HB 1216-FN - AS INTRODUCED
2016 SESSION
\t16-2096
\t01/06
HOUSE BILL\t1216-FN
AN ACT\trequiring public bodies and agencies to provide information which is not regularly kept or reported upon payment by the requestor.
SPONSORS:\tRep. Verschueren, Straf. 13; Rep. Baber, Straf. 14; Rep. Frazer, Merr. 13; Rep. Bixby, Straf. 17; Rep. C. Chase, Ches. 8; Sen. Watters, Dist 4
COMMITTEE:\tJudiciary
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ANALYSIS
\tThis bill requires public bodies and agencies to provide information in a form not regularly kept or reported upon payment by the requestor.
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Explanation:\tMatter added to current law appears in bold italics.
\t\tMatter removed from current law appears [in brackets and struckthrough.]
\t\tMatter which is either (a) all new or (b) repealed and reenacted appears in regular type.
\t16-2096
\t01/06
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Sixteen
AN ACT\trequiring public bodies and agencies to provide information which is not regularly kept or reported upon payment by the requestor.
Be it Enacted by the Senate and House of Representatives in General Court convened:
\t1 Right-to-Know; Minutes and Records Available for Public Inspection RSA 91-A:4, VII is repealed and reenacted to read as follows:
\t\tVII. Members of the public may request that a public body or agency compile, cross-reference, or assemble information into a form in which it is not regularly kept or reported by that body or agency. The agency or public body shall comply with such requests, if it is reasonably practical to do so. The public body or agency may charge the recipient of the information the fair and reasonable cost of providing it. The public body or agency shall provide the requestor with an estimate of any expected costs greater than $100 prior to providing the information. The requestor shall have up to 10 business days after receipt of such an estimate in which to proceed with or withdraw a request if he or she wishes to do so.
\t2 Effective Date. This act shall take effect 60 days after its passage.
\t\t\t\t\t\t\t\t\t\t\t16-2096
\t\t\t\t\t\t\t\t\t\t\t11/12/15
1216-FN - FISCAL NOTE
AN ACT\trequiring public bodies and agencies to provide information which is not regularly kept or reported upon payment by the requestor.
FISCAL IMPACT:
The Department of Administrative Services, Department of Justice, Judicial Branch, New Hampshire Association of Counties, and New Hampshire Municipal Association state this bill, as introduced, may increase state, county, and local expenditures and revenue by indeterminable amounts in FY 2016 and each year thereafter.
METHODOLOGY:
The Department of Administrative Services states this bill requires public bodies and agencies to compile, cross-reference, or assemble information into a form in which it is not regularly kept or reported when requested by members of the public. Public bodies and agencies may charge the requestor the fair and reasonable cost of providing the requested documents. The Department assumes that responding to right-to-know requests, as proposed by this bill, could be more labor intensive than the current process for the state, counties, and municipalities. The number and types of requests may vary greatly among all levels of government which may cause state, county, and local expenditures to increase by indeterminable amounts. It is unknown as to whether public bodies and agencies would need to hire additional staff to respond to requests. Further, the Department cannot estimate which public bodies and agencies would charge fees and at what rates which, could increase state, county, and local revenue by indeterminable amounts.
The Department of Justice states it receives hundreds of right-to-know requests each year and it assumes this number would increase by an indeterminable amount. The requirement to compile, cross-reference, or assemble information will increase the amount of staff time needed to respond to requests by an unknown amount. The Department assumes it would need at minimum, one full-time paralegal (LG 19) to respond to requests which would cost:
| FY 2017 | FY 2018 | FY 2019 | FY 2020 |
Salary | $37,752 | $40,092 | $41,828 | $43,505 |
Benefits | $24,474 | $26,205 | $27,909 | $29,703 |
Current Expenses | $250 | $250 | $250 | $250 |
Equipment | $5,000 | $0 | $0 | $0 |
Travel | $100 | $100 | $100 | $100 |
Total | $67,576 | $66,647 | $70,087 | $73,558 |
The Department of Justice provides counsel to all state agencies, commissions, and boards on issues related to right-to-know requests. This bill may increase demand for legal counsel which could increase state expenditures.
The Judicial Branch states this bill may increase state expenditures by an indeterminable amount depending on the number and complexity of right-to-know requests made under the requirements included in this bill. However, in most years this bill would not have a fiscal impact in excess of $10,000.
The New Hampshire Association of Counties states this bill will increase county expenditures and revenue but it cannot determine the extent of the impact. The Association states many counties do not have the staff or expertise to compile, cross reference, or assemble information as specified in the proposed bill.
The New Hampshire Municipal Association states this bill could result in a significant increase in the number of requests filed with municipalities under the right-to-know law which could result in additional staff time and expenses. The Association states municipalities may experience increased revenues, as they may charge requestors for the fair and reasonable costs of providing the request, but the additional revenue is unlikely to cover additional expenses resulting from this bill.