1959 SB8 Senate Amendment

Amend said bill by striking out all after the enacting clause and inserting in place thereof the following:

91-A:1 Declaration of Policy. Pursuant to the fundamental philosophy of constitutional representative government, which upholds the principle that government is accountable to the people, and in consonance with our New Hampshire constitution, Bill of Rights Art. 8, it is hereby declared to be the public policy of this state that governmental bodies or agencies hereinafter referred to as boards, and elected and appointed public officials and employees, of the state, counties, municipalities and sub-divisions thereof, are agents of the people and that the people are, unless otherwise provided by law, entitled to be fully informed of all official actions taken by these agents. To that end the provisions of this chapter shall be liberally construed to effectuate this policy.

91-A:2 Definitions. As used in this chapter "board" shall mean any state, county, municipal or school board, body, agency, department, commission, authority or committee established by law to serve a public purpose in the state. "Public records" shall mean any written or printed record, report, book, paper, map or plan which is the official property of any board, and in which or on which any entry has been made, or is required to be made by law, including minutes of meetings and executive sessions.

91-A:3 Public Meetings. Except as otherwise provided herein or by statute, all board meetings shall be open to the public, however unless otherwise provided by statute, nothing contained in this chapter shall be construed to prevent boards from holding executive sessions from which the public may be excluded, provided that no board shall, in executive session, take final and conclusive actions without recording same in the minutes of the session.

91-A:4 Public Records. Public records shall be open during regularly established business hours or if a board has no regularly established business hours then at reasonable times upon request, for inspection by any citizen of the state and those in custody of such records shall not refuse this right, provided that this right may be refused if inspection of records is in violation of statute, Federal grant-in aid requirements, or would disclose matters of a personal or confidential nature regarding an individual's personal, health, financial, or educational record, or if a proposed contract, the security of the state or nation, or the good name, character, or reputation of a person is involved; provided further that inspection of public records shall not be refused for the purpose of avoiding disclosure of fraud, crime, or malfeasance or misfeasance in office by a public official.

91-A:5 Minutes. All boards shall maintain minutes of their meetings and executive sessions which shall state names of members present, and record votes and official actions taken but need not include a verbatim record of discussions.

91-A:6 Waivers. The attorney general may waive the provisions of this chapter as it pertains to his own department, or as it pertains to any other law enforcement agency upon request if he deems such waiver to be necessary for the proper administration of justice. The governor may upon request waive the provisions of this chapter in any exceptional case which in his judgment might otherwise damage the state or unjustly jeopardize the rights of an individual. A public record of waivers granted showing the reason therefor shall be maintained and be open for public inspection.

91-A:7 Violations. Any person who shall willfully violate the provisions of this chapter shall be fined not less than twenty-five nor more than five hundred dollars for each separate violation.

2 Takes Effect. This act shall take effect sixty days after its passage.