HB1336: relative to the procedures for the legislative ethics committee.

CHAPTER 86

HB 1336 – FINAL VERSION

05Feb2004… 0193h

2004 SESSION

03-2316

10/01

HOUSE BILL 1336

AN ACT relative to the procedures for the legislative ethics committee.

SPONSORS: Rep. Jasper, Hills 66; Rep. Wall, Straf 72; Sen. O’Hearn, Dist 12; Sen. Foster, Dist 13

COMMITTEE: Legislative Administration

ANALYSIS

This bill clarifies procedures for appointment, initiation of complaints, and retention of records for the legislative ethics committee.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

05Feb2004… 0193h

03-2316

10/01

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Four

AN ACT relative to the procedures for the legislative ethics committee.

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

86:1 Legislative Ethics Committee; Appointment. Amend RSA 14-B:2, III to read as follows:

III. Appointments to the committee shall be made by December 31 prior to the first legislative session of the biennium. A committee meeting shall be called [within 60 days of the convening of each biennial session] no later than February 1 in the first legislative session of the biennium. The members shall elect a chairperson and vice-chairperson at this meeting. The members shall serve for the biennium and shall not be removed from the committee for any reason except for good cause by unanimous vote of the remaining committee members. Members shall receive no compensation, except that legislative members shall receive mileage at the legislative rate and public members shall receive mileage at the state employee rate.

86:2 Ethics Complaints; Procedure. Amend RSA 14-B:4, I to read as follows:

I. Each complaint shall be submitted in writing and signed under oath by the complainant. The sworn complaint shall be filed confidentially with the committee and shall contain the name and address of the complainant. The legislator, officer, or employee of the legislature complained against shall be furnished with a copy of the complaint and a copy shall be sent to each member of the committee for review. [The committee shall conduct an initial review of each complaint promptly after receipt to ascertain whether the committee has jurisdiction to consider the complaint or whether the complaint is without merit or is unfounded.] The committee shall initiate a complaint on its own motion against any individual the committee determines has not complied with the provisions of RSA 14-B:7. The committee shall promptly examine each sworn complaint and:

(a) If by a unanimous affirmative vote it determines that a complaint is frivolous, scurrilous, or retaliatory in nature, the committee may discharge the complaint without the benefit of a meeting or further proceeding. The committee shall notify the respondent and complainant in writing of its action.

(b) For any complaint not discharged, the committee shall conduct an initial review to ascertain whether the committee has jurisdiction to consider the complaint or whether the complaint is without merit or is unfounded.

86:3 Retention of Records. Amend RSA 14-B:6 to read as follows:

14-B:6 Retention of Records. All records required to be filed with the office of secretary of state under the provisions of this chapter, or the rules or guidelines adopted in accordance with RSA 14-B:5, shall be maintained by the office of secretary of state for a period of 3 years [in their original form and then in electronic format for a period of 20 years following their filing] from the date of filing, after which time they may be destroyed.

86:4 Financial Disclosure Form. RSA 14-B:7 is repealed and reenacted to read as follows:

14-B:7 Financial Disclosure Form. Every representative, senator, and officer of the house of representatives and the senate shall file with the legislative ethics committee a financial disclosure form, as required by the ethics guidelines, on or before January 31 of each year. The committee shall place the completed forms on file in the secretary of state’s office following the committee’s review of the forms.

86:5 Effective Date. This act shall take effect upon its passage.

(Approved: May 7, 2004)

(Effective Date: May 7, 2004)