CHAPTER 206
HB 1223-FN – FINAL VERSION
7Mar2012… 0866h
05/02/12 1860s
05/02/12 1925s
2012 SESSION
01/10
HOUSE BILL 1223-FN
AN ACT relative to remedies under the right-to-know law.
SPONSORS: Rep. Giuda, Merr 7; Rep. Watrous, Merr 12; Rep. J. Garrity, Rock 6; Rep. Pitre, Straf 3; Rep. Notter, Hills 19; Rep. LeBrun, Hills 26; Rep. Hansen, Hills 6
This bill clarifies the remedies for violations of 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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
7Mar2012… 0866h
05/02/12 1860s
05/02/12 1925s
12-2145 01/10
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twelve
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:
206:1 Right-to-Know Law; Remedies. RSA 91-A:8 is repealed and reenacted to read as follows:
91-A:8 Remedies.
I. If any public body or public agency or officer, employee, or other official thereof, violates any provisions of this chapter, such public body or public agency 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 enforce compliance with the provisions of this chapter or to address a purposeful violation of this chapter. Fees shall not be awarded unless the court finds that the public body, public agency, or person knew or should have known that the conduct engaged in was in violation of this chapter or if the parties, by agreement, provide that no such fees shall be paid.
II. The court may award attorney’s fees to a public body or public agency or employee or member thereof, for having to defend against a lawsuit under the provisions of this chapter, when the court finds that the lawsuit is in bad faith, frivolous, unjust, vexatious, wanton, or oppressive.
III. The court may invalidate an action of a public body or public agency taken at a meeting held in violation of the provisions of this chapter, if the circumstances justify such invalidation.
IV. If the court finds that an officer, employee, or other official of a public body or public agency has violated any provision of this chapter in bad faith, the court shall impose against such person a civil penalty of not less than $250 and not more than $2,000. Upon such finding, such person or persons may also be required to reimburse the public body or public agency for any attorney’s fees or costs it paid pursuant to paragraph I. If the person is an officer, employee, or official of the state or of an agency or body of the state, the penalty shall be deposited in the general fund. If the person is an officer, employee, or official of a political subdivision of the state or of an agency or body of a political subdivision of the state, the penalty shall be payable to the political subdivision.
V. The court may also enjoin future violations of this chapter, and may require any officer, employee, or other official of a public body or public agency found to have violated the provisions of this chapter to undergo appropriate remedial training, at such person or person’s expense.
206:2 Effective Date. This act shall take effect January 1, 2013.
Approved: June 13, 2012
Effective Date: January 1, 2013