1987 HB447 As Introduced

HOUSE BILL NO. 447

INTRODUCED BY: Rep. Koromilas of Strafford Dist. 6

REFERRED TO: Judiciary

AN ACT relative to the right to know law.

ANALYSIS

This bill adds the transactions of any business by the governor to the definition of public proceedings. This bill mandates that minutes of executive sessions be available for public disclosure within 72 hours of the meeting. Current law provides an exception that if 2/3 of the members present determine that the information would adversely affect the reputation of a person other than a member of the body or agency or the proposed action would be ineffective, the minutes do not have to be disclosed until such circumstances no longer apply.

This bill also repeals the provision allowing consultations with legal counsel to be exempted from the definition of meetings open to the public.

EXPLANATION: Matter added appears in bold italics. Matter removed appears in [brackets]. Matter which is repealed and reenacted or all new appears in regular type.


HB 447

STATE OF NEW HAMPSHIRE

In the year of Our Lord one thousand nine hundred and eighty-seven

AN ACT

relative to the right to know law.

Be it Enacted by the Senate and House of Representatives in General Court convened:

1 Total Access to Public Records and Meetings. Amend RSA 91-A:1 to read as follows:

91-A:1 Preamble. Openness in the conduct of public business is essential to a democratic society. The purpose of this chapter is to [ensure both the greatest possible public] provide full and total access to the actions, discussions and records of all public bodies, and their accountability to the people.

2 Governor Added. Amend RSA 91-A:1-a, II to read as follows:

II. The governor and the governor's council;

3 Exception Omitted. Amend RSA 91-A:3, III to read as follows:

III. Minutes of Executive Sessions. Minutes of proceedings in executive session shall be kept, at least to the extent of recording any decisions made therein. Decisions reached in executive session must be publicly disclosed within 72 hours of the meeting[, unless, in the opinion of 2/3 of the members present, divulgence of the information likely would affect adversely the reputation of any person other than a member of the body or agency itself or render the proposed action ineffective. In event of such circumstances, information may be withheld until, in the opinion of a majority of members, the aforesaid circumstances no longer apply].

4 Repeal. RSA 91-A:2, I(c), relative to consultation with legal counsel, is repealed.

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