HB 1593-FN-LOCAL - AS INTRODUCED
2016 SESSION
\t16-2406
\t10/08
HOUSE BILL\t1593-FN-LOCAL
AN ACT\trestricting fees for obtaining copies of public records and requiring certain information on public official and legislative financial disclosure forms.
SPONSORS:\tRep. Brewster, Merr. 21
COMMITTEE:\tLegislative Administration
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ANALYSIS
\tThis bill limits the cost of obtaining a copy of a public record to the actual cost and requires that financial disclosure forms of public officials and legislators include specific information.
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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\t\tMatter which is either (a) all new or (b) repealed and reenacted appears in regular type.
\t16-2406
\t10/08
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Sixteen
AN ACT\trestricting fees for obtaining copies of public records and requiring certain information on public official and legislative financial disclosure forms.
Be it Enacted by the Senate and House of Representatives in General Court convened:
\t1 Right to Know Law; Copies; Fees Charged. Amend RSA 91-A:4, IV to read as follows:
\t\tIV. Each public body or agency shall, upon request for any governmental record reasonably described, make available for inspection and copying any such governmental record within its files when such records are immediately available for such release. If a public body or agency is unable to make a governmental record available for immediate inspection and copying, it shall, within 5 business days of request, make such record available, deny the request in writing with reasons, or furnish written acknowledgment of the receipt of the request and a statement of the time reasonably necessary to determine whether the request shall be granted or denied. If a computer, photocopying machine, or other device maintained for use by a public body or agency is used by the public body or agency to copy the governmental record requested, the person requesting the copy may be charged the actual cost of providing the copy, which shall not include any amount of the cost of searching, compilation, and labor of the public body or agency in making the copy, which cost may be collected by the public body or agency. Nothing in this section shall exempt any person from paying fees otherwise established by law for obtaining copies of governmental records or documents, but if such fee is established for the copy, no additional costs or fees shall be charged.
\t2 New Paragraph; Legislative Financial Disclosure Form. Amend RSA 14-B:8 by inserting after paragraph III the following new paragraph:
\t\tIII-a. For disclosures under paragraphs II and III, the reporting individual shall provide the name and address of the family member whose income is listed and shall specifically identify the title and nature of the position in the businesses, professions, occupations, groups, or matters listed for the reporting individual or reporting individual's family member.
\t3 New Paragraph; Financial Disclosure; Public Officials. Amend RSA 15-A:5 by inserting after paragraph I the following new paragraph:
\t\tI-a. For disclosures under subparagraphs I(c) and (d), the reporting individual shall provide the name and address of the family member whose income is listed and shall specifically identify the title and nature of the position in the businesses, professions, occupations, groups, or matters listed for the reporting individual or reporting individual's family member.
\t4 Effective Date. This act shall take effect 60 days after its passage.
\t\t\t\t\t\t\t\t\t\t\t16-2406
\t\t\t\t\t\t\t\t\t\t\t12/4/15
HB 1593-FN-LOCAL- FISCAL NOTE
AN ACT\trestricting fees for obtaining copies of public records and requiring certain information on public official and legislative financial disclosure forms.
FISCAL IMPACT:
The Department of State, New Hampshire Association of Counties, and Judicial Branch state this bill, as introduced, may increase state expenditures and decrease state and county revenue by an indeterminable amount in FY 2017 and each year thereafter. There will be no fiscal impact to county and local expenditures or local revenue.
METHODOLOGY:
The Department of State states this bill requires the charges for copies of documents, not otherwise established in statute, to reflect the actual cost of producing copies, not including staff time for research, compilation and production. To accommodate this change, the Department would need to adjust its fees downward, resulting in a loss of approximately $1,000 of state revenue annually. This bill requires additional information be submitted by public officials and legislators on financial disclosure forms. Changes to the financial disclosure form would be absorbed within the Department's existing budget.
The New Hampshire Association of Counties states this bill may decrease county revenue by an indeterminable amount. Such a decrease is dependent upon the number and scope of right-to-know requests made. By removing the phrase "the actual cost of providing" and only allowing a per page fee for the copy, counties may not be compensated for the staff time utilized to search for, prepare, and copy documents.
The Judicial Branch states it currently charges a flat fee of 50 cents per page. The Branch does not anticipate any fiscal impact related to right-to-know requests. This bill contains an unspecified misdemeanor which can be either class A or B, with the presumption being a class B. There is no method to determine how many charges would be brought as a result of this bill to determine the fiscal impact on expenditures. The table below provides the potential costs associated with the penalties included in this bill:
| FY 2017 | FY 2018 |
Judicial Branch* |
|
|
Class B Misdemeanor | $50 | $53 |
Class A Misdemeanor | $70 | $74 |
Appeals | Varies | Varies |
*It should be noted average case cost estimates for FY 2017 and FY 2018 are based on data that is more than ten years old and does not reflect changes to the courts over that same period of time or the impact these changes may have on processing the various case types. | ||
The Department of Administrative Services states this bill will have no fiscal impact on its operations and it cannot estimate how this bill would impact other executive branch agencies.
The New Hampshire Municipal Association states this bill will have no fiscal impact on localities.