Bill Text - HB394 (2017)

Relative to public employees testifying before legislative committees.


Revision: Jan. 30, 2017, 7:55 a.m.

HB 394 - AS INTRODUCED

 

 

2017 SESSION

17-0706

06/10

 

HOUSE BILL 394

 

AN ACT relative to public employees testifying before legislative committees.

 

SPONSORS: Rep. Hoell, Merr. 23; Rep. Itse, Rock. 10; Rep. Burt, Hills. 39

 

COMMITTEE: Legislative Administration

 

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ANALYSIS

 

This bill requires public employees to have the permission of their superiors prior to testifying before a legislative committee.

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

17-0706

06/10

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Seventeen

 

AN ACT relative to public employees testifying before legislative committees.

 

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

 

1  Public Employee Appearances Before the Legislature.  Amend the chapter heading of RSA 98-F to read as follows:

[STATE] PUBLIC EMPLOYEE APPEARANCES BEFORE THE LEGISLATURE

2  New Sections; Public Employees; Testimony; Penalty.  Amend RSA 98-F by inserting after section 1 the following new sections:

98-F:2  Public Employee Testimony.

I.  No public employee, as defined in RSA 273-A:1, IX, may testify before a hearing of a general court committee during working hours unless:

(a)  Specifically requested by the chairperson of the committee and a copy of such request is provided in writing to the clerk of the committee.

(b) Explicitly authorized by his or her employer to represent such employer with respect to the matter on which testimony is being received and such documentation is provided in writing to the clerk of the committee.

(c)  The public employee has chosen to use personal or vacation time to testify on a matter before the legislature and has provided written evidence to the clerk of the  committee of the time being used as personal time.

II.  Nothing in this section shall be construed to prohibit a public employee from testifying on any matter not related to his or her employment.

98-F:3  Penalty.  Any person violating RSA 98-F:2 shall be guilty of a violation.

3  New Paragraph; Lobbyists; Prohibited Activities.  Amend RSA 15:5 by inserting after paragraph II the following new paragraph:

III.  Except as provided in RSA 98-F:2, no public employee may testify before a hearing of the general court during working hours.

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