Revision: Dec. 5, 2017, 4:22 p.m.
HB 1788-FN-LOCAL - AS INTRODUCED
2018 SESSION
18-2339
01/08
HOUSE BILL 1788-FN-LOCAL
AN ACT relative to costs charged under the right-to-know law.
SPONSORS: Rep. Sylvia, Belk. 6
COMMITTEE: Judiciary
-----------------------------------------------------------------
ANALYSIS
This bill declares that the cost charged for copies of governmental records under the right-to-know law shall not exceed the prevailing commercial rate for the producing of copies.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
18-2339
01/08
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Eighteen
AN ACT relative to costs charged under the right-to-know law.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Right-to-Know; Minutes and Records Available for Public Inspection. Amend RSA 91-A:4, IV to read as follows:
IV. 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 cost may be collected by the public body or agency. Such cost shall not exceed the prevailing commercial rate for the producing of copies. No fee shall be charged for the inspection or delivery, without copying, of governmental records, whether in paper, electronic, or other form. 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.
2 Effective Date. This act shall take effect January 1, 2019.
18-2339
12/5/17
HB 1788-FN-LOCAL- FISCAL NOTE
AS INTRODUCED
AN ACT relative to costs charged under the right-to-know law.
FISCAL IMPACT: [ X ] State [ ] County [ X ] Local [ ] None
|
| |||
| Estimated Increase / (Decrease) | |||
STATE: | FY 2019 | FY 2020 | FY 2021 | FY 2022 |
Appropriation | $0 | $0 | $0 | $0 |
Revenue | Indeterminable | Indeterminable | Indeterminable | Indeterminable |
Expenditures | $0 | $0 | $0 | $0 |
Funding Source: | [ X ] General [ ] Education [ ] Highway [ X ] Other - Various Government Funds | |||
|
|
|
|
|
LOCAL: |
|
|
|
|
Revenue | Indeterminable | Indeterminable | Indeterminable | Indeterminable |
Expenditures | $0 | $0 | $0 | $0 |
METHODOLOGY:
This bill provides that the cost charged for copies of governmental records under the right-to know law (RSA 91-A) shall not exceed the prevailing commercial rate for the production of copies.
The Judicial Branch provides information to the public pursuant to its obligation under Part I, Article 8 of the New Hampshire Constitution that: "the public's right of access to governmental proceedings and records shall not be unreasonably restricted". The Branch indicates it looks to RSA 91-Afor guidance in fulfilling this obligation. The Branch assumes this bill refers to the cost of providing photocopies and not the cost of providing certified copies of documents. Based on that assumption, it is not anticipated the proposed bill would have a fiscal impact on the Judicial Branch in excess of $10,000.
The Department of Justice states it currently charges $0.25 per page for copies. The Department does not have information on the prevailing commercial rate for copies because the majority of its responses to right-to-know requests are provided electronically. The Department anticipates the fiscal impact of this bill would be minimal and less than $10,000 annually.
The Department of Administrative Services states RSA 91-A applies to all public records at all levels of government. Because the current practices of these entities is not known and the prevailing commercial rates may vary, the Department is unable to assess the fiscal impact of this bill. The Department indicates current statute allows an entity to charge the actual cost of copying. The Department does not have information on how an entity’s actual cost might compare to the prevailing rate.
The New Hampshire Municipal Association indicates this bill may impact municipal revenues, but since the legislation does not define the prevailing commercial rate, it is not possible determine what the effect on revenues may be. The Association states there should be no impact on municipal expenditures.
The New Hampshire Association of Counties determined this bill would not impact county expenditures or revenues.
The Office of Professional Licensure and Certification states this bill would have no fiscal impact on its operations. The Office assumes it is currently not charging more than the prevailing commercial rate for copies.
AGENCIES CONTACTED:
Judicial Branch, Departments of Administrative Services and Justice, Office of Professional Licensure and Certification, New Hampshire Municipal Association and New Hampshire Association of Counties