Revision: March 8, 2016, midnight
\t \t\tHB 1163 - AS INTRODUCED
2016 SESSION
\t16-2387
\t10/04
HOUSE BILL\t1163
AN ACT\trelative to lobbying, campaign contributions, and political advertising.
SPONSORS:\tRep. T. Smith, Hills. 17; Rep. Irwin, Sull. 9; Rep. Bixby, Straf. 17; Rep. G. Johnsen, Ches. 7; Rep. Theberge, Coos 3; Rep. C. Chase, Ches. 8; Rep. Patten, Merr. 17; Rep. Frazer, Merr. 13; Rep. Bartlett, Merr. 19; Rep. Cohen, Hills. 30
COMMITTEE:\tLegislative Administration
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ANALYSIS
\tThis bill establishes prohibitions on advocacy by and future employment of members of the general court, procedures for identification of sources of model legislation, identification of lobbyists in communications, requirements on expenditures for political advertising and what constitutes a political committee, and notice on a ballot of candidates voluntarily limiting campaign contributions.
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Explanation:\tMatter added to current law appears in bold italics.
\t\tMatter removed from current law appears [in brackets and struckthrough.]
\t\tMatter which is either (a) all new or (b) repealed and reenacted appears in regular type.
\t16-2387
\t10/04
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Sixteen
AN ACT\trelative to lobbying, campaign contributions, and political advertising.
Be it Enacted by the Senate and House of Representatives in General Court convened:
\t1 New Section; Legislative Proceedings; Identification of Source of Model Act. Amend RSA 14 by inserting after section 39-a the following new section:
\t14:39-b Identification of Source of Model Act:
\t\tI. When a partnership, firm, nonprofit entity, or corporation drafts or distributes model legislation to elected officials from more than one state, and that model act is used by a member of the house of representatives or the senate to propose equivalent or substantially similar legislation for introduction in the general court, the office of legislative services shall indicate the responsible partnership, firm, nonprofit entity, or corporation in the bill analysis, provided such information is supplied by the bill's prime sponsor. Members of the general court are directed to provide sufficient information to the office of legislative services for the identification required by this section.
\t\tII. Following introduction of any bill not so identified under paragraph I, a third party may request that disclosure of the source of a model act be added to the bill analysis as necessary for subsequent passage of the bill by submitting a written request with documentation of the model act to the chairperson of the committee assigned the bill. Such a request shall be filed either before, or on the day of, the last public hearing held on the bill. The chairperson shall issue a ruling within 10 business days of the written request, and shall not file a committee report if such a ruling is pending. Decisions of the committee chairperson may be appealed to the rules committee of the house or senate.
\t\tIII. For this section, "model legislation" means a legislative proposal or a uniform or suggested act written, promoted, or distributed by a partnership, firm, lobbyist, non-profit entity, or corporation to an elected official, or to other public officials, of at least one more state other than this state.
\t2 New Sections; Members of the General Court; Prohibitions Added. Amend RSA 14-A by inserting after section 6 the following new sections:
\t14-A:7 Prohibition on Advocacy. A member of the general court shall not take any action in any legislative committee, subcommittee, or other division of the house or senate, including hearings or work sessions on legislation or constituent service of any kind, of particular benefit to a lobbyist client, or the parent or subsidiary of a lobbyist client if such lobbyist, lobbyist client, parent or subsidiary of a lobbyist client, or any individual who engages in or directly supervises one or more individuals who engage in lobbying activities on behalf of such lobbyist, lobbyist client, or parent or subsidiary of a lobbyist client have, in the aggregate, directly or indirectly contributed or pledged or promised to contribute $500 or more in the aggregate to the member, member's campaign committee, or a political committee which the member has registered, in the previous year.
\t14-A:8 Prohibition on Employment Offers from Lobbyists. A member of the general court shall not negotiate an employment offer with a lobbyist, a lobbyist client, or the parent or subsidiary of a lobbyist client while he or she is serving in office even if such employment would not begin until after the member's term of office has ended.
\t3 New Subparagraph; Lobbyists; Registration. Amend RSA 15:1, II by inserting after subparagraph (b) the following new subparagraph:
\t\t\t(c) To assist in the preparation of specific language for inclusion in legislation pending or proposed before the general court, and including providing pre-written legislation.
\t4 New Paragraph; Lobbyists; Registration. Amend RSA 15:1 by inserting after paragraph V the following new paragraph:
\t\tVI. A person serving as a member of the general court, member of the executive council, or as governor, or who would be serving during his or her elected term but for resignation, shall be prohibited from registration as a lobbyist under paragraph I for a period of time equal to the total length of their current term of office for which they were elected to serve regardless of time actually served.
\t5 New Paragraphs; Lobbyist; Identification. Amend RSA 15:2 by inserting after paragraph II the following new paragraphs:
\t\tIII. Any person who is required to register as a lobbyist under RSA 15:1 who communicates with a member of the legislature, legislative staff, or any member of the executive branch, in writing, or by email, shall identify themselves as a lobbyist in an obvious manner. The word "lobbyist" shall be used in such identification.
\t\tIV. Any person who is required to register as a lobbyist under RSA 15:1 who communicates with a member of the legislature, legislative staff, or any member of the executive branch, by phone or electronic voice message shall identify themselves as a lobbyist at the beginning of any such communication. The word "lobbyist" shall be used in such identification.
\t\tV. Any person who is required to register as a lobbyist under RSA 15:1 shall not use technological measures to block caller ID systems, or use falsified email addresses, when communicating with members of the legislature, legislative staff, or any member of the executive branch.
\t\tVI. Any person who is providing unpaid volunteer services for a person required to register as a lobbyist under RSA 15:1 shall be subject to the same restrictions as a lobbyist under paragraphs III, IV, and V, with the exception that such unpaid volunteer shall, when required, identify themselves as volunteering for a named lobbyist, rather than being a lobbyist themselves.
\t6 New Paragraph; Honorarium or Expense Report; Duty to Report Reimbursement. Amend RSA 15-B:6 by inserting after paragraph II the following new paragraph:
\t\tIII.(a) An elected official who receives compensation for the attendance at a conference, meeting, or event for the legislative adoption of model legislation from a person, partnership, firm, or corporation required to register as a lobbyist under RSA 15:1, or which employees at least one person who is required to register, shall report such compensation as an honorarium or expense report pursuant to this chapter. If such compensation is non-monetary, its estimated fair market value shall be used for reporting.
\t\t(b) For this paragraph, "model legislation" means a legislative proposal or a uniform or suggested act written, promoted, or distributed by a partnership, firm, non-profit entity, or corporation to an elected official and to other public officials of at least one more state; and "compensation" shall include reimbursements, waived fees, gifts or other non-monetary contributions, financial contributions of any kind, tickets, admission, or any other benefit not available for free to members of the general public.
\t7 New Section; Voting Materials; Identification of Candidates Voluntarily Limiting Political Expenditures. Amend RSA 656 by inserting after section 5-a the following new section:
\t656:5-b Identification of Candidates Voluntarily Limiting Political Expenditures.
\t\tI. The names of all candidates who have filed an affidavit voluntarily limiting campaign expenditures in accordance with RSA 664:5-a, and have not been found in violation of that section, will have a small, 5-pointed star printed at the end of their name.
\t\tII. A notice shall be printed at the top of the ballot in the section marked "instructions to voters" explaining the purpose of the 5-pointed star is to mark identifying candidates who have voluntarily limited their campaign expenditures. The wording of this explanation shall be at the discretion of the New Hampshire secretary of state.
\t8 New Subparagraph; Political Expenditures; Definitions. Amend RSA 664:2, III by inserting after subparagraph (e) the following new subparagraph:
\t\t\t(f) Any organization, or segregated fund, which makes expenditures on political advertising, as defined in paragraph VI, totaling more than $1,000 in a calendar near.
\t9 Political Expenditures; Definition; Advertising RSA 664:2, VI is repealed and reenacted to read as follows:
\t\tVI. "Political advertising" means any communication which:
\t\t\t(a) Expressly or implicitly advocates the success or defeat of any party, measure, or person at any election;
\t\t\t(b) Encourages others to contact a named or pictured individual or political party in relation to an issue, or set of issues, identified in the communication;
\t\t\t(c) Expressly or implicitly advocates the success or defeat of any legislation before the general court;
\t10 New Section; Prohibited Contributions; General Court. Amend RSA 664 by inserting after section 4-b the following new section:
\t664:4-c Prohibited Contributions; General Court. Members of the general court shall not accept contributions, directly or indirectly, in connection with an election for state office, including funds for any state election activity, from a registered lobbyist, such lobbyist's client, a parent or subsidiary of such a lobbyist client, or any individual who engages in or directly supervises one or more individuals who engage in lobbying activities on behalf of such lobbyist, lobbyist client, or parent or subsidiary of a lobbyist client, that the member knows has made a lobbying contact with the member or his or her professional staff; with another member or their professional staff with whom the member serves on a legislative committee or subcommittee, or any other of division of the house or senate if such lobbying contact concerns matters pending before such committee, subcommittee, or division of the house or senate; or with any official or employee of any such legislative committee, subcommittee, or other division of the house or senate, during the previous 2 years.
\t11 Effective Date. This act shall take effect January 1, 2017.