Changes effective 3 May 2005 by session law 2005, 3. Prior version was effective 26 Aug 1967 by session law 1967, 251.
There is established an oversight commission to study and oversee the right-to-know law in light of the supreme court's decision in Hawkins v. N.H. Department of Health and Human Services and increasing use of electronic communications in the transaction of governmental business.
I. The members of the oversight commission shall be as follows:
(a) Four members of the house of representatives, one from the science, technology and energy committee, one from the municipal and county government committee, one from the judiciary committee, and one other member, appointed by the speaker of the house.
(b) Three members of the senate, appointed by the president of the senate.
(c) Three municipal officials, appointed by the New Hampshire Municipal Association.
(d) One school board member, appointed by the New Hampshire School Boards Association.
(e) One school administrator, appointed by the New Hampshire School Administrators Association.
(f) Two county officials, appointed by the New Hampshire Association of Counties.
(g) Four members of the public, one of whom shall be an attorney who has knowledge of and experience with the right-to-know law, one of whom shall be an information technology professional, and one of whom shall be a telecommunications professional, all appointed by the governor with the consent of the council.
(h) The attorney general, or designee.
II. Legislative members of the commission shall receive mileage at the legislative rate when attending to the duties of the commission.
The commission shall study:
I. The need for disclosure requirements or guidelines for email and other electronic communication occurring between and among state, county, and local government appointed and elected officials and employees of governmental entities.
II. The need for disclosure requirements or guidelines for electronic communications with constituents of state, county, and local government appointed and elected officials and employees of governmental entities.
III. Archival requirements for electronic documents.
IV. The status of proprietary data within the definitions of the right-to-know law.
V. The ability to recover costs relative to the retrieval of electronic files and communications.
VI. Issues relative to public records posted to web sites of governmental entities.
VII. Whether a member of a body subject to the right-to-know law may participate in a meeting by teleconference or other electronic means.
VIII. The extent to which the public will be provided access to stored computer data under the right-to-know law.
IX. Any other matter deemed relevant by the commission.
The members of the commission shall elect a chairperson from among the members.
Nine members of the commission shall constitute a quorum.
The commission shall make an annual report beginning on November 1, 2005, together with its findings and any recommendations for proposed legislation to the speaker of the house of representatives, the senate president, and the governor.