1987 HB727 Senate Amendment

Floor Amendment to HB 727

Amend RSA 91-A:1-b, I(c) as inserted by section 1 of the bill by replacing it with the following:

(c) Consultation with legal counsel, provided that only members of the body, legal counsel, and those persons whose presence would not abrogate the attorney-client privilege are present.

Amend RSA 91-A:2, I as inserted by section 2 of the bill by replacing it with the following:

I. All public proceedings, as defined by RSA 91-A:1-b, III, shall be open to the public and all persons shall be permitted to attend any meetings of those public bodies.

Amend RSA 91-A:3, I as inserted by section 3 of the bill by replacing it with the following:

I. 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, II(b).

Amend RSA 91-A:4, I as inserted by section 4 of the bill by replacing it with the following:

I. All minutes and records of meetings shall be available to the public, and all persons shall have access to them in accordance with this section.

Amend RSA 91-A:4, Ill(d) and (e) as inserted by section 4 of the bill by replacing them with the following:

(d) Each public body shall, upon request for any public record reasonably described, make available for inspection and copying any such public record within its files when the record is immediately available for release. If a public body 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 public body is used by the body to copy the public record or document requested, the person requesting the copy may be charged only the actual cost of providing the copy, which cost shall not exceed $1 per page and which may be collected by the public body. Nothing in this section shall exempt any person from paying fees otherwise established by statute 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.

(e) In the same manner as set forth in RSA 91-A:4, III(d) any public body which maintains its records in a computer storage system may, in lieu of providing original documents, provide a printout of any records reasonably described and which the body has the capacity to produce in a manner that does not reveal information which is confidential under this chapter or any other law. The person requesting the information may be charged only the actual cost of providing such printout. Access to work papers, individual personnel files, and other confidential information under RSA 91-A:5, I(d) shall not be provided.

Amend RSA 91-A:5, I(e) as inserted by section 5 of the bill by replacing it with the following:

(e) Confidential commercial, or financial information of an individual, partnership, or corporation.

Amend the bill by replacing all after section 6 with the following:

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