Versions of HB28:
From 1967 House Journal, Senate Journal, and Laws of 1966-67
[HJ 2292] House Index
"Right to know" law (HB 28) 21, am 327-329, psd 331, nonconc S am 583-585, conf 622, discharged 1183, new conf rep adop 1309-1311, 1394, engr 1491
[SJ 1687] Senate Index
"Right to know" law (HB 28) 203, am & psd (RC) 366-370, 376, remarks of Sen. Spanos 384-385, H nonconc, conf 387-388, conf rep adop 835, 844-847, engr 990
[Laws 1079] Laws Index
"Right to know" law . . . . . . . . . 317-318
Thursday, January 5, 1967
[HJ 18] INTRODUCTION OF BILLS
The following bills and House Joint Resolutions were read a first and second time, laid on the table for printing and referred as follows:
[HJ 21] HB 28
permitting freedom of access to public records and proceedings.
(Bednar of Hillsborough Dist. 23 - To Judiciary)
Wednesday, March 1, 1967
[HJ 325] COMMITTEE REPORTS
[HJ 327] HB 28
permitting freedom of access to public records and proceedings.
Rep. Frizzell for Judiciary. Ought to pass with amendment.
AMENDMENT
Amend section 1 of the bill by striking out said section and inserting in place the following:
[HB28 House Amendment (Changes)]
[HJ 329] * * *
Amendment adopted by vv.
Rep. Healy moved that HB 28 as amended be indefinitely postponed and spoke in favor of the motion.
Reps. Frizzell, Gorham, Cobleigh, Spitzli and Maxwell spoke against the motion.
Rep. Healy spoke a second time in favor of the motion.
Motion lost by vv.
Bill ordered to third reading by vv.
[HJ 331] * * *
On motion of Rep. Pickett the Rules of the House were so far suspended as to permit business in order at 3:00 o'clock this afternoon to be in order at the present time, the third reading of bills be by title only, and that when the House adjourns today it be to meet tomorrow morning at 11:00 o'clock.
AFTERNOON SESSION
THIRD READINGS
HB 28
permitting freedom of access to public records and proceedings.
was read a third time, passed, and sent to the Senate for
concurrence.
RECONSIDERATION
Rep. Spitzli, having voted with the majority, moved that the House reconsider its vote whereby it passed HB 28 and spoke against the motion.
Motion lost by vv.
Thursday, March 2, 1967
[SJ 203] HOUSE MESSAGED BILLS
first, second reading & reference
HB 28
permitting freedom of access to public records and proceedings.
Referred to Judiciary.
Tuesday, April, 11, 1967
[SJ 355] COMMITTEE REPORTS
[SJ 366] HB 28
permitting freedom of access to public records and proceedings.
Ought to pass with amendment.
Sen. Leonard, for the Committee on Judiciary.
Amend the bill by striking out all after the enacting clause and inserting in place thereof the following:
[HB28 Senate Amendment (Changes)]
[SJ 368] SEN. SPANOS: Mr. President, I rise in support of the Committee Report and I do so as a spokesman for the Governor's Office, as a member of the Democratic Party whose platform favored the enactment of a right-to-know law, and for myself as a Senator representing the Eighth District. I support H.B. 28 even though I predict considerable "flak" from our counterparts in the House.
The public has a "right-to-know" what its public servants are doing and how they are responding to the people who put them there. An informed and knowledgeable electorate is the life-blood of a democratic society. Ignorance on the other hand, breeds the type of situation which opens the door to those who would destroy the democratic process. At least it makes it much easier for them.
Many will argue that eliminating executive sessions will pressure the public servant into decisions he would not normally make if he could vote in seclusion and others will argue that these people will not seek or serve if they have to be daily confronted by the public in their deliberations. I submit, Sir, that when an individual runs for or accepts a position of responsibility to serve the people, he should be ready to call his shots openly and without equivocation.
Another reason I favor this measure is because the press will be able to accurately report what has transpired on a given occasion and not garble, distort or misrepresent when they have to speculate or accept second hand information on a vote or decision of some governmental body.
I have one minor objection as it concerns this bill but it is not a serious one. The bill calls for injunctive relief to an aggrieved party if there is a violation. I think a penalty should be imposed in addition to an injunction because I feel that there are going to be very few of the public who will spend hundreds of dollars to redress a given wrong by an injunction and I am afraid we will not be closing the door to violations with just the injunctive remedy.
[SJ 369] However, I said my objection was minor, and considering the overall benefit to be derived, support the bill.
SEN. CHANDLER: I rise in support of this bill. Although it was in the Platform of the Democratic Party, and although it was a Democrat member in the House who introduced the bill, the bill is by no a partisan measure. The Republicans would support this, if there is any implication, and I am not saying that there is, I wish to spell this out at the start. This bill has come before many sessions of the Legislature. It goes back to the 40's when the first right-to-know bill was in. At the hearing at that time, I was a newspaper man myself. Although this has been largely backed by newspaper men, not that they wish to attend meetings, but they do feel that this discussion at public hearings should be open to the people. At one time, meetings of the Governor and Council were closed sessions. I believe it was under Governor Blood, a Republican Governor, that they were opened up to the public. I wish to endorse this bill. I wish to commend the Chairman of our Committee. It is a good bill and I hope the House will go along with our amendments which are not as stringent as the newspapers have led people to believe. The amendment restores some of the things that were taken out by the House. We have put back a little bit of teeth. We have a good bill here and I have reason to believe that the House will go along and adopt our amendment.
SEN. KOROMILAS: I would like to explain the amendment which is the usual rule of this Senate even though there have been previous speakers. In Committee, we restored the declaration of policy that was in the original bill as introduced. The House in its wisdom deleted the declaration of public policy. The declaration of public policy was very clear. I have always felt that the people have a right to know. This has nothing to do with Party. There was nothing in the House version that prohibited executive sessions. There has to be an open session where any final decision is taken up by any public organization. The real guts of the bill have been restored in the Senate version. There is a change with respect to meetings. We have also beefed up the bill whereby the person aggrieved can go to the superior court for injunctive relief.
SEN. GOVE: Would the passage of this preclude a City Councilman or Alderman from hearing budget sessions behind closed doors?
[SJ 370] SEN. KOROMILAS: I am not very familiar with budget procedures, but where there is any final decision to be taken up in session with respect to the budget, then it has to be open.
SEN. TOWNSEND: I am in support of the amendment and the bill itself. After 10 years of experience in the Lebanon City Council - 10 years ago we adopted a new and supposed to be up-to-date Charter - and that Charter calls for absolute public access and press. I can say that it can be done. There may be awkward moments, but I am in favor of this type of approach to public records. I expect that there will be some proposed bills with regard to the Lebanon City Charter which will call for much of which are in this bill - to provide opportunity to meet for matters of litigation and personnel - that is the only two fields.
SEN. FOLEY: I would like to say that during the hearing, a few people brought out that this would benefit the press. After listening, I am convinced that this is a bill that would benefit all of the people.
Amendment adopted.
On question of being ordered to third reading, SEN. LAMPREY demanded a Roll Call.
Duly seconded by SEN. KOROMILAS. The Clerk proceeded to call the Roll.
The following Senators voted in the affirmative: Lamontagne, Larty, Lamprey, Langford, Townsend, Gardner, Howard, Spanos, Chandler, Bradshaw, English, Buchanan, Leonard, Riley, Gove, Gauthier, Sullivan, Provost, Waterhouse, Koromilas, Claveau, Tufts and Foley.
Twenty-three Senators having voted in the affirmative, and no Senator having voted in the negative, affirmative prevailed.
Bill as amended ordered to third reading.
[SJ 375] Sen. Bradshaw moved the Senate go into the late session.
LATE SESSION
third reading and final passage of bills
[SJ 376] HB 28
permitting freedom of access to public records and proceedings.
Wednesday, April 12, 1967
[HJ 582] FURTHER SENATE MESSAGE
* * *
[HJ 583] The Senate concurs with the House of Representatives in the passage of the following entitled bill, with amendments, in the passage of which amendments the Senate asks the concurrence of the House of Representatives:
HB 28
permitting freedom of access to public records and proceedings.
Amend the bill by striking out all after the enacting clause and inserting in place thereof the following:
[HB28 Senate Amendment (Changes)]
[HJ 585] * * *
On motion of Rep. Spitzli reading of the amendment was dispensed with.
Rep. Newell spoke in favor of a committee of conference.
On motion of Rep. Spitzli the House non-concurred in the Senate amendment and a committee of conference was appointed by the Chair as follows: Reps. Spitzli, Gorham and Bednar.
[SJ 384] SEN. SPANOS: Mr. President, with your kind permission, I would like to rise on a point of personal privilege. Thank you.
First of all, I want to say that in discussing the “Right-To-Know” bill yesterday, I did not intend to inject partisan political [SJ 385] consideration in the matter. I did not mean to give anyone in particular special credit for the bill or for its support. If it came out that way, I failed in my presentation and for this, I apologize to the membership. I merely wanted the Senate to know that the Governor favored the bill and to remind the Minority membership that its Party strongly supported such a measure.
I know that if this bill becomes law, it will be through the joint efforts of the membership of both Parties who are sincerely concerned with the people's right to know.
Secondly, I want to thank the Majority floor leader, Sen. Buchanan, who was in the Chair yesterday, for extending to me the courtesy of holding up debate on the "Right-To-Know" bill until I was able to return to the Senate Chambers after receiving an emergency call from home.
Finally, I want to thank the President and Sen. Riley and this body for adjourning yesterday's session in honor of my nephew, Private First Class Terry J. Whittaker, who died in Viet Nam on Monday of this week. His family will be deeply appreciative of your thoughtfulness.
Thursday, April 13, 1967
[SJ 387] HOUSE REFUSAL AND REQUEST FOR
COMMITTEE OF CONFERENCE
HB 28
permitting freedom of access to public records and proceedings.
Speaker has appointed Mr. Spitzli, Mr. Gorham and Mr. Bednar.
[SJ 388] On motion of Sen. Bergeron, the Senate voted to accede to the request of the House.
The President appointed Sens. Koromilas and Foley.
Tuesday, April 18, 1967
[HJ 622] FURTHER SENATE MESSAGE
The Senate has voted to accede to the request of the House of Representatives for a Committee of Conference on the following entitled bill:
HB 28
permitting freedom of access to public records and proceedings.
and the President has appointed as members of said Committee on the part of the Senate: Sens. Koromilas and Foley.
Monday, June 2, 1967
[SJ 695] SEN. LAMPREY: I move that Sen. Koromilas be removed as one of the Senate conferees on the Committee of Conference on:
HB 28
permitting freedom of access to public records and proceedings,
and that Sen. Chandler be appointed in his place.
ADOPTED.
The Chair appointed Sens. Chandler and Foley.
Monday, June 5, 1967
[HJ 1108] SENATE MESSAGE
The Senate has removed Senator Koromilas as one of the conferees on the Committee of Conference on HB 28, An Act permitting freedom of access to public records and proceedings, and has appointed Senator Chandler in his place.
Monday, June 12, 1967
[HJ 1183] SENATE MESSAGE
The Senate has voted to discharge the Committee of Conference to whom was referred the following entitled bill:
HB 28
An Act permitting freedom of access to public records and
proceedings and appoint a new Conference committee. The
president has appointed Senator Chandler and Senator Foley.
Wednesday, June 14, 1967
[HJ 1309] COMMITTEE OF CONFERENCE REPORT
HB 28
The Committee of conference to whom was referred House
Bill No. 28, An Act permitting freedom of access to
public records and proceedings, having considered the same report
the same with the following recommendation.
That the Senate recede from its adoption of its amendements to said bill, that the House recede from its position of non-concurrence in the Senate amendments and the the House and Senate concur in the adoption of the following amendments to said bill.
Amend said bill by striking out all agter the enacting clause and inserting in place thereof the following:
[HB28 Conference Committee Amendment (Changes)]
[HJ 1311] John P. H. Chandler, Jr.
Eileen Foley
Conferees on the part of the Senate
Donald H. Spitzli
A. C. Gorham
John M. Bednar
Conferees on the part of the House
Report adopted by vv.
Thursday, June 15, 1967
[SJ 835] [HOUSE] ADOPTION OF COMMITTEE OF CONFERENCE REPORTS
HB 28
permitting freedom of access to public records and proceedings.
[SJ 844] REPORT OF COMMITTEE OF CONFERENCE
The committee of conference to whom was referred Home Bill No. 28, An Act permitting freedom of access to public records and proceedings, having considered the same report the same with the following recommendations.
That the Senate recede from its adoption of its amendments to said bill, that the House recede from its position of non-concurrence in the Senate amendments and that the House and Senate concur in the adoption of the following amendments to said bill.
Amend said bill by striking out all after the enacting clause and inserting in place thereof the following:
[HB28 Conference Committee Amendment (Changes)]
[SJ 846] John P. H. Chandler, Jr.
Eileen Foley
Conferees on the part of the Senate
Donald H. Spitzli
A. C. Gorham
John M. Bednar
Conferees on the part of the House
[SJ 847] SEN. CHANDLER: HB 28 is the so-called right to know bill which was introduced as a House Bill and amended by the House and referred to Senate Judiciary Committee. They amended it and restored some of the original features that the House had taken out, including the Preamble. The House refused to concur and a Committee of Conference was appointed. This was unable to reach any compromise. A second Committee of Conference was appointed. We stepped down about the Preamble which was satisfactory to them.
SEN. KOROMILAS: I realize that the House could not go along with the declaration of policy. I was one of the original members of the Committee of Conference. I strongly feel that a Preamble should be in there. There is nothing wrong with it. I strongly support to include the declaration of policy. It is the people's business to know what the elected officials are doing. I realize that the House will not go along and I will accept the Committee of Conference Report.
On motion of Sen. Langford, Senate voted to adopt above report.
Monday, June 19, 1967
[HJ 1394] SENATE MESSAGES
The Senate has voted to adopt the recommendation of the Committee of Conference to whom was referred the following entitled bill:
HB 28
permitting freedom of access to public records and proceedings.
Thursday, June 22, 1967
[HJ 1491] ENGROSSED BILLS COMMITTEE REPORT
The Committee on Engrossed Bills have examined and found correctly engrossed the following entitled House Bills and Senate Bills:
HB 28
permitting freedom of access to public records and proceedings.
[HJ 1492] Idanelle Moulton
For the Committee
[SJ 990] ENGROSSED BILLS
HB 28
permitting freedom of access to public records and proceedings.
[Laws 318] Approved June 27, 1967.
Effective date August 26, 1967.