New Hampshire Legislative Service Requests (LSR's)

HB 1666-FN - AS INTRODUCED

2024 SESSION

24-2650

12/05

HOUSE BILL 1666-FN

AN ACT relative to income reporting requirements for lobbyists.

SPONSORS: Rep. Potenza, Straf. 19; Rep. Read, Rock. 10; Rep. Wheeler, Hills. 33; Rep. Booras, Hills. 8; Rep. Sellers, Graf. 18; Rep. Mazur, Hills. 44; Rep. Wherry, Hills. 13; Rep. Thackston, Ches. 12; Rep. Post, Hills. 42; Rep. Terry, Belk. 7

COMMITTEE: Legislative Administration

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ANALYSIS

This bill requires lobbyists to identify clients and income received from lobbying activity. The bill also authorizes the secretary of state to enforce lobbyist statement requirements.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

24-2650

12/05

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Twenty Four

AN ACT relative to income reporting requirements for lobbyists.

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

1 Lobbyists Statements; Financial Disclosure. Amend RSA 15:6, V(h) to read as follows:

(h) In addition to any filing and reporting requirements in this section, each lobbyist shall file with the secretary of state a single clear, concise, and accurate financial disclosure statement detailing:

(1) The name, addresses, and contact numbers of the lobbyist.

(2) The names of each client of the lobbyist and the amount of consideration paid to such lobbyist by each client.

(3) The amount, dates received, and source of all income earned by the lobbyist in the prior calendar year in excess of $5,000 for lobbying activity whether paid directly by the client, the employer or other third party.

(i) The following statement followed by a line for each person filing the form to sign and date the form: "I have read RSA 15, RSA 15-B, RSA 14-C, and RSA 664 and hereby swear or affirm that the foregoing information is true and complete to the best of my knowledge and belief."

2 Lobbyists; Examination of Statements of Fees and Expenditures. Amend RSA 15:9 to read as follows:

15:9 Examination of Statements of Fees and Expenditures.

I. It shall be the duty of the attorney general to examine the statements of fees and expenditures which are made under this chapter to the secretary of state and to compel such returns be made to comply with the law.

II. The secretary of state shall have all powers specifically granted or reasonably implied in order to perform the substantive responsibilities imposed by this chapter. Notwithstanding any other provision of law, the secretary of state shall have authority and jurisdiction in consultation with the attorney general to investigate and impose penalties for violations of this chapter, including, but not limited to:

(a) Notices.

(b) Fines.

III. If lobbyist statements are not filed within 10 days of the deadlines established in this chapter the secretary of state shall notify the lobbyist in writing that may be sent electronically in a form substantially similar to the following:

(a) The statement required by RSA 15:6 is late;

(b) Failure to immediately comply with RSA 15:6 will result in the revocation of their registration as a lobbyist and expose them to the risk of being fined for each day of noncompliance;

(c) Pursuant to RSA 15:8, whoever violates any provision of this chapter shall be guilty of a misdemeanor if a natural person, or guilty of a felony if any other person;

(d) Whoever shall make and file any statement under RSA 15 which is to his or her knowledge false shall be deemed guilty of perjury and punished accordingly.

3 Effective Date. This act shall take effect January 1, 2025.

LBA

24-2650

12/11/23

HB 1666-FN- FISCAL NOTE

AS INTRODUCED

AN ACT relative to income reporting requirements for lobbyists.

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


Estimated State Impact - Increase / (Decrease)
	FY 2024	FY 2025			FY 2026			FY 2027
Revenue	$0	Indeterminable Increase			Indeterminable Increase			Indeterminable Increase
Revenue Fund	General Fund
Expenditures	$0		Indeterminable Increase $35,500+			Indeterminable Increase $37,000+		Indeterminable Increase $38,500+
Funding Source	General Fund
Appropriations	$0			$0			$0		$0
Funding Source	None


Estimated Political Subdivision Impact - Increase / (Decrease)
	FY 2024			FY 2025			FY 2026		FY 2027
County Revenue	$0			$0			$0		$0
County Expenditures	Indeterminable
Local Revenue	$0			$0			$0		$0
Local Expenditures	Indeterminable

METHODOLOGY:

This bill requires lobbyists to identify clients and income received from lobbying activity. The bill also authorizes the secretary of state to enforce lobbyist statement requirements.

The Department of State indicates the requirements of this bill, specifying that the Secretary of State must notify lobbyists who haven't submitted their statements within 10 days of the deadline. Additionally, it grants the Secretary of State, in collaboration with the Attorney General, the power to conduct investigations and impose penalties, such as fines or revocation of registrations, for any infractions. The Secretary of State states it lacks adequate staffing to oversee lobbyist filings for potential violations or conduct investigations. To effectively manage this, the Department would require, at a minimum, the hiring of a part-time investigator at a Labor Grade 28, Step 1, with a starting salary of $35,500 for FY 2025, $37,000 for FY 2026, and $38,500 for FY 2027. Additionally, the Department is unable to estimate the fiscal impact or extent of potential violations resulting from this bill.

This bill adds, deletes, or modifies a criminal penalty, or changes statute to which there is a penalty for violation. Therefore, this bill may have an impact on the judicial and correctional systems, which could affect prosecution, incarceration, probation, and parole costs, for the state, as well as county and local governments. A summary of such costs can be found at: https://gencourt.state.nh.us/lba/Budget/Fiscal_Notes/JudicialCorrectionalCosts.pdf

AGENCIES CONTACTED:

Department of State, Judicial Branch, Judicial Council, Department of Justice, Department of Corrections, New Hampshire Association of Counties, and New Hampshire Municipal Association