Bill Text - SB35 (2017)

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


Revision: Jan. 24, 2017, 10:37 a.m.

SB 35  - AS INTRODUCED

 

 

2017 SESSION

17-0889

05/10

 

SENATE BILL 35

 

AN ACT relative to the procedure for legislators to disclose a conflict or personal interest in legislation.

 

SPONSORS: Sen. Giuda, Dist 2

 

COMMITTEE: Rules and Enrolled Bills

 

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ANALYSIS

 

This bill adds a personal interest disclosure statement to the financial disclosure form required to be filed annually by legislators.  The bill also provides that legislators shall not be required to file a declaration of intent form, but shall verbally disclose any conflict or special interest before deciding whether to participate in any official activity associated with the interest.

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

17-0889

05/10

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Seventeen

 

AN ACT relative to the procedure for legislators to disclose a conflict or personal interest in legislation.

 

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

 

1  Legislative Ethics; Disclosure Form; Personal Interest.  Amend the section heading and introductory paragraph of RSA 14-B:8 to read as follows:

14-B:8  Financial and Personal Interest Disclosure Form.  

Every representative, senator, and officer of the house of representatives and the senate, shall file with the legislative ethics committee a financial disclosure form annually no later than the third Friday of January.  If the legislator's or legislative officer's financial or personal  circumstances change, he or she shall file a new financial and personal interest disclosure form prior to participation in any official activity which would have been affected by the change.  The financial and personal interest disclosure form shall include the following information:

2  New Paragraph; Legislative Ethics; Personal Interest.  Amend RSA 14-B:8 by inserting after paragraph IV the following new paragraph:

IV-a.  The name, address, and type of any organization of which the reporting individual or the reporting individual's household is a member, for which a change in law, administrative rule, or other official action by the general court could affect the welfare of that entity.  

3  Legislative Ethics; Disclosure Form; Disclosure of Additional Conflict or Special Interest.  RSA 14-B:8, V is repealed and reenacted to read as follows:

V.  The following statement regarding the declaration of a conflict of interest or special interest:  "If your participation in an official activity creates a conflict of interest not disclosed by the information on this form, or if such activity could reasonably have a greater benefit or detriment to you or a household member than other members of the public, you shall must disclose the conflict or special interest in accordance with RSA 14-B:8, V and the Ethics Guidelines."  In such cases, the legislator shall verbally disclose the nature of the conflict or special interest and may, at the legislator's discretion, chose whether or not to participate in any official activity associated with the issue.  Legislators shall not be required to file a declaration of intent form; verbal acknowledgment of the conflict or special interest shall be sufficient.  

4  Legislative Ethics Committee; Guidelines.  To the extent necessary to comply with the requirements RSA 14-B:8, V as amended by section 3 of this act, the legislative ethics committee shall amend the ethics guidelines in accordance with the procedure in RSA 14-B:3, II.

5  Reference Amended; Legislative Ethics Committee Review.  Amend RSA 14-B:3, IV to read as follows:

IV.  The committee shall review all financial and personal interest disclosure forms required by RSA 14-B:8 and shall place the completed forms on file in the office of the secretary of state for purposes of the requirements of RSA 15-A, in accordance with the filing deadlines established under RSA 14-B:8 and RSA 14-B:9.  The filing of a financial and personal interest disclosure form in accordance with RSA 14-B:8 by a representative, senator, or officer of the house of representatives or senate shall satisfy the requirement of filing a statement of financial interest pursuant to RSA 15-A.

6  Reference Amended; Financial Disclosure.  Amend RSA 15-A:3, II to read as follows:

II.  The filing of a financial and personal interest disclosure form by an elected member of the house of representatives or senate pursuant to RSA 14-B:8 shall satisfy the requirement for filing a statement of financial interest pursuant to this chapter.

7  Effective Date.  This act shall take effect January 1, 2018.