an intimidating, hostile, or offensive working environment.

(b) As used in subparagraph (a), verbal or physical conduct of a sexual nature may include:

(1) Verbal abuse of a sexual nature;

(2) Unwelcome offensive sexual flirtation;

(3) Unwelcome graphic verbal comments about an individual’s body;

(4) Sexually degrading words to describe an individual;

(5) Unwelcome brushing, touching, patting, or pinching an individual’s body;

(6) Sexually explicit gestures;

(7) The display in the state house complex of sexually suggestive, sexually demeaning, or pornographic objects, pictures, posters, or cartoons; or

(8) Unwelcome inquiry or comment about sexual conduct, sexual orientation, or preference.

V. “Special interest” means any financial or personal interest in the outcome of a matter that is the subject of official activity, distinct from and greater than the interests of the public at large. A financial interest exists where a legislator or household member could stand to gain or lose anything of value as a result of the official activity. A personal interest exists where a legislator or household member could otherwise be affected by the outcome of such activity, or when a legislator has a responsibility for the welfare of an organization and where that welfare could be affected by the outcome of such activity.

[~~II.~~] VI. “Sworn complaint” means a statement of facts within the personal knowledge of the complainant alleging a violation of law, guideline, rule, or regulation of the legislature and relating to the conduct of individuals in the performance of their duties as members, officers, or employees of the legislature.

[III. “Family member” means any person related to and living in the same domicile as the representative, senator, and officer of the house of representatives or senate who shares a common economic interest in the expenses of daily living, including, but not limited to, a spouse, child, or parents.]

2 Legislative Ethics Committee; Advisory Opinions; Reference Changed. 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~~] 14-C that the person complained against acted in reliance upon such advisory opinion.

3 Legislative Ethics Committee; Complaints; Reference Changed. Amend the introductory paragraph of RSA 14-B:4, I to read as follows:

I. Each complaint shall be submitted in writing and signed under oath by the complainant. The sworn complaint shall be filed confidentially with the committee and shall contain the name and address of the complainant. The legislator, officer, or employee of the legislature complained against shall be furnished with a copy of the complaint and a copy shall be sent to each member of the committee for review. The committee shall initiate a complaint on its own motion against any individual the committee determines has not complied with the provisions of RSA [~~15-A~~ ~~and RSA~~ ~~15-B~~] 14-B:8. The committee shall promptly examine each sworn complaint and:

4 Legislative Ethics Committee; Complaints; Records Available. Amend RSA 14-B:4, IV to read as follows:

IV. Upon completion of its [~~initial review~~] preliminary investigation of a complaint and determination to resolve the complaint through an informal resolution or to initiate a formal hearing, the committee shall make available for public inspection all records, other than its work product and internal memoranda, relating to any complaint it does not dismiss, and shall conduct any subsequent proceedings, other than its deliberations, in public session.

5 Repeal. RSA 14-B:4, IV-a, relative to sexual harassment complaints, is repealed.

6 Legislative Ethics Committee; Informal Resolution. Amend RSA 14-B:4, VII(b) as follows:

(b) [~~The violation is inadvertent, technical or of a de minimis nature and shall be addressed by informal methods~~] The matter does not merit the presentation of formal charges and hearing and shall be resolved with the consent of the respondent by an informal method. Such informal resolution may take the form of written advice or admonishment, the requirement of remedial action, or the imposition of conditions, or any combination thereof; or

7 Legislative Ethics Committee; Rules. Amend RSA 14-B:5 to read as follows:

14-B:5 Rules; Procedures and [~~Standards~~] Guidelines. The committee shall adopt, publish, and make available to the public rules governing its procedures[~~, including rules specifically related to sexual harassment complaints,~~] as well as guidelines referred to in RSA 14-B:3, II consistent with the procedures set forth in RSA 541-A.

8 Legislative Ethics Committee; Financial Disclosure Form. Amend RSA 14-B:8 to read as follows:

14-B:8 Financial Disclosure Form. Every representative, senator, and officer of the house of representatives and the senate, shall file with the legislative ethics committee a financial disclosure form annually no later than the third Friday of January. If the legislator’s or legislative officer’s financial circumstances change, he or she shall file a new financial disclosure form prior to participation in any official activity which would have been affected by the change. The financial disclosure form shall include the following information:

I. The name, address, office, county or district, and telephone number of the reporting individual.

II. The name, address, and type of any business, profession, or other organization (including any unit of government) in which the reporting individual or reporting individual’s [~~family~~] household member was an employee, officer, director, associate, partner, or proprietor, or served in any other professional or advisory capacity, and from which any income in excess of $10,000 was derived during the preceding calendar year. Sources of retirement benefits other than federal retirement and/or disability benefits shall be included. If the individual filing the financial interest statement or that individual’s [~~family~~] household member has no qualifying income he or she shall report this by writing his or her initials following the statement: “My or my [~~family~~] household member’s income does not qualify ___.”

III. A statement of whether the reporting individual or reporting individual’s [~~family~~] household member has a financial interest in any of the businesses, professions, occupations, groups, or matters listed in this paragraph and a place on the form where the nature of the financial interest shall be described for each matter, as applicable.

(a) Any profession, occupation, or business licensed or certified by the state of New Hampshire, listing each such profession, occupation, or category of business.

(b) Health care.

(d) Real estate, including brokers, agents, developers, and landlords.

(e) Banking or financial services.

(f) State of New Hampshire, county, or municipal employment.

(g) The New Hampshire retirement system.

(h) The current use land assessment program.

(i) Restaurants and lodging.

(j) The sale and distribution of alcoholic beverages.

(k) The practice of law.

(l) Any business regulated by the public utilities commission.

(m) [~~Horse or dog racing, or other~~] Legal forms of gambling or charitable gaming.

(n) Education.

(o) Water resources.

(p) Agriculture.

(q) New Hampshire taxes, specifying if business profits tax, business enterprise tax, or interest and dividends tax.

(r) A place where the reporting individual may, but is not required by this chapter to, specify any other area for which he or she or a [~~family~~] household member has a financial interest.

IV. The following statement regarding the disclosure of financial interest: “[~~An individual has a reportable financial interest~~]You have a financial interest in a business, profession, occupation, group, or matter listed in this section if a change in law, administrative rule, or other official action by the general court affecting the listed business, profession, occupation, group, or matter would potentially have a [~~greater~~] financial effect on [~~the individual reporting the financial interest~~] you or [~~that individual’s family~~] a household member [~~than it would on the general public]~~ that is distinct from and greater than the interests of the public at large.”

V. The following statement regarding the filing of a declaration of intent form: “If your participation in an official activity creates a conflict of interest not disclosed by the information on this form, you must complete and file a Declaration of Intent Form in accordance with section [5] 6 of the Ethics Guidelines. Also, if such activity could reasonably have greater benefit or detriment to you or a household member than other members of a group identified in this form, a Declaration of Intent Form is required. See section [5] 6 of the Ethics Guidelines for information regarding particular conflicts of interest you may have. [~~Even if you disclose a financial interest on this form, you may still have to file a separate Declaration of Intent Form on a particular bill~~.]”

VI. The following statement followed by a line for the person filing the form to sign and date the form: “I hereby swear or affirm that the foregoing information is true and complete to the best of my knowledge and belief.”

VII. The full text of RSA 14-B:10.

9 New Chapter; Gifts, Honorariums. Amend RSA by inserting after chapter 14-B the following new chapter:

CHAPTER 14-C

GIFTS, HONORARIUMS, AND EXPENSE REIMBURSEMENTS

REQUIREMENTS FOR LEGISLATORS AND LEGISLATIVE EMPOYEES

14-C:1 Purpose. The purpose of this chapter is to ensure that persons charged with carrying out the duties and activities of the legislative branch of state government do so in an atmosphere that supports the independent judgment of such persons and minimizes the opportunity for inappropriate influence by persons or organizations subject to or likely to become subject to or interested in any matter or action pending in the legislative branch. To that end, this chapter defines gifts that may not be given to, solicited by, or accepted by persons subject to the provisions of the chapter and establishes requirements for the reporting of honorariums, expense reimbursements, and certain other receipts. This chapter shall be liberally construed to effect this purpose.

14-C:2 Definitions. In this chapter:

I. “Ceremonial event” means an event held by a recognized civic organization to present awards.

II. “Charitable event” means an event sponsored by a charitable organization that is registered with the division of charitable trusts, department of justice, or which is a charitable organization pursuant to section 501(c)(3) of the Internal Revenue Code held for the purpose of raising charitable donations.

III. “Expense reimbursement” shall mean any price, charge, fee, expense, or other cost which is waived, forgiven, reduced, prepaid, or reimbursed in any form for the reasonable expenses of attendance, registration, travel, meals, or lodging related to a bona fide conference, meeting, seminar, or educational, cultural, or informational program, or an event to which the recipient is invited in his or her official capacity as a representative of the senate or the house of representatives of which the recipient is a member.

IV.(a) “Gift” means:

(1) Money in any amount, whether in the form of cash, check, or any other negotiable or non-negotiable instrumentality for the transfer of money.

(2) Any other tangible thing, intangible thing, service, or the use thereof having an individual value of greater than $50.

(3) Multiple tangible things, intangible things, services, or the use thereof having an individual value $50 or less with an aggregate value greater than $250 from any single source during any calendar year.

(b) Notwithstanding subparagraph (a), “gift” shall not include:

(1) A political contribution as defined in RSA 664.

(2) A commercially reasonable loan, made in the ordinary course of business.

(3) Repayment to a legislator or legislative employee of a bona fide loan made by such a person.

(4) A ceremonial plaque, award, or other commemorative object, which is personally inscribed to the recipient and which has a value of $150 or less.

(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 a legislator or legislative employee.

(7) Wages, salary, benefits, mileage, or payment for expenses received by the person in his or her regular course of employment or business which is unrelated to the legislative position held.

(8) Wages, salary, benefits, mileage, or payment for expenses paid to the person by the state, a county, or the United States of America related to performance of official duties.

(9) Tickets or free admission from any source to a political, charitable, or ceremonial event provided that acceptance of any tickets or free admission as permitted by this subparagraph shall be limited to $250 in the aggregate from any single source during any calendar year and:

(A) The proceeds of the event are subject to the political contributions and expenditure reporting law, RSA 664, or the Federal Election Campaign Act of 1971 as amended, provided that the recipient reports the source of the tickets or free admission pursuant to RSA 14-C:4; or

(B) The event is sponsored by a charitable organization that is registered with the division of charitable trusts, department of justice, or which is a charitable organization pursuant to section 501(c)(3) of the Internal Revenue Code, provided that the recipient reports the source of the tickets or free admission pursuant to RSA 14-C:4; or

(C) The event is primarily ceremonial or celebratory in nature and is public or, if by invitation only, is planned to have an attendance greater than 50 people, provided that the recipient reports the source of the tickets or free admission pursuant to RSA 14-C:4; or

(D) The event is published as an event open for attendance by any legislator or legislative employee in the calendar of the senate or the house of representatives.

(10) An expense reimbursement.

(11) An honorarium.

(12) Meals and beverages having a value of more than $50 consumed at a meeting or event, the purpose of which is to discuss official business, provided that acceptance of such meals and beverages as permitted by this subparagraph shall be reported pursuant to RSA 14-C:4 and limited to $250 in the aggregate from any single source during any calendar year.

(13) Monetary or non-monetary awards or recognition issued under the suggestion and extraordinary service award program under RSA 99-E.

V. “Honorarium” means a payment in any form to a legislator or legislative employee for an appearance, speech, written article or other document, service as a consultant or advisor, or participation in a discussion group or similar activities. Honorarium does not include a payment for such activities for which the person is being compensated by the state, a county, the United States of America, or any other employer or client, where the activity giving rise to the honorarium is not related to or associated with any legislative office or employment.

VI. “Household member” shall mean any person living in the same domicile as the legislator or legislative employee, who shares a common economic interest in the expenses of daily living, including, but not limited to, a spouse, child, or parent.

VII. “Legislative employee” means any person employed by the legislative branch.

VIII. “Legislator” means a member of the general court.

IX. “Official business” means the discussion or transaction of legislative business, namely, any official action or non-action with regard to any potential pending or existing bill, resolution, amendment, report, or study, any other matter pending or proposed in a committee or in either body of the general court, or an issue of public policy which is or may be the subject of legislative attention, or any other matter which is within the official jurisdiction or cognizance of the general court.

X. “Political event” means an event of any kind or nature including, but not limited to, receptions, breakfasts, luncheons, dinners, dances, testimonials, or picnics, held for the sole purpose of raising political contributions.

XI. “Value” means the amount at which property or services would change hands between a willing buyer and a willing seller when neither is under any compulsion to buy or sell and both have reasonable knowledge of the relevant facts.

14-C:3 Prohibition on Gifts; Duty to Report.

I. It shall be unlawful to knowingly give any gift as defined in this chapter, directly or indirectly, to any legislator or legislative employee.

II. It shall be unlawful to knowingly give any gift as defined in this chapter, directly or indirectly, to any household member, as defined in this chapter, of any legislator or legislative employee, with a purpose of influencing or affecting the official conduct of such legislator or employee.

III. It shall be unlawful for any legislator or legislative employee to solicit or to knowingly accept, directly or indirectly, any gift, as defined in this chapter, or to fail to meet the reporting requirements of this chapter.

IV. Under no circumstances shall the prohibitions in this section be nullified by filing an honorarium or expense reimbursement report pursuant to RSA 14-C:4 or a declaration of intent under the guidelines enforced by the legislative ethics committee.

14-C:4 Duty to Report and Reporting Deadlines.

I. A legislator or legislative employee who receives an honorarium, expense reimbursement, or tickets or free admission with a value of greater than $50 to a political, charitable, or ceremonial event under RSA 14-C:2, IV(b)(9)(A), (B), or (C) shall file a report with the secretary of state no later than the last day of the month following the month during which the honorarium or expense reimbursement or tickets or free admission was received.

II. A legislator or legislative employee who consumes meals or beverages with a value of greater than $50 at a meeting or event the purpose of which is to discuss official business pursuant to RSA 14-C:2, IV(b)(12) shall file a report with the secretary of state no later than 10 days following the meeting or event at which the meals or beverages were consumed, which report shall be established by the secretary of state, shall be public, and shall contain the same information and affirmations required under RSA 14-C:5.

14-C:5 Form Established by the Secretary of State. The secretary of state shall establish a form for reporting of receipt of an honorarium or expense reimbursement, or other such report required by this chapter, which may be in paper or electronic form.

I. The report shall include at a minimum the following information, which shall be public:

(a) The full name, work address, work phone number, and office, appointment, or employment held by the person subject to the reporting requirement.

(b) The full name, post office address, occupation, and principal place of business, if any, of the source of any reportable honorarium or expense reimbursement. When the source is a corporation or other entity, the name and work address of the person representing the corporation or entity in making the honorarium or expense reimbursement shall be provided in addition to the name of the corporation or entity.

(c) The value of the honorarium or expense reimbursement. When the exact value is unknown, the person filing the report shall provide an estimate of the value of the gift or honorarium and identify the value as an estimate.

(d) A brief description of the service or event that gave rise to the honorarium or expense reimbursement. Reports of expense reimbursement or honorariums shall include a copy of the agenda or an equivalent document which addresses the subjects addressed and the time schedule of all activities at the event. To the extent practicable, the recipient shall report the names of the sponsors of activities in cases where they are not indicated on the agenda or equivalent document.

(e) The date on which the honorarium or expense reimbursement was received.

(f) The following statement followed by a line for the person filing the form to sign and date the form: “I have read RSA 14-C and hereby swear or affirm that the foregoing information is true and complete to the best of my knowledge and belief.”

II. The secretary of state may also require information such as home phone numbers, home addresses, and other information helpful to the administration and enforcement of laws relating to honorariums or expense reimbursements. The information provided under this paragraph shall be nonpublic and shall not be subject to the provisions of RSA 91-A.

14-C:6 Forms; Place of Filing. The secretary of state shall furnish all forms required under this chapter. All persons filing a report under this chapter shall file with the secretary of state. The reports shall be held in the original form for 6 years from the date of filing, after which time they may be destroyed. The public information on the forms shall be available to the public in the form of a photocopy or an electronic record. The secretary of state shall, as soon as is practical, implement an electronic record keeping system that makes the public information in the reports required by this chapter available to the public through the Internet.

14-C:7 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).

14-C:8 Examination of Reports. It shall be the duty of the attorney general to examine the reports which are made under this chapter to the secretary of state and to compel such returns be made to comply with the law.

14-C:9 Limitations. This chapter shall not be construed to:

I. Prevent receptions, breakfasts, luncheons, dinners, dances, or picnics or like events from being held for the sole purpose of raising political contributions, provided such contributions comply with and are reported as required by RSA 664 or the Federal Election Campaign Act of 1971, as amended.

II. Prohibit gifts or expense reimbursements made to the state of New Hampshire and accepted in accordance with the law.

14-C:10 Severability. If any provision of this chapter or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are declared to be severable.

10 Lobbyist Statements; References Added. Amend RSA 15:6 to read as follows:

15:6 Statements.

I. Each lobbyist shall file with the secretary of state itemized statements under oath of:

(a) All fees received from any lobbying client that are related, directly or indirectly, to lobbying, such as public advocacy, government relations, or public relations services including research, monitoring legislation, and related legal work.

(b) All expenditures made from lobbying fees, including by whom paid or to whom charged.

(c) Any honorarium or expense reimbursement, as defined in RSA 15-B or RSA 14-C, or political contribution, as defined in RSA 664, made by the lobbyist in his or her professional or personal capacity, on behalf of the lobbyist, the partnership, firm, or corporation or by the lobbyist on behalf of the client or employer or by a family member of the lobbyist. The statements shall be open to public inspection. For the purposes of this chapter, “family member” shall mean any person related to and living in the same domicile as the lobbyist, who shares a common economic interest in the expenses of daily living, including, but not limited to, a spouse, child, or parents.

II. Lobbyists shall file statements no later than the last Wednesday of each January, April, July, and October covering all fees received and expenditures, contributions, honorariums, or expense reimbursements made 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.

III. In this chapter “value” means the amount at which property or services would change hands between a willing buyer and a willing seller when neither is under any compulsion to buy or sell and both have reasonable knowledge of the relevant facts.

IV. A lobbyist, in his or her professional or personal capacity, or a family member of a lobbyist making a contribution, honorarium, or expense reimbursement, in a form other than cash, check or negotiable instrument, to a person with a duty to report that contribution, honorarium, or expense reimbursement pursuant to RSA 15-B, RSA 14-C, or RSA 664 shall provide the recipient with a written statement of the value of the contribution, honorarium, or expense reimbursement if the value is different than any price or value printed on the contribution, honorarium, or expense reimbursement or if the contribution, honorarium, or expense reimbursement does not have a price affixed to it.

V. The lobbyist statement shall be in the form prescribed by the secretary of state, may be in paper or electronic form, and shall include at a minimum:

(a) The full name of each lobbyist covered by the report.

(b) The name of the lobbyist partnership, firm, or corporation, if any.

(d) For each lobbying client, the full name and business address of the client, the scope of the representation or lobbyist services being paid for, the gross amount of all fees received from that client, not reduced by any expenses, that are related, directly or indirectly, to lobbying, such as public advocacy, government relations, or public relations services including research, monitoring legislation, and related legal work, a statement of the aggregate total of fees received that are related, directly or indirectly, to lobbying services during the calendar year, and a statement of any fee payment due, but not yet paid.

(e) For each honorarium or expense reimbursement made, that is reportable pursuant to RSA 15-B or RSA 14-C:

(1) The name of the client on whose behalf the expense reimbursement or honorarium was made, if any.

(2) The name of the person receiving the honorarium or expense reimbursement.

(3) A brief description of the event to which the honorarium or expense reimbursement relates.

(4) The value of the honorarium or expense reimbursement.

(f) For each political contribution made that is reportable pursuant to RSA 664:

(1) The name of the candidate.

(2) The office the candidate is seeking.

(3) The value of the contribution.

(4) If the contribution is an in-kind contribution, a brief description of the contribution.

(g) For all expenditures for salaries, benefits, support staff, and office expenses, related directly or indirectly to lobbying, a statement of the total aggregate expenses for salaries, support staff, and office expenses related directly or indirectly to lobbying shall satisfy the requirement that an itemized statement of these expenses be filed.

(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, RSA 14-C, and RSA 664 and hereby swear or affirm that the foregoing information is true and complete to the best of my knowledge and belief.”

VI. The secretary of state shall maintain the statements required by this section for 6 years from the date of filing, after which time the statements may be destroyed. The public information on the forms shall be available to the public in the form of a photocopy or an electronic record. The secretary of state shall, as soon as is practical, implement an electronic record keeping system that makes lobbyist registration forms and fee and expense reports available to the public through the internet.

11 Gifts, Honorariums, and Expense Reimbursements; Executive Branch; Definitions. Amend RSA 15-B:2 to read as follows:

15-B:2 Definitions. For the purposes of this chapter:

I. “Agency” means the executive branch and any department, division, board, commission, or equivalent entity of the executive branch.

II. “Constitutional official” means the secretary of state, the state treasurer, their deputies, assistants, and all employees of their departments.

III. “Elected official” means the governor, members of the executive council, [~~members of the general court,~~] county commissioners, county sheriffs, county treasurers, county attorneys, registers of deeds, and registers of probate.

IV. “Expense reimbursement” shall mean any price, charge, fee, expense, or other cost which is waived, forgiven, reduced, prepaid, or reimbursed in any form for the reasonable expenses of attendance, registration, travel, meals, or lodging related to a bona fide conference, meeting, seminar, or educational or informational program, when the source of such reimbursement is other than the state, a county, or the United States of America.

V.(a) “Gift” means:

(1) Money in any amount, whether in the form of cash, check or any other negotiable or non-negotiable instrumentality for the transfer of money.

(2) Any other tangible thing, intangible thing, service, or the use thereof having more than insignificant economic value. Any such item with a value of less than $25 is presumed to be of insignificant economic value.

(b) Notwithstanding subparagraph (a), “gift” shall not include:

(1) A political contribution as defined in RSA 664.

(2) A commercially reasonable loan, made in the ordinary course of business.

(3) Repayment to an elected official, public official, public employee, or constitutional official[~~, or legislative employee~~] of a bona fide loan made by such a person.

(4) A ceremonial plaque, award, or other commemorative object, which is personally inscribed to the recipient and which has inconsequential economic value. A ceremonial object or award with a value of $150 or less is presumed to be of inconsequential economic value.

(5) Objects or services which primarily serve an informational purpose provided in the ordinary course of business, such as reports, books, maps, or charts.

(7) Wages, salary, benefits, mileage, or payment for expenses received by the person in his or her regular course of employment or business which is unrelated to the government position held.

(8) Wages, salary, benefits, mileage, or payment for expenses paid to the person by the state, a county, or the United States of America related to performance of official duties.

(9) Tickets or free admission to a charitable, ceremonial, or political event provided that:

(A) The proceeds of the event are subject to the political contributions and expenditure reporting law, RSA 664; or

[~~(C) The event is published as an event open for attendance by any member of the general court in the calendar of the senate or the house.~~]

(10) Meals, beverages, lodging, or transportation associated with attendance at:

(A) Any event for which the primary significance is ceremonial or celebratory, provided the event is public or, if by invitation only, is planned to have an attendance greater than 50 people; or

(B) Any event where the person is attending in an official capacity representing the state [~~and/or the senate, house,~~] or the agency of which the person is a member.

(11) Expense reimbursement or an honorarium.

(12) Meals and beverages consumed at a meeting or event, the purpose of which is to discuss official business.

(13) Monetary or non-monetary awards or recognition issued under the suggestion and extraordinary service award program under RSA 99-E.

VI. “Honorarium” means a payment in any form to an elected official, public official, public employee, or constitutional official[~~, or legislative employee~~]for an appearance, speech, written article or other document, service as a consultant or advisor, or participation in a discussion group or similar activities. Honorarium does not include a payment for such activities for which the person is being compensated by the state, a county, the United States of America, or [by] any other employer or client, where the activity giving rise to the honorarium is not related to or associated with any public office or government employment.

VII. “Family member” shall mean any person related to and living in the same domicile as the elected official, public official, public employee, or constitutional official[~~, or legislative employee~~] who shares a common economic interest in the expenses of daily living, including, but not limited to, a spouse, child, or [~~parents~~] parent.

[~~VIII. “Legislative employee” means any person employed by the legislative branch.~~

VIII-a. “Official business” means, for elected members of the general court and legislative employees, the discussion or transaction of legislative business, namely, any official action or non-action with regard to any potential pending or existing bill, resolution, amendment, report, or study, any other matter pending or proposed in a committee or in either house of the general court, or an issue of public policy which is or may be the subject of legislative attention, or any other matter which is within the official jurisdiction or cognizance of the general court.]

[~~IX.~~] VIII. “Public employee” means any person, including but not limited to a classified or non-classified employee or volunteer, who conducts state business on behalf of the governor, any executive branch official, or agency[~~, or the general court~~].

[X.] IX. “Public official” means a commissioned, unclassified, or nonclassified executive branch employee, but shall not include any commissioned, unclassified, or nonclassified employee elected by the legislature.

[~~XI.~~] X. “Value” means the amount at which property or services would change hands between a willing buyer and a willing seller when neither is under any compulsion to buy or sell and both have reasonable knowledge of the relevant facts.

12 Gifts, Honorariums, and Expense Reimbursements; Executive Branch; Prohibition. Amend RSA 15-B:3 to read as follows:

15-B:3 Prohibition on Gifts.

I. It shall be unlawful to knowingly give any gift as defined in this chapter, directly or indirectly, to any elected official, public official, public employee, or constitutional official[~~, or legislative employee~~].

II. It shall be unlawful to knowingly give any gift as defined in this chapter, directly or indirectly, to any family member, as defined in this chapter, of any elected official, public official, public employee, or constitutional official[~~, or legislative employee~~] with a purpose of influencing or affecting the official conduct of such official or employee.

III. No elected official, public official, public employee, or constitutional official[~~, or legislative employee~~] shall knowingly accept, directly or indirectly, any gift, as defined in this chapter.

13 Gifts, Honorariums, and Expense Reimbursements; Executive Branch; Expense Reimbursement. Amend RSA 15-B:5 to read as follows:

15-B:5 Expense Reimbursement. An elected official, public official, public employee, or constitutional official[~~, or legislative employee~~] may accept expense reimbursement for the reasonable expenses for attendance, registration, travel, meals, and lodging for a bona fide conference, meeting, seminar, or educational or informational program which the person attends and that is related to the office, position, or employment held with the state or county, provided that the person attaches to the disclosure report a copy of the agenda or an equivalent document which discloses the subjects addressed and the time schedule of all activities at the event. This provision shall not be construed to require reporting of an expense reimbursement made by an organization to which the state or county pays dues, when the prepayment, underwriting or reimbursement is provided because of the dues paid.

14 Gifts, Honorariums, and Expense Reimbursements; Executive Branch; Duty to Report. Amend RSA 15-B:6 to read as follows:

15-B:6 Duty to Report.

[I.] An elected official, public official, or public employee[~~, or legislative employee~~] who receives an, honorarium or expense reimbursement shall file a report with the secretary of state no later than the last day of the month following the month during which the[,] honorarium or expense reimbursement was received.

[II. An elected member of the general court or legislative employee who consumes meals or beverages with a value of greater than $25 at a meeting or event pertaining to official business pursuant to RSA 15-B:2, V(b)(12) shall file a report with the secretary of state no later than 10 days following the meeting or event at which the meals or beverages were consumed, which report shall be established by the secretary of state, shall be public, and shall contain the same information and affirmations required under RSA 15-B:7.]

15 Reference Corrected. Amend the introductory paragraph of RSA 15:1, V(h) to read as follows:

(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] IX 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:

16 References Corrected. Amend RSA 21-G:21, II-a to read as follows:

II-a. “Executive branch official” means every elected official as defined by RSA 15-B:2, III, who holds an executive branch office, every public official as defined by RSA 15-B:2, [X] IX, every constitutional official as defined by RSA 15-B:2, II, and every public employee as defined by RSA 15-B:2, [IX] VIII.

17 Reference Corrected. Amend RSA 21-G:25, I to read as follows:

I. No person shall serve as a public employee, as defined by RSA 15-B:2, [IX] VIII, or serve as an appointee or volunteer for any multi-branch commission, committee, board, or similar governmental entity, and simultaneously be a person who has a duty to register as a lobbyist pursuant to RSA 15, or is employed by, or maintains an ownership interest in, any entity which employs a registered lobbyist.

18 Revised Ethics Guidelines. Notwithstanding RSA 14-B:3, II and RSA 14-B:5, upon the effective date of this act, the guidelines of the legislative ethics committee shall be revised to read as follows:

1 PRINCIPLES OF PUBLIC SERVICE.

I. Public Office As A Public Trust. Legislators shall treat their office as a public trust, only using the powers and resources of public office to advance public interests, and not to attain personal benefits or pursue any other private interest incompatible with the public good.

II. Principle Of Independent Objective Judgment. Legislators shall employ independent objective judgment in performing their duties, deciding all matters on the merits free from conflicts of interest and both real and apparent improper influences.

III. Principle Of Accountability. Legislators shall ensure that government is conducted openly, equitably and honorably in a manner that permits the citizenry to make informed judgments, have confidence in the integrity of the legislature, and hold government officials accountable.

IV. Principle of Conduct. Legislators shall treat each other, legislative employees, and the public with dignity and respect.

2 DEFINITIONS.

I. “Anything of Value” includes but is not limited to the following:

(a) A pecuniary item, including money, or a bank bill or note;

(b) A promissory note, bill of exchange, order, draft, warrant, check, or bond given for the payment of money;

(c) A contract, agreement, promise, or other obligation for an advance, conveyance, forgiveness of indebtedness, deposit, distribution, loan, payment, gift, pledge, or transfer of money;

(d) A stock, bond, note, or other investment interest in an entity;

(e) A receipt given for the payment of money or other property;

(f) A cause of action;

(g) A gift, tangible good, chattel, or an interest in a gift, tangible good, or chattel;

(h) A loan or forgiveness of indebtedness;

(i) A work of art, antique, or collectible;

(j) An automobile or other means of personal transportation;

(k) Real property or an interest in real property, including title to realty, a fee simple or partial interest, present or future, contingent or vested within realty, a leasehold interest, or other beneficial interest in realty;

(l) A promise of employment or continued employment;

(m) A rebate or discount in the price of anything of value unless the rebate or discount is made in the ordinary course of business to a member of the public without regard to that person’s status as a public official or public employee, or the sale or trade of something for reasonable compensation that would ordinarily not be available to a member of the public.

II. “Conflict of Interest” is the condition in which a legislator has a special interest in any matter which could directly or indirectly affect or influence the performance of the legislator’s official activities.

III. “Expense Reimbursement” shall mean any price, charge, fee, expense, or other cost which is waived, forgiven, reduced, prepaid, or reimbursed in any form for the reasonable expenses of attendance, registration, travel, meals, or lodging related to a bona fide conference, meeting, seminar, or educational, cultural, or informational program.

IV. “Gift” shall mean:

(a) Money in any amount, whether in the form of cash, check, or any other negotiable or non-negotiable instrumentality for the transfer of money.

(b) Any other tangible thing, intangible thing, service, or the use thereof having an individual value of greater than $50.

(c) Multiple tangible things, intangible things, services, or the use thereof having an individual value $50 or less with an aggregate value greater than $250 from any single source during any calendar year.

V. “Honorarium” means a payment in any form to a legislator, legislative officer, or legislative employee for an appearance, speech, written article or other document, service as a consultant or advisor, or participation in a discussion group or similar activities. Honorarium does not include a payment for such activities for which the person is being compensated by the state, a county, the United States of America, or any other employer or client, where the activity giving rise to the honorarium is not related to or associated with any public office or government employment.

VI. “Household Member” shall mean any person living in the same domicile as a legislator, legislative officer, or legislative employee who shares a common economic interest in the expenses of daily living, including, but not limited to, a spouse, child, or parent.

VII. “Immediate Family” includes a spouse, guardian, parent, sibling, child, or dependent.

VIII. “Legislation” is a bill, resolution, or constitutional amendment.

IX. “Legislative Employee” includes all house, senate, and joint staff whether employed on a part-time, full-time, permanent, or temporary basis.

X. “Legislative Officer” includes those employees of the House and Senate who are elected by members of the General Court.

XI. “Official Activities” are activities which relate to official responsibilities including the introduction of legislation, testifying before any legislative committee or state agency, voting in committee or in house or senate session or otherwise participating in, influencing, or attempting to influence any decision of the legislature, county delegation or any state agency.

XII. “Official Business” means, for legislators, legislative officers, and legislative employees, the discussion or transaction of legislative business, namely, any official action or non-action with regard to any potential pending or existing bill, resolution, amendment, report, or study, any other matter pending or proposed in a committee or in either house of the general court, or an issue of public policy which is or may be the subject of legislative attention, or any other matter which is within the official jurisdiction or cognizance of the general court.

XIII. “Special Interest” means any financial or personal interest in the outcome of a matter that is the subject of official activity, distinct from and greater than the interests of the public at large. A financial interest exists where a legislator or household member could stand to gain or lose anything of value as a result of the official activity. A personal interest exists where a legislator or household member could otherwise be affected by the outcome of such activity, or when a legislator has a responsibility for the welfare of an organization and where that welfare could be affected by the outcome of such activity.

3 PROHIBITED ACTIVITIES.

I. The activities listed in this section are prohibited. Filing a declaration in compliance with section 6 of these Guidelines does not excuse or absolve legislators from compliance with the provisions of this section or the provisions of RSA 14-C:3 prohibiting certain activities.

II. Legislators shall not solicit, accept, or agree to accept anything of value from another for themselves or other persons, if the legislator receives such thing of value:

(a) Knowing or believing the other’s purpose to be the influencing of an action, decision, opinion, recommendation, or other official activity.

(b) Knowing or believing that the giver is or is likely to become subject to or interested in any matter or action pending before or contemplated by the legislator or the General Court.

(d) In return for introducing legislation, testifying before any legislative committee or state agency, voting in committee or in House or Senate session, or otherwise participating in, influencing, or attempting to influence any decision of the legislature, county delegation, or any state agency.

(e) In return for an endorsement, nomination, appointment, approval or disapproval of any person for a position as, or advancement of, a public servant.

(f) In return for having given a decision, opinion, recommendation, nomination, vote, or other official activity.

(g) In violation of RSA 14-C.

III. Legislators shall not:

(a) Reveal information which the legislator has obtained confidentially in the course of his or her official activities.

(b) Reveal information about state agency operations or decisions which the legislator would not reveal to any member of the general public requesting such information.

(c) Threaten reprisals or promise inducements of any kind to influence another so as to obtain special personal benefits for the legislator, the legislator’s immediate family or household member, or for certain constituents which would not be available to others under similar conditions.

(d) Conduct private negotiations with any governmental agency in an attempt to obtain a decision on a pending matter which would result in special personal benefit to the legislator, to the legislator’s immediate family or household member, or to certain constituents which would not be available to others under similar conditions.

(e) Use their public position or office to obtain anything of value for the private benefit of the legislator, a member of the legislator’s immediate family or household member.

(f) Use state-provided services or facilities for private gain.

(g) Engage in conduct that constitutes sexual harassment as defined in RSA 14-B:1.

(h) Violate any policy or rule adopted by the House or Senate relating to the conduct of individuals in the performance of their duties as members of the legislature.

4 PERMITTED ACTIVITIES; PERMITTED GIFTS.

I. Nothing in Section 3, Prohibited Activities, shall be construed to prohibit the following:

(a) Giving or receiving campaign contributions made for the purpose of defraying the costs of a political campaign in compliance with RSA 664 or the Federal Election Campaign Act of 1971, as amended.

(b) Assistance to constituents in their dealings with state agencies.

(c) Advocacy of a particular outcome on matters pending before a state agency when the legislator believes such a decision would benefit the general public or the legislator’s constituents generally.

(d) Submission by a legislator of recommendations or references on behalf of a candidate for state employment when the legislator believes the candidate is qualified and suitable for such employment.

(e) Acceptance of expense reimbursement for the reasonable expenses for attendance, registration, travel, meals, and lodging related to a bona fide conference, meeting, seminar, or educational, cultural, or informational program related to the legislator’s office so long as disclosure of any such reimbursement is made no later than the last day of the month following the month during which the expense reimbursement was received. This disclosure shall be filed in the Office of the Secretary of State and shall be in the form prescribed in RSA 14-C.

(f) Acceptance of an honorarium so long as disclosure is made no later than the last day of the month following the month during which the honorarium was received. This disclosure shall be filed in the Office of the Secretary of State and shall be in the form prescribed in RSA 14-C.

(g) Acceptance of meals or beverages with a value of greater than $50 consumed at a meeting or event the purpose of which is to discuss official business so long as disclosure is made no later than ten (10) days following the meeting or event at which the meals or beverages were consumed. Meals or beverages accepted under this subparagraph shall be limited to $250 in the aggregate from any single source during any calendar year. Disclosure shall be filed in a report in the Office of the Secretary of State and shall be in the form prescribed in RSA 14-C.

(h) Acceptance of anything permitted to be accepted pursuant to RSA 14-C.

II. The following shall not be considered gifts for the purposes of these Guidelines:

(a) A political contribution as defined in RSA 664.

(b) A commercially reasonable loan, made in the ordinary course of business.

(c) Repayment to an elected official, public official, public employee, constitutional official, or legislative employee of a bona fide loan made by such a person.

(d) A ceremonial plaque, award, or other commemorative object, which is personally inscribed to the recipient and which has a value of $150 or less.

(e) Objects which primarily serve an informational purpose provided in the ordinary course of business, such as reports, books, maps, or charts.

(f) Money in any form, an object, or any tangible or intangible thing of economic value, where the donor’s act of giving is purely private and personal in nature and the money, object, or thing 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.

(g) Wages, salary, benefits, mileage, or payment for expenses received by the person in his or her regular course of employment or business which is unrelated to the government position held.

(h) Wages, salary, benefits, mileage, or payment for expenses paid to the person by the state, a political subdivision of the state, or the United States of America related to performance of official duties.

(i) Tickets or free admission from any source to a political, charitable, or ceremonial event provided that acceptance of any tickets or free admission as permitted by this subparagraph shall be limited to $250 in the aggregate from any single source during any calendar year and:

(1) The proceeds of the event are subject to the political contributions and expenditure reporting law, RSA 664, or the Federal Election Campaign Act of 1971 as amended, provided that the recipient reports the source of the tickets or free admission pursuant to RSA 14-C:4; or

(2) The event is sponsored by a charitable organization that is registered with the division of charitable trusts, department of justice, or which is a charitable organization pursuant to section 501(c)(3) of the federal tax code, provided that the recipient reports the source of the tickets or free admission pursuant to RSA 14-C:4; or

(3) The event is primarily ceremonial or celebratory in nature and is public or, if by invitation only, is planned to have an attendance greater than 50 people, provided that the recipient reports the source of the tickets or free admission pursuant to RSA 14-C:4; or

(4) The event is published as an event open for attendance by any member or employee of the general court in the calendar of the senate or the house.

(j) An expense reimbursement.

(k) An honorarium.

(l) Meals and beverages having a value of more than $50 consumed at a meeting or event, the purpose of which is to discuss official business, provided that acceptance of such meals and beverages as permitted by this subparagraph shall be reported pursuant to RSA 14-C:4 and limited to $250 in the aggregate from any single source during any calendar year.

(m) Monetary or non-monetary awards or recognition issued under the suggestion and extraordinary service award program under RSA 99-E.

5 LEGISLATOR’S FINANCIAL DISCLOSURE FORM.

Every representative, senator, and officer of the House and Senate, shall file with the Legislative Ethics Committee a financial interest disclosure form pursuant to RSA 14-B:8 annually no later than the third Friday in January. If the legislator’s or officer’s financial circumstances change, he or she shall file a new financial interest disclosure form prior to participation in any official activity which would have been affected by the change.

The form shall be in substantially the following form:

FINANCIAL DISCLOSURE FORM

FOR STATE SENATORS, STATE REPRESENTATIVES AND OFFICERS OF THE GENERAL COURT

As prescribed by RSA 14-B:8

Name of Legislator/Officer _________________________________________________

(circle one) (print name)

Address ________________________________________________________________________

(street) (town/city) (zip code)

Office held ____________ County/District _____________ Telephone Number _______

I. Sources of Income. Identify below the name, address, and type of any business, profession, or other organization (including any unit of government) in which you or a household member served as an employee, officer, director, associate, partner, or proprietor, or in any other professional or advisory capacity, from which you or a household member derived any income (including retirement benefits other than federal retirement and/or disability benefits) in excess of $10,000 during the preceding calendar year.

For purposes of this form a “household member” means any person living in the same domicile as you and who shares a common economic interest in the expenses of daily living, including, but not limited to, a spouse, child, or parent.

1) a) Name of business, profession, or other organization _______________________________________

b) Address of organization______________________________________________________________

c) Type of organization __________________________________________________________________

2) a) Name of business, profession, or other organization _______________________________________

b) Address of organization________________________________________________________________

c) Type of organization __________________________________________________________________

3) a) Name of business, profession, or other organization _______________________________________

b) Address of organization________________________________________________________________

c) Type of organization __________________________________________________________________

4) a) Name of business, profession, or other organization _______________________________________

b) Address of organization________________________________________________________________

c) Type of organization __________________________________________________________________

(attach additional sheets if necessary)

If you or a household member had no qualifying income, indicate by inserting your initials after the following statement.

My or my household member’s income does not qualify _________.

II. Disclosure of Financial Interests

Identify and describe below any financial interest you or a household member may have. You have a “financial interest” in a business, profession, occupation, group, or matter listed in this section if a change in law, administrative rule, or other official action by the General Court affecting the listed business, profession, occupation, group, or matter would potentially have a financial effect on you or a household member that is distinct from and greater than the interests of the public at large.

Please note: If your participation in an official activity creates a conflict of interest not disclosed by the information on this form, you must complete and file a Declaration of Intent Form in accordance with section 6 of the Ethics Guidelines. Also, if such activity could reasonably have a greater benefit or detriment to you or a household member than other members of a group identified in this form, a Declaration of Intent Form is required. See section 6 of the Ethics Guidelines for information regarding particular conflicts of interest you may have.

Do you or a household member have a financial interest, as defined above, in any of the following businesses, professions, occupations, groups, or matters? Check any of the following which apply and describe the nature of your or your household member’s financial interest:

? (a) Any profession, occupation, or business licensed or certified by the State of New Hampshire.

List each such profession, occupation, or category of business.

____________________________________________________________________________________

? (b) Health Care