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From: Robert B. Donin
To: President's Administrative Forum
Re: Amendments to New Hampshire Lobbying, Gift and Related Laws -
Our File No. Z10/4042
During its 2006 session, the New Hampshire legislature adopted important
changes to State laws concerning lobbying, gifts to state officials, and
private activities of public officials. (SB-206, Chap. 21 of the Laws of
2006) Several of these changes may affect the College and College
employees. Please review the information below carefully and forward
copies of this memorandum to others in your organization whose College
responsibilities may involve contact with State legislators, members of the
Executive Branch, or officials of administrative agencies.
If your or their College responsibilities do involve contact with State
government, please contact me to discuss whether it is necessary for you to
register with the State or make any changes in College procedure in response to
these amendments.
I. Lobbying
SB-206 significantly expands the definition of "lobbying." As a result
of the amendments, registration as a lobbyist with the secretary of state and
filing of monthly reports are required for any employee whose College
responsibilities involve any of the following activities:
- promoting or opposing legislation pending or proposed before the State
legislature, other than legislation concerning State purchase of goods or
services from Dartmouth.
Note: while direct contact with
members of the State legislature for the purpose of promoting or opposing
legislation clearly constitutes "lobbying," it is unclear whether contact with
officials of State agencies for the same purpose is also covered by the
definition. We are seeking clarification of that issue.
- promoting or opposing any action by the Governor or the Governor and
Council other than State purchase of goods or services from Dartmouth.
- participating in a rulemaking proceeding by a State agency.
Note: informal contact with a State
agency - outside the context of rulemaking - does not constitute
lobbying.
Examples:
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- It is not lobbying for a Dartmouth Medical School administrator to discuss
with State officials the provision of psychiatric services to the State
Hospital.
- It is lobbying for a College employee to contact a State legislator to
advocate for a proposed financial aid bill.
- It is lobbying for a College employee to submit comments on behalf of
Dartmouth in a State Department of Environmental Services ("DES") rulemaking on
wetlands protection.
- It is not lobbying for a College employee to contact a DES official to
advocate for the granting of an environmental permit.
II. Gifts to State Officials
It is unlawful to give a "gift" to a New Hampshire State official or a
member of his or her family unless it is covered by one of the listed
exceptions. A gift is generally defined as (i) money in any amount; or
(ii) any other tangible or intangible thing (including volunteer service)
exceeding $10 in value.
Exceptions include:
- A ceremonial object or award, the value of which is primarily personal and
has inconsequential economic value ($50 or less).
- Objects which primarily serve an informational purpose, provided in the
ordinary course of business.
- Compensation or expense reimbursement paid to the person in his or her
regular course of employment or business which is unrelated to the government
position held.
- Tickets or free admission to a charitable, ceremonial, or political event
provided that the event is sponsored by a charitable organization.
- Food, lodging or transportation for:
- A ceremonial or celebratory event that is open to the public or will be
attended by more than 50 people.
- Any event where the person is attending in an official capacity
representing the State.
- An honorarium or other expense reimbursement, provided that the College is
not "subject to or interested in" any matter pending or expected to come before
the State official or his or her governmental body
Examples:
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- Payment of salary to a Dartmouth employee who is also a member of the State
House of Representatives is not a gift.
- Providing food, lodging or transportation for the Governor to attend a
meeting of the Board of Trustees is not a gift.
- Providing Red Sox tickets to the State Commissioner of DES is a prohibited
gift.
III. Restrictions on Simultaneous Lobbying and
Public Service
Subject to certain exceptions, the amendments prohibit paid or volunteer
State government service by lobbyists and persons employed by entities that
employ lobbyists. Since Dartmouth College is an entity that employs
lobbyists as defined by the statute, College employees may not serve in paid or
volunteer State government service unless their activities fall under one of
the exceptions. Exceptions include:
- appearance before a court or State agency.
- Service in a position subject to appointment by the Governor and
Council.
- Testimony or participation on boards or commissions that are subject to
open meeting or right-to-know laws. (This covers the State legislature
and most State boards or commissions, as well as boards and commissions of
towns, counties and school districts.)
- Volunteer public service related entirely to a ceremonial, celebratory,
historical, or recreational program or event, public health or safety incident
or drill, or consumer protection activity.
Examples:
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- Service by a College employee on the State Public Utilities Commission is
permissible since that commission is subject to the State right-to-know
law.
- Volunteer participation by a College employee in a State simulation of
emergency procedures concerning avian flu is permissible.
- Service by a College employee as a volunteer education adviser to the
Governor is not permissible since it is not covered by any of the
exceptions.
Please let me know if you have any questions.
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