SENATE BILL . . . . . . . NO. 9
Introduced by Senator Bennett of District No. 5
(Referred to the Committee on Ways and Means)

STATE OF NEW HAMPSHIRE

SENATE

In the year of Our Lord
One thousand nine hundred and fifty-seven

AN ACT

relative to public records and proceedings.

Be it Enacted by the Senate and House of Representatives in General Court convened:

1 Public Records. All public records shall at all times be open for a personal inspection of any citizen of the state of New Hampshire and those in custody of such records shall not refuse this privilege to any citizen.

2 Definition. Public records shall mean any written or printed book or paper, any map or plan of the state or of any authority established by the state, or of any county, district, school district, precinct, city or town, or any sub-division thereof, which is supported wholly or in part by public funds, which is the property thereof, and in or on which any entry has been made or is required to be made by law, or which any officer or employee of the state or of any authority established by the state, or of a county, district, school district, precinct, city or town or sub-division thereof, which is supported wholly or in part by public funds, has received, or is required to receive, for filing, and any minutes, book, paper, record or copy including public records made by photographic process.

3 Meetings. All meetings of every state, county, and municipal board, commission, authority and committee, excepting committees of the general court and recess commissions, shall be open to the public and to the press unless such board, commission, authority or committee shall, by a two-thirds vote of its membership, vote to go into executive session. Such executive sessions may be held only for the purpose of discussing or deliberating those matters which by general or special statute, or Federal grant-in-aid requirements, cannot be made public, and those matters which if made public would adversely affect the public security, the financial interests of the state or its political sub-divisions, or the reputation of any person; provided that no vote or final action shall be taken in executive session on any matter which cannot be discussed in such a session.

4 Minutes. All state and municipal boards, commissions, and committees, except committees of the general court and recess commissions, shall maintain accurate minutes of their meetings, setting forth the action taken at each meeting, including executive sessions. Except for minutes of lawfully-held executive sessions, the minutes of each state board, commission, and committee subject to this action shall be open to public inspection during the regular business hours of such board, commission, authority, or committee.

5 Exceptions. The minutes which governmental boards, commissions, and committees are required to keep by this act shall record exactly the votes and other official actions taken by such boards, commissions and committees; but unless otherwise required by the Governor, in the case of state boards, commissions and committees, or by the county commissioners in the case of county boards, commissions or committees, or by ordinance or by-law of the town, school district, or city or sub-division thereof, in the case of municipal boards, commissions, school districts and committees, or sub-divisions, thereof, such minutes need not include a verbatim record of discussions at such meetings.

6 Notice of Meetings. Twice in each calendar year all municipal, county and school district boards, city, town or authority boards, commissions or committees shall cause to be printed, in a newspaper of general circulation within the school district, city, town, or county, a notice, setting forth the hours, days, and places in which regular meetings are holden.

7 City Councils. The provisions of this section shall apply to proceedings of all city councils and boards of aldermen, however styled, within the state.

8 Violations. Any person or persons violating the provisions of this act shall be guilty of a misdemeanor; and upon conviction such person or persons shall be fined not less than twenty-five dollars ($25.00) nor more than five hundred dollars ($500.00) for each separate violation. Violation of the provisions of such sections by an appointed public official shall constitute just cause for his removal from office by the officer or officers who appointed him to such office.

9 Boards and Authorities. As used in this section, "board" shall include school district boards, and the governing board or body of any authority established by the general court to serve a public purpose in the state of New Hampshire or any part thereof, whether such authority is within or without the formal structure of state government.

10 Nullity. Upon the effective date of this act the provisions of all special acts which are inconsistent with the provisions of this act shall, only to the extent that they conflict with this act, become null and void.

11 Constitutionality. If any provision of this act or its application to any person, board, district, bureau, commission or organization shall be held unconstitutional, such decision shall not affect the constitutionality of any other portion of the act or its application to any other municipality, district, board, bureau, commission, or organization.

12 Takes Effect. This act shall take effect upon its passage.