HB1671 (2016) Detail

Establishing an office of inspector general.


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HB 1671-FN - AS INTRODUCED

 

2016 SESSION

\t16-2315

\t05/03

 

HOUSE BILL\t1671-FN

 

AN ACT\testablishing an office of inspector general.

 

SPONSORS:\tRep. Marple, Merr. 24; Rep. Ingbretson, Graf. 15; Rep. Itse, Rock. 10; Rep. McClarren, Hills. 29; Rep. Lachance, Hills. 8; Rep. D. McGuire, Merr. 21

 

COMMITTEE:\tExecutive Departments and Administration

 

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ANALYSIS

 

\tThis bill establishes an office of inspector general for the people.

 

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\t\tMatter which is either (a) all new or (b) repealed and reenacted appears in regular type.

\t16-2315

\t05/03

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Sixteen

 

AN ACT\testablishing an office of inspector general.

 

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

 

\t1  New Chapter; Office of Inspector General.  Amend RSA by inserting after chapter 4-E the following new chapter:

CHAPTER 4-F

Office of Inspector General

\t4-F:1  Office of Inspector General Established.

\t\tI.  There is herby established the office of inspector general.  The inspector general shall independently advocate exclusively for the people and provide assistance in the exercise of their Article 14 rights.  Further, the inspector general shall promote the common law as the foundation of all that supports the people's unalienable rights to life, liberty, and pursuit of happiness.  The inspector general shall not compete with or diminish the attorney general's duty to the corporation but instead shall be responsible for promoting the integrity and accountability of all public servants as well as efficiency in all agencies of government.  The inspector general shall not be a member or past member of the bar.  The inspector general shall be appointed by the governor and council for a term of 4 years.  Successive terms shall be by ballot of the people.

\t\tII.  The inspector general shall:

\t\t\t(a)  Initiate, supervise, and coordinate investigations, recommend policies, and carry out other activities designed to deter, detect, prevent, and eradicate fraud, waste, abuse, mismanagement, misconduct, and nonfeasance in government.

\t\t\t(b)  Investigate, upon receipt of a complaint or for cause, any administrative action of any agency, regardless of the finality of the administrative action.

\t\t\t(c)  Request such assistance and information as may be necessary for the performance of the duties of the inspector general, the paramount duty being the protection of the rights of the people.

\t\t\t(d)  Examine the records and reports of any agency and its administration.

\t\t\t(e)  Coordinate complaint-handling activities with all agencies and enforce penalties.

\t\t\t(f)  Coordinate the activities of whistleblowers and maintain a whistleblower's hotline to receive complaints and information from all inhabitants concerning the possible violation of law, administrative rules, mismanagement, fraud, waste, abuse of authority, malfeasance, nonfeasance, or a substantial or specific danger to the health, welfare, or safety of the public.

\t\t\t(g)  Report expeditiously to the 3 branches of this government if there has been a violation of criminal or civil law where action should be initiated and follow up with action.

\t\t\t(h)  Act as liaison with other states and agencies to promote accountability, integrity, and efficiency in state government.

\t\t\t(i)  Act as liaison and monitor the activities of all government agencies.

\t\t\t(j)  Review, evaluate, and monitor the policies, practices, and operations of the executive office of the governor and council and make recommendations for improvements and cost saving measures.

\t\t\t(k)  Conduct special investigations and management reviews received by affidavit complaints from all inhabitants.

\t2  Effective Date.  This act shall take effect 60 days after its passage.

 

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\t\t\t\t\t\t\t\t\t\t\t16-2315

\t\t\t\t\t\t\t\t\t\t\tRevised 1/15/16

 

HB 1671-FN- FISCAL NOTE

 

AN ACT\testablishing an office of inspector general.

 

 

FISCAL IMPACT:

The Office of Legislative Budget Assistant and Department of Administrative Services state this bill, as introduced, may increase state 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 county and local expenditures.

 

METHODOLOGY:

The Office of Legislative Budget Assistant states this bill establishes the Office of Inspector General to independently advocate for the people in the exercise of their Article 14 rights.  The Inspector General shall be responsible to conduct investigations of any agency, carry out activities designed to deter, detect, and prevent fraud, coordinate complaint-handling activities, and report to the three branches of government if there has been a violation of criminal or civil law where action should be initiated.  The Inspector General shall not compete with or diminish the Attorney General's duty to the corporation.  This bill may increase state expenditures by an indeterminable amount.  However, the bill does not specify the salary grade of the Inspector General, indicate the size of the Office, or make an appropriation to the Office.  

 

The Department of Administrative services states it is unable to determine the fiscal impact of the proposed legislation on the Department.  To the extent the Office of Inspector General conducts investigations there may be some indeterminable cost on the Department.

 

The Governor's Office states this bill will have no fiscal impact on its budget.