HB 393-FN - AS INTRODUCED

2015 SESSION

15-0053

10/05

HOUSE BILL 393-FN

AN ACT including the distributing of model acts to elected officials as lobbying and requiring disclosure of compensation or reimbursement received by elected officials from such lobbyists for attendance at an event.

SPONSORS: Rep. Moody, Rock 17; Rep. Cushing, Rock 21; Rep. Borden, Rock 24; Rep. Emerson, Ches 11; Rep. Hoelzel, Rock 3; Rep. C. Chase, Ches 8; Sen. Fuller Clark, Dist 21

COMMITTEE: Election Law

ANALYSIS

This bill requires registration as a lobbyist for a partnership, firm, or corporation which promotes or distributes model acts to New Hampshire elected officials, and requires the elected official to report any compensation, honorariums, meals, beverages, lodging, transportation, or reimbursement for his or her attendance at a conference, meeting, or event for the legislative adoption of one or more model acts.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

15-0053

10/05

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Fifteen

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

1 New Subparagraph; Lobbyists; Registration; Model Acts. Amend RSA 15:1, II by inserting after subparagraph (b) the following new subparagraph:

(c)(1) To formally adopt and distribute model acts to elected officials from more than one state, and meets one or more of the following requirements:

(A) New Hampshire legislators serve as members, staff, or leadership of the partnership, firm, non-profit entity or corporation; or

(B) The partnership, firm, non-profit entity or corporation hosts a conference, meeting, or event where a model act is distributed and one or more New Hampshire legislators are in attendance.

(2) For purposes of subparagraph (c):

(A) “Elected official” means elected official as defined in 15-B:2, III.

(B) “Model act” means a legislative proposal or a uniform or suggested act written, promoted, adopted, or distributed by a partnership, firm, non-profit entity, or corporation to an elected official and to other public officials of at least one more state.

(C) “Formally adopt” means that members of the partnership, firm, non-profit entity, or corporation vote to endorse, support, or distribute the model act for legislative adoption.

(D) “Distribute” means that the model act is given directly to a legislator; sent via mail, email, or fax; shared via an Internet file sharing site; posted on the website of a partnership, firm, non-profit entity or corporation that has one of more New Hampshire legislators as members; or other means of distribution.

2 New Subparagraph; Registration; Exceptions. Amend RSA 15:1, III by inserting after subparagraph (b) the following new subparagraph:

(1) Membership in the organization or association voting on the adoption of the model act is limited to individuals elected or appointed to a position in state government or employed by state government, whether compensated or uncompensated, who are acting in an official capacity; or

(2) The partnership, firm, non-profit entity, corporation, or a state or regional affiliate has a currently registered lobbyist in the state of New Hampshire; or

(3) The model acts have previously been disclosed in the state of New Hampshire.

3 New Paragraphs; Statements. Amend RSA 15:6 by inserting after paragraph I the following new paragraphs:

I-a. Notwithstanding paragraph I, a lobbyist required to register under RSA 15:1, II(c) shall also file with the secretary of state itemized statements under oath of:

(a) A copy of all model acts distributed.

(b) A financial interest disclosure form of any person, partnership, firm, or corporation which voted on the formal adoption of the model act.

I-b. The reports under paragraph I-a shall be submitted within 30 days of the last day of the conference, meeting, or event where the model acts were distributed or approved.

4 Lobbyist Statements. Amend RSA 15:6, II to read as follows:

II.(a) Lobbyists required to register under RSA 15:1, II(a) and (b) shall file statements no later than the last Wednesday of each January, April, July, and October covering all fees received and expenditures, contributions, honorariums, or expense reimbursements made since the last required filing, from fees received at any time from a lobbying client or employer or from funds otherwise provided by the lobbyist, partnership, firm, or corporation, or from the client or employer.

(b) Lobbyists required to register under RSA 15:1, II(c) shall file statements no later than 30 days after the last day of the conference, meeting, or event where the model acts were distributed or approved. Lobbyists registering under RSA 15:1, II(c) do not need to file quarterly reports unless otherwise required to do so under RSA 15:1, II(a) and (b).

5 New Paragraph; Reporting of Honorarium and Expense Reimbursements. Amend RSA 15-B:6 by inserting after paragraph II the following new paragraph:

III. An elected official who receives compensation, honorariums, meals, beverages, lodging, transportation, or reimbursement for his or her attendance at a conference, meeting, or event for the legislative adoption of one or more model acts from a person, partnership, firm, or corporation required to register under RSA 15:1, II(c) shall report such compensation as an honorarium or expense report pursuant to this chapter.

6 Effective Date. This act shall take effect January 1, 2016.

LBAO

15-0053

01/16/15

HB 393-FN - FISCAL NOTE

FISCAL IMPACT:

The Judicial Branch and Department of Justice state this bill, as introduced, may increase state expenditures by an indeterminable amount in FY 2016 and each year thereafter. There will be no fiscal impact on county and local expenditures or state, county, and local revenue.

METHODOLOGY:

The Judicial Branch states this bill requires a partnership, firm, or corporation which promotes or distributes model acts to New Hampshire elected officials to register as a lobbyist, and requires disclosure by elected officials of compensation or reimbursements received for attendance at related events. The bill contains a misdemeanor for a natural person and a felony for any other person. An unspecified misdemeanor can be either class A or class B, with the presumption being a class B misdemeanor. There is no method to determine how many charges would be brought as a result of the changes contained in this bill to determine the fiscal impact on expenditures. The Judicial Branch has provided the potential costs associated with the penalties contained in this bill, where they can be determined. See table below for average cost information:

FY 2016

FY 2017

Judicial Branch*

Class B Misdemeanor

$48

$51

Class A Misdemeanor

$69

$71

Routine Criminal Felony Case

$438

$453

Complex Criminal Felony Case

$847

$862

Appeals

Varies

*It should be noted average case cost estimates for FY 2016 and FY 2017 are based on data that is more than nine years old and does not reflect changes to the courts over that same period of time or the impact these changes may have on processing the various case types.

The Department of Justice states the existing penalty provision in RSA 15 will apply to violations of the provisions contained in this bill. The Department states the bill may result in additional investigations. In addition, the bill may have a fiscal impact to the Department in instances in which an appeal of any prosecution by the Department or a county attorney is taken to the New Hampshire Supreme Court. Because the Department is unable to estimate how many cases may be generated, it is unable to project the bill’s fiscal impact.

The Department of State and the Judicial Council state this bill will have no fiscal impact.

The New Hampshire Association of Counties states this bill will have little to no impact on county revenue or expenditures.