HB 1668-FN – AS INTRODUCED
2012 SESSION
01/04
HOUSE BILL 1668-FN
AN ACT relative to an individual’s right to access to all state government files concerning the individual.
SPONSORS: Rep. Ingbretson, Graf 5
COMMITTEE: Executive Departments and Administration
This bill requires any state agency which has files or information pertaining to an individual to make a copy of such file or information for the affected individual, if requested.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
12-2557
01/04
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twelve
AN ACT relative to an individual’s right to access to all state government files concerning the individual.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Chapter; Individual Access to Government Files. Amend RSA by inserting after chapter 21-T the following new chapter:
CHAPTER 21-U
INDIVIDUAL ACCESS TO GOVERNMENT FILES
21-U:1 Individual Access to Government Files; Definition.
I. “State agency” means any board, department, bureau, office, commission, hospital, sanitarium, home, library, school, college, prison, or other institution, by whatever name, conducted or operated by the state of New Hampshire, and shall include the legislative branch of state government and the judicial branch.
II. Any state agency which has possession of a file or information relative to an individual shall give such individual a copy of the file and the information upon the individual’s request. The state agency may charge a reasonable copying fee if appropriate.
2 Effective Date. This act shall take effect 60 days after its passage.
LBAO
12-2557
12/29/11
HB 1668-FN - FISCAL NOTE
AN ACT relative to an individual’s right to access to all state government files concerning the individual.
FISCAL IMPACT:
The Department of Administrative Services and the Judicial Branch state this bill will have an indeterminable impact on state revenues and expenditures in FY 2012 and each year thereafter. There will be no impact on county and local revenues and expenditures.
METHODOLOGY:
The Department of Administrative Services states this bill would allow any individual to obtain a copy of any file or information relative to said individual held by any state agency, the Legislative Branch, or Judicial Branch. The Department states it is unable to predict how many requests may be made as a result of this bill. The Department states it assumes this bill would result in an overall increase to state expenditures as a result of fulfilling requires and copying fees would offset those costs, but is unable to make a determination as to the net effect of this bill.
The Judicial Branch states it is generally already in compliance with the provisions in this bill and therefore would see no fiscal impact relative to fulfilling information requests. However, the Branch states it may incur a fiscal impact as a result of litigation over the question of whether an individual’s right of access to a file or information regarding that individual held by a state agency may be reasonably restricted under Part I, Article 8 of the New Hampshire constitution. The Branch has no information as to how many such cases might arise, if any, but states the potential exists for a fiscal impact as a result of this bill.