Revision: Dec. 14, 2021, 4:30 p.m.
SB 342 - AS INTRODUCED
2022 SESSION
22-3098
07/10
SENATE BILL 342
AN ACT relative to the minutes of nonpublic sessions under the right to know law.
SPONSORS: Sen. Daniels, Dist 11; Rep. Kofalt, Hills. 4
COMMITTEE: Judiciary
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ANALYSIS
This bill modifies the list of nonpublic meeting types where minutes of which do not need to be made publicly available within 72 hours.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
22-3098
07/10
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Two
AN ACT relative to the minutes of nonpublic sessions under the right to know law.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Access to Public Records and Meetings; Nonpublic Sessions; Availability of Nonpublic Session Minutes Modified. 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, including hiring, firing, and other personnel discipline and investigations, or consideration of legal advice, 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.
2 Effective Date. This act shall take effect 60 days after its passage.