RSA 15-B:2 · Definitions

15-B:2 Definitions. – For the purposes of this chapter:

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I.

"Agency" means the executive branch and any department, division, board, commission, or equivalent entity of the executive branch.

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II.

"Constitutional official" means the secretary of state, the state treasurer, their deputies, assistants, and all employees of their departments.

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III.

"Elected official" means the governor, members of the executive council, county commissioners, county sheriffs, county treasurers, county attorneys, registers of deeds, and registers of probate.

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IV.

"Expense reimbursement" shall mean any price, charge, fee, expense, or other cost which is waived, forgiven, reduced, prepaid, or reimbursed in any form for the reasonable expenses of attendance, registration, travel, meals, or lodging related to a bona fide conference, meeting, seminar, or educational or informational program, when the source of such reimbursement is other than the state, a county, or the United States of America.

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V.

(a) "Gift" means:

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(1)

Money in any amount, whether in the form of cash, check or any other negotiable or non-negotiable instrumentality for the transfer of money.

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(2)

Any other tangible thing, intangible thing, service, or the use thereof having more than insignificant economic value. Any such item with a value of less than $25 is presumed to be of insignificant economic value.

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(b)

Notwithstanding subparagraph (a), "gift" shall not include:

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(1)

A political contribution as defined in RSA 664.

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(2)

A commercially reasonable loan, made in the ordinary course of business.

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(3)

Repayment to an elected official, public official, public employee, or constitutional official of a bona fide loan made by such a person.

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(4)

A ceremonial plaque, award, or other commemorative object, which is personally inscribed to the recipient and which has inconsequential economic value. A ceremonial object or award with a value of $150 or less is presumed to be of inconsequential economic value.

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(5)

Objects or services which primarily serve an informational purpose provided in the ordinary course of business, such as reports, books, maps, or charts.

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(6)

Money in any form, an object, or any tangible or intangible thing or service of economic value, where the donor's act of giving is purely private and personal in nature and the money, object, or tangible or intangible thing or service of economic value would have been given and received even if the person were not an elected official, public official, public employee, or constitutional official.

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(7)

Wages, salary, benefits, mileage, or payment for expenses received by the person in his or her regular course of employment or business which is unrelated to the government position held.

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(8)

Wages, salary, benefits, mileage, or payment for expenses paid to the person by the state, a county, or the United States of America related to performance of official duties.

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(9)

Tickets or free admission to a charitable, ceremonial, or political event provided that:

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(A)

The proceeds of the event are subject to the political contributions and expenditure reporting law, RSA 664; or

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(B)

The event is sponsored by a charitable organization that is registered with the division of charitable trusts, department of justice, or which is a charitable organization pursuant to section 501(c)(3) of the federal tax code.

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(10)

Meals, beverages, lodging, or transportation associated with attendance at:

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(A)

Any event for which the primary significance is ceremonial or celebratory, provided the event is public or, if by invitation only, is planned to have an attendance greater than 50 people; or

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(B)

Any event where the person is attending in an official capacity representing the state or the agency of which the person is a member.

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(11)

Expense reimbursement or an honorarium.

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(12)

Meals and beverages consumed at a meeting or event, the purpose of which is to discuss official business.

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(13)

Monetary or non-monetary awards or recognition issued under the suggestion and extraordinary service award program under RSA 99-E.

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VI.

"Honorarium" means a payment in any form to an elected official, public official, public employee, or constitutional official for an appearance, speech, written article or other document, service as a consultant or advisor, or participation in a discussion group or similar activities. Honorarium does not include a payment for such activities for which the person is being compensated by the state, a county, the United States of America, or any other employer or client, where the activity giving rise to the honorarium is not related to or associated with any public office or government employment.

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VII.

"Family member" shall mean any person related to and living in the same domicile as the elected official, public official, public employee, or constitutional official who shares a common economic interest in the expenses of daily living, including, but not limited to, a spouse, child, or parent.

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VIII.

"Public employee" means any person, including but not limited to a classified or non-classified employee or volunteer, who conducts state business on behalf of the governor, any executive branch official, or agency.

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IX.

"Public official" means a commissioned, unclassified, or nonclassified executive branch employee, but shall not include any commissioned, unclassified, or nonclassified employee elected by the legislature.

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X.

"Value" means the amount at which property or services would change hands between a willing buyer and a willing seller when neither is under any compulsion to buy or sell and both have reasonable knowledge of the relevant facts. Source. 2006, 21:9. 2007, 354:2-4. 2008, 89:1. 2009, 203:6, eff. Sept. 13, 2009. 2016, 328:11, eff. Dec. 7, 2016.

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