Revision: March 18, 2024, 9:48 a.m.
Rep. Yokela, Rock. 32
Rep. McCarter, Belk. 8
Rep. Soti, Rock. 35
Rep. Ammon, Hills. 42
March 15, 2024
2024-1160h
05/08
Floor Amendment to HB 1479-FN
Amend the title of the bill by replacing it with the following:
AN ACT requiring lobbying entities to offer independent lobbying and non-lobbying services, secure fund segregation disclosures from certain clients and affirm those disclosures, and report different statement information where a contract provides for only non-lobbying services.
Amend the bill by replacing all after the enacting clause with the following:
1 New Section; Independent Services; Entities Offering Lobbying and Non-Lobbying Services. Amend RSA 15 by inserting after section 15:1 the following new section:
15:1-a Independent Lobbying and Non-Lobbying Services.
I. For purposes of this section, "lobbying services" shall constitute lobbying as described in RSA 15:1, II(a) and (b), attempting to influence legislation, participating in political activity, or contributing funds to any entity for the purpose of engaging in the same.
II. Any entity required to register under RSA 15:1 that offers both lobbying services and non-lobbying services shall establish a separate fee for lobbying services. No entity that offers lobbying services and non-lobbying services shall require a potential or actual client to purchase lobbying services as part of a contract for service.
III. An entity that at the same time contracts to provide both lobbying and non-lobbying services to a client shall execute a single contract for both types of services. When any contract is not for activities specified in RSA 15:5, the entity is specifically exempt from RSA 15:5 fund segregation requirements with regard to that contract.
IV. Where a contract provides for either lobbying services only, or lobbying and non-lobbying services, the entity providing the services shall disclose to the client in writing, to be signed by the client, that no state funds may be used to purchase services to lobby or attempt to influence legislation, participate in political activity, or contribute funds to any entity engaged in these activities. Additionally, the entity shall report the disclosure as required by RSA 15:6, V(i).
V. If the client is a municipality, any contract that includes lobbying services, or is for lobbying services only, shall be limited to one year, and shall not be executed by the municipality prior to approval by the legislative body pursuant to subparagraph (a) or (b):
(a) In a town, the question shall be placed on the warrant of a special or annual town meeting, by the governing body or by petition pursuant to RSA 39:3, and shall be voted upon by official ballot if that town has adopted the official ballot for the election of officers.
(b) In a city or a town with a town council, the legislative body shall consider and act upon the question either: (i) in accordance with its normal procedures for passage of resolutions, ordinances, and other legislation; or (ii) on the official ballot for any regular municipal election.
2 Segregation of Funds; Written Notice and Exemption. Amend RSA 15:5 to read as follows:
15:5 Prohibited Activities.
I. No recipient of a grant or appropriation of state funds may use the state funds to lobby or attempt to influence legislation, participate in political activity, or contribute funds to any entity engaged in these activities. As part of any contract that includes the aforementioned activities, the contracting entity shall disclose the prohibitions in paragraphs I and II to the client, in writing, and the client shall sign the disclosure and shall report the disclosure as required by RSA 15:6.
II. Any recipient of a grant or appropriation of state funds that wishes to engage in any of the activities prohibited in paragraph I, or contribute funds to any entity engaged in these activities, shall segregate the state funds in such a manner that such funds are physically and financially separate from any non-state funds that may be used for any of these purposes. Mere bookkeeping separation of the state funds from other moneys shall not be sufficient. A recipient that contracts solely for non-lobbying services under RSA 15:1-a is exempt from this section's fund segregation requirements with regard to that contract.
3 New Paragraph; Statements; Exemption. Amend RSA 15:6, V by inserting after paragraph V the following new paragraph:
V-a. An entity that contracts with a client to provide only non-lobbying services under RSA 15:1-a is exempt from all reporting requirements of RSA 15:6, V(d) except the full name and business address of the client and the scope of the non-lobbying services being paid for.
4 New Subparagraph; Statements; Disclosure of Segregation Requirement. Amend RSA 15:6, V by inserting after subparagraph (h) the following new subparagraph:
(i) An affirmation that a reporting entity hired for activities specified in RSA 15:5, I has received the required disclosure.
5 Effective Date. This act shall take effect January 1, 2025.
2024-1160h
AMENDED ANALYSIS
This bill:
I. Requires lobbying entities to offer independent lobbying and non-lobbying services.
II. Requires lobbying entities to secure fund segregation disclosures from certain clients and affirm those disclosures.
III. Allows lobbying entities to report different statement information where a contract provides for only non-lobbying services.
IV. Specifically exempts clients with non-lobbying service contracts from having to segregate funds.