Revision: Dec. 14, 2015, midnight
\t \t\tHB 1433-FN - AS INTRODUCED
2016 SESSION
\t16-2178
\t04/09
HOUSE BILL\t1433-FN
AN ACT\testablishing the office of ombudsman in the department of state.
SPONSORS:\tRep. Itse, Rock. 10; Rep. Seidel, Hills. 28
COMMITTEE:\tExecutive Departments and Administration
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ANALYSIS
\tThis bill establishes the office of ombudsman in the department of state.
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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\t\tMatter which is either (a) all new or (b) repealed and reenacted appears in regular type.
\t16-2178
\t04/09
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Sixteen
AN ACT\testablishing the office of ombudsman in the department of state.
Be it Enacted by the Senate and House of Representatives in General Court convened:
\t1 New Subdivision; Department of State; Office of Ombudsman. Amend RSA 5 by inserting after section 51 the following new subdivision:
OFFICE OF OMBUDSMAN
\t5:52 Office of Ombudsman Established.
\t\tI. There is hereby established in the department of state an independent office of ombudsman. The secretary of state, with the approval of the house of representatives and the senate convened in joint session, shall appoint the ombudsman who shall be an unclassified state employee and who shall serve for a term of 2 years. Any vacancy in the position shall be filled in the same manner as the original appointment for the unexpired term. The salary of the ombudsman shall be as specified in RSA 94:1-a.
\t\tII. The ombudsman shall:
\t\t\t(a) Receive and investigate criminal complaints from the public or the New Hampshire general court against officers, employees, and contractors of the government of the state of New Hampshire and its political subdivisions and refer the results of investigations to the attorney general or, at the direction of the attorney general, to the appropriate county attorney.
\t\t\t(b) Execute investigations requested by the house of representatives in support of bills of address and impeachment.
\t\t\t(c) Request the house of representatives to subpoena such documents as may be necessary to conduct investigations.
\t2 Salary Classification. The salary of the ombudsman position established in section 1 of this act shall be determined after assessment and review of the appropriate temporary letter grade allocation in RSA 94:1-a, I(b) for the position which shall be conducted pursuant to RSA 94:1-d and RSA 14:14-c.
\t3 Effective Date. This act shall take effect 60 days after its passage.
\t\t\t\t\t\t\t\t\t\t\t16-2178
\t\t\t\t\t\t\t\t\t\t\t11/20/15
HB 1433-FN- FISCAL NOTE
AN ACT\testablishing the office of ombudsman in the department of state.
FISCAL IMPACT:
The Department of State, Department of Justice, and New Hampshire Association of Counties state this bill, as introduced, will increase state expenditures by an indeterminable amount in FY 2017 and each year thereafter, and may increase county expenditures by an indeterminable amount in FY 2017 and each year thereafter. There will be no fiscal impact to state, county, and local revenue or local expenditures.
METHODOLOGY:
The Department of State states this bill creates the independent office of Ombudsman within the Department of State. The secretary of state, with the approval of the house of representatives and senate convened in joint session, shall appoint the Ombudsman who shall be an unclassified state employee who serves a two-year term. The salary of the position shall be determined after assessment and review of the appropriate temporary letter grade allocation in RSA 94:1-a. The Ombudsman shall receive and investigate criminal complaints from the public or New Hampshire general court against officers, employees, and contractors of the governor of the state of New Hampshire. The Ombudsman shall refer the results of investigations to the Department of Justice or, at the direction of the Department of Justice, to the appropriate county attorney; execute investigations requested by the house of representatives in support of bills; and request the house of representatives to issue subpoenas necessary to investigations. While the salary and benefits costs for the Ombudsman will be determined at a later date, the Department of State estimates equipment and travel costs to be approximately $10,000 in FY 2017, and $5,000 in FY 2018, FY 2019, and FY 2020.
The Department of Justice states that to the extent additional cases are referred by the Ombudsman to the Department of Justice state expenditures could increase by an indeterminable amount. The Department assumes that with the passage of this bill, all citizen complaints of criminal conduct by public officials or employees would be referred to the Ombudsman instead of the Department. Transferring this work would allow investigators to undertake additional criminal investigative work but would not result in lessening the investigative workload of the Department.
The New Hampshire Association of Counties states that to the extent the Ombudsman refers cases to county prosecutors, county expenditures could increase by an unknown amount. If any convictions with jail sentences result from referred cases, then county incarceration costs could increase. Daily county incarceration costs per inmate range from $85 to $110 per day.