HB377: relative to discipline of state employees or officers making willful false statements.

HB 377 - AS INTRODUCED

2003 SESSION

03-0199

06/01

HOUSE BILL 377

AN ACT relative to discipline of state employees or officers making willful false statements.

SPONSORS: Rep. Gilman, Graf 9; Rep. Maybeck, Graf 16; Rep. Twombly, Straf 67; Rep. Cady, Rock 73; Rep. Buhlman, Hills 66; Sen. Boyce, Dist 4

COMMITTEE: Executive Departments and Administration

ANALYSIS

This bill makes any state employee or officer subject to termination or removal following a disciplinary hearing establishing that the person made certain false statements.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

03-0199

06/01

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Three

AN ACT relative to discipline of state employees or officers making willful false statements.

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

1 New Paragraph; Administrative Services Division of Personnel. Amend RSA 21-I:42 by inserting after paragraph XVII the following new paragraph:

XVIII. Conduct disciplinary hearings for matters arising under RSA 96 pursuant to rules of the department concerning adjudicative proceedings adopted under RSA 541-A.

2 Chapter Heading. Amend the chapter heading of RSA 96 to read as follows:

FALSE STATEMENTS [RELATIVE TO PUBLIC WORKS OR CONTRACTS]

BY STATE OFFICERS OR EMPLOYEES

3 False Certification or Statement; Public Works. Amend RSA 96:1 and 96:2 to read as follows:

96:1 Public Works or Contracts; False Certification; Penalty. If any officer or employee of the state who is responsible for certification of any work progress report, invoice, manifest or other document used as a basis for payment of any money appropriated under any capital or other budget act shall knowingly or willfully make or certify any false statement in connection therewith, he or she shall be guilty of a class B felony.

96:2 Public Works or Contracts; False Statement; Penalty. If any officer or employee of the state in performing the duty of awarding any contract as a result of competitive bid, required under any capital budget act, shall knowingly or willfully make or certify any false statement in connection therewith or shall recommend to the governor and council the approval of any such award to other than the lowest responsible bidder, except as provided by law, he or she shall be guilty of a class B felony.

4 New Section; False Statement; Disciplinary Hearing. Amend RSA 96 by inserting after section 2 the following new section:

96:3 False Statement; Disciplinary Hearing. If any officer or employee of the state in performing the duty of his or her position shall knowingly or willfully make or certify any false statement in order to impede a process of a state agency, to gain advantage in employment or status, or to cause harm to a superior, co-worker, or any subordinate, shall upon so finding pursuant to a disciplinary hearing held by the director of personnel, department of administrative services of the state, be terminated from state employment if a state employee or, if a state officer, be recommended for removal under RSA 4 by procedures for removal of state officers.

5 Applicability. This act shall not apply to elected officials.

6 Effective Date. This act shall take effect January 1, 2004.