HB150: (New Title) relative to statements of financial interests filed by state officials.

HB 150-FN - AS AMENDED BY THE HOUSE

14Mar2019... 0507h

2019 SESSION

19-0085

05/06

HOUSE BILL 150-FN

AN ACT relative to statements of financial interests filed by state officials.

SPONSORS: Rep. Horn, Merr. 2; Rep. Spillane, Rock. 2

COMMITTEE: Executive Departments and Administration

AMENDED ANALYSIS

This bill directs the attorney general to contact any person who fails to file a statement of financial interests required under RSA 15-A and establishes a $50 late fee for the failure to file in a timely manner. The bill also directs the attorney general to review disclosures made under RSA 15-A and compel compliance with the filing requirement.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

14Mar2019... 0507h 19-0085

05/06

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Nineteen

AN ACT relative to statements of financial interests filed by state officials.

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

1 Statements of Financial Interests; Penalty; Examination of Disclosures. Amend RSA 15-A:7 and 15-A:8 to read as follows:

15-A:7 Penalty.

I. Any person who knowingly fails to comply with the provisions of this chapter or knowingly files a false statement shall be guilty of a misdemeanor.

II. The attorney general shall notify any person who fails to file the statement of financial interests within the deadline prescribed by RSA 15-A:6. Any person who fails to file within 30 days of receiving such notice shall be assessed an administrative fine of $50.

III. It shall be an absolute defense in any prosecution under this chapter that the person acted in reliance upon an advisory opinion on the subject issued under RSA 14-B:3, I(c) or RSA 21-G:30, I(c).

15-A:8 Examination of Disclosures. The attorney general [may] shall examine the statements of financial interests which are made under this chapter to the secretary of state and compel such disclosures to be made to comply with the law.

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

LBAO

19-0085

Amended 4/1/19

HB 150-FN- FISCAL NOTE

AS AMENDED BY THE HOUSE (AMENDMENT #2019-0507h)

AN ACT relative to statements of financial interests filed by state officials.

FISCAL IMPACT: [ X ] State [ ] County [ ] Local [ ] None

Estimated Increase / (Decrease)

STATE:

FY 2020

FY 2021

FY 2022

FY 2023

Appropriation

$0

$0

$0

$0

Revenue

Indeterminable Increase

Indeterminable Increase

Indeterminable Increase

Indeterminable Increase

Expenditures

Indeterminable Increase

Indeterminable Increase

Indeterminable Increase

Indeterminable Increase

Funding Source:

[ X ] General [ ] Education [ ] Highway [ ] Other

METHODOLOGY:

This bill requires the Attorney General to notify any person who fails to file the statement of financial interest for state officials within the deadline prescribed by RSA 15-A:6. Any person who fails to file within 30 days of receiving such notice shall be assessed an administrative fine of $50. The Attorney General is also required to examine the statements and compel such disclosures to be made to comply with the law. There are approximately 2,000 financial disclosure statements. The Department of Justice (DOJ) estimates it would require a part-time attorney at no more than 29.5 hours per week to examine the statements and determine compliance. At 29.5 hours per week it is estimated this position would cost approximately $63,535 per year (Average salary: $59,020 + Benefits: $4,515). The DOJ states it can issue the required notices for those failing to file using current resources. The DOJ would have to provide legal counsel to all state boards, agencies and commissions regarding complaints filed pursuant to the bill. The DOJ states it can accomplish this within its current budget.

AGENCIES CONTACTED:

Department of Justice, Judicial Branch, Legislative Branch and Department of State