HOUSE BILL No. 819
INTRODUCED BY: Rep. Kaklamanos of Hillsborough Dist. 26; Rep. Jacobson of Merrimack Dist. 2
REFERRED TO: Judiciary
AN ACT making changes in the right-to-know law.
ANALYSIS
This bill defines the content of the description of matters discussed in a meeting, presently required to be recorded and open to public inspection. to include a summary of each statement or opposing or supportive argument made by members or persons appearing before a body or agency; and extends the time, within which this description and other information pertaining to the meeting is required to be recorded and open to the public, from 72 to 120 hours.
In addition, the bill declares that any action or final decision of any agency or body, which is shown, in the superior court, to have been taken or made in violation of the right-to-know law, shall be invalid. This relief shall be in addition to any other relief granted under RSA 91-A:8.
The bill also directs a body, agency or person in violation of the right-to-know law to pay attorney's fees and costs incurred in making information available or opening a proceeding to the public, and removes from the superior court the discretion for assessing these fees and costs.
The bill imposes penalties on any person who destroys, tempers with, or removes without authorization any record required to be made or preserved pursuant to RSA 91-A.
HB 819-FN
STATE OF NEW HAMPSHIRE
In the year of Our Lord one thousand nine hundred and eighty-three
AN ACT
making changes in the right-to-know law.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Summary of Meetings. Amend RSA 91-A:2, II (supp) as inserted by 1977, 540:3 by inserting in line 8 after the word "discussed" the following (, which shall include, but not be limited to, a summary of each statement or opposing or supportive argument on the subject matter made by members or persons appearing before the body or agency.) and by striking out in line 9 the number "72" and inserting in place thereof the following (120) 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, which shall include, but not be limited to, a summary of each statement or opposing or supportive argument on the subject matter made by members or persons appearing before the body or agency, and final decisions shall be promptly recorded and open to public inspection within 120 hours of the public meeting, except as provided in RSA 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 Tape Recordings Available for Public Inspection. Amend RSA 91-A by inserting after section 4 the following new section:
91-A:4-a Tape Recordings. Every agency or board subject to the provisions of this chapter shall catalogue and preserve all tape recordings, videotapes and other records made by any electronic recording device, made in connection with a public proceeding of that agency or board. Such recordings and records shall be treated as permanent records of the body or agency and shall be available for inspection and recording by any person during regular or business hours and on the regular or business premises of such body or agency, except as otherwise prohibited by statute or RSA 91-A:5.
3 Reference to Employment Security Law. Amend RSA 91-A:6 (supp) as inserted by 1967, 251:1 as amended by striking out said section and inserting in place thereof the following:
91-A:6 Employment Security. This chapter shall apply to RSA 282-A, relative to employment security; however, in addition to the exemptions under RSA 91-A:5, the provisions of RSA 282-A:117-282-A:123 shall also apply, this provision shall be administered and construed in the spirit of that section, and the exemptions from the provisions of this chapter shall include anything exempt from public inspection under RSA 282-A:117-282-A:123 together with all records and data developed from RSA 282-A:117-282-A:123.
4 Actions and Decisions Affected by Violations. Amend RSA 91-A by inserting after section 7 the following new section:
91-A:7-a Effect of Violation. If a petition is filed pursuant to RSA 91-A:7 and the court determines that the provisions of this chapter have been violated by a body or agency in taking an action or making a final decision, in addition to any relief awarded under RSA 91-A:8, the court shall declare that action or final decision invalid and of no effect. Any other action or final decision which occurred at the same meeting as the action or final decision about which the petition was brought, but which is not the subject of the petition, shall not be invalidated except by a different successful petition under RSA 91-A:7. Nothing in this section shall be construed as prohibiting the bringing of one petition to protest more than one decision or final action taken at one or more meetings.
5 Liability Imposed. Amend RSA 91-A:8 (supp) as inserted by 1973, 113:1 as amended by striking out in line 4 the word "may" and inserting in place thereof the following (shall) and by striking out in line 6 the words ", at the discretion of the court" so that said section as amended shall read as follows:
91-A:8 Remedies. 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 shall be liable for reasonable attorney's fees and costs incurred in making the information available or the proceeding open to the public. In addition to any other relief awarded pursuant to this chapter, the court may issue an order to enjoin future violations of this chpater.
9 Penalty. Amend RSA 91-A by inserting after section 8 the following new setion:
91-A:9 Penalty. Any person who destroys, tampers with, or removes without authorization any record, minutes or recording required to be made or preserved pursuant to this chapter shall be guilty of a violation and, notwithstanding any provision of Title LXII or of any other law, shall be fined not less than $1,000.
7 Effective Date. This act shall take effect 60 days after its passage.
LSR 83-0241
HB 819-FN
FISCAL NOTE for an act making changes in the right-to-know law.
FISCAL IMPACT: The fiscal impact of this bill cannot be determined at this time.
METHODOLOGY: The fiscal impact of this bill is currently being evaluated. The Fiscal Note when completed will be inserted by the Clerk of the House in the respective bill jacket.