HB41 (2005) Detail

(New Title) relative to the right-to-know oversight commission.


CHAPTER 3

HB 41 – FINAL VERSION

9Feb2005… 0044h

2005 SESSION

05-0022

01/09

HOUSE BILL 41

AN ACT relative to the right-to-know oversight commission.

SPONSORS: Rep. Thomas, Belk 5; Rep. Cady, Rock 1

COMMITTEE: Judiciary

AMENDED ANALYSIS

This bill changes the name of the right-to-know study commission to the right-to-know oversight commission, and extends the commission for 5 years.

This bill is a request of the right-to-know study commission established in 2003, 287.

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

9Feb2005… 0044h

05-0022

01/09

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Five

AN ACT relative to the right-to-know oversight commission.

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

3:1 New Subdivision; Right-to-Know Oversight Commission. Amend RSA 91-A by inserting after section 10 the following new subdivision:

Right-to-Know Oversight Commission

91-A:11 Oversight Commission Established. 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.

91-A:12 Membership and Compensation.

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.

91-A:13 Duties. 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.

91-A:14 Chairperson; Quorum. The members of the commission shall elect a chairperson from among the members. Nine members of the commission shall constitute a quorum.

91-A:15 Report. 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.

3:2 Repeal. RSA 91-A:11 – RSA 91-A:15, relative to the right-to-know oversight commission, are repealed.

3:3 Effective Date.

I. Section 2 of this act shall take effect November 1, 2010.

II. The remainder of this act shall take effect upon its passage.

(Approved: May 3, 2005)

(Effective Date: I. Section 2 shall take effect November 1, 2010.

II. Remainder shall take effect May 3, 2005)

Links

HB41 at GenCourtMobile

Action Dates

Date Body Type

Bill Text Revisions

HB41 Revision: 8862 Date: Jan. 21, 2010, midnight

Docket