Revision: March 11, 2024, 4:56 p.m.
Rep. Sheehan, Hills. 43
February 14, 2024
2024-0693h
08/02
Amendment to HB 1388
Amend the bill by replacing all after section 2 with the following:
3 New Sections; Recusal for Conflicts of Interest. Amend RSA 14-C by inserting after section 4 the following new sections:
14-C:4-a Recusal and Disclosure for Conflicts of Interest. A legislator shall recuse himself or herself from voting during any official legislative activity when:
I. The legislator has a conflict of interest as defined in RSA 14-B:1, I; or
II. The legislator or a member of the legislator's household could reasonably be expected to incur a direct and substantial financial benefit or detriment as a result of the outcome of the legislative activity.
14-C:4-b Exceptions to Recusal for Conflicts of Interest. A legislator shall not recuse himself or herself from participation in any official legislative activity regarding preparation, review, or approval or disapproval of the state budget or general revenue bills.
4 Legislative Ethics; Definition; Conflict of Interest. Amend RSA 14-B:1, V 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, or a person or organization, whether nonprofit or for profit, by which the legislator is employed, or from which the legislator receives compensation, to act as the person's or organization's agent or advocate, 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, whether nonprofit or for profit, by virtue of holding a position with a fiduciary responsibility, such as a board member, trustee, or director.
(c) A legislator's or household member's ownership of securities of a publicly traded corporation shall not be construed to constitute a "special interest" in matters that may affect the corporation unless the legislator or household member serves as an officer, board member, trustee or director of the corporation or owns more than one percent of the outstanding securities of the corporation.
5 Effective Date. This act shall take effect 30 days after its passage.
2024-0693h
AMENDED ANALYSIS
This bill defines "special interest" and makes provisions for the recusal of members of the general court for conflicts of interest.