SB35 (2017) Detail

(Second New Title) relative to the guidelines of the legislative ethics committee.


CHAPTER 250

SB 35 - FINAL VERSION

 

03/23/2017   0894s

03/23/2017   1021s

1Jun2017... 1828h

06/22/2017   2349CofC

 

2017 SESSION

17-0889

05/10

 

SENATE BILL 35

 

AN ACT relative to the guidelines of the legislative ethics committee.

 

SPONSORS: Sen. Giuda, Dist 2

 

COMMITTEE: Rules and Enrolled Bills

 

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AMENDED ANALYSIS

 

This bill revises the definition of special interest in RSA 14-B and the legislative ethics guidelines.

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

03/23/2017   0894s

03/23/2017   1021s

1Jun2017... 1828h

06/22/2017   2349CofC 17-0889

05/10

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Seventeen

 

AN ACT relative to the guidelines of the legislative ethics committee.

 

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

 

250:1  Legislative Ethics Committee; Definition of Special Interest.  RSA 14-B:1, V is repealed and reenacted to read as follows:

V.  "Special interest'' means any financial or non-financial 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)  A financial interest exists where a legislator or household member could stand to gain or lose anything of material value as a result of the official activity.

(b)  A non-financial personal interest exists where a legislator or household member has a responsibility for the welfare of an organization by virtue of holding a position with a fiduciary responsibility, such as a board member, trustee, or director.

250:2  Legislative Ethics Guidelines; Definition of Special Interest.  Upon the effective date of this act, the definition of special interest in paragraph XIII of section 2 of the legislative ethics guidelines is repealed and reenacted to read as follows:

XIII.  "Special interest'' means any financial or non-financial 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)  A financial interest exists where a legislator or household member could stand to gain or lose anything of material value as a result of the official activity.

(b)  A non-financial personal interest exists where a legislator or household member has a responsibility for the welfare of an organization by virtue of holding a position with a fiduciary responsibility, such as a board member, trustee, or director.

250:3  Legislative Ethics Guidelines; Legislator's Non-Financial Personal Interests Disclosure Form.  Upon the effective date of this act, the legislator's non-financial personal interests disclosure form provided in section 5 of the legislative ethics guidelines shall be amended to read as follows:

GENERAL DISCLOSURE OF

NON-FINANCIAL PERSONAL INTERESTS FORM

A “non-financial personal interest” exists where a legislator or household member [is a member of a public body, or] has a responsibility for the welfare of an organization[. A legislator or household member has a responsibility for the welfare of an organization when the legislator or household member holds] by virtue of holding a position with a fiduciary responsibility, such as a board member, trustee, or director.

 

Description of Non-Financial Personal Interest

Identify and describe below the non-financial personal interest you or a household member may have.  A “household member” is any person living in the same domicile as you who shares a common economic interest in the expenses of daily living, including, but not limited to, a spouse, child, or parent.

 

Please identify each “non-financial personal interest.”

NAME OF LEGISLATOR:

___________________________________________________________________________

LIST [PUBLIC BODIES AND/OR] ORGANIZATIONS AND YOUR POSITION:

___________________________________________________________________________

___________________________________________________________________________

___________________________________________________________________________

___________________________________________________________________________

NAME OF HOUSEHOLD MEMBER AND RELATIONSHIP TO YOU:

___________________________________________________________________________

LIST [PUBLIC BODIES AND/OR] ORGANIZATIONS AND POSITION:

___________________________________________________________________________

___________________________________________________________________________

___________________________________________________________________________

___________________________________________________________________________

____________________________________ _________________________________

Signature Date

_____________________________________

Printed Name of Legislator

250:4  Legislative Ethics Guidelines; Conflict of Interest Procedure.  Upon the effective date of this act, the conflict of interest procedures provided in section 6 of the legislative ethics guidelines shall be amended to read as follows:

 

6 CONFLICT OF INTEREST PROCEDURE.

I.  No legislator having a conflict of interest shall participate in any official activity associated with the matter without complying with the procedure set forth in this

section.

[II.  A declaration of intent form shall be filed by a legislator whenever a financial interest could reasonably be expected to produce a materially greater benefit or detriment to the legislator or the legislator’s household member than would accrue to any other member of a business, profession, occupation, or other group listed by the legislator in the Financial Disclosure Form.

III.  A declaration of intent form shall also be filed whenever a legislator or a legislator’s household member has a non-financial personal interest distinct from and greater than the public at large in the outcome of a matter that is the subject  of official activity not disclosed by the legislator in the General Disclosure of NonFinancial Personal Interests Form.

IV.  In such cases, the legislator shall either:

(a)  Declare that the legislator will not participate in any official activity associated with the issue; or

(b)  Declare that the legislator intends to participate in the official activity and provide a description of the conflict of interest.]

II.  No declaration of intent form shall be required if no benefit or detriment could reasonably be expected to accrue to the legislator or the legislator's household member as a member of a business, profession, occupation, or other group, to any greater extent than to any other member of such business, profession, occupation, or other group, provided that disclosure of the legislator's or household member's membership is made in the Financial Disclosure Form pursuant to section 5 of the Ethics Guidelines.  For purposes of these guidelines, groups shall be limited to those generally recognized and of a substantial size.

III.  No declaration of intent form shall be required if a legislator discloses a non-financial personal interest of the legislator or legislator's household member on the General Disclosure of Non-Financial Personal Interests Form.

IV.  When a legislator becomes aware that a conflict of interest exists or may exist and the conditions set forth in paragraphs II and III are not met, the legislator shall proceed in accordance with either subparagraph (a) or (b):

(a)  Declare that the legislator will not participate in any official activity associated with the issue; or

(b)  Declare that the legislator intends to participate in the official activity and provide a description of the conflict of interest.

V.  The declaration required in subparagraphs IV (a) and (b) of this procedure shall be publicly announced prior to any participation by the legislator in the official activity in accordance with section 7 of these Guidelines.  The declaration of intent form shall be filed with the clerk of the member’s respective body prior to the time of the official activity and be made available for public inspection during normal business hours.

250:5  Legislative Ethics Guidelines; Declaration of Intent.  Upon the effective date of this act, subparagraph 2) preceding the declaration of intent form provided in the legislative ethics guidelines shall be amended to read as follows:

2)  A legislator or a legislator’s household member has a non-financial personal interest distinct from and greater than the public at large in the outcome of a matter that is the subject of official activity [not disclosed by the legislator] and the legislator has not made this disclosure in the General Disclosure of Non-Financial Personal Interests Form.

250:6  Effective Date.  This act shall take effect upon its passage.

 

Approved: July 18, 2017

Effective Date: July 18, 2017

Links

SB35 at GenCourtMobile

Action Dates

Date Body Type
Jan. 26, 2017 Senate Hearing
March 23, 2017 Senate Floor Vote
March 23, 2017 Senate Floor Vote
March 23, 2017 Senate Floor Vote
April 25, 2017 House Hearing
May 17, 2017 House Exec Session
June 1, 2017 House Floor Vote
June 15, 2017 House Floor Vote
June 22, 2017 House Floor Vote
June 22, 2017 Senate Floor Vote

Bill Text Revisions

SB35 Revision: 1765 Date: July 20, 2017, 10:49 a.m.
SB35 Revision: 1766 Date: June 22, 2017, 12:41 p.m.
SB35 Revision: 1767 Date: June 2, 2017, 11:04 a.m.
SB35 Revision: 1768 Date: March 24, 2017, 2:01 p.m.
SB35 Revision: 1769 Date: Jan. 24, 2017, 10:37 a.m.

Docket

Date Status
Jan. 5, 2017 Introduced 01/05/2017 and Referred to Rules and Enrolled Bills; SJ 4
Jan. 26, 2017 Hearing: 01/26/2017, Room 103, SH, 10:00 am; SC 7
March 23, 2017 Committee Report: Ought to Pass with Amendment # 2017-0894s, 03/23/2017; SC 15
March 23, 2017 Special Order SB 35 to after Executive Departments and Administration, Without Objection, MA; 03/23/2017; SJ 10
March 23, 2017 Committee Amendment # 2017-0894s, AA, VV; 03/23/2017; SJ 10
March 23, 2017 Sen. Bradley Moved to Special Order SB 35 to when the Floor Amendment Arrives, Without Objection, MA; 03/23/2017; SJ 10
March 23, 2017 Sen. Bradley Floor Amendment # 2017-1021s, AA, VV; 03/23/2017; SJ 10
March 23, 2017 Ought to Pass with Amendments 2017-0894s and 2017-1021s, MA, VV; OT3rdg; 03/23/2017; SJ 10
March 23, 2017 Introduced 03/23/2017 and referred to Legislative Administration HJ 11 P. 26
April 25, 2017 Public Hearing: 04/25/2017 10:30 AM LOB 104
May 17, 2017 Executive Session: 05/17/2017 10:00 AM LOB 305-307
June 1, 2017 Committee Report: Ought to Pass with Amendment # 2017-1828h for 06/01/2017 (Vote 14-0; CC) HC 26 P. 9
June 1, 2017 Amendment # 2017-1828h: AA VV 06/01/2017 HJ 17 P. 18
June 1, 2017 Ought to Pass with Amendment 1828h: MA VV 06/01/2017 HJ 17 P. 18
June 8, 2017 Sen. Avard Moved Nonconcur with the House Amendment; Requests C of C, MA, VV; 06/08/2017; SJ 19
June 8, 2017 President Appoints: Senators Avard, Sanborn, Woodburn; 06/08/2017; SJ 19
June 8, 2017 House Accedes to Senate Request for CofC (Rep. Packard): MA VV 06/08/2017 HJ 18 P. 6
June 8, 2017 Speaker Appoints: Reps. Packard, Hoelzel, Schuett, Nigrello 06/08/2017 HJ 18 P. 6
June 13, 2017 Committee of Conference Meeting: 06/13/2017, 11:00 am, Room 103, SH==RECESSED==
June 14, 2017 Committee of Conference Meeting: 06/14/2017, 09:30 am, Room 100, SH==RECESSED==
June 15, 2017 ==RECONVENE== Committee of Conference Meeting: 06/15/2017, 09:00 am, Room 100, SH
June 15, 2017 Conference Committee Report # 2017-2349c Filed 06/15/2017; House Amendment + New Amendment
June 22, 2017 Conference Committee Report 2349c: Adopted, VV 06/22/2017 HJ 19 P. 8
June 22, 2017 Conference Committee Report # 2017-2349c, Adopted, VV; 06/22/2017; SJ 20
June 22, 2017 Enrolled 06/22/2017 HJ 19 P. 27
June 22, 2017 Enrolled (In recess 06/22/2017); SJ 20
July 18, 2017 Signed by the Governor on 07/18/2017; Chapter 0250; Effective 07/18/2017