Versions of HB123:
House Index
[HJ 1079] HB 123, amending the right to know law. (Johnson of Sullivan Dist. 2;
Sylvia of Hillsborough Dist. 1 - To Judiciary)
15, am 615-618, pad 645, conc S am 725, enr 888 (Chapter 83)
Senate Index
[SJ 1507] SB 123, amending the right to know law.
359, am 594-597, psd 710, H conc 925, enr 1191 (Chapter 83)
From 1986 House Journal, Senate Journal, and Laws of 1986
Wednesday, January 8, 1986
[HJ 9] Rep. Rounds offered the following:
RESOLVED, that in accordance with the list in the possession of the Clerk, House Bills numbered 6 through 512, and House Bills of Intent numbered 2001 through 2009, and House Joint Resolutions numbered 1 through 3, and House Resolutions numbered 1 through 3, and Concurrent Resolutions Proposing Constitutional Amendments numbered 1 through 10, and House Concurrent Resolutions numbered 1 through 3, 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,
HBIs, HJRs, HRs, CACRs and HCRs
First, second reading and referral
[HJ 15] HB 123, amending the right to know law. (Johnson of Sullivan Dist. 2; Sylvia of Hillsborough Dist. 1 - To Judiciary)
Tuesday, March 18, 1986
[HJ 563] COMMITTEE REPORTS (cont.)
[HJ 615] HB 123, amending the right to know law. Ought to Pass with Amendment.
This bill clarifies several sections of the Right to Know Law and codifies case law that has developed around some sections. There are provisions affecting chance or social meetings, attorney's fees, availability of and charges for copies of documents, release of confidential information to those whose health or safety is affected, and access to certain computer-stored records. The bill is the product of a collaborative effort over the summer by the Committee and members of the news media, Municipal Association and the Attorney General's Office. Vote 12-1. Rep. Donna P. Sytek for Judiciary.
Amendment
Amend RSA 91-A:2, I as inserted by section 3 of the bill by striking out same and inserting in place thereof the following:
1. for the purpose of this section, a "meeting" shall mean the convening of a quorum of the membership of a public body, as provided in RSA 91-A:1-a, to discuss or act upon a matter or matters over which the [HJ 616] public body has supervision, control, jurisdiction or advisory power. "Meeting" shall not include:
(a) Any chance meeting or a social meeting neither planned nor intended for the purpose of discussing matters relating to official business and at which no decisions are made; however, no such chance or social meeting shall be used to circumvent the spirit of this chapter;
(b) Strategy or negotiations with respect to collective bargaining; or
(c) Consultation with legal counsel.
Amend RSA 91-A:4, IV as inserted by section 5 of the bill by striking out same and inserting in place thereof the following:
IV. Each public body or agency shall, upon request for any public record reasonably described, make available for inspection and copying any such public record within its files when such records are immediately available for such release. If a public body or agency is unable to make a public record available for immediate inspection and copying, it shall, within 5 business days of request, make such record available, deny the request in writing with reasons, or furnish written acknowledgment of the receipt of the request and a statement of the time reasonably necessary to determine whether the request shall be granted or denied. If a photocopying machine or other device maintained for use by a body or agency is used by the body or agency to copy the public record or document requested, the person requesting the copy may be charged the actual cost of providing the copy, which cost may be collected by the body or agency. Nothing in this section shall exempt any person from paying fees otherwise established by law for obtaining copies of public records or documents, but if such fee is established for the copy, no additional costs or fees shall be charged.
Amend RSA 91-A:5, IV as inserted by section 6 of the bill by striking out same and inserting in place thereof the following:
IV. Records pertaining to internal personnel practices; confidential, commercial, or financial information; test questions, scoring keys, and other examination data used to administer a licensing examination, examination for employment, or academic examinations; and personnel, medical, welfare, and other files whose disclosure would constitute invasion of privacy. Without otherwise compromising the confidentiality of the files, nothing in this paragraph shall prohibit a body or agency from releasing information relative to health or safety from investigative files on a limited basis to persons whose health or safety may be affected.
Amend RSA 91-A:8 as inserted by section 7 of the bill by striking out same 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 record 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 a lawsuit under this chapter provided that the court finds that such lawsuit was necessary in order to make the information available or the proceeding open to the public. Fees shall not be awarded unless the court finds that the body, agency or person knew or should have known that the conduct engaged in was a violation of this chapter or where the parties, by agreement, provide that no such fees shall be paid. In any case where fees are awarded under this chapter, upon a finding that an officer, employee, or other official of a public body or agency has acted in bad faith in refusing to allow [HJ 617] access to a public proceeding or to provide a public record, the court may award such fees personally against such officer, employee, or other official.
II. The court may invalidate an action of a public body or agency taken at a meeting held in violation of the provisions of this chapter, if the circumstances justify such invalidation.
III. In addition to any other relief awarded pursuant to this chapter, the court may issue an order to enjoin future violations of this chapter.
Amendment adopted.
Rep. Sytek offered an amendment.
Amendment
Amend the bill by striking out section 3 and inserting in place thereof the following:
3 Chance Meetings; Negotiation, Consultation. Amend RSA 91-A:2 (supp) as inserted by 1967, 251:1 as amended by striking out said section and inserting in place thereof the following:
91-A:2 Meetings Open to Public.
I. For the purpose of this section, a "meeting" shall mean the convening of a quorum of the membership of a public body, as provided in RSA 91-A:l-a, to discuss or act upon a matter or matters over which the public body has supervision, control, jurisdiction or advisory power. "Meeting" shall not include:
(a) Any chance meeting or a social meeting neither planned nor intended for the purpose of discussing matters relating to official business and at which no decisions are made; however, no such chance or social meeting shall be used to circumvent the spirit of this chapter;
(b) Strategy or negotiations with respect to collective bargaining; or
(c) Consultation with legal counsel.
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 RSA 91-A:6, 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:l-a require 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.
[HJ 618] Hearing no objection the Chair advised the clerk to dispense with the reading of the amendment.
Rep. Sytek explained the amendment.
Rep. Grodin spoke in favor of the amendment.
Amendment adopted.
Ordered to third reading.
[HJ 643] Rep. Rounds offered the following:
RESOLVED, 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 adjourns today it be to meet at the call of the Chair.
Adopted.
LATE SESSION
Third reading and final passage
[HJ 645] HB 123, amending the right to know law.
Tuesday, March 18, 1986
[SJ 357] INTRODUCTION OF HOUSE BILLS
Senator Stabile offered the following Resolution:
RESOLVED, that in accordance with the list in the possession of the Clerk, House Bills numbered 43 through 95 shall be by this resolution read a first and second time by the therein listed titles, and referred to the therein designated committees.
Adopted
First and Second Reading and Referral
[SJ 359] HB 123, amending the right to know law. (To Judiciary)
Thursday, April 24, 1986
NOTE: Committee reports???[SJ 594] HB 123, amending the right to know law. Ought to Pass with Amendment. Senator Boyer for the Judiciary committee.
SENATOR BOYER: 123 deals with the right to know law. It excludes chance meetings or social meetings which are not planned or intended, adds two new exceptions to allow executive sessions to discuss pending litigation and applications by the adult parole board. It requires the printout of properly identified data, includes test questions, and allows the court to validate any action taken at a meeting held in violation of the right to know law. We had the attorney general's office at the hearing who testified in favor of the bill with the amendment, and I understand that we have a floor amendment which has been introduced under my name.
[SJ 595] Amendment to HB 123
Amend RSA 91-A:3, II(e) as inserted by section 4 of the bill by striking out same and inserting in place thereof the following:
(e) Consideration or negotiation of pending claims or litigation which has been threatened in writing or filed against the body or agency or any subdivision thereof, or against any member thereof because of his membership in such body or agency, until the claim or litigation has been fully adjudicated or otherwise settled.
Amend RSA 91-A:4, V as inserted by section 5 of the bill by striking out same and inserting in place thereof the following:
V. In the same manner as set forth in RSA 91-A:4, IV, any body or agency which maintains its records in a computer storage system may, in lieu of providing original documents, provide a printout of any record reasonably described and which the agency has the capacity to produce in a manner that does not reveal information which is confidential under this chapter or any other law. Access to work papers, personnel data and other confidential information under RSA 91-A:5, IV shall not be provided.
Amendment adopted.
SENATOR BOYER: There is before the Senate a floor amendment to HB 123. There is a requirement of notice of meetings and under the House version it said, 'when a meeting of legislative committee is held, publication made pursuant to the rules of the House of Representatives.' Of course there is another body in this legislature so we've amended it so we've replied, 'or the Senate, whichever rules are appropriate', shall be sufficient notice.
SENATOR BARTLETT: Senator Boyer, would you just sort of simply tell what this does?
SENATOR BOYER: What this does is it requires notice of public meetings particularly the legislative meetings in compliance with the rules and the only reason we're amending it is because the House version said that the House rules would apply. Of course, we have different rules as to notice. In some cases they are longer in other cases they are shorter. It was not appropriate just to apply the House rules, so we've inserted - or the Senate - as well. The difference is on page 2 of the floor amendment in the second to last sentence.
[SJ 596] SENATOR CHANDLER: Senator Boyer, I recall that the bill as we heard had something in it about chance meetings so forth and so on would be exempt, is that still in there?
SENATOR BOYER: That is still in there.
SENATOR HOUNSELL: Senator Boyer, I want to thank you, as a Senator, for taking care of that and you have my support, but I wanted to ask you, do you have any idea why the House would forget us?
SENATOR BOYER: First of all I have to thank the legal counsel for the Senate for picking this up, not me. Secondly I have no idea.
Floor Amendment to HB 123
Amend RSA 91-A:2, II as inserted by section 3 of the bill by striking out same and inserting in place thereof the following:
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 RSA 91-A:6, 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 or the senate, whichever rules are appropriate, shall be [SJ 597] 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 require 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.
Floor amendment adopted. Ordered to Third Reading.
[SJ 709] Senator Stabile moved that the rules of the Senate be so far suspended as to allow all bills to be placed on third reading and final passage and all titles be the same as adopted and that they be passed at the present time.
Adopted.
Third Reading and Final Passage
[SJ 710] HB 123, amending the right to know law.
Tuesday, April 29, 1986
[HJ 723] SENATE MESSAGES
REQUESTS CONCURRENCE WITH AMENDMENTS
[HJ 725] HB 123, amending the right to know law. (Amendment printed SJ 4/24)
Rep. Sytek moved that the House concur.
Adopted.
Thursday, May 1, 1986
[SJ 923] HOUSE CONCURS IN SENATE AMENDMENTS
[SJ 925] HB 123, amending the right to know law.
Tuesday, May 13, 1986
[SJ 1190] ENROLLED BILLS REPORT
[SJ 1191] HB 123, amending the right to know law.
NOTE: Committee signature???[HJ 887] ENROLLED BILLS REPORT
[HJ 888] HB 123, amending the right to know law.
Rep. Chris Jacobson
Sen. Rhona Charbonneau
For the Committee.
[Laws 110] Approved May 19, 1986.
Effective Date January 1, 1987.