E-ZPass Not 'Prohibited Gifts' for Lawmakers

E-ZPass transponders given to state lawmakers are not "prohibited gifts" when used in vehicles with legislative license plates, according to the Legislative Ethics Committee.

The committee issued the advisory opinion Aug. 2 at the request of state Rep. Frank V. Sapareto (R-Derry). He flagged it after the hubbub over lawmakers getting free skiing at Cannon Mountain, the state ski area in Franconia.

Sapareto questioned a "ruling on the $30 plus E-ZPass that is given as a gift to legislators," based on state law, RSA 15–B:2.

The Ethics Committee determined the complimentary transponders from the state Department of Transportation are not the same as regular transponders, in that they are classified as "non-revenue transponders," which are not valid for electronic tolls outside New Hampshire. Members of the New Hampshire Legislature, with their legislative plate, are granted toll exemption.

The Legislative Ethics Committee concluded, in part:

"Thus, the transponders merely expedite the free toll gate passage for legislators mandated by statute, rather than providing anything else of value. This is especially true because the non-revenue transponders may be used only in eligible vehicles, and do not work except in New Hampshire. Unlike the free ski pass program we addressed in AO 2011-4, non-revenue transponders add nothing of value that is not directly authorized by statute. To treat them as 'gifts' prohibited by RSA 15–B:3, would disregard that authority."