Personal Financial Disclosure for Legislators: Unique Requirements

NH General Court's Legislative Ethics Committee's Ethics Guidelines

The following information is required of New Hampshire legislators on their annual personal financial disclosure forms:

• Name, address, name and type of professional business or other organization in which a position such as officer, director, associate, partner, proprietor, employee, member or advisor is held from which income earned (including retirement) >$10,000. If income does not qualify, filers must check a box on the form.

The following items are optional: In order to eliminate the need to make individual declarations as conflicts of interest arise, filer may fill out the rest of the form. To do so, filers check boxes next to issues with which they or their spouses have financial interests. ("Financial interest" is defined as "a reasonably foreseeable direct material financial effect, distinguished from its effect on the public generally, on the legislator or his or her spouse.") These issues include, a profession licensed or certified by the state; the New Hampshire Retirement System; businesses regulated by the PUC; the business profits, business enterprise or interest and dividends taxes; health care; insurance; real estate; banking; restaurants and lodging; the sale and distribution of alcoholic beverages; law practice; horse or dog racing; other legal forms of gambling; education; water resources; agriculture; the current land use assessment program; other.

For the checked boxes, the filer must give the nature of the association. If a legislator has not filled out this section of the financial disclosure form and a conflict arises, the legislator may either file an individual conflict-of-interest form within 24 hours of the activity that may generate the conflict or refrain from participating in any related official activity. The individual conflict of interest form should include the names of all entities which might be affected by the activity, the nature of its benefit to the legislator, the nature of any financial interest in the issue, the nature of any relationship which existed, exists or may exist between the legislator and any person or entity which may be affected, any additional information to clearly explain the extent of the conflict.

Chapter 15-B of New Hampshire statutes require legislators to, on a separateseparate form, disclose the name, address, occupation and place of business of each person who gave the legislator a gift or honorarium worth more than $50.

Joint Rules 16.05A

A legislator shall file an annual Declaration of Conflict of Interest form including:

• Businesses having fair market value of $10,000+ in which a legislator holds a position such as director, officer, owner, member, partner or employer.
• General legislative subject areas in which a conflict of interest may arise. Such a conflict could arise when legislative action could cause direct financial benefit to the legislator, his/her spouse or children living in the household, and the benefit or detriment is distinguishable from one that might come to the public at large or other members of the legislator's profession.