HB838 (2007) Detail

Allowing municipalities to recover certain costs related to right-to-know requests.


HB 838-FN-LOCAL – AS INTRODUCED

2007 SESSION

07-0637

01/03

HOUSE BILL 838-FN-LOCAL

AN ACT allowing municipalities to recover certain costs related to right-to-know requests.

SPONSORS: Rep. Lasky, Hills 26; Rep. Clemons, Hills 24

COMMITTEE: Municipal and County Government

ANALYSIS

This bill allows municipalities to recover certain costs related to right-to-know requests.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

07-0637

01/03

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Seven

AN ACT allowing municipalities to recover certain costs related to right-to-know requests.

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

1 Right-to-Know Law; Costs of Copies. Amend RSA 91-A:4, IV to read as follows:

IV. Each public body or agency shall, upon request for any public record reasonably described, make available for inspection and copying any such public record within its files when such records are immediately available for such release. If a public body or agency 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 body or agency is used by the body or agency to copy the public record or document requested, the person requesting the copy may be charged the actual cost of providing the copy, which cost may be collected by the body or agency. The body or agency may also recover costs associated with research of and time to process requests for copies of public records or documents. Nothing in this section shall exempt any person from paying fees otherwise established by law 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.

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

LBAO

07-0637

Revised 03/02/07

HB 838 FISCAL NOTE

AN ACT allowing municipalities to recover certain costs related to right-to-know requests.

FISCAL IMPACT:

      The Department of Administrative Services, New Hampshire Association of Counties, and the New Hampshire Municipal Association state this bill will increase state, county, and local revenue by an indeterminable amount in FY 2007 and each year thereafter. There will be no fiscal impact on state, county, and local expenditures.

METHODOLOGY:

    The Department of Administrative Services, New Hampshire Association of Counties, and the New Hampshire Municipal Association state this bill will allow for the recovery of costs associated with researching and processing right-to-know requests. This bill will increase state, county, and local revenue by an indeterminable amount unless an entity has already established fees in accordance with RSA 91-A:4,IV.