Revision: March 10, 2017, 2:16 p.m.
HB 460 - AS AMENDED BY THE HOUSE
8Mar2017... 0155h
2017 SESSION
17-0538
01/03
HOUSE BILL 460
AN ACT relative to minutes under the right-to-know law.
SPONSORS: Rep. True, Rock. 4; Rep. J. Edwards, Rock. 4; Rep. Torosian, Rock. 14; Rep. Brown, Graf. 16; Rep. Comeau, Carr. 5
COMMITTEE: Judiciary
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This bill requires any objection to a discussion taking place in a meeting of a public body, including nonpublic sessions, under the right-to-know law to be recorded in the minutes of the meeting.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
8Mar2017... 0155h 17-0538
01/03
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Seventeen
AN ACT relative to minutes under the right-to-know law.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Right-to-Know Law; Nonpublic Sessions. Amend RSA 91-A:2, II to read as follows:
II. Subject to the provisions of RSA 91-A:3, all meetings, whether held in person, by means of telephone or electronic communication, or in any other manner, shall be open to the public. Except for town meetings, school district meetings, and elections, no vote while in open session may be taken by secret ballot. Any person shall be permitted to use recording devices, including, but not limited to, tape recorders, cameras, and videotape equipment, at such meetings. Minutes of all such meetings, including nonpublic sessions, shall include the names of members, persons appearing before the public bodies, and a brief description of the subject matter discussed and final decisions. Minutes of all such meetings, including nonpublic sessions, shall also include any objections made to any discussion in a meeting of such body if a member of a public body believes that the discussion in a meeting of such body is in violation of the provisions of this chapter. If such an objection is made in nonpublic session, the same information regarding such an objection shall also be specifically recorded in the public minutes. The objection shall include the name of the person objecting to the discussion and a description of the specific violation. If such member's objections to the discussion in the meeting are overruled by the majority of those present, such member may continue to participate in such meeting, provided he or she has complied with the duties imposed upon him or her by this chapter, he or she shall not be subject to the penalties under RSA 91-A:8, IV for such action. Subject to the provisions of RSA 91-A:3, minutes shall be promptly recorded and open to public inspection not more than 5 business days after the meeting, except as provided in RSA 91-A:6, and shall be treated as permanent records of any public body, or any subordinate body thereof, without exception. Except in an emergency or when there is a meeting of a legislative committee, a notice of the time and place of each such meeting, including a nonpublic session, shall be posted in 2 appropriate places one of which may be the public body's Internet website, if such exists, or shall be printed in a newspaper of general circulation in the city or town at least 24 hours, excluding Sundays and legal holidays, prior to such meetings. An emergency shall mean a situation where immediate undelayed action is deemed to be imperative by the chairman or presiding officer of the public body, who shall post a notice of the time and place of such meeting as soon as practicable, and shall employ whatever further means are reasonably available to inform the public that a meeting is to be held. The minutes of the meeting shall clearly spell out the need for the emergency meeting. When a meeting of a legislative committee is held, publication made pursuant to the rules of the house of representatives or the senate, whichever rules are appropriate, shall be sufficient notice. If the charter of any city or town or guidelines or rules of order of any public body require a broader public access to official meetings and records than herein described, such charter provisions or guidelines or rules of order shall take precedence over the requirements of this chapter. For the purposes of this paragraph, a business day means the hours of 8 a.m. to 5 p.m. on Monday through Friday, excluding national and state holidays.
2 Effective Date. This act shall take effect January 1, 2018.