HB108 (2021) Detail

(New Title) relative to minutes and decisions in nonpublic sessions; an exemption for items falling within the attorney-client privilege or the attorney work product doctrine under the right-to-know law; and remote access to public meetings under the right-to-know law.


CHAPTER 163

HB 108-FN-LOCAL - FINAL VERSION

 

05/27/2021   1711s

24Jun2021... 1973CofC

2021 SESSION

21-0315

08/06

 

HOUSE BILL 108-FN-LOCAL

 

AN ACT relative to minutes and decisions in nonpublic sessions; an exemption for items falling within the attorney-client privilege or the attorney work product doctrine under the right-to-know law; and remote access to public meetings under the right-to-know law.

 

SPONSORS: Rep. Ulery, Hills. 37; Rep. Spillane, Rock. 2; Rep. McGuire, Merr. 29; Rep. T. Lekas, Hills. 37

 

COMMITTEE: Judiciary

 

─────────────────────────────────────────────────────────────────

 

AMENDED ANALYSIS

 

This bill:

 

I.  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.

 

II.  Exempts materials falling within the attorney-client privilege or attorney work product doctrine from the provisions of RSA 91-A.

 

III.  Establishes a committee to review authorizing governing bodies of municipalities to hold virtual meetings and to study remote access to meetings under RSA 91-A.

 

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

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

05/27/2021   1711s

24Jun2021... 1973CofC 21-0315

08/06

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Twenty One

 

AN ACT relative to minutes and decisions in nonpublic sessions; an exemption for items falling within the attorney-client privilege or the attorney work product doctrine under the right-to-know law; and remote access to public meetings under the right-to-know law.

 

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

 

163:1  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 made available as soon as practicable 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.  Minutes related to a discussion held in nonpublic session under subparagraph II(d) shall be made available to the public as soon as practicable after the transaction has closed or the public body has decided not to proceed with the transaction.

163:2  New Paragraph; Right To Know; Exemptions.  Amend RSA 91-A:5 by inserting after paragraph XI the following new paragraph:

XII.  Records protected under the attorney-client privilege or the attorney work product doctrine.

163:3  Committee Established.  There is established a committee to review authorizing governing bodies of municipalities to hold virtual meetings and to study remote access to meetings under RSA 91-A.

163:4  Membership and Compensation.

I.  The members of the committee shall be as follows:

(a)  Two members of the senate, appointed by the president of the senate.

(b)  Three members of the house of representatives, appointed by the speaker of the house of representatives.

II.  Members of the committee shall receive mileage at the legislative rate when attending to the duties of the committee.

163:5  Duties.  The committee shall review authorizing governing bodies of municipalities to hold virtual meetings and to study remote access to meetings under RSA 91-A.

163:6  Chairperson; Quorum.  The members of the study committee shall elect a chairperson from among the members.  The first meeting of the committee shall be called by the first-named senate member.  The first meeting of the committee shall be held within 45 days of the effective date of this section.  Three members of the committee shall constitute a quorum.

163:7  Report.  The committee shall report its findings and any recommendations for proposed legislation to the president of the senate, the speaker of the house of representatives, the senate clerk, the house clerk, the governor, and the state library on or before November 1, 2021.

163:8  Effective Date.  

I.  Section 1 of this act shall take effect January 1, 2022.

II.  Sections 3-7 of this act shall take effect 60 days after its passage.

III.  The remainder of this act shall take effect upon its passage.

 

Approved: July 30, 2021

Effective Date:

I. Section 1 shall take effect January 1, 2022.

II. Sections 3-7 shall take effect September 28, 2021.

III. Remainder shall take effect July 30, 2021.

 

 

Links

HB108 at GenCourtMobile
HB108 Discussion

Action Dates

Date Body Type
Feb. 19, 2021 House Hearing
March 2, 2021 House Exec Session
March 2, 2021 House Exec Session
House Floor Vote
April 13, 2021 Senate Hearing
May 10, 2021 Senate Hearing
May 10, 2021 Senate Hearing
May 27, 2021 Senate Floor Vote
June 24, 2021 Senate Floor Vote
June 24, 2021 Senate Floor Vote
June 24, 2021 House Floor Vote

Bill Text Revisions

HB108 Revision: 32864 Date: Aug. 2, 2021, 12:59 p.m.
HB108 Revision: 32758 Date: June 24, 2021, 2:33 p.m.
HB108 Revision: 32544 Date: May 27, 2021, 1:06 p.m.
HB108 Revision: 31387 Date: Jan. 4, 2021, 12:53 p.m.

Docket


July 30, 2021: Signed by Governor Sununu 07/30/2021; Chapter 163; I. Sec. 1 Eff: 01/01/2022 II. Sec. 3 to 7 Eff: 09/28/2021 III. Rem. Eff: 07/30/2021


: Enrolled (in recess of) 06/24/2021


June 24, 2021: Enrolled Adopted, VV, (In recess 06/24/2021); SJ 20


June 24, 2021: Conference Committee Report 2021-1973c: Adopted, VV 06/24/2021


June 24, 2021: Conference Committee Report # 2021-1973c, Adopted, VV; 06/24/2021; SJ 20


June 24, 2021: Conference Committee Report Filed, # 2021-1973c; 06/24/2021


June 14, 2021: Conference Committee Meeting: 06/14/2021 03:30 pm LOB 206-208


June 10, 2021: President Appoints: Senators Carson, Daniels, Perkins Kwoka; 06/10/2021; SJ 19


June 10, 2021: Sen. Carson Accedes to House Request for Committee of Conference, MA, VV; 06/10/2021; SJ 19


June 4, 2021: House Non-Concurs with Senate Amendment 2021-1711s and Requests CofC (Reps. Gordon, McLean, Wuelper, M. Smith): MA VV 06/04/2021 HJ 9 P. 51


May 27, 2021: Ought to Pass with Amendment 2021-1711s, MA, VV; OT3rdg; 05/27/2021; SJ 17


May 27, 2021: Committee Amendment # 2021-1711s, AA, VV; 05/27/2021; SJ 17


May 27, 2021: Committee Report: Ought to Pass with Amendment # 2021-1711s, 05/27/2021; Vote 5-0; CC; SC 25A


May 10, 2021: Remote Hearing: 05/10/2021, 02:15 pm, on proposed amendment # 2021-1251s; Links to join the hearing can be found in the Senate Calendar; SC 23


May 10, 2021: Remote Hearing: 05/10/2021, 02:00 pm, on proposed amendment # 2021-1144s; Links to join the hearing can be found in the Senate Calendar; SC 23


April 13, 2021: Remote Hearing: 04/13/2021, 01:00 pm; Links to join the hearing can be found in the Senate Calendar; SC 19


April 1, 2021: Introduced 04/01/2021 and Referred to Judiciary; SJ 11


April 7, 2021: Reconsider (Rep. Osborne): MF VV 04/07/2021 HJ 5 P. 50


April 7, 2021: Ought to Pass: MA VV 04/07/2021 HJ 5 P. 37


: Committee Report: Ought to Pass (Vote 21-0; CC) HC 18 P. 17


March 2, 2021: Executive Session: 03/02/2021 9:00 a.m. Members of the public may attend using the following links: 1. To join the webinar: https://www.zoom.us/j/95501229688 2. Or Telephone: Dial (for higher quality, dial a number based on your current location): 1-929-205-6099 3. Webinar ID: 955 0122 9688 The following email will be monitored throughout the meeting by someone who can assist with and alert the committee to any technical issues: hcs@leg.state.nh.us or call (603-271-3600).


March 2, 2021: Executive Session: 03/02/2021 09:00 am Members of the public may attend using the following link: To join the webinar: https://www.zoom.us/j/95501229688


Feb. 19, 2021: Public Hearing: 02/19/2021 09:00 am Members of the public may attend using the following link: To join the webinar: https://www.zoom.us/j/92168223794 / Executive session on pending legislation may be held throughout the day (time permitting) from the time the committee is initially convened.


Jan. 6, 2020: To Be Introduced 01/06/2020 and referred to Judiciary


Jan. 6, 2021: Introduced (in recess of) 01/06/2021 and referred to Judiciary HJ 2 P. 35