HB1394 (2010) Detail

Relative to town clerks.


HB 1394-LOCAL – AS INTRODUCED

2010 SESSION

10-2548

08/05

HOUSE BILL 1394-LOCAL

AN ACT relative to town clerks.

SPONSORS: Rep. Butynski, Ches 4; Rep. Parkhurst, Ches 4; Rep. Sapareto, Rock 5; Rep. Walsh, Hills 11

COMMITTEE: Municipal and County Government

ANALYSIS

This bill allows town clerks to digitize past town meeting minutes, record current town meeting minutes and post the minutes in electronic form to the town’s Internet website.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

10-2548

08/05

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Ten

AN ACT relative to town clerks.

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

1 New Section; Digitization and Electronic Publication of Town Meeting Minutes. Amend RSA 31 by inserting after section 133 the following new section:

31:134 Digitization and Electronic Publication of Town Meeting Minutes.

I. If the governing body accepts the provisions of this section, wherever any statute requires the town clerk to record and publish the minutes of a hearing, meeting, or other action of the town, the town clerk may digitize, record, and publish the minutes of such meetings or previous meetings on the town’s Internet website where they shall be available to the public in a medium unalterable by the public.

II. The provisions of this section may be adopted at any annual or special town meeting. In a town that uses the official ballot for the election of officers, the question may be placed on the official ballot. If placed on the official ballot, the question shall be stated substantially as follows: “Shall the town adopt the provision of RSA 31:134 providing for the digital recording and publishing of the minutes of town hearings, meetings, or other town actions on the town’s Internet website? If this action is adopted, the town shall hereafter use its Internet website to publish the minutes of hearings, meetings, or other town actions.”

III. If the question receives an affirmative vote by the majority of those voting, the town shall thereafter post minutes on its Internet website as provided in paragraph I. The town may rescind such vote at any annual or special meeting in the manner provided in paragraph II. If the question of recission is placed on the official ballot, the question shall be stated substantially as follows: “Shall the town rescind its adoption of the provisions of RSA 31:134, providing for the digital recording and publishing of the minutes of town hearings, meetings, or other town actions on the town’s Internet website? If this action is adopted, the town shall no longer digitize, record, and publish the minutes of town hearings, meetings, and other town actions on the town’s Internet website.”

IV. In a town that has adopted a town council form of government under RSA 49-D, the provisions of this section may be adopted or rescinded by a majority vote of the town council.

2 New Section; Digitization and Electronic Publication of Meeting Minutes. Amend RSA 49-C by inserting after section 12 the following new section:

49-C:12-a Digitization and Electronic Publication of Meeting Minutes.

I. If the elected body adopts the provisions of this section wherever there is or has been a municipal hearing, meeting, or other action of a city or any board, committee, or agency, or authority thereof, the minutes shall be digitized, recorded, and published on the municipality’s Internet website, where they shall be available to the public in a medium unalterable by the public.

II. The provisions of this section may be adopted at any time by a majority vote of the elected body and may be rescinded in like manner.

3 Permanent Municipal Records. Amend RSA 33-A:6 to read as follows:

33-A:6 Exception. Notwithstanding any other provision hereof, original town meeting and city council records shall not be disposed of but shall be permanently preserved. Permanent preservation may include digitization by the town clerk. Such records prior to 1900 need not be microfilmed unless legible.

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