HB 150-FN - AS AMENDED BY THE HOUSE
HOUSE BILL 150-FN
SPONSORS: Rep. Horn, Merr. 2; Rep. Spillane, Rock. 2
COMMITTEE: Executive Departments and Administration
This bill directs the attorney general to contact any person who fails to file a statement of financial interests required under RSA 15-A and establishes a $50 late fee for the failure to file in a timely manner. The bill also directs the attorney general to review disclosures made under RSA 15-A and compel compliance with the filing requirement.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
14Mar2019... 0507h 19-0085
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Nineteen
Be it Enacted by the Senate and House of Representatives in General Court convened:
I. Any person who knowingly fails to comply with the provisions of this chapter or knowingly files a false statement shall be guilty of a misdemeanor.
II. The attorney general shall notify any person who fails to file the statement of financial interests within the deadline prescribed by RSA 15-A:6. Any person who fails to file within 30 days of receiving such notice shall be assessed an administrative fine of $50.
III. It shall be an absolute defense in any prosecution under this chapter that the person acted in reliance upon an advisory opinion on the subject issued under RSA 14-B:3, I(c) or RSA 21-G:30, I(c).
15-A:8 Examination of Disclosures. The attorney general [may] shall examine the statements of financial interests which are made under this chapter to the secretary of state and compel such disclosures to be made to comply with the law.
HB 150-FN- FISCAL NOTE
FISCAL IMPACT: [ X ] State [ ] County [ ] Local [ ] None
Estimated Increase / (Decrease)
[ X ] General [ ] Education [ ] Highway [ ] Other
In addition to existing unspecified misdemeanor penalties, this bill establishes a civil penalty for failure to file a financial disclosure pursuant to RSA 15-A. The bill repeals such civil penalty upon certification by the Attorney General that fewer than 5 violations have occurred in the previous 2 years. The Attorney General is also required to impose late fees and additional penalties established by administrative rules.
The Department of Justice states it will examine the statements of financial interests for compliance with the law. There are approximately 2,000 financial disclosure statements. The Department estimates it would require a part-time attorney at no more than 29.5 hours per week for 2 years to examine the statements. The cost of salary and benefits per year for this position is $63,535 (Average salary: $59,020 + Benefits: $4,515). The Department would also provide legal counsel to all state boards, agencies and commissions regarding complaints filed pursuant to the bill, which it could accomplish within its current budget. The Department may become involved in investigations and prosecutions pursuant to the bill, but cannot estimate the number of such possible cases so the fiscal impact is indeterminable.
The Judicial Branch reports the bill would not add any additional cases to the caseload of the Branch. There have been no criminal filings in the district division of the circuit court for fiscal years 2008 through 2017 for violations of RSA 15-A. Thus it is unlikely that the bill would have a fiscal impact in excess of $10,000.
The Legislative Branch states the legislation affects the Executive Branch and reports any possible fiscal impact to the Legislative Brach would be minimal and would be absorbed within the current budget.
The Department of State indicates there is no fiscal impact to the Department.
Department of Justice, Judicial Branch, Legislative Branch, and Department of State
|Jan. 2, 2019||Introduced 01/02/2019 and referred to Executive Departments and Administration HJ 2 P. 39|
|Feb. 7, 2019||Public Hearing: 02/07/2019 10:00 am LOB 306|
|Feb. 12, 2019||==CANCELLED== Executive Session: 02/12/2019 01:30 pm LOB 306|
|Feb. 13, 2019||Full Committee Work Session: 02/13/2019 01:00 pm LOB 306|
|March 5, 2019||Executive Session: 03/05/2019 01:15 pm LOB 306|
|Committee Report: Ought to Pass with Amendment # 2019-0507h (Vote 20-0; CC)|
|March 14, 2019||Committee Report: Ought to Pass with Amendment # 2019-0507h (NT) for 03/14/2019 (Vote 20-0; CC) HC 15|
|March 14, 2019||Amendment # 2019-0507h (NT): AA VV 03/14/2019|
|March 14, 2019||Ought to Pass with Amendment 2019-0507h (NT): MA VV 03/14/2019|
|March 21, 2019||Introduced 03/21/2019 and Referred to Executive Departments and Administration; SJ 10|
|Feb. 7, 2019||House||Hearing|
|Feb. 12, 2019||House||Exec Session|
|March 5, 2019||House||Exec Session|
|March 14, 2019||House||Floor Vote|