HOUSE BILL NO. 149

Introduced by Mr. Hancock of Concord
Referred to Committee on Judiciary

STATE OF NEW HAMPSHIRE

In the year of Our Lord one thousand nine hundred and sixty-three

AN ACT

relative to public meetings and records.

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

1 New Chapter. Amend RSA by inserting after chapter 91 the following new chapter:

Chapter 91-A

Public Meetings and Records

91-A:1 Declaration of Policy. Pursuant to the fundamental philosophy of the constitutional form of representative government, which holds to the principle that the government is the servant of the people and not their master, it is hereby declared to be the public policy of the state of New Hampshire that public boards and agencies of the state, counties, municipalities and sub-divisions thereof exist to aid in the conduct of the people's business and are accountable to them for their actions. The people of New Hampshire do not yield their sovereignty to agencies which serve them. The people, in delegating authority, do not give their public servants the right to decide what is good for the people to know. The people insist on remaining informed, so that they may retain control over the instruments they have created. The provisions of this chapter shall be liberally construed to effectuate this declaration of policy.

91-A:2 Definitions. As used in this chapter "board" shall include any state, county, municipal or school district board or any commission, authority or committee established by the general court to serve a public purpose in the state of New Hampshire, or any part thereof, whether such authority, commission, committee or board is within or without the formal structure of state government. "Agency" shall include any state, county, or municipal department of government established and operating to serve a public purpose within the state of New Hampshire.

91-A:3 Public Meetings. Except as otherwise provided herein all meetings of every board shall be open to the public.

91-A:4 Executive Sessions. By a two-thirds vote of its membership any board may vote to go into an executive session from which the public may be excluded. Such executive sessions may be held for the purpose of discussing those matters which by statute or federal grant-in-aid requirement cannot be made public or those matters which would adversely affect the financial security and welfare of the state or its political subdivisions when in the negotiation of a proposed public contract. Other than those expressly provided, no executive session may be held which would defeat the liberal construction of policy required in section 1; and no ordinance, rule, regulation, contract, appointment or decision shall be finally acted upon at any such executive session.

91-A:5 Public Records. All public records shall be open during established business hours for a personal inspection by any citizen of the state and those in custody of such records shall not refuse this privilege to any citizen; provided that this right may be refused if inspection of records is in violation of statute, Federal grant-in-aid requirements, or if a proposed contract is involved.

91-A:6 Definition. Public records shall mean any written or printed report, book or paper, any map or plan of the state or of any authority established by the state, or of any county, municipality, school district, or subdivision thereof, which is supported wholly or in part by public funds, which is the property thereof, and in which or on which any entry has been made, or is required to be made by law, provided, however, that the attorney general is authorized to determine, in his discretion, which records in his office shall be open to inspection.

91-A:7 Minutes. All boards shall maintain accurate minutes of their meetings setting forth the action taken at each meeting. The minutes of all boards shall be open to public inspection during the established business hours of such boards.

91-A:8 Exceptions. The minutes which are required to be kept by section 7 shall record exactly the votes and other official actions taken by such boards, but unless otherwise required by the governor, in the case of the state; by the county commissioners in the case of the county; or by statute, ordinance, or by-law by the town, school district, city or subdivisions thereof, such minutes need not include a verbatim record of discussions at such meetings.

91-A:9 City Charters. The provisions of this chapter shall apply to city boards and agencies provided that if a city charter has provisions relative to public meetings and public records which provisions are more stringent than those provided for herein the provisions of said city charter shall apply rather than the provisions of this chapter.

91-A:10 Constitutionality. If any provision of this chapter or its application to any person or board shall be held unconstitutional, such decision shall not affect the constitutionality of any other portion of the chapter or its application to any other board of municipality.

91-A:11 Violations. Any person who shall 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.