Amendment
Amend RSA 91-A:1-b, I and II as inserted by section 1 of the bill by replacing them with the following:
I. "Meeting" means the convening of a quorum of the membership of a public body, as defined in RSA 91-A:1-b, II 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, provided that only members of the body, legal counsel, or the agents and employees of either are present and that only legal matters are discussed.
II. "Public body" means:
(a) The general court, including committees of conference and executive sessions of committees;
(b) The governor's council;
(c) The governor with the governor's council;
(d) Any board, commission, agency, or other authority of state government;
(e) Any board, commission, agency, or other authority, of any county, town, municipal corporation, school district, or other political subdivision;
(f) The board of trustees of the university system of New Hampshire and committees of that board; or
(g) Any committee, subcommittee or subordinate body thereof, or advisory committee to any of the above.
Amend RSA 91-A: 3, I as inserted by section 3 of the bill by replacing it with the following:
1. Bodies or agencies may meet in executive session for deliberations only after a majority vote of members present, which shall be recorded in the minutes of the meeting. All sessions at which information, evidence, or testimony in any form is received, except as provided in paragraph II, shall be open to the public. No ordinance, orders, rules, resolutions, regulations, contracts, appointments, or other official actions shall be finally approved in executive session except as provided in paragraph II. The record and minutes of the executive session, as provided in RSA 91-A:4, shall be available for public inspection promptly, except as provided in RSA 91-A:4, 11(b).
Amend RSA 91-A:7-a as inserted by section 7 of the bill by replacing it with the following:
91-A:7-a Penalty. Whoever knowingly violates the provisions of this chapter shall be guilty of a violation.
Amend RSA 91-A:8, I as inserted by section 8 of the bill by replacing it with the following:
I. If any public 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 access to a public proceeding or to provide a public record, the court [may] shall award such fees personally against such officer, employee, or other official.
Amend the bill by replacing section 9 with the following:
9 Effective Date. This act shall take effect 90 days after its passage.
AMENDED ANALYSIS
This bill amends RSA 91-A, the "right-to-know" law.
The bill defines "meetings", "public body", and "public proceedings", and states that RSA 91-A shall be liberally construed to provide the greatest access to records and meetings. The governor and governor's council and legislative committees of conference are included as public bodies.
The bill also requires that refusal of access to records exempt from public access be specifically based on statutory authority.
The bill makes certain persons who are not members of a public body subject to remedies and penalties under RSA 91-A under certain circumstances, and adds a criminal penalty provision.
In addition, the bill rearranges certain sections of the current law for the sake of clarity.