Bill Text - HB286 (2019)

Relative to free inspection of records under the right-to-know law.


Revision: Dec. 28, 2018, 10:03 a.m.

HB 286-LOCAL - AS INTRODUCED

 

 

2019 SESSION

19-0665

01/04

 

HOUSE BILL 286-LOCAL

 

AN ACT relative to free inspection of records under the right-to-know law.

 

SPONSORS: Rep. Sylvia, Belk. 6; Rep. McLean, Hills. 44; Rep. Spillane, Rock. 2; Rep. Wallace, Rock. 33

 

COMMITTEE: Judiciary

 

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ANALYSIS

 

This bill declares that no cost or fee shall be charged for the inspection or delivery of 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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

19-0665

01/04

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Nineteen

 

AN ACT relative to free inspection of 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; 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, at no cost or fee, 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.

2  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.  No cost or 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.

3  Effective Date.  This act shall take effect January 1, 2020.