TITLE I
THE STATE AND ITS GOVERNMENT

Chapter 14-C
GIFTS, HONORARIUMS, AND EXPENSE REIMBURSEMENTS REQUIREMENTS FOR LEGISLATORS AND LEGISLATIVE EMPLOYEES

Section 14-C:1

    14-C:1 Purpose. – The purpose of this chapter is to ensure that persons charged with carrying out the duties and activities of the legislative branch of state government do so in an atmosphere that supports the independent judgment of such persons and minimizes the opportunity for inappropriate influence by persons or organizations subject to or likely to become subject to or interested in any matter or action pending in the legislative branch. To that end, this chapter defines gifts that may not be given to, solicited by, or accepted by persons subject to the provisions of the chapter and establishes requirements for the reporting of honorariums, expense reimbursements, and certain other receipts. This chapter shall be liberally construed to effect this purpose.

Source. 2016, 328:9, eff. Dec. 7, 2016.

Section 14-C:2

    14-C:2 Definitions. –
In this chapter:
I. "Ceremonial event" means an event held by a recognized civic organization to present awards.
II. "Charitable event" means an event 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 Internal Revenue Code held for the purpose of raising charitable donations.
III. "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, cultural, or informational program, or an event to which the recipient is invited in his or her official capacity as a representative of the senate or the house of representatives of which the recipient is a member. "Expense reimbursement" shall not include any expense reimbursement made by the general court to a legislator, legislative officer, or legislative employee.
IV. (a) "Gift" means:
(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.
(2) Any other tangible thing, intangible thing, service, or the use thereof having an individual value of greater than $50. For purposes of this section, "service" shall not include acceptance of legal services on an individual basis when the legislator enters into an attorney-client relationship with the attorney for the purposes of addressing a complaint or petition if the attorney is not a registered lobbyist.
(3) Multiple tangible things, intangible things, services, or the use thereof having an individual value $50 or less with an aggregate value greater than $250 from any single source during any calendar year.
(b) Notwithstanding subparagraph (a), "gift" shall not include:
(1) A political contribution as defined in RSA 664.
(2) A commercially reasonable loan, made in the ordinary course of business.
(3) Repayment to a legislator or legislative employee of a bona fide loan made by such a person.
(4) A ceremonial plaque, award, or other commemorative object, which is personally inscribed to the recipient and which has a value of $150 or less.
(5) Objects or services which primarily serve an informational purpose provided in the ordinary course of business, such as reports, books, maps, or charts.
(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 a legislator or legislative employee.
(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 legislative position held.
(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.
(9) Tickets or free admission from any source to a political, charitable, or ceremonial event provided that acceptance of any tickets or free admission as permitted by this subparagraph shall be limited to $250 in the aggregate from any single source during any calendar year and:
(A) The proceeds of the event are subject to the political contributions and expenditure reporting law, RSA 664, or the Federal Election Campaign Act of 1971 as amended, provided that the recipient reports the source of the tickets or free admission pursuant to RSA 14-C:4; or
(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 Internal Revenue Code, provided that the recipient reports the source of the tickets or free admission pursuant to RSA 14-C:4; or
(C) The event is primarily ceremonial or celebratory in nature and is public or, if by invitation only, is planned to have an attendance greater than 50 people, provided that the recipient reports the source of the tickets or free admission pursuant to RSA 14-C:4; or
(D) The event is published as an event open for attendance by any legislator or legislative employee in the calendar of the senate or the house of representatives.
(10) An expense reimbursement.
(11) An honorarium.
(12) Meals and beverages having a value of more than $50 consumed at a meeting or event, the purpose of which is to discuss official business, provided that acceptance of such meals and beverages as permitted by this subparagraph shall be reported pursuant to RSA 14-C:4 and limited to $250 in the aggregate from any single source during any calendar year.
(13) Monetary or non-monetary awards or recognition issued under the suggestion and extraordinary service award program under RSA 99-E.
(14) Any expense reimbursements made by the general court to a legislator, legislative officer, or legislative employee.
(15) Gifts, grants, or donations to legislative employees or legislative officers for the underwriting of expenses associated with an official meeting, conference, or event of a state or national legislative association to which the general court pays dues and which includes among its membership the New Hampshire general court, officers, or staff.
V. "Honorarium" means a payment in any form to a legislator or legislative employee 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 legislative office or employment.
VI. "Household member" shall mean any person living in the same domicile as the legislator or legislative employee, who shares a common economic interest in the expenses of daily living, including, but not limited to, a spouse, child, or parent.
VII. "Legislative employee" means any person employed by the legislative branch.
VIII. "Legislator" means a member of the general court.
IX. "Official business" means the discussion or transaction of legislative business, namely, any official action or non-action with regard to any potential pending or existing bill, resolution, amendment, report, or study, any other matter pending or proposed in a committee or in either body of the general court, or an issue of public policy which is or may be the subject of legislative attention, or any other matter which is within the official jurisdiction or cognizance of the general court.
X. "Political event" means an event of any kind or nature including, but not limited to, receptions, breakfasts, luncheons, dinners, dances, testimonials, or picnics, held for the sole purpose of raising political contributions.
XI. "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. 2016, 328:9, eff. Dec. 7, 2016. 2018, 314:2-4, eff. Aug. 24, 2018. 2019, 206:1, eff. July 12, 2019.

Section 14-C:3

    14-C:3 Prohibition on Gifts; Duty to Report. –
I. It shall be unlawful to knowingly give any gift as defined in this chapter, directly or indirectly, to any legislator or legislative employee.
II. It shall be unlawful to knowingly give any gift as defined in this chapter, directly or indirectly, to any household member, as defined in this chapter, of any legislator or legislative employee, with a purpose of influencing or affecting the official conduct of such legislator or employee.
III. (a) It shall be unlawful for any legislator or legislative employee to solicit or to knowingly accept, directly or indirectly, any gift, as defined in this chapter, or to fail to meet the reporting requirements of this chapter.
(b) The prohibition in subparagraph (a) shall not apply to legislative employees or officers who solicit or accept gifts, grants, or donations on behalf of an official meeting, conference, or event held within the state of New Hampshire of a state or national legislative association to which the general court pays dues and which includes among its membership the New Hampshire general court, officers, or staff. Any legislative employee or officer who receives gifts, grants, or donations pursuant to this subparagraph shall disclose the source and amount of any gift, grant, or donation to the office of the secretary of state.
IV. Under no circumstances shall the prohibitions in this section be nullified by filing an honorarium or expense reimbursement report pursuant to RSA 14-C:4 or a declaration of intent under the guidelines enforced by the legislative ethics committee.

Source. 2016, 328:9, eff. Dec. 7, 2016. 2019, 206:2, eff. July 12, 2019.

Section 14-C:4

    14-C:4 Duty to Report and Reporting Deadlines. –
I. A legislator or legislative employee who receives an honorarium, expense reimbursement, or tickets or free admission with a value of greater than $50 to a political, charitable, or ceremonial event under RSA 14-C:2, IV(b)(9)(A), (B), or (C) shall file a report with the secretary of state no later than the last day of the month following the month during which the honorarium or expense reimbursement or tickets or free admission was received.
II. A legislator or legislative employee who consumes meals or beverages with a value of greater than $50 at a meeting or event the purpose of which is to discuss official business pursuant to RSA 14-C:2, IV(b)(12) shall file a report with the secretary of state no later than 10 days following the meeting or event at which the meals or beverages were consumed, which report shall be established by the secretary of state, shall be public, and shall contain the same information and affirmations required under RSA 14-C:5.
III. A legislative employee or legislative officer who solicits or accepts gifts, grants, or donations for the underwriting of expenses associated with holding an official meeting, conference, or event of a state or national legislative association to which the general court pays dues, and which includes among its membership the New Hampshire general court, officers, or staff, under RSA 14-C:2, IV(b)(15), shall file a report with the secretary of state no later than the last day of the month following the month during which the official meeting, conference, or event was held. Such report shall include an itemized listing of all individuals, corporations, or other entities from whom the legislative employee or legislative officer received a donation, the value of the donation, date received, and name of the legislative association benefiting from the donation. The report shall be established by the secretary of state, shall be public, and shall contain the same information and affirmations required under RSA 14-C:5.

Source. 2016, 328:9, eff. Dec. 7, 2016. 2019, 206:3, eff. July 12, 2019.

Section 14-C:5

    14-C:5 Form Established by the Secretary of State. –
The secretary of state shall establish a form for reporting of receipt of an honorarium or expense reimbursement, or other such report required by this chapter, which may be in paper or electronic form.
I. The report shall include at a minimum the following information, which shall be public:
(a) The full name, work address, work phone number, and office, appointment, or employment held by the person subject to the reporting requirement.
(b) The full name, post office address, occupation, and principal place of business, if any, of the source of any reportable honorarium or expense reimbursement. When the source is a corporation or other entity, the name and work address of the person representing the corporation or entity in making the honorarium or expense reimbursement shall be provided in addition to the name of the corporation or entity.
(c) The value of the honorarium or expense reimbursement. When the exact value is unknown, the person filing the report shall provide an estimate of the value of the gift or honorarium and identify the value as an estimate.
(d) A brief description of the service or event that gave rise to the honorarium or expense reimbursement. Reports of expense reimbursement or honorariums shall include a copy of the agenda or an equivalent document which addresses the subjects addressed and the time schedule of all activities at the event. To the extent practicable, the recipient shall report the names of the sponsors of activities in cases where they are not indicated on the agenda or equivalent document.
(e) The date on which the honorarium or expense reimbursement was received.
(f) The following statement followed by a line for the person filing the form to sign and date the form: "I have read RSA 14-C and hereby swear or affirm that the foregoing information is true and complete to the best of my knowledge and belief."
II. The secretary of state may also require information such as home phone numbers, home addresses, and other information helpful to the administration and enforcement of laws relating to honorariums or expense reimbursements. The information provided under this paragraph shall be nonpublic and shall not be subject to the provisions of RSA 91-A.

Source. 2016, 328:9, eff. Dec. 7, 2016.

Section 14-C:6

    14-C:6 Forms; Place of Filing. – The secretary of state shall furnish all forms required under this chapter. All persons filing a report under this chapter shall file with the secretary of state. The reports shall be held in the original form for 6 years from the date of filing, after which time they may be destroyed. The public information on the forms shall be available to the public in the form of a photocopy or an electronic record. The secretary of state shall, as soon as is practical, implement an electronic record keeping system that makes the public information in the reports required by this chapter available to the public through the Internet.

Source. 2016, 328:9, eff. Dec. 7, 2016.

Section 14-C:7

    14-C:7 Penalty. – Any person who knowingly fails to comply with the provisions of this chapter or knowingly files a false report shall be guilty of a misdemeanor. 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).

Source. 2016, 328:9, eff. Dec. 7, 2016.

Section 14-C:8

    14-C:8 Examination of Reports. – It shall be the duty of the attorney general to examine the reports which are made under this chapter to the secretary of state and to compel such returns be made to comply with the law.

Source. 2016, 328:9, eff. Dec. 7, 2016.

Section 14-C:9

    14-C:9 Limitations. –
This chapter shall not be construed to:
I. Prevent receptions, breakfasts, luncheons, dinners, dances, or picnics or like events from being held for the sole purpose of raising political contributions, provided such contributions comply with and are reported as required by RSA 664 or the Federal Election Campaign Act of 1971, as amended.
II. Prohibit gifts or expense reimbursements made to the state of New Hampshire and accepted in accordance with the law.

Source. 2016, 328:9, eff. Dec. 7, 2016.

Section 14-C:10

    14-C:10 Severability. – If any provision of this chapter or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are declared to be severable.

Source. 2016, 328:9, eff. Dec. 7, 2016.