1983 HB477 Legislative History

Versions of HB477:

House Index

[HJ 998] HB 477, relative to the right-to-know law. (Arris of Hil. 19 - To Judiciary)
153, am 428-429, psd 466, S conc 661, enr am 776, enr 830
(Chapter 279)

Senate Index

[SJ 2420] HB 477, relative to the right-to-know law.
710, psd 1129-1130, 1182, enr 1955 (Chapter 279)

From 1983 House Journal, Senate Journal, and Laws of 1983


Tuesday, March 22, 1983

[HJ 152] Rep. Matson offered the following:

RESOLVED, that in accordance with the list in the possession of the Clerk, House Bills numbered 456 through 483, and Concurrent Resolutions Proposing Constitutional Amendments numbered 12 and 13, shall be by this resolution read a first and second time by the therein listed titles, sent for printing, and referred to the therein designated committees.

Adopted.

INTRODUCTION OF HOUSE BILLS AND CACRs

First, second reading and referral

[HJ 153] HB 477, relative to the right-to-know law. (Arris of Hillsborough Dist. 19 - To Judiciary)


Tuesday, April 19, 1983

[HJ 413] Rep. Rounds moved that the Consent Calendar with the relevant amendments as printed in the day's House Record be adopted.

Adopted.

COMMITTEE REPORTS
(Consent Calendar)

[HJ 428] HB 477, relative to the right-to-know law. Ought to Pass with Amendment.

This bill, as amended, requires that the minutes of a public proceeding shall be available to the public within 6 days of the meeting. Additionally, the bill requires that the material from which the minutes are prepared (notes, tapes, etc.) shall be open for inspection during the time period in which the minutes are being prepared. Vote 13-0. Rep. Donna P. Sytek for Judiciary.

Amendment

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

1 Availability of Minutes. Amend RSA 91-A:2, II (supp) as inserted by 1977, 540:3 by striking out in line 9 the number "72" and inserting in place thereof the following (144) so that said paragraph as amended shall read as follows:

II. All public proceedings shall be open to the public, and all persons shall be permitted to attend any meetings of those bodies or agencies. Except for town meetings, school district meetings and elections, no vote while in open session may be taken by secret ballot. Any person shall be permitted to use recording devices, including but not limited to, tape recorders, cameras and videotape equipment, at such meetings. Minutes of all such meetings, including names of members, persons appearing before the bodies or agencies, and a brief description of the subject matter discussed and final decisions shall be promptly recorded and open to public inspection within 144 hours of the public meeting, except as provided in 91-A:6 of this chapter, and shall be treated as permanent records of any body or agency, or any subordinate body thereof, without exception. Except in an emergency or when there is a meeting of a legislative committee, a notice of the time and place of each such meeting, including an executive session, shall be posted in 2 appropriate places or shall be printed in a newspaper of general circulation in the city or town at least 24 hours, excluding Sundays and legal holidays, prior to such meetings. An emergency shall mean a situation where immediate undelayed action is deemed to be imperative by the chairman or presiding officer of the body or agency who shall employ whatever means are available to inform the public that a meeting is to be held. The minutes of the meeting shall clearly spell out the need for the emergency meeting. When a meeting of a legislative committee is held, publication made pursuant to the rules of the house of representatives shall be sufficient notice. If the charter of any city or guidelines or rules of order of any body or agency described in RSA 91-A:1-a requires a broader public access to official meetings and records than herein described, such charter provisions or guidelines or rules of order shall take precedence over the requirements of this chapter.

2 Public Inspection of Records. Amend RSA 91-A:4 as inserted by 1967, 251:1 by striking out said section and inserting in place thereof the following:

91-A:4 Minutes and Records Available for Public Inspection.

I. Every citizen during the regular or business hours of all such bodies or agencies, and on the regular business premises of such bodies or agencies, has the [HJ 429] right to inspect all public records, including minutes of meetings of the bodies or agencies, and to make memoranda, abstracts, photographic or photostatic copies of the records or minutes so inspected, except as otherwise prohibited by statute or RSA 91-A:5.

II. After the completion of a meeting of such bodies or agencies, every citizen, during the regular or business hours of all such bodies or agencies, and on the regular business premises of such bodies or agencies, has the right to inspect all notes, materials, tapes or other sources used for compiling the minutes of such meetings, and to make memoranda, abstracts, photographic or photostatic copies, or tape record such notes, materials, tapes or sources inspected, except as otherwise prohibited by statute or RSA 91-A:5.

3 Effective Date. This act shall take effect 60 days after its passage.


[HJ 466] Rep. Rounds moved that the House now adjourn from the early session, that the business of the late session be in order at the present time, that the reading of bills be by title only and resolutions by caption only and that all bills ordered to third reading be read a third time by this resolution, and that all titles of bills be the same as adopted, and that they be passed at the present time, and when the House adjourn today it be to meet Wednesday, April 20th at 10:00 a.m.

Adopted.

LATE SESSION

Third reading and final passage

HB 477, relative to the right-to-know law.


Thursday, April 21, 1983

[SJ 706] HOUSE MESSAGE

INTRODUCTION OF HOUSE BILLS

Sen. White offered the following resolution:

Resolved, that in accordance with the list in the possession of the clerk, House Bills numbered 422 through 839 shall be by this resolution read a first and second time by the therein listed titles, and refered to the therein designated committees.

Adopted.

First and Second Reading & Referral

[SJ 708] HB 477, relative to the right-to-know law. (To Judiciary)


Thursday, May 19, 1983

[SJ 897] COMMITTEE REPORTS

[SJ 917] HB 477, relative to the right-to-know law. Inexpedient to legislate. Sen. Splaine for the committee.

SEN. SPLAINE: The committee made a recommendation of inexpedient to legislate on this but after taking a look at this legislation and the legislation now on the floor with SB 123, which we passed and which the House has passed and will be concurring with, there is no conflict between that law and this one. The committee would be recommending ought to pass and I will be yielding to Sen. Carswell to make that motion with the unanimous consent of the committee.

Sen. Carswell moved the words "ought to pass" be substituted for the committee report of "inexpedient to legislate."

SEN. CARSWELL: All this bill does other than SB 123 is it extends from the current 72 hours to 144 hours the time which the minutes must be available for the public. At that time in between the publishing of the minutes anyone may look at the notes or tapes or whatever documents or material was used. We urge you to vote ought to pass on HB 477.

Motion adopted.

Adopted. Ordered to third reading.


[SJ 922] Sen. Stabile moved that the Senate now adjourn from the early session, that the business of the late session be in order at the present time, that the reading of bills ordered to third reading be read a third time by this resolution and that all titles be the same as adopted, and that they be passed at the present time; and that when we adjourn, we adjourn until Tuesday, May 24, 1983 at 1:00 p.m.

Adopted.

[SJ 923] LATE SESSION

Third Reading and Final Passage

[SJ 924] HB 477, relative to the right-to-know law.


Tuesday, May 24, 1983

[HJ 661] SENATE MESSAGES
CONCURRENCE

HB 477, relative to the right-to-know law.


Thursday, June 9, 1983

[SJ 1958] ENROLLED BILLS AMENDMENT

HB 477, relative to the right-to-know law. Sen. Chandler for the committee.

SEN. CHANDLER: The first amendment corrects an error in the amending language and the second amendment corrects cross-reference language in the text.

Enrolled Bill Amendment to HB 477

Amend section 1 of the bill by striking out lines 2, 3 and 4 and inserting in place thereof the following:

1977, 540:3 by striking out said paragraph and inserting in place thereof the following:

Amend RSA 91-A:2, II as inserted by section 1 of the bill by striking out line II and inserting in place thereof the following:

except as provided in RSA 91-A:6, and shall be treated as

Amendment adopted.


Tuesday, June 14, 1983

[HJ 776] ENROLLED BILLS AMENDMENTS

HB 477, relative to the right-to-know law.

Amendment

Amend section 1 of the bill by striking out lines 2, 3 and 4 and inserting in place thereof the following:

1977, 540:3 by striking out said paragraph and inserting in place thereof the following:

Amend RSA 91-A:2, II as inserted by section 1 of the bill by striking out line 11 and inserting in place thereof the following:

except as provided in RSA 91-A:6, and shall be treated as

The first amendment corrects an error in the amending language and the second amendment corrects cross-reference language in the text.

Adopted.


Wednesday, June 15, 1983

[SJ 2105] ENROLLED BILLS REPORTS

[SJ 2106] HB 477, relative to the right-to-know law.

Sen. Chandler for the committee.


Thursday, June 16, 1983

[HJ 827] ENROLLED BILLS REPORTS

[HJ 830] HB 477, relative to the right-to-know law.

Sen. John P. H. Chandler, Jr.
Rep. Francis X. Donovan
For The Committee.


[Laws 271] Approved June 18, 1983.

Effective Date August 17, 1983.