1987 HB551 As Introduced

HOUSE BILL NO. 551-FN

INTRODUCED BY: Rep. King of Grafton Dist. 6; Rep. McCain of Rockingham Dist. 11; Rep. Hall of Hillsborough Dist. 16

REFERRED TO: Executive Departments and Administration

AN ACT relative to computer based public records.

ANALYSIS

This bill requires public bodies or agencies subject to RSA 91-A to provide citizens with access to public records stored on a computer or on a computer accessible medium, in a manner prescribed by the commissioner of the department of administrative services.

The bill also establishes a public access advisory board to advise the commissioner in this endeavor.

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 Matter which is repealed and reenacted or all new appears in regular type.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 551-FN

STATE OF NEW HAMPSHIRE

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

AN ACT

relative to computer based public records.

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

1 Purpose. The general court recognizes that citizen access to public information is crucial if government is to be responsive to the citizenry. Therefore, the general court hereby establishes the public access advisory board to further this endeavor.

2 New Subdivision; Computer Access. Amend RSA 91-A by inserting after section 8 the following new subdivision:

Computer Access to Public Records

91-A:9 Public Access to Computer Information.

I. In this section "commissioner" means the commissioner of the department of administrative services.

II. Public bodies or agencies, subject to the provisions of this chapter, shall, within a time frame established by the commissioner, provide citizens with access to public records stored on computers or on a computer accessible medium in a manner prescribed by the commissioner. Persons requesting such information shall not have access to those records exempt under RSA 91-A:5.

III. The commissioner of the department of administrative services shall adopt rules, pursuant to RSA 541-A, relative to:

(a) The method of distribution of public information stored on computers or on a computer accessible medium by public bodies and agencies.

(b) The format and procedures for a release of information under this subdivision.

(c) The time within which public bodies or agencies shall be in compliance with this subdivision.

(d) Any other matter necessary to the administration of this subdivision.

91-A:10 Board Established.

I. There is hereby established a public access advisory board which shall advise the commissioner of the department of administrative services on how to attain his goal of providing citizens with access to public information stored on computers by public bodies and agencies.

II. The advisory board shall consist of 7 members. The commissioner of administrative services or his designee shall serve on the board and the following members shall be appointed by the governor and council: one representative of the business community, one professional member of the computer industry, one representative from the legal community, and 3 public members. The term of office of each member appointed by the governor and council shall be 3 years, except that of the initial appointments, 2 members shall serve for 1 year, 2 members shall serve for 2 years and 3 members shall serve for 3 years. The governor shall determine which members shall serve the terms of the initial appointments, and each member shall serve until his successor is appointed and qualified. Vacancies shall be filled in the same manner and for the unexpired terms. The commissioner of administrative services or his designee shall set the date for the first meeting at which the board members shall elect a chairman.

III. The board shall submit reports on a quarterly basis to the house executive departments and administration committee.

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


HB 551-FN

LBAO
LSR 87-0027
2/7/87

FISCAL NOTE for an act relative to computer based public records.

FISCAL IMPACT: The Department of Administrative Services is unable to determine the fiscal impact of this bill.

METHODOLOGY: The Department is unable to assess the fiscal impact of the bill because of the complexity of the task of providing access to the states variety of hardware and software.