HB 1510 - AS INTRODUCED
2016 SESSION
\t16-2649
\t01/09
HOUSE BILL\t1510
AN ACT\trelative to the review of minutes of nonpublic sessions.
SPONSORS:\tRep. Ammon, Hills. 40; Rep. Goulette, Hills. 23; Rep. Spillane, Rock. 2
COMMITTEE:\tJudiciary
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ANALYSIS
\tThis bill requires public bodies to properly notify persons who are the subject of certain nonpublic sessions. This bill also requires public bodies to review minutes of nonpublic sessions every 3 years and after review such records may be sealed.
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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\t\tMatter which is either (a) all new or (b) repealed and reenacted appears in regular type.
\t16-2649
\t01/09
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Sixteen
AN ACT\trelative to the review of minutes of nonpublic sessions.
Be it Enacted by the Senate and House of Representatives in General Court convened:
\t1 Right-to-Know; Nonpublic Sessions. Amend RSA 91-A:3, II(a)-(c) to read as follows:
\t\t\t(a) The dismissal, promotion, or compensation of any public employee or the disciplining of such employee, or the investigation of any charges against him or her, unless the employee affected (1) has a right to a meeting and (2) having been properly notified in advance of the meeting, requests that the meeting be open, in which case the request shall be granted.
\t\t\t(b) The hiring of any person as a public employee.
\t\t\t(c) Matters which, if discussed in public, would likely affect adversely the reputation of any person, other than a member of the public body itself, unless such person having been properly notified in advance of the meeting, requests an open meeting. This exemption shall extend to any application for assistance or tax abatement or waiver of a fee, fine, or other levy, if based on inability to pay or poverty of the applicant.
\t2 Right-to-Know; Nonpublic Sessions; Minutes. Amend RSA 91-A:3, III to read as follows:
\t\tIII. Minutes of meetings in nonpublic session shall be kept and the record of all actions shall be promptly made available for public inspection, except as provided in this section. Minutes and decisions reached in nonpublic session shall be publicly disclosed within 72 hours of the meeting, unless, by recorded vote of 2/3 of the members present taken in public session, it is determined that divulgence of the information likely would affect adversely the reputation of any person other than a member of the public body itself, or render the proposed action ineffective, or pertain to terrorism, more specifically, to matters relating to the preparation for and the carrying out of all emergency functions, developed by local or state safety officials that are directly intended to thwart a deliberate act that is intended to result in widespread or severe damage to property or widespread injury or loss of life. This shall include training to carry out such functions. In the event of such circumstances, information may be withheld until, in the opinion of a majority of members, the aforesaid circumstances no longer apply. In the event that minutes are withheld, the public body shall review sealed minutes of nonpublic sessions every 3 years in an additional nonpublic session. After review, the public body may decide that such records shall remain sealed and shall announce so publicly.
\t3 Effective Date. This act shall take effect January 1, 2017.