HB1179 (2008) Detail

(New Title) including certain nonprofit organizations under the right-to-know law and including a reference in a section of the right-to-know law.


CHAPTER 278

HB 1179 – FINAL VERSION

05Mar2008… 0158h

05/14/08 1718s

04Jun2008… 2157eba

2008 SESSION

08-2138

01/09

HOUSE BILL 1179

AN ACT including certain nonprofit organizations under the right-to-know law and including a reference in a section of the right-to-know law.

SPONSORS: Rep. Franklin, Sull 2

COMMITTEE: Judiciary

AMENDED ANALYSIS

This bill includes certain nonprofit organizations under the right-to-know law.

This bill also includes a reference in an RSA section of the right-to-know law if HB 1408-LOCAL becomes 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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

05Mar2008… 0158h

05/14/08 1718s

04Jun2008… 2157eba

08-2138

01/09

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Eight

AN ACT including certain nonprofit organizations under the right-to-know law and including a reference in a section of the right-to-know law.

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

278:1 Right-to-Know Law; Charitable Organizations. Amend RSA 91-A:1-a, I(d) to read as follows:

(d) Any board, commission, agency or authority, of any county, town, municipal corporation, school district, school administrative unit, charter school, or other political subdivision, or any committee, subcommittee or subordinate body thereof, or advisory committee thereto;

(e) Any corporation that has as its sole member the state of New Hampshire, any county, town, municipal corporation, school district, school administrative unit, village district, or other political subdivision, and that is determined by the Internal Revenue Service to be a tax exempt organization pursuant to section 501(c)(3) of the Internal Revenue Code.

278:2 Right-to-Know Law; Definition of “Meeting.” Amend the introductory paragraph of RSA 91-A:2, I to read as follows:

I. For the purpose of this chapter, a “meeting” means the convening of a quorum of the membership of a public body, as defined in RSA 91-A:1-a, VI, or the majority of the members of such public body if the rules of that body define “quorum” as more than a majority of its members, whether in person, by means of telephone or electronic communication, or in any other manner such that all participating members are able to communicate with each other contemporaneously, subject to the provisions set forth in RSA 91-A:2, III, for the purpose of discussing or acting upon a matter or matters over which the public body has supervision, control, jurisdiction, or advisory power. A chance, social, or other encounter not convened for the purpose of discussing or acting upon such matters shall not constitute a meeting if no decisions are made regarding such matters. “Meeting” shall also not include:

278:3 New Subparagraph; Right-to-Know Law; Charitable Organizations. Amend RSA 91-A:1-a, VI by inserting after subparagraph (d) the following new subparagraph:

(e) Any corporation that has as its sole member the state of New Hampshire, any county, town, municipal corporation, school district, school administrative unit, village district, or other political subdivision, and that is determined by the Internal Revenue Service to be a tax exempt organization pursuant to section 501(c)(3) of the Internal Revenue Code.

278:4 Contingency.

I. If HB 1408-LOCAL of the 2008 legislative session becomes law, section 2 of this act shall take effect July 1, 2008 at 12:01 a.m. If HB 1408-LOCAL does not become law, section 2 of this act shall not take effect.

II. If HB 1408-LOCAL of the 2008 legislative session becomes law, section 3 of this act shall take effect July 1, 2008 at 12:01 a.m. and section 1 of this act shall not take effect. If HB 1408-LOCAL does not become law, section 1 of this act shall take effect 60 days after the passage of this act and section 3 of this act shall not take effect.

278:5 Effective Date.

I. Sections 2 and 3 of this act shall take effect as provided in section 4 of this act.

II. Section 4 of this act shall take effect upon its passage.

III. The remainder of this act shall take effect 60 days after its passage.

Approved: June 27, 2008

Effective Date: I. Sections 2 and 3 shall take effect as provided in section 4.

II. Section 4 shall take effect June 27, 2008.

III. Remainder shall take effect August 26, 2008.