Revision: Dec. 27, 2018, 8:53 a.m.
HB 150-FN - AS INTRODUCED
2019 SESSION
19-0085
05/06
HOUSE BILL 150-FN
AN ACT relative to the penalty for failure to file the financial disclosure form required under RSA 15-A.
SPONSORS: Rep. Horn, Merr. 2; Rep. Spillane, Rock. 2
COMMITTEE: Executive Departments and Administration
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ANALYSIS
This bill establishes a civil penalty for the failure to file the financial disclosure form required under RSA 15-A. The bill includes a contingent repeal of the civil penalty upon certification by the attorney general that there have been few recent violations of the chapter.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
19-0085
05/06
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Nineteen
AN ACT relative to the penalty for failure to file the financial disclosure form required under RSA 15-A.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Financial Disclosure. Amend RSA 15-A:7 and 15-A:8 to read as follows:
15-A:7 Penalty.
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. 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).
II. In addition to the criminal penalty under paragraph I, a person who knowingly fails to file the statement of financial interests required under this chapter shall be subject to a civil penalty of not more than $5,000.
15-A:8 Examination of Disclosures.
I. 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.
II. Any person who fails to meet the filing deadlines established under RSA 15-A:6 shall be subject to such late fees and additional penalties as the attorney general may establish by rule under RSA 541-A.
2 Contingent Repeal. RSA 15-A:7, II and RSA 15-A:8, II shall be repealed upon the date the attorney general certifies to the office of legislative services that fewer than 5 violations of RSA 15-A have occurred in the preceeding 2-year period.
I. RSA 15-A:7, II, and RSA 15-A:8, II, as inserted by section 1 of this act, shall take effect as provided in section 2 of this act.
II. The remainder of this act shall take effect January 1, 2020.
19-0085
11/13/18
HB 150-FN- FISCAL NOTE
AS INTRODUCED
AN ACT relative to the penalty for failure to file the financial disclosure form required under RSA 15-A.
FISCAL IMPACT: [ X ] State [ ] County [ ] Local [ ] None
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| Estimated Increase / (Decrease) | |||
STATE: | FY 2020 | FY 2021 | FY 2022 | FY 2023 |
Appropriation | $0 | $0 | $0 | $0 |
Revenue | Indeterminable | Indeterminable | Indeterminable | Indeterminable |
Expenditures | Indeterminable | Indeterminable | Indeterminable | Indeterminable |
Funding Source: | [ X ] General [ ] Education [ ] Highway [ ] Other | |||
METHODOLOGY:
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.
AGENCIES CONTACTED:
Department of Justice, Judicial Branch, Legislative Branch, and Department of State