1969 HB566 Legislative History

Versions of HB566:

From 1969 House Journal, Senate Journal, and Laws 1969

House Index

[HJ 2108] HB 566 Provide that under the access to public records statute, certain executive sessions must be open to the public. (Johnson of Graf. 9, Raiche of Hil. 34)
602, SO 1043, am 1106-1107, psd 1118, nonconc S am, conf 1670, 1702, tabled 1882, new conf 1886-1887, rep adop 1889-1890, 1892, engr 1919 (Chapter 482)

Senate Index

[SJ 1704] HB 566 Providing that under the access to public records statute, certain executive sessions must be open to the public. (Johnson of Graf. 9, Raiche of Hil. 34)
650, am 1110-1114, psd 1118, H nonconc, conf 1206, rep adop 1521-1523, new conf 1526, rep adop 1527, engr 1540 (Chapter 482)

Laws Index

"Right to know" law, amendments, executive sessions . . . . . . . 870

[HB566 As Introduced]


Thursday, March 27, 1969

[HJ 602] RESOLUTION

Rep. McMeekin offered the following resolution:

Resolved, that in accordance with the list in the possession of the clerk, House Bills numbered 562 through 568 shall be by this resolution read a first and second time by the therein listed titles, laid on the table for printing and referred to the therein designated committees.

* * *

Resolution adopted by vv.

INTRODUCTION OF BILLS

The following bills were read a first and second time, laid on the table for printing and referred as follows:

HB 565, providing, that under the access to public records statute, certain executive sessions must be open to the public. (Johnson of Grafton Dist. 9, Raiche of Hillsboro Dist. 34 - To Judiciary.)


Tuesday, May 13, 1969

[HJ 1043] Reps. Morrill and Zachos moved that HB 546, relative to organized time trials for motor vehicles on certain public highways, HB 565, requiring that under the access to public records statute the record of decisions made in executive session on certain matters be promptly opened to public inspection, and HB 566, providing, that under the access to public records statute, certain executive sessions must be open to the public, be made a special order for 11:01 Tuesday next.

Motion adopted by vv.


Tuesday, May 20, 1969

[HJ 1093] COMMITTEE REPORTS

[HJ 1106] HB 566
providing, that under the access to public records statute, certain executive sessions must be open to the public. Ought to pass with amendment. Rep. Zachos for Judiciary.

AMENDMENT

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

[HB566 House Amendment (Changes)]

[HJ 1107] * * *

Amendment adopted and the bill ordered to third reading by vv.


[HJ 1117] On motion of Rep. Stafford the House adjourned from the early session and the Rules of the House were so far suspended as to permit the reading of bills by title only, HJR by caption only and that when the House adjournes today it be to meet tomorrow at 11:00 o'clock.

LATE SESSION
THIRD READINGS

The following bills and HJR were read a third time, passed, and sent to the Senate for concurrence:

[HJ 1118] HB 566, providing, that under the access to public records statute, certain executive sessions must be open to the public.


Wednesday, May 21, 1969

[SJ 650] HOUSE MESSAGES BILLS & JR
First, second reading & reference

HB 566, providing, that under the access to public records statute, certain executive sessions must be open to the public. To Judiciary.


Friday, June 20, 1969

[SJ 1097] COMMITTEE REPORTS

[SJ 1110] HB 566, providing, that under the access to public records statute, certain executive sessions must be open to the public. Ought to pass with amendment. Sen. Leonard for Judiciary.

[HB566 Senate Amendment (Changes)]

[SJ 1112] Sen. KOROMILAS: The amendments to this bill give added rights to the person who has the right to know. The House Bill has given us a limited improvement on the Right to Know bill, and the Senate amendments give greater detail and liberalizes the present law. It is the intent of the Legislature that deliberations be conducted openly and actions be taken openly. This bill would add the provision that if there is to be a public hearing, it must be posted in the newspaper in the area and that seventy-two hours be allowed for the time limit. Another change in the amendment over the House is that after a meeting has been held within seventy-two hours the records have to be available to the ordinary citizen. Furthermore this requires not only that the minutes be given to a citizen, but also who appeared, and who was on the governing body, and who actually testified before the hearing. Also, it gives the aggrieved party the right of injunctive relief. Now, if the information is not given out, then the action of the committee shall be null and void.

Sen. GOVE: Would the Legislature itself, come under the provisions of this act.

Sen. KOROMILAS: No, it does not.

Sen. SPANOS: Two years ago, we passed a Right to Know law and I guess we all thought that it was quite definitive. I think we also voted unanimously that it be passed in this Body. I don't believe there was one person voting against the measure. [SJ 1113] Somehow, litigation did take place as a result of the law we passed, involving the Keene Sentinel and the Keene City Council, and the Supreme Court held in favor of the Council and against the paper which was seeking the information that they wanted to dispense to the people of the city. I rise to let you know that I favor this bill very strongly, and favor the improvements that the Judiciary Committee has added to this measure, as I am a firm believer that the people should know what their elected officials do. I hope you will go along with these amendments.

Sen. LAMONTAGNE: Will the Mayor and Council, or Manager and Council form of government have the right to refuse to let the press be present at their Departmental Budget hearings.

Sen. SPANOS: I understand there are some exclusions that are not for newspaper or public consumption.

Sen. LAMONTAGNE: In Berlin, we have a Finance Committee. These figures come in to them from departments and the Mayor and Finance Committee work out recommendations.

Sen. KOROMILAS: If there is a final decision, then it would have to be open and any executive session action would have to have minutes.

Sen. ARMSTRONG: Does this apply to School Boards.

Sen. KOROMILAS: Yes, but reviewing of teaching records would be confidential and not open to the public.

Sen. FOLEY: I am very much in favor of this bill.

Sen. JACOBSON: I would like to say that I am very much in favor of this bill. This bill is of course very helplul to newspapers, but I hope that the newspapers will reciprocate by also reporting what is being said, accurately.

Sen. CHANDLER: I rise in strong support of the Right to Know bill.

Amendment ADOPTED.

Sen. SPANOS: I was not aware that this bill was being brought in today and I do not have an amendment drafted which I would like adopted. In view of the fact that it is late in the Session, I would suggest that when the Committee meet in Conference with the House I would simply ask the Chairman of our Committee to consider the possibility of imposing an injunction where the public would have the right to walk into a police station and say that a Council or Board has violated the law, and they should have a penalty imposed upon [SJ 1114] them for that violation, without the person having to hire legal counsel. The Departments would be very reluctant to violate if they knew they might be fined or given a sentence.

Ordered to third reading.


[SJ 1117] Sen. SPANOS moved the Senate go into the late session, and when it adjourns today, it adjourns out of respect to the THIRTY NINTH BIRTHDAY of Sen. TOWNSEND, whose birthday is tomorrow.

LATE SESSION
Third reading & final passage of bills & jrs

[SJ 1118] HB 566, providing, that under the access to public records statute, certain executive sessions must be open to the public.


Tuesday, June 24, 1969

[HJ 1670] FURTHER SENATE MESSAGE

The Senate concurs with the House of Representatives in the passage of the following entitled bill, with amendment, in the passage of which amendment the Senate asks the concurrence of the House of Representatives:

HB 566, providing, that under the access to public records statute, certain executive sessions must be open to the public.

(See Senate Journal page 1110.)

[HB566 Senate Amendment (Changes)]

On motion of Rep. Zachos the House non-concurred in the Senate amendment and a committee of conference was established. The Speaker appointed Reps. Frizzell, Record and Wallin as conferees on the part of the House.


[SJ 1206] HOUSE MESSAGE
House Refusal to Concur
in Senate Amendment and
Request Committee of Conference

HB 566, providing, that under the access to public records statute, certain executive sessions must be open to the public.

The Speaker has appointed Reps. Frizzell, Record and Wallin.

On motion of Sen. KOROMILAS, the Senate voted to accede to request.

The CHAIR appointed Sens. KOROMILAS and LEONARD.


Wednesday, June 25, 1969

[HJ 1702] 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 566, providing, that under the access to public records statute, certain executive sessions must be open to the public.

and the President has appointed as members of said Committee on the part of the Senate: Sens. Koromilas and Leonard.


Friday, June 27, 1969

[HJ 1882] COMMITTEE OF CONFERENCE REPORT

HB 566, providing, that under the access to public records statute, certain executive sessions must be open to the public.

Rep. O'Neil moved to lay the report on the table.

Motion adopted by vv.


Monday, June 30, 1969

[SJ 1521] COMMITTEE OF CONFERENCE REPORT

The committee of conference to whom was referred House Bill 566, An Act providing that under the access to public records statute, certain executive sessions must be open to the public, having considered the same report the same with the following recommendations:

That the House recede from its position of nonconcurrence with the Senate amendment, that the Senate recede from its position of adopting its amendment, and that the House and Senate each adopt the following amendment to the bill.

[SJ 1522] Amend the bill by striking out all after the enacting clause and inserting in place thereof the following:

[HB566 Conference Committee Amendment (Changes)]

[SJ 1523] James Koromilas
Richard W. Leonard
Conferees on the part of the Senate

Martha Frizzell
Louis Record
Jean Wallin
Conferees on the part of the House

Sen. KOROMILAS: Sen. LEONARD and I were the Conferees for the Senate on this right to know bill. Sen. LEONARD and I held out for the declaration of policy which would allow every public meeting in the State of New Hampshire open to the public. The House Conferees would not go along with this. However, there were some changes made. This would require notice when there is to be a meeting. If an emergency, it has to be proven that it was an emergency.

On motion of Sen. KOROMILAS, the report was adopted.


[HJ 1886] FURTHER SENATE MESSAGE

On motion of Rep. O'Neil the Committee of Conference Report on HB 566, providing that under the access to public records statute, certain executive sessions must be open to the public, was removed from the table.

Rep. Frizzell moved that the House nonconcur in the Committee of Conference report on HB 566, providing, that under the access to public records statute, certain executive sessions [HJ 1887] must be open to the public, and that a new committee of conference be established

Motion adopted by vv.

The Speaker appointed Reps. Frizzell, Record and Wallin as conferees on the part of the House.


[SJ 1526] HOUSE MESSAGES

House Voted to Discharge
Committee of Conference

HB 566, providing, that under the access to public records statute, certain executive sessions must be open to the public. The Speaker has appointed Reps. Frizzell, Record and Wallin.


[HJ 1889] COMMITTEE OF CONFERENCE REPORT

The committee of conference to whom was referred House Bill 566, An Act providing, that under the access to public records statute, certain executive sessions must be open to the public, having considered the same report the same with the following recommendations:

That the House recede from its position of nonconcurrence with the Senate Amendment, that the Senate recede from its position of adoping its amendment, and that the House and Senate each adopt the following amendment to the bill.

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

[HB566 Conference Committee Amendment (Changes)]

[HJ 1890] James Koromilas
Richard W. Leonard
Conferees on the part of the Senate

Martha Frizzell
Louis Record
Jean Wallin
Conferees on the part of the House

Committee of Conference Report adopted by vv.


[SJ 1526] HOUSE MESSAGES

[SJ 1527] House Adoption of
Committee of Conference Reports

HB 566, providing, that under the access to public records statute, certain executive sessions must be open to the public.


[HJ 1892] FURTHER SENATE MESSAGE

The Senate has voted to adopt the recommendation of the Committee of Conference to whom was referred the following bills:

HB 566, providing, that under the access to public records statute, certain executive sessions must be open to the public.


Tuesday, July 1, 1969

[SJ 1540] ENROLLED BILLS

HB 566, An Act providing, that under the access to public records statute, certain executive sessions must be open to the public.


[HJ 1918] REPORT OF COMMITTEE ON ENROLLED BILLS

The Committee on Enrolled Bills has examined and found correctly Enrolled the following entitled Senate Bills, House Joint Resolution and Senate Joint Resolutions:

HB 566, An Act providing, that under the access to public records statute, certain executive sessions must be open to the public.

Roxie A. Forbes
for the Committee


[Laws 870] Approved July 3, 1969.

Effective date September 1, 1969.