relative to legislative ethics.
What changed between versions
The introduced version's definition of 'public at large' (a reasonably large group similarly situated) was removed entirely.
The introduced version's lobbyist-related definitions were removed: the rule that 'organization' means the client rather than the lobbying firm, and the clarification that registering as a lobbyist does not by itself constitute 'substantial influence over the affairs of the organization.'
The definition of 'direct benefit' and 'direct detriment' was moved from RSA 14-C:2 to RSA 14-C:4-a and reworked. The introduced version focused on whether an independent actor intervenes between the legislation and the legislator. The amended version instead requires that (1) the benefit or detriment is not subject to the discretion of an unrelated third party, AND (2) the legislator actively advocated or voted to obtain the positive impact (for benefit) or avoid the negative impact (for detriment). This makes it harder to find a direct conflict.
A new section 14-C:4-b was added creating an exception to recusal requirements. Legislators are not required to recuse from participation in the state operating budget, capital budget, trailer bill, or general revenue bills involving business taxes, meals and rooms tax, tobacco tax, interest and dividends tax, real estate transfer tax, communications services tax, current use tax, statewide property tax, road tolls, income tax, sales tax, capital gains tax, or inheritance tax.
A narrow carve-out was added to the budget exception: it does not apply to amendments to the trailer bill when the amendment concerns solely subject matters as to which the legislator has a conflict of interest.
A new provision allows a legislator who has recused from participation in legislation to still testify before a legislative committee on that legislation, provided they file a written declaration of intent and make a verbal disclosure identifying the conflict before testifying.
