HB854 (2007) Detail

Relative to remedies under the right-to-know law.


HB 854-LOCAL – AS INTRODUCED

2007 SESSION

07-0328

01/03

HOUSE BILL 854-LOCAL

AN ACT relative to remedies under the right-to-know law.

SPONSORS: Rep. J. Thomas, Belk 5; Rep. Espiefs, Ches 3

COMMITTEE: Judiciary

ANALYSIS

This bill clarifies certain remedies available under the right-to-know law.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

07-0328

01/03

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Seven

AN ACT relative to remedies under the right-to-know law.

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

1 Right-to-Know; Remedies. Amend RSA 91-A:8 to read as follows:

91-A:8 Remedies.

I. [If] Any public body or agency or employee or member thereof, [in violation of] who violates 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] an action brought pursuant to RSA 91-A:7, provided 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 award such fees personally against such officer, employee, or other official.

I-a. The court may award [attorneys’] attorney’s fees to a board, agency, or employee or member thereof, for having to defend [against a person’s lawsuit] any action under the provisions of this chapter, when the court makes an affirmative finding that the [lawsuit] action is in bad faith, frivolous, unjust, vexatious, wanton, or oppressive.

II. The court may invalidate [an action] a decision of a public body or agency taken at a meeting held in violation of the provisions of this chapter, if the circumstances justify such invalidation.

III. In addition to any other relief awarded pursuant to this chapter, the court may issue an order to enjoin future violations of this chapter.

2 Effective Date. This act shall take effect July 1, 2007.