Revision: Dec. 3, 2019, 10:04 a.m.
CHAPTER 107
HB 396-FN-LOCAL - FINAL VERSION
04/25/2019 1507s
2019 SESSION
19-0403
01/06
HOUSE BILL 396-FN-LOCAL
AN ACT relative to delay or denial of records under the right-to-know law.
SPONSORS: Rep. DiLorenzo, Rock. 17; Rep. Cushing, Rock. 21; Rep. Horrigan, Straf. 6; Rep. Ulery, Hills. 37; Rep. Wuelper, Straf. 3; Rep. Janvrin, Rock. 37; Rep. Morrison, Rock. 9; Sen. Giuda, Dist 2; Sen. Carson, Dist 14
COMMITTEE: Judiciary
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ANALYSIS
This bill requires a public body or agency to provide written reasons for delay or denial of 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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
04/25/2019 1507s 19-0403
01/06
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Nineteen
AN ACT relative to delay or denial of records under the right-to-know law.
Be it Enacted by the Senate and House of Representatives in General Court convened:
107:1 Right-to-Know; Minutes and Records Available for Public Inspection. RSA 91-A:4, IV is repealed and reenacted to read as follows:
IV.(a) 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.
(b) If a public body or agency is unable to make a governmental record available for immediate inspection and copying the public body or agency shall, within 5 business days of a request:
(1) Make such record available;
(2) Deny the request; or
(3) Provide a written statement of the time reasonably necessary to determine whether the request shall be granted or denied and the reason for the delay.
(c) A public body or agency denying, in whole or part, inspection or copying of any record shall provide a written statement of the specific exemption authorizing the withholding of the record and a brief explanation of how the exemption applies to the record withheld.
(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 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.
107:2 Effective Date. This act shall take effect January 1, 2020.
Approved: June 21, 2019
Effective Date: January 01, 2020