Amendment vs bill Amendment #2024-0982h vs latest version

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HB 1479-FN - AS INTRODUCED SESSION 24-2781 12/05 HOUSE BILL 1479-FN AN ACT relative to prohibiting the use of federal, state, or local funds for lobbying activities.
SPONSORS:
Yokela, Rock.
Hill, Merr.
32;
2 March 6, 2024 2024-0982h 11/05 Amendment to HB 1479-FN Amend the title of the bill by replacing it with the following:
Rep.
3 AN ACT requiring lobbying entities to offer independent lobbying and non-lobbying services, secure fund segregation disclosures from certain clients and affirm those disclosures, and report different statement information where a contract provides for only non- lobbying services.
Ammon, Hills.
8 Amend the bill by replacing all after the enacting clause with the following:
42;
1 New Section;
Rep.
Independent Services;
Soti, Rock.
Entities Offering Lobbying and Non-Lobbying Services.
35 COMMITTEE:
Amend RSA 15 by inserting after section 15:1 the following new section:
Legislative Administration ───────────────────────────────────────────────────────────────── ANALYSIS This bill regulates the use of public funds for lobbying activities and establishes certain additional enforcement mechanisms.
15:1-a Independent Lobbying and Non-Lobbying Services.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 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 Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
HB 1479-FN - AS INTRODUCED 24-2781 12/05 STATE OF NEW HAMPSHIRE In the Year of Our Lord Two Thousand Twenty Four AN ACT relative to prohibiting the use of federal, state, or local funds for lobbying activities.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Lobbyists;
Prohibited Activities.
RSA 15:5 is repealed and reenacted to read as follows:
15:5 Prohibited Lobbyist Activities.
In this section, "public funds" means a grant or appropriation of a state, county, town, city, village district, unincorporated place, or school district.
Any entity required to register under RSA 15:1 that offers both lobbying services and non- lobbying services, including legislation-related research, market analysis, strategy coaching, and tracking, and other legislation-related services that do not include the activities of lobbying services, shall establish an independent services fee schedule for each non-lobbying and lobbying service, and draft a full description of each service.
For the purposes of this section, "lobbying services" shall constitute lobbying as described in RSA 15:1, II(a) and (b), attempting to influence legislation, participating in political activity, or contributing funds to any entity for the purpose of engaging in the same.
No public funds shall be used to lobby, attempt to influence legislation, participate in political activity, or contribute funds to any entity for the purpose of engaging in the same.
An entity offering any non-lobbying services shall offer to a potential or actual client an independent services contract.
No entity shall require a potential or actual client to purchase a services bundle or require payment under a tiered payment arrangement in order to purchase any non-lobbying service.Additionally, no entity shall predicate the purchase of any non-lobbying service on the purchase of another lobbying or non-lobbying services.
A fee for any service shall be based on an hourly or flat fee in line with the market value of that particular, independent service.
No entity may charge or attempt to collect fair share fees or agency fees from any client, or the clients' members or residents, regardless of the services contracted for.
Any recipient of public funds that wishes to engage in any of the activities which would require registration as a lobbyist under RSA 15:1, shall segregate public funds in such a manner that such funds are physically and financially separate from any other funds that may be used for any of these purposes.
An entity that at the same time contracts to provide both lobbying and non-lobbying services to a client shall execute a single contract for both types of services.
Mere bookkeeping separation of the public funds from other monies shall not be sufficient.
When any contract is not for activities specified in RSA 15:5, the entity is specifically exempt from RSA 15:5 fund segregation requirements with regard to that contract.
IV.
Amendment to HB 1479-FN - Page 2 - IV.
If an entity engages in an activity prohibited in paragraph II, a taxpayer or resident of this state is entitled to appropriate injunctive relief to prevent further activity prohibited by that paragraph and to prevent further payment of public funds related to that activity.
Where a contract provides for either lobbying services only, or lobbying and non-lobbying services, the entity providing the services shall disclose to the client in writing, to be signed by the client, that no state funds may be used to purchase services to lobby or attempt to influence legislation, participate in political activity, or contribute funds to any entity engaged in these activities.
A taxpayer or resident who prevails in such an action is entitled to recover from the entity the taxpayer’s or resident’s reasonable attorney's fees and costs incurred in bringing the action.
Additionally, the entity shall report the disclosure as required by RSA 15:6, V(i).
V.
2 Segregation of Funds;
Notwithstanding any other provision of law, any person who knowingly authorizes spending of public funds in violation of this section shall be shall be guilty of a Class A misdemeanor and personally liable for an amount equal to 3 times the amount wrongfully paid or expended, divided equally to the county, town, city, village district, unincorporated place, or school district which provided the grants or appropriations.
Written Notice and Exemption.
VI.
Amend RSA 15:5 to read as follows:
A knowing violation of this section is grounds for discharge of an employee.
15:5 Prohibited Activities.
VII.
I.
Nothing in this section shall be construed to limit an entity's ability to provide information which does not advocate for or against political candidates or legislation.
No recipient of a grant or appropriation of state funds may use the state funds to lobby or attempt to influence legislation, participate in political activity, or contribute funds to any entity engaged in these activities.As part of any contract that includes the aforementioned activities, the contracting entity shall disclose the prohibitions in paragraphs I and II to the client, in writing, and the client shall sign the disclosure and shall report the disclosure as required by RSA 15:6.
2 Applicability.
II.
This act applies only to an expenditure or payment of public funds as defined in RSA 15:5, I, that is made on or after the effective date of this act, including an expenditure or payment of public funds that is made under a contract entered into before, on, or after the effective date of this act.
Any recipient of a grant or appropriation of state funds that wishes to engage in any of the activities prohibited in paragraph I, or contribute funds to any entity engaged in these activities, shall segregate the state funds in such a manner that such funds are physically and financially separate from any non-state funds that may be used for any of these purposes.
3 Effective Date.
Mere bookkeeping separation of the state funds from other moneys shall not be sufficient.
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A recipient that contracts solely for non-lobbying services under RSA 15:1-a is exempt from this section's fund segregation requirements with regard to that contract.
3 New Paragraph;
Statements;
Exemption.
Amend RSA 15:6, V by inserting after paragraph V the following new paragraph:
V-a.
An entity that contracts with a client to provide only non-lobbying services under RSA 15:1-a is exempt from all reporting requirements of RSA 15:6, V(d) except the full name and business address of the client and the scope of the non-lobbying services being paid for.
4 New Subparagraph;
Statements;
Disclosure of Segregation Requirement.
Amend RSA 15:6, V by inserting after subparagraph (h) the following new subparagraph:
(i) An affirmation that a reporting entity hired for activities specified in RSA 15:5, I has received the required disclosure.
5 Effective Date.
LBA 24-2781 11/29/23 HB 1479-FN- FISCAL NOTE AS INTRODUCED AN ACT relative to prohibiting the use of federal, state, or local funds for lobbying activities.
Amendment to HB 1479-FN - Page 3 - 2024-0982h AMENDED ANALYSIS This bill:
FISCAL IMPACT:
I.
[ X ] State [ X ] County [ X ] Local [ ] None Estimated State Impact - Increase / (Decrease) FY 2024 FY 2025 FY 2026 FY 2027 Revenue $0 $0 $0 $0 Revenue Fund None Expenditures Indeterminable 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:
Requires lobbying entities to offer independent lobbying and non-lobbying services.
This bill adds, deletes, or modifies a criminal penalty, or changes statute to which there is a penalty for violation.
II.
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.
Requires lobbying entities to secure fund segregation disclosures from certain clients and affirm those disclosures.
A summary of such costs can be found at:
III.
https://gencourt.state.nh.us/lba/Budget/Fiscal_Notes/JudicialCorrectionalCosts.pdf The bill also provides for civil remedies.
Allows lobbying entities to report different statement information where a contract provides for only non-lobbying services.
There is no way to predict how many such actions would occur, but the Judicial Branch has provided average cost information for civil cases in the Superior Court:
IV.
Superior Court FY 2024 FY 2025 Complex Civil Case $1,321 $1,347 Routine Civil Case $494 $504 Superior Court Fees As of 1/12/2020 Original Entry Fee $280 Third-Party Claim $280 Motion to Reopen $160 AGENCIES CONTACTED:
Specifically exempts clients with non-lobbying service contracts from having to segregate funds.
Judicial Branch, Judicial Council, Department of Justice, Department of Corrections, New Hampshire Association of Counties, and New Hampshire Municipal Association