Gift Made with Intent to Influence

No current state statute or regulation falls under the category of “Gift Made with Intent to Influence.”

Extra Compensation for Official Duties

No current state statute or regulation falls under the category of “Extra Compensation for Official Duties.”

Gift Regardless of Giver Status

15-B:3 Prohibition on Gifts

  1. It shall be unlawful to knowingly give any gift as defined in this chapter, directly or indirectly, to any elected official, public official, public employee, or constitutional official.
  2. It shall be unlawful to knowingly give any gift as defined in this chapter, directly or indirectly, to any family member, as defined in this chapter, of any elected official, public official, public employee, or constitutional official with a purpose of influencing or affecting the official conduct of such official or employee.
  3. No elected official, public official, public employee, or constitutional official shall knowingly accept, directly or indirectly, any gift, as defined in this chapter.

N.H. Rev. Stat. Ann. § 15-B:3.

14-C:3 Prohibition on Gifts; Duty to Report

  1. It shall be unlawful to knowingly give any gift as defined in this chapter, directly or indirectly, to any legislator or legislative employee.
  2. 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.
    1. (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.
    2. (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.
  4. 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.

N.H. Rev. Stat. Ann. § 14-C:3.

Gift from Lobbyist or Regulated Entity

640:5 Gifts to Public Servants

A person is guilty of a misdemeanor if:

  1. Being a public servant he solicits, accepts or agrees to accept any pecuniary benefit from a person who is or is likely to become subject to or interested in any matter or action pending before or contemplated by himself or the governmental body with which he is affiliated; or
  2. He knowingly gives, offers, or promises any pecuniary benefit prohibited by paragraph I.

N.H. Rev. Stat. Ann. § 640:5.

15-B:4 Limitation on Receipt of an Honorarium.

No public official or public employee shall accept an honorarium from a person who is subject to or likely to become subject to or interested in any matter or action pending before, or contemplated by, the public official, public employee, or the governmental body with which that person is affiliated.

N.H. Rev. Stat. Ann. § 15-B:4.

Definitions and Exceptions

Exceptions

An elected official, public official, public employee, or constitutional official may accept expense reimbursement for the reasonable expenses for attendance, registration, travel, meals, and lodging for a bona fide conference, meeting, seminar, or educational or informational program which the person attends and that is related to the office, position, or employment held with the state or county, provided that the person attaches to the disclosure report a copy of the agenda or an equivalent document which discloses the subjects addressed and the time schedule of all activities at the event. This provision shall not be construed to require reporting of an expense reimbursement made by an organization to which the state or county pays dues, when the prepayment, underwriting or reimbursement is provided because of the dues paid.

N.H. Rev. Stat. Ann. § 15-B:5.

“Expense Reimbursement,” “Gift,” and “Honorarium” Defined Under 15-B:2 Definitions

For the purposes of this chapter:

. . .

I. “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 or informational program, when the source of such reimbursement is other than the state, a county, or the United States of America.

II.

    1. (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 more than insignificant economic value. Any such item with a value of less than $25 is presumed to be of insignificant economic value.
    2. (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 an elected official, public official, public employee, or constitutional official 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 inconsequential economic value. A ceremonial object or award with a value of $150 or less is presumed to be of inconsequential economic value.
      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 an elected official, public official, public employee, or constitutional official.
      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 government 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 to a charitable, ceremonial, or political event provided that:
        1. (A) The proceeds of the event are subject to the political contributions and expenditure reporting law, RSA 664; or
        2. (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 federal tax code.
      10. Meals, beverages, lodging, or transportation associated with attendance at:
        1. (A) Any event for which the primary significance is ceremonial or celebratory, provided the event is public or, if by invitation only, is planned to have an attendance greater than 50 people; or
        2. (B) Any event where the person is attending in an official capacity representing the state or the agency of which the person is a member.
      11. Expense reimbursement or an honorarium.
      12. Meals and beverages consumed at a meeting or event, the purpose of which is to discuss official business.
      13. Monetary or non-monetary awards or recognition issued under the suggestion and extraordinary service award program under RSA 99-E.
    3. “Honorarium” means a payment in any form to an elected official, public official, public employee, or constitutional official 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 public office or government employment.

N.H. Rev. Stat. Ann. § 15-B:2(IV), (V), (VI).

“Expense Reimbursement,” “Gift,” and “Honorarium” Defined Under 14-C:2 Definitions

IV. “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.

    1. (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.
    2. (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:
        1. (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
        2. (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
        3. (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
        4. (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.

N.H. Rev. Stat. Ann. § 14-C:2(III)-(V).

Notes/Resources

Resource(s)

Navigating New Hampshire’s Ethics Laws (Updated March 25, 2009)

Summary – Code of Ethics, Gifts and Financial Statements

Learn more about state gift laws