HB349 (2009) Detail

Relative to legislator email records.


HB 349 – AS AMENDED BY THE HOUSE

24Mar2009… 0549h

2009 SESSION

09-0120

10/01

HOUSE BILL 349

AN ACT relative to legislator email records.

SPONSORS: Rep. Kurk, Hills 7; Rep. Tupper, Merr 6

COMMITTEE: Legislative Administration

ANALYSIS

This bill provides that electronic communication or email of a legislator is confidential, not accessible by any other person without the consent of the legislator, and not subject to subpoena.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

24Mar2009… 0549h

09-0120

10/01

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Nine

AN ACT relative to legislator email records.

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

1 Findings and Purpose. The general court finds the public interest will be served if constituents and others can communicate openly and candidly with members of the house of representatives and senate. Communications by e-mail and other electronic forms carry with them the potential for widespread and rapid public dissemination. The general court is concerned that fear on the part of constituents and others that their communications will be made public without their knowledge or consent has had and will continue to have a chilling effect on such communications to the detriment of the legislative process. The purpose of this act is to insure the confidentiality of such electronic communications in order to re-open the dialogue between legislators and the public so vital to making better public policy.

2 New Section; Legislators; Electronic Communication; Email. Amend RSA 14 by inserting after section 11 the following new section:

14:11-a Legislators; Electronic Mail; Email; Privilege. The record of electronic communication, or email, of a current or former member of the house of representatives or senate, related to his or her function as a legislator, which is not a governmental record under RSA 91-A shall be confidential and shall not be made accessible to any other person without the consent of the current or former member. All such electronic records shall be confidential and privileged and shall be protected from direct or indirect means of discovery, subpoena, or admission into evidence in any judicial or administrative proceeding.

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