Revision: March 15, 2018, 1:15 p.m.
SB 395 - AS AMENDED BY THE SENATE
03/15/2018 1010s
2018 SESSION
18-2769
01/04
SENATE BILL 395
AN ACT relative to access to records under the right-to-know law.
SPONSORS: Sen. Giuda, Dist 2; Sen. Avard, Dist 12; Sen. Carson, Dist 14; Sen. Daniels, Dist 11; Sen. French, Dist 7; Sen. Fuller Clark, Dist 21; Sen. Gannon, Dist 23; Sen. Innis, Dist 24; Sen. Reagan, Dist 17; Sen. Ward, Dist 8; Sen. Watters, Dist 4; Rep. Ulery, Hills. 37; Rep. DiLorenzo, Rock. 17; Rep. Brown, Graf. 16; Rep. Hopper, Hills. 2
COMMITTEE: Public and Municipal Affairs
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ANALYSIS
This bill clarifies access to electronic governmental records 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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
03/15/2018 1010s 18-2769
01/04
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Eighteen
AN ACT relative to access to records 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; Minutes and Records Available for Public Inspection. Amend RSA 91-A:4, I to read as follows:
I. Every citizen during the regular or business hours of all public bodies or agencies, and on the regular business premises of such public bodies or agencies, has the right to inspect all governmental records in the possession, custody, or control of such public bodies or agencies, including minutes of meetings of the public bodies, and to copy and make memoranda or abstracts of the records or minutes so inspected, except as otherwise prohibited by statute or RSA 91-A:5. In this section, "to copy" means the reproduction of original records by whatever method, including but not limited to photography, photostatic copy, printing, or electronic or tape recording. If a citizen requesting access to governmental records is not able to appear during the regular business hours of a public body or agency of the political subdivision, the person may request an accommodation from the public body or agency. The public body or agency shall make a reasonable effort to accommodate the request. A reasonable effort to accommodate the request shall be at no additional cost to the public body or agency and may include making the records available for inspection at an alternative time and place. A public body or agency may, in consultation with the director of the division of archives and records management, develop guidelines for posting and providing records in portable document format/archival (PDF/A) or other approved format. The guidelines shall identify any costs which shall be paid by the requester such as printing the record or converting the format of the records. A public body or agency shall not be required to post or provide records electronically unless it is feasible to do so with reasonable effort.
2 Effective Date. This act shall take effect 60 days after its passage.