HB1579 (2018) Detail

Requiring records to be kept for certain exempt convenings under the right-to-know law.


HB 1579-FN - AS INTRODUCED

 

 

2018 SESSION

18-2309

01/04

 

HOUSE BILL 1579-FN

 

AN ACT requiring records to be kept for certain exempt convenings under the right-to-know law.

 

SPONSORS: Rep. Wuelper, Straf. 3; Rep. Seidel, Hills. 28; Rep. Verville, Rock. 2

 

COMMITTEE: Judiciary

 

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ANALYSIS

 

This bill requires records to be kept for certain exempt convenings under the right-to-know law.

 

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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

18-2309

01/04

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Eighteen

 

AN ACT requiring records to be kept for certain exempt convenings under the right-to-know law.

 

Be it Enacted by the Senate and House of Representatives in General Court convened:

 

1  New Paragraph; Right-to-Know; Meetings Open to the Public.  Amend RSA 91-A:2 by inserting after paragraph I the following new paragraph:

I-a.  Records of all convenings of a quorum or majority of the members of a public body for the purposes of RSA 91-A:2, I(a) or (b) shall be kept and publicly disclosed within 72 hours of the convenings, and shall be treated as permanent public records, without exception.  Such records shall include the specific exemption under RSA 91-A:2, I(a) or (b) which is relied upon as the foundation for the convenings, names of members, persons appearing before the public bodies, meeting places, and beginning and ending dates and times.  Such records shall not be required for convenings exempt under RSA 91-A:2, I(c) or (d).

2  Right-to-Know; Meetings Open to the Public.  Amend RSA 91-A:2, I(a) and I(b) to read as follows:

(a)  Strategy or negotiations with respect to collective bargaining; provided that records of all such convenings pursuant to paragraph I-a shall include the name of the collective bargaining units discussed;

(b)  Consultation with legal counsel provided; that records of all such convenings pursuant to paragraph I-a shall include the name of the legal counsel and the means by which the legal counsel participated in the convenings, whether in person, by telephone, or by other appropriate means;

3  Effective Date.  This act shall take effect January 1, 2019.

 

LBAO

18-2309

11/6/17

 

HB 1579-FN- FISCAL NOTE

AS INTRODUCED

 

AN ACT requiring records to be kept for certain exempt convenings under the right-to-know law.

 

FISCAL IMPACT:      [ X ] State              [    ] County               [    ] Local              [    ] None

 

 

 

Estimated Increase / (Decrease)

STATE:

FY 2019

FY 2020

FY 2021

FY 2022

   Appropriation

$0

$0

$0

$0

   Revenue

$0

$0

$0

$0

   Expenditures

Indeterminable Increase

Indeterminable Increase

Indeterminable Increase

Indeterminable Increase

Funding Source:

  [ X ] General            [    ] Education            [    ] Highway           [    ] Other

 

 

 

 

 

METHODOLOGY:

This legislation requires a public body to keep and disclose records of any convening of a majority of the public body for the purpose of strategy or negotiations with respect to collective bargaining or consultation with legal counsel.

 

The Office of Professional Licensure and Certification indicates this bill would increase staff time related to preparing public meeting minutes and making minutes available to the public within 72 hours, and possibly increase the number of board meetings and the associated board member per-diem payments.  The Office assumes most of the board rules would require modification to indicate when minutes are available to the public which would require additional time from the attorney assigned to rules.

 

The Department of Administrative Services assumes the bill would require certain record keeping for two types of gatherings which are presently excluded from the definition of a “meeting” in RSA 91-A.  Since the Department is managed by a single commissioner, and not by a public body, the Department does not expect this bill would have a significant impact on its operations.  However the Department assumes, for example, if the Department’s Manager of Employee Relations met with and internal advisory committee regarding collective bargaining, it would be necessary to publicly identify which of the various unions was discussed and for how long.  Similarly, if a State bargaining team met with counsel at the Department of Justice to discuss bargaining issues, it would be necessary to identify the names of the attorneys, how they participated in the meeting and for how long.  The Department assumes creation and retention of additional records for sessions that are not currently considered “meetings” would increase staff time and expenditures for public entities.  The potential increase in expenditures cannot be estimated since the number of future sessions which may be subject to the proposed law are cannot be determined.

 

The New Hampshire Municipal Association indicates this bill is unlikely to have any effect on municipal expenditures or revenues.

 

The New Hampshire Association of Counties determined this bill would have no fiscal impact on county revenue or expenditures.

 

AGENCIES CONTACTED:

Department of Administrative Services, Office of Professional Licensure and Certification, New Hampshire Association of Counties and New Hampshire Municipal Association

 

Links

HB1579 at GenCourtMobile

Action Dates

Date Body Type
Jan. 23, 2018 House Hearing
Feb. 21, 2018 House Exec Session
House Floor Vote
March 6, 2018 House Floor Vote
March 15, 2018 House Floor Vote
April 11, 2018 Senate Hearing
April 19, 2018 Senate Floor Vote

Bill Text Revisions

HB1579 Revision: 2229 Date: Nov. 13, 2017, 9:12 a.m.

Docket

Date Status
Jan. 3, 2018 Introduced 01/03/2018 and referred to Judiciary HJ 1 P. 16
Jan. 23, 2018 Public Hearing: 01/23/2018 10:30 AM LOB 208
Feb. 21, 2018 Executive Session: 02/21/2018 LOB 208
March 6, 2018 Committee Report: Without Recommendation for 03/06/2018 (Vote 8-8; RC) HC 9 P. 58
Committee Report: Without Recommendation (Vote 8-8; RC)
March 6, 2018 Suspend House Rule 65 (Reps. Hinch, Shurtleff): MA VV by necessary two-thirds vote 03/06/2018 HJ 6 P. 125
Special Order to 3/15/2018 Without Objection HJ 7 P. 49
March 15, 2018 Lay HB 1579 on Table (Rep. White): MF RC 162-166 03/15/2018 HJ 8 P. 7
March 15, 2018 Ought to Pass: MA RC 168-161 03/15/2018 HJ 8 P. 9
March 15, 2018 Reconsider HB 1579 (Rep. Hinch): MF VV 03/15/2018 HJ 8 P. 11
March 21, 2018 Introduced 03/21/2018 and Referred to Public and Municipal Affairs; SJ 10
April 11, 2018 Hearing: 04/11/2018, Room 102, LOB, 10:15 pm; SC 16
April 19, 2018 Committee Report: Inexpedient to Legislate, 04/19/2018; SC 17
April 19, 2018 Inexpedient to Legislate, MA, VV === BILL KILLED ===; 04/19/2018; SJ 13