HB 1240-FN – AS AMENDED BY THE HOUSE
15Feb2006… 0795h
2006 SESSION
10/03
HOUSE BILL 1240-FN
AN ACT establishing the position of state ethics officer.
SPONSORS: Rep. Splaine, Rock 16
COMMITTEE: Executive Departments and Administration
This bill establishes the classified position of state ethics officer for the administration of the state ethics code.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
15Feb2006… 0795h
06-2126
10/03
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Six
AN ACT establishing the position of state ethics officer.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Section; State Agency Code of Ethics; Position Established. Amend RSA 21-G by inserting after section 29 the following new section:
21-G:30 Ethics Officer; Appointment; Duties and Responsibilities.
I. There is established the classified position of state ethics officer who shall be hired by the secretary of state. The state ethics officer shall be administratively attached to the secretary of state.
II. The state ethics officer shall be responsible for the administration of this subdivision. The ethics officer shall:
(a) Review the administrative requirements of this subdivision and the submission of forms pursuant to RSA 21-G:28.
(b) Communicate with all candidates for public office, public officials, and public employees on the administrative requirements of this subdivision and the submission of forms pursuant to RSA 21-G:28.
(c) Respond to any inquiries from candidates for public office, public officials, and public employees on the administrative requirements of this subdivision and the submission of forms pursuant to RSA 21-G:28.
(d) Assist state agencies adopting supplemental ethics codes under RSA 21-G:27.
(e) Make or forward complaints alleging violations of the provisions of the state ethics code to the attorney general or any other committee or commission authorized by statute to investigate ethics complaints for prosecution.
III. The state ethics officer shall not be authorized to render legal advice.
IV. The state ethics officer shall attend meetings of and act as a liaison to the legislative ethics committee, as well as any other ethics committees or commissions established by statute.
V. Any state agency, commission, or committee authorized by statute to issue opinions interpreting a state ethics law shall submit a copy of any written decision or opinion to the state ethics officer and to the secretary of state. Such written decisions or opinions may be redacted prior to submission in order to protect confidential or nonpublic information.
2 Effective Date. This act shall take effect 60 days after its passage.
LBAO
06-2126
11/16/05
HB 1240-FN - FISCAL NOTE
AN ACT establishing the position of state ethics officer.
FISCAL IMPACT:
The Departments of State and Justice state this bill will increase state expenditures by $86,415 in FY 2007, $84,629 in FY 2008, $88,022 in FY 2009, and $91,562 in FY 2010. There will be no fiscal impact on state, county, and local revenue or county and local expenditures.
METHODOLOGY:
The Department of State indicates the ethics officer would be administratively attached to the Department. The position would be a Program Specialist III, and a part-time Clerk III position would be required to support the ethics officer. In addition, leased office space and furniture and equipment would also be required. Assuming benefits at 44% of salary, the estimated fiscal impact is as follows:
FY 2007 FY 2008 FY 2009 FY 2010
Ethics Officer (w/Benefits) $52,734 $55,064 $57,564 $60,174
Clerk III (w/Benefits) 14,321 14,924 15,528 16,160
Office Space 5,000 5,000 5,000 5,000
Furniture and Equipment 5,000 0 0 0
Total Costs $77,055 $74,988 $78,092 $81,334
The Department of Justice states this bill will result in the need to have an attorney provide legal assistance in interpreting and applying the law for the new ethics officer. Assuming 10% of an attorney’s time at an annual salary of $65,000, annual salary increases of 3%, and benefits at 44% of salary, the Department estimates this bill will increase department expenditures by $9,360 in FY 2007, $9,641 in FY 2008, $9,930 in FY 2009, and $10,228 in FY 2010.