HB1325 (2020) Detail

Relative to minutes and decisions in nonpublic sessions under the right-to-know law.


HB 1325-FN-LOCAL - AS INTRODUCED

 

 

2020 SESSION

20-2323

01/04

 

HOUSE BILL 1325-FN-LOCAL

 

AN ACT relative to minutes and decisions in nonpublic sessions under the right-to-know law.

 

SPONSORS: Rep. DiLorenzo, Rock. 17; Rep. Ulery, Hills. 37; Rep. Chase, Straf. 18; Rep. Langley, Hills. 8; Sen. Carson, Dist 14

 

COMMITTEE: Judiciary

 

-----------------------------------------------------------------

 

ANALYSIS

 

This bill requires that for meetings in nonpublic session where the minutes or decisions were determined to not be subject to public disclosure, a list shall be kept which shall include certain information.  The list shall be made available for public disclosure.

 

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

20-2323

01/04

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Twenty

 

AN ACT relative to minutes and decisions in nonpublic sessions 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; Nonpublic Sessions.  Amend RSA 91-A:3, III to read as follows:

III.  Minutes of meetings in nonpublic session shall be kept and the record of all actions shall be promptly made available for public inspection, except as provided in this section.  Minutes of such sessions shall record all actions in such a manner that the vote of each member is ascertained and recorded.  Minutes and decisions reached in nonpublic session shall be publicly disclosed within 72 hours of the meeting, unless, by recorded vote of 2/3 of the members present taken in public session, it is determined that divulgence of the information likely would affect adversely the reputation of any person other than a member of the public body itself, or render the proposed action ineffective, or pertain to terrorism, more specifically, to matters relating to the preparation for and the carrying out of all emergency functions, developed by local or state safety officials that are directly intended to thwart a deliberate act that is intended to result in widespread or severe damage to property or widespread injury or loss of life.  This shall include training to carry out such functions.  In the event of such circumstances, information may be withheld until, in the opinion of a majority of members, the aforesaid circumstances no longer apply.  For all meetings held in nonpublic session, where the minutes or decisions were determined to not be subject to full public disclosure, a list of such minutes or decisions shall be kept and this list shall be promptly made available for public disclosure.  This list shall identify the public body and include the date and time of the meeting in nonpublic session, the specific exemption under paragraph II on its face which is relied upon as foundation for the nonpublic session, the date of the decision to withhold the minutes or decisions from public disclosure, and the date of any subsequent decision, if any, to make the minutes or decisions available for public disclosure.  

2  Effective Date.  This act shall take effect January 1, 2021.

 

LBAO

20-2323

11/13/19

 

HB 1325-FN-LOCAL- FISCAL NOTE

AS INTRODUCED

 

AN ACT relative to minutes and decisions in nonpublic sessions under the right-to-know law.

 

FISCAL IMPACT:      [    ] State              [ X ] County               [ X ] Local              [    ] None

 

 

COUNTY:

 

 

 

 

   Revenue

$0

$0

$0

$0

   Expenditures

$0

Indeterminable Increase

Indeterminable Increase

Indeterminable Increase

 

 

 

 

 

LOCAL:

 

 

 

 

   Revenue

$0

$0

$0

$0

   Expenditures

$0

Indeterminable Increase

Indeterminable Increase

Indeterminable Increase

 

METHODOLOGY:

This bill requires that for meetings in nonpublic session where the minutes or decisions were determined to not be subject to public disclosure, a list shall be kept which shall include certain information.  The list shall be made available for public disclosure.

 

The Department of Justice indicates this bill would likely result in additional requests for legal advice and training to be provided by existing Department attorneys.  The purpose of such training would be to make state boards and agencies aware of the new requirements and how to comply with them.  The Department states the training would be handled by the Civil Bureau and could be done within the current budget.

 

The New Hampshire Municipal Association states compiling and maintaining the list of information concerning nonpublic sessions will require additional staff time for municipalities.  This may result in additional expenditures, but would depend on the specific circumstances of each municipality.  The potential increase in expenditures cannot be determined.  There will be no effect on municipal revenues.  

 

The New Hampshire Association of Counties states the fiscal impact of this bill is indeterminable as it has no information on which to estimate the fiscal impact.  

AGENCIES CONTACTED:

Department of Justice, New Hampshire Municipal Association and New Hampshire Association of Counties

 

Links

HB1325 at GenCourtMobile
HB1325 Discussion

Action Dates

Date Body Type
Jan. 21, 2020 House Hearing
March 3, 2020 House Exec Session
House Floor Vote
March 11, 2020 House Floor Vote

Bill Text Revisions

HB1325 Revision: 6953 Date: Dec. 2, 2019, 2:33 p.m.

Docket

Date Status
Jan. 8, 2020 Introduced 01/08/2020 and referred to Judiciary HJ 1 P. 18
Jan. 21, 2020 Public Hearing: 01/21/2020 01:00 pm LOB 208
March 3, 2020 Executive Session: 03/03/2020 01:00 pm LOB 208
March 11, 2020 Committee Report: Ought to Pass for 03/11/2020 (Vote 17-2; CC) HC 10 P. 22
Committee Report: Ought to Pass (Vote 17-2; CC)
March 11, 2020 Ought to Pass: MA VV 03/11/2020 HJ 7 P. 40
June 16, 2020 Introduced 06/16/2020, and Laid on Table, MA, VV; 06/16/2020; SJ 8
June 16, 2020 No Pending Motion; 06/16/2020 SJ 8