HB409: relative to the accountability of public officials.

HB 409 - AS INTRODUCED

2003 SESSION

03-0437

09/01

HOUSE BILL 409

AN ACT relative to the accountability of public officials.

SPONSORS: Rep. Marple, Merr 37

COMMITTEE: Criminal Justice and Public Safety

ANALYSIS

This bill changes the penalties for a public official who fails to respond to an affidavit, commits an unauthorized act which purports to be an official act, or refrains from performing an official duty. Any person guilty of such offense shall, in addition to the penalties for a misdemeanor, be removed from public office and prohibited from holding public office for 10 years.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

03-0437

09/01

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Three

AN ACT relative to the accountability of public officials.

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

1 Purpose. The legislature finds that part 1, article 8 of the New Hampshire constitution makes public officials at all times accountable to the people and states that "government, therefore, should be open, accessible, accountable and responsive." This act is intended to strengthen penalties for a public official who fails to respond to an affidavit, commits an unauthorized act which purports to be an official act, or refrains from performing an official duty.

2 Official Oppression. RSA 643:1 is repealed and reenacted to read as follows:

643:1 Official Oppression.

I. A public servant, as defined in RSA 640:2, II, is guilty of a misdemeanor if such public servant:

(a) Commits an unauthorized act which purports to be an act of his or her office;

(b) Refrains from performing a duty imposed on him or her by law or clearly inherent in the nature of his or her office; or

(c) Fails to respond to an affidavit within 30 days of submission of the affidavit by any person.

II. A public servant found guilty under paragraph I shall, in addition to the criminal penalties imposed for the misdemeanor under RSA 651:2, be removed from public office and shall be prohibited from holding public office for 10 years.

3 Reference Change; County Officers. Amend RSA 24:15, IV to read as follows:

IV. If any county commissioner, or elected or appointed county officer, is found in a prosecution for violation of RSA 643:1 to have paid or incurred any liability for the payment of any sum of money contrary to this section, it shall be prima facie evidence that such county commissioner or officer has [knowingly] refrained from performing a duty imposed by law.

4 Reference Change; Building Inspectors. Amend RSA 676:13 to read as follows:

II. If any building inspector is prosecuted for violation of RSA 643:1 and found guilty of issuing any permit contrary to the provisions of this section, it shall be prima facie evidence that the building inspector has [knowingly] refrained from performing a duty imposed on the building inspector by law.

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