HB1559 (2020) Detail

Relative to sealing records in nonpublic session under the right-to-know law.


HB 1559 - AS AMENDED BY THE HOUSE

 

12Mar2020... 0580h

2020 SESSION

20-2014

01/04

 

HOUSE BILL 1559

 

AN ACT relative to sealing records in nonpublic session under the right-to-know law.

 

SPONSORS: Rep. Yokela, Rock. 33; Rep. Yakubovich, Merr. 24; Rep. Wuelper, Straf. 3

 

COMMITTEE: Judiciary

 

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AMENDED ANALYSIS

 

This bill declares that sealed minutes in nonpublic sessions under the right-to-know law may be unsealed if in the opinion of a majority of members voting in nonpublic session determine that circumstances have changed.  The minutes sealed pursuant to RSA 91-A:3, II(d) would become public after one year.

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

12Mar2020... 0580h 20-2014

01/04

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Twenty

 

AN ACT relative to sealing records in nonpublic session under the right-to-know law.

 

Be it Enacted by the Senate and House of Representatives in General Court convened:

 

1  New Subparagraph; Right-to-Know-Law; Nonpublic Sessions.  Amend RSA 91-A:3, II by inserting after subparagraph (l) the following new subparagraph:

(m)  Consideration of whether to unseal minutes after one year due to a change in circumstances under paragraph III.

2  Right-to-Know Law; Nonpublic Minutes.  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 voting in nonpublic session, the aforesaid circumstances no longer apply.  An exception shall apply to those minutes generated from subparagraph II(d), which may be unsealed at any time but which will automatically be unsealed after one year unless a majority of the members vote that the minutes should remain sealed.

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

Links

HB1559 at GenCourtMobile
HB1559 Discussion

Action Dates

Date Body Type
Jan. 21, 2020 House Hearing
Feb. 18, 2020 House Exec Session
House Floor Vote
March 11, 2020 House Floor Vote

Bill Text Revisions

HB1559 Revision: 8419 Date: March 30, 2020, 9:50 a.m.
HB1559 Revision: 7197 Date: Dec. 3, 2019, 11:33 a.m.

Docket

Date Status
Jan. 8, 2020 Introduced 01/08/2020 and referred to Judiciary HJ 1 P. 26
Jan. 21, 2020 Public Hearing: 01/21/2020 01:30 pm LOB 208
Feb. 18, 2020 Executive Session: 02/18/2020 01:00 pm LOB 208
Committee Report: Ought to Pass with Amendment # 2020-0580h (Vote 10-9; RC)
March 11, 2020 Committee Report: Ought to Pass with Amendment # 2020-0580h for 03/11/2020 (Vote 10-9; RC) HC 10 P. 63
March 12, 2020 Amendment # 2020-0580h: AA VV 03/12/2020
March 12, 2020 Ought to Pass with Amendment 2020-0580h: MA VV 03/12/2020
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