Bill Text - SB336 (2024)

Relative to misrepresentation by public employees.


Revision: Nov. 30, 2023, 2:42 p.m.

 

2024 SESSION

24-2819.2

09/05

 

SENATE BILL [bill number]

 

AN ACT relative to misrepresentation by public employees.

 

SPONSORS: [sponsors]

 

COMMITTEE: [committee]

 

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ANALYSIS

 

This bill establishes that a public officer or employee who knowingly makes a fraudulent statement or material misrepresentation to a member of the public in the course of his or her employment shall be subject to disciplinary action through the disciplinary procedures of his or her employer or licensing board, subject to certain exceptions.

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

24-2819.2

09/05

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Twenty Four

 

AN ACT relative to misrepresentation by public employees.

 

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

 

1  New Chapter; Public Officers and Employees; False Statements to the Public in the Course of Employment.  Amend RSA by inserting after chapter 96 the following new chapter:

CHAPTER 96-A

False Statements to the Public in the Course of Employment

96-A:1  False Statement by Public Officer or Employee.

I.  Any officer or employee of the state or any political subdivision thereof who knowingly makes a fraudulent statement or material misrepresentation to a member of the public in the course of his or her employment shall be subject to disciplinary action through the disciplinary procedures of his or her employer.  If the officer or employee is licensed in New Hampshire for his or her profession, the officer or employee shall be subject to disciplinary procedures by the relevant licensing board or agency.

96-A:2  Exceptions.  This chapter shall not apply:

I.  In any case where the false statement or material misrepresentation would be deemed justified pursuant to the competing harms standard as defined in RSA 627:3.

II.  In any case where the false statement or material misrepresentation was made by a law enforcement officer in the furtherance of a criminal investigation.

2  Effective Date.  This act shall take effect 60 days after its passage.