Revision: March 24, 2017, 2:01 p.m.
SB 35 - AS AMENDED BY THE SENATE
03/23/2017 0894s
03/23/2017 1021s
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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This bill revises certain provisions in the legislative ethics guidelines regarding the disclosure of a conflict of interest. The bill also deletes the definition of verbal advocacy and section 7, relative to verbal disclosure of a conflict of interest, from the 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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.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 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:
1 Legislative Ethics Guidelines; Conflict of Interest Procedure. Upon the effective date of this act, section 6 of the legislative ethics guidelines, relative to the conflict of interest procedure, is 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] that would be affected in a materially greater way than other similar entities by the outcome of a matter that is the subject of official activity and that was not disclosed by the legislator in the General Disclosure of Non-Financial 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.
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] or as soon as the existence of a conflict of interest becomes apparent. Such filings shall be made available for public inspection during normal business hours.
New Hampshire General Court
House/Senate Clerk’s Office
DECLARATION OF INTENT
Legislators are required to file this form whenever:
1) A legislator or a legislator’s household member has a financial interest that could reasonably be expected to have a greater financial impact on a legislator or a legislator’s household member than would accrue to any other member of the business, profession, occupation, or other group which the legislator listed in the Financial Disclosure Form; or
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] that would be affected in a materially greater way than other similar entities by the outcome of a matter that is the subject of official activity and that was not disclosed by the legislator in the General Disclosure of Non-Financial Personal Interests Form.
Name of Legislator: ________________________________ Date Filed: __________________
District/County: _________________________________________________________________
Bill or other issue creating conflict of interest: ______________________________________
_________________________________________________________________________________
Subject matter of the bill or issue: _________________________________________________
_________________________________________________________________________________
____ WILL NOT PARTICIPATE
I will not participate in action on the above-mentioned bill or issue.
____ WILL PARTICIPATE
Description of Conflict of Interest
Identify and describe below the conflict of interest you or a household member may have with this bill or issue. 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.
This bill or issue creates a: ___ financial interest ___ non-financial personal interest
Nature of effect on legislator, household member, public body, or organization:
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
Additional information: ________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
Signature: __________________________________________
2 Repeal. The following are repealed:
I. Section 2, paragraph XIV of the legislative ethics guidelines, relative to the definition of verbal advocacy.
II. Section 7 of the legislative ethics guidelines, relative to verbal disclosure of conflicts of interest.
3 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:
(1) Is a member of a public body as defined in RSA 91-A:1-a, VI; or
(2) 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 a position with a fiduciary responsibility, such as a board member, trustee, or director.
4 Effective Date. This act shall take effect upon its passage.