HB365 (2017) Compare Changes


Unchanged Version

Text to be removed highlighted in red.

1 Right-to-Know; Remedies; Attorney's Fees. Amend RSA 91-A:8, I to read as follows:

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.

2 Effective Date. This act shall take effect January 1, 2018.

Changed Version

Text to be added highlighted in green.

1 Right-to-Know; Remedies; Attorney's Fees. Amend RSA 91-A:8, I to read as follows:

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 if the parties, by agreement, provide that no such fees shall be paid.

2 Effective Date. This act shall take effect January 1, 2018.