HOUSE BILL NO. 618
Introduced by Mr. Bednar of Hudson
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 availability to public of public records and meetings.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Public Access to Public Records. Amend RSA by inserting after chapter 91 the following new chapter:
Chapter 91-A
Freedom of Access to Public Records and Proceedings
91-A:1 Declaration of Public Policy; Open Meetings. The legislature finds and declares that public proceedings exist to aid in the conduct of the people's business. It is the intent of the legislature that their actions be taken openly and that their deliberations be conducted openly.
91-A:2 Definition of Public Proceedings. The term "public proceedings" as used in this chapter shall mean the transaction of any functions affecting any or all citizens of the state by 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, which body is composed of three or more members, with which function it is charged under any statute or under any rule or regulation of such administrative or legislative body or agency.
91-A:3 Meetings to Be Open to the Public. All public proceedings shall be open to the public, and all persons shall be permitted to attand any meetings of these bodies or agencies, and any minutes of such meetings as are required by law shall be promptly recorded and open to public inspection, except as otherwise specifically provided by statute.
91-A:4 Executive Sessions. Nothing contained in this chapter shall be construed to prevent these bodies or agencies from holding executive sessions, subject to the following conditions, that such sessions shall not be used to defeat the purposes of this chapter; that no ordinances, orders, rules, resolutions, regulations, contracts, appointments or other official action shall be finally approved at such executive sessions; that such executive sessions may be called only by a majority vote of the members of such bodies or agencies. The conditions of this chapter shall not apply to the executive sessions of committees of the general court.
91-A:5 Minutes and Records Available for Public Inspection. Every citizen of this state shall, during the regular business or meeting hours of all such bodies or agencies, and on the regular business premises of all such bodies or agencies, have the right to inspect all public records, including any minutes of meetings of such bodies or agencies as are required by law, and to make memoranda abstracts or photographic or photostatic copies of the records or minutes so inspected, except as otherwise specifically provided by statute.
91-A:6 Violation. A violation of any of the provisions of this chapter or the wrongful exclusion of any person or persons from any meetings for which provision is made shall be punishable by a fine of not more than five hundred dollars or by imprisonment for less than one year. 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 herein provided.
2 Takes Effect. This act shall take effect sixty days after its passage.