Revision: Dec. 2, 2019, 2:15 p.m.
HB 1307-FN - AS INTRODUCED
2020 SESSION
20-2218
01/04
HOUSE BILL 1307-FN
AN ACT relative to the cost of production of records under the right-to-know law.
SPONSORS: Rep. J. Schmidt, Hills. 28
COMMITTEE: Judiciary
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ANALYSIS
This bill allows public bodies or agencies to charge personnel costs for retrieval of records for certain requesters.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
20-2218
01/04
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty
AN ACT relative to the cost of production of records under the right-to-know law.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Paragraph; Right-to-Know Law; Minutes and Records Available for Public Inspection. Amend RSA 91-A:4 by inserting after paragraph IV the following new paragraph:
IV-a. If the production of records for one requester in a calendar month exceeds 5 person-hours, the public agency shall require the requester to pay the personnel costs required during the month to complete the search and copying tasks. The personnel costs shall not exceed the actual salary and benefit costs for the personnel time required to perform the search and copying tasks. The requester shall pay the fee before the records are disclosed, and the public body may require payment in advance of the search.
2 Effective Date. This act shall take effect January 1, 2021.
20-2218
11/14/19
HB 1307-FN- FISCAL NOTE
AS INTRODUCED
AN ACT relative to the cost of production of records under the right-to-know law.
FISCAL IMPACT: [ X ] State [ X ] County [ X ] Local [ ] None
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STATE: | FY 2020 | FY 2021 | FY 2022 | FY 2023 |
Appropriation | $0 | $0 | $0 | $0 |
Revenue | $0 | Indeterminable Increase | Indeterminable Increase | Indeterminable Increase |
Expenditures | $0 | Indeterminable | Indeterminable | Indeterminable |
Funding Source: | [ X ] General [ X ] Education [ X ] Highway [ X ] Other | |||
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COUNTY: |
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Revenue | $0 | Indeterminable Increase | Indeterminable Increase | Indeterminable Increase |
Expenditures | $0 | Indeterminable | Indeterminable | Indeterminable |
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LOCAL: |
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Revenue | $0 | Indeterminable Increase | Indeterminable Increase | Indeterminable Increase |
Expenditures | $0 | Indeterminable | Indeterminable | Indeterminable |
METHODOLOGY:
This bill requires any public agency to charge a requester under the Right-to-Know Law (RSA 91-A) for personnel salary and benefit costs associated with a records request when the production of records for any one requester in a calendar month exceeds 5 person hours. Personnel cost shall not exceed the actual salary and benefit cost for the personnel time required to perform the search and copying tasks. The bill does not mention accounting for time spent reviewing such records apart from "search and copying tasks". There is no way to predict how often a requester may make requests that exceed the 5 hour limit within a calendar month. There is also no accounting for any administrative expense that may be incurred in the tracking and billing for such requests that exceed the 5 hour limit. The Department of Justice estimates it receives in excess of 100 Right-to-Know requests per calendar year and at least half of them could exceed the 5 hour baseline, but the hours spent on all such requests have not been tracked, and therefore the revenue that may be generated from future requests cannot be estimated from this data. Due to these variables, the fiscal impact is indeterminable.
AGENCIES CONTACTED:
Departments of Justice and Administrative Services, New Hampshire Association of Counties, New Hampshire Municipal Association, and Legislative Branch