Struck = removed from the bill ·
added = the amendment's new text.
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,Hill, Rock.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,8 Hills.Amend the bill by replacing all after the enacting clause with the following:
42;1 New Section;
Rep.Independent Services;
Soti,Entities Rock.Offering Lobbying and Non-Lobbying Services.
35Amend COMMITTEE:RSA 15 by inserting after section 15:1 the following new section:
Legislative15:1-a AdministrationIndependent ─────────────────────────────────────────────────────────────────Lobbying ANALYSIS This bill regulates the use of public funds for lobbying activities and establishesNon-Lobbying certainServices. additional enforcement mechanisms.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 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 Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.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RSA 15:5 is repealed and reenacted to read as follows: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.
InAny thisentity section,required "publicto funds"register meansunder aRSA grant15:1 orthat appropriationoffers 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 alobbying state,services, county,shall town,establish city,an villageindependent district,services unincorporatedfee place,schedule orfor schooleach district.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.
NoAn publicentity fundsoffering shallany benon-lobbying usedservices toshall lobby,offer attempt to influencea legislation,potential participate in political activity, or contributeactual fundsclient toan anyindependent entityservices forcontract. the purpose of engaging in the same.
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.
AnyAn recipiententity of public funds that wishesat tothe engagesame intime anycontracts ofto theprovide activitiesboth whichlobbying wouldand requirenon-lobbying registrationservices asto a lobbyistclient under RSA 15:1, shall segregateexecute public funds in such a mannersingle thatcontract such funds are physically and financially separate from any other funds that may be used for anyboth types of theseservices. purposes.
MereWhen bookkeepingany separationcontract ofis not for activities specified in RSA 15:5, the publicentity fundsis specifically exempt from otherRSA monies15:5 shallfund notsegregation berequirements sufficient.with regard to that contract.
Amendment to HB 1479-FN - Page 2 - IV.
IfWhere ana entitycontract engagesprovides infor aneither activitylobbying prohibitedservices inonly, paragraphor II,lobbying aand taxpayernon-lobbying orservices, residentthe ofentity thisproviding statethe isservices entitledshall disclose to appropriatethe injunctiveclient reliefin writing, to preventbe furthersigned activityby prohibitedthe byclient, that paragraphno andstate funds may be used to preventpurchase furtherservices paymentto oflobby publicor fundsattempt relatedto influence legislation, participate in political activity, or contribute funds to thatany activity.entity engaged in these activities.
AAdditionally, taxpayer or resident who prevails in such an action is entitled to recover from the entity theshall taxpayer’sreport orthe resident’sdisclosure reasonableas attorney'srequired feesby andRSA costs15:6, incurredV(i). in bringing the action.
V.2 Segregation of Funds;
NotwithstandingWritten anyNotice 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 personallyExemption. 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.
VI.Amend RSA 15:5 to read as follows:
A15:5 knowingProhibited violationActivities. of this section is grounds for discharge of an employee.
VII.I.
NothingNo recipient of a grant or appropriation of state funds may use the state funds to lobby or attempt to influence legislation, participate in thispolitical sectionactivity, shallor becontribute construedfunds to limitany anentity entity'sengaged abilityin 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 providethe informationclient, whichin doeswriting, notand advocatethe forclient orshall againstsign politicalthe candidatesdisclosure orand legislation.shall report the disclosure as required by RSA 15:6.
2II. Applicability.
ThisAny actrecipient appliesof onlya togrant an expenditure or paymentappropriation of publicstate funds asthat definedwishes to engage in RSAany 15:5,of I,the thatactivities isprohibited madein onparagraph I, or aftercontribute thefunds effectiveto dateany ofentity thisengaged act,in includingthese anactivities, expenditureshall orsegregate paymentthe ofstate public funds in such a manner that issuch madefunds underare aphysically contractand enteredfinancially intoseparate before,from on,any ornon-state afterfunds thethat effectivemay datebe used for any of thisthese act.purposes.
3Mere Effectivebookkeeping Date.separation of the state funds from other moneys shall not be sufficient.
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.
LBAAmendment 24-2781to 11/29/23 HB 1479-FN-1479-FN FISCAL- NOTEPage AS3 INTRODUCED- AN2024-0982h ACTAMENDED relativeANALYSIS toThis prohibitingbill: the use of federal, state, or local funds for lobbying activities.
FISCALI. IMPACT:
[Requires Xlobbying ]entities Stateto [offer Xindependent ]lobbying Countyand [non-lobbying Xservices. ] 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:
ThisII. bill adds, deletes, or modifies a criminal penalty, or changes statute to which there is a penalty for violation.
Therefore,Requires thislobbying billentities mayto havesecure anfund impactsegregation ondisclosures thefrom judicialcertain andclients correctional systems, which could affect prosecution, incarceration, probation, and paroleaffirm costs,those fordisclosures. the state, as well as county and local governments.
AIII. summary of such costs can be found at:
https://gencourt.state.nh.us/lba/Budget/Fiscal_Notes/JudicialCorrectionalCosts.pdfAllows Thelobbying billentities alsoto report different statement information where a contract provides for civilonly remedies.non-lobbying services.
ThereIV. 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:
SuperiorSpecifically Courtexempts FYclients 2024with FYnon-lobbying 2025service Complexcontracts Civilfrom Casehaving $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 Reopensegregate $160funds. AGENCIES CONTACTED:
Judicial Branch, Judicial Council, Department of Justice, Department of Corrections, New Hampshire Association of Counties, and New Hampshire Municipal Association