HOUSE BILL No. 733
INTRODUCED BY: Rep. Cote of Hillsborough Dist. 28
REFERRED TO: Constitutional Revision
AN ACT relative to the public making oral presentations on matters presented in meetings open to the public.
ANALYSIS
This bill requires public bodies subject to the right to know law to provide the public an opportunity to speak upon issues heard before them. If an opportunity to be heard is not provided, the actions taken during such meeting shall not take effect. Members of the public body may be subject to fines and forfeiture of their place on the board, agency or commission when they deny persons an opportunity to comment on the actions heard before them.
HB 733
STATE OF NEW HAMPSHIRE
In the year of Our Lord one thousand nine hundred and seventy-nine
AN ACT
relative to the public making oral presentations on matters presented in meetings open to the public.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Opportunity to Speak. Amend RSA 91-A:2 by inserting after paragraph II the following new paragraph:
III. Persons attending meetings open to the public shall have the opportunity to:
(a) Express comments, opinions and suggestions relative to any and all items on the agenda, or as may be brought up during the official or closed part of the meeting.
(b) Express themselves on any items which have appeared on past agendas, items which are pending or "laid on the table", and items which may be scheduled to appear on any agenda in the future including possible or proposed appointments to public office.
(c) Publicly speak on items of concern affecting the community including potential problems of public interest which may require consideration by the public body.
(d) Submit all proper petitions which rightfully should be considered in open public forum.
2 New Section. Amend RSA 91-A by inserting after section 2 the following new section:
91-A:2-a Reports Based Upon Public Input; Effect of Hearing.
I. The public body shall acknowledge the receipt of all pertinent public expression presented pursuant to RSA 91-A:2, III by reporting within 60 days any contemplated action or the reason for not taking any action on those items submitted and discussed.
II. If any body or agency refuses to allow persons the opportunity to speak pursuant to RSA 91-A:2, III, the action taken without allowance of public comment shall not take effect until an opportunity to speak at a public hearing has been provided.
3 Penalty Added. Amend RSA 91-A:8 (supp) as inserted by 1973, 113:1 as amended by striking out said section and inserting in place thereof the following:
91-A:8 Remedies.
I. If any body or agency or employee or member thereof, in violation of the provisions of this chapter, refuses to provide a public document or refuses access to a public proceeding to a person who reasonably requests the same, such body, agency or person may be liable for reasonable attorney's fees and costs incurred in making the information available or the proceeding open to the public, at the discretion of the court. In addition to any other relief awarded pursuant to this chapter, the court may issue an order to enjoin future violations of this chapter.
II. If any member of a public body refuses to allow any person an opportunity to speak pursuant to RSA 91-A:2, III, that person may petition the superior court to issue a fine against the member who is in vio1ation of RSA 91-A:2, III. Any member of a public body who votes to deny public participation at the end of any meeting shall immediately forfeit his place upon such public body and shall lose all voting rights. Any person who forfeits his place upon any public body shall not hold another such position for a period of 5 years.
4 Effective Date. This act shall take effect 60 days after its passage.