Amendment to HB 149
Amend said bill by striking out all after the enacting clause and inserting in place thereof the following:
1 New Chapter. Amend RSA by inserting after chapter 91 the following new chapter:
91-A
Public Meetings and Records
91-A:1 Public Meetings. All meetings of any governmental agency are declared to be open to the public except as hereinafter provided.
91-A:2 Executive Sessions. Any governmental agency may by majority vote conduct executive sessions provided that the purpose of such sessions shall be stated in the motion authorizing such executive sessions, and provided that any action taken in such executive session shall be made a matter of public record.
91-A:3 Public Records. All public records shall be made available by the lawful or regular custodian thereof, or such person as he shall authorize, for public inspection, except records declared to be confidential as herein provided.
91-A:4 Confidential Records. If in the opinion of any governmental agency certain records within its custody reasonably could be construed to be confidential, or where disclosure of such records would be contrary to the public interest, such governmental agency may, by official recorded action, deny public access of such records.
91-A:5 Minutes. All governmental agencies shall keep minutes of their meetings, which shall be promptly recorded and open to public inspection. Such minutes shall set forth the final formal action of such agencies relative to all matters including, but not limited to, the adoption of all resolutions, rules and regulations.
[HJ 477] 91-A:6 Exemptions. The following are exempted from the provisions of this chapter:
(a) Grand and petit juries.
(b) Parole and pardon boards.
(c) Meetings of judicial and quasi-judicial bodies, including but not limited to state licensing boards, held for the sole purpose of making a decision in any adjudicatory proceedings.
(d) Committees of the New Hampshire Legislature.
(e) Meetings or records of agencies by federal and state law declared to be confidential.
91-A:7 City Charters. If the charter of any city requires broader public access to official meetings and records than herein described, such charter provisions shall supercede the requirements of this chapter.
91-A:8 Definitions. As used in this chapter "governmental agency" shall include any administrative or legislative body of the state, or of any of its counties or municipalities, or of any other political subdivision of the state. As used in this chapter "public records" shall mean the records of any governmental agency.
91-A:9 Constitutionality. If any provisions of this chapter or its application to any person or governmental agency shall be held unconstitutional, such decision shall not affect the constitutionality of any other portion of the chapter or its application to any other governmental agency.
91-A:10 Violations. Any person who shall knowingly and wilfully violate the provisions of this chapter shall be fined not more than twenty-five dollars.
Nothing contained in this chapter shall be construed as abridging the right of any citizen or citizens to appeal to a court of this state for the enforcement of the rights provided for in this chapter.
2 Takes Effect. This act shall take effect January 1, 1964.