Bill Text - HB286 (2019)

Revision: June 4, 2019, 8:37 a.m.

HB 286-LOCAL - VERSION ADOPTED BY BOTH BODIES

 

05/02/2019   1626s

23May2019... 2116-EBA

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

05/02/2019   1626s

23May2019... 2116-EBA 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, 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.

2  Right-to-Know; Minutes and Records Available for Public Inspection.  Amend RSA 91-A:4, IV(d) to read as follows:

(d)  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  Contingency; Conflict with HB 396.  If HB 396 of the 2019 regular legislative session becomes law, section 2 of this act shall take effect at 12:01 a.m. on January 1, 2020, and section 1 shall not take effect.  If HB 396 of the 2019 regular legislative session does not become law, then section 1 of this act shall take effect on January 1, 2020 and section 2 of this act shall not take effect.  

4  Effective Date.  

I.  Sections 1 and 2 of this act shall take effect as provided in section 3 of this act.

II.  The remainder of this act shall take effect January 1, 2020.