Revision: March 17, 2022, 12:26 p.m.
Sen. Daniels, Dist 11
March 14, 2022
2022-1092s
07/04
Floor Amendment to SB 344
Amend the title of the bill by replacing it with the following:
AN ACT relative to the participation requirements of meetings open to the public under the right to know law.
Amend the bill by replacing all after the enacting clause with the following:
1 Access to Governmental Records and Meetings; Meetings Open to the Public; Physical Quorum Requirements Removed. Amend RSA 91-A:2, III to read as follows:
III. [A public body] Political subdivisions of the state may, but [is] are not required to, enact regulations by vote of the local or county legislative body to allow one or more members of [the] a public body to participate in a meeting by electronic or other means of communication for the benefit of the public and the governing body, subject to the provisions of this paragraph. Nothing in this paragraph shall apply to the general court.
(a) A member of the public body may participate in a meeting other than by attendance in person at the location of the meeting only when such attendance is not reasonably practical. Any reason that such attendance is not reasonably practical shall be stated in the minutes of the meeting.
[(b) Except in an emergency, a quorum of the public body shall be physically present at the location specified in the meeting notice as the location of the meeting. For purposes of this subparagraph, an "emergency" means that immediate action is imperative and the physical presence of a quorum is not reasonably practical within the period of time requiring action. The determination that an emergency exists shall be made by the chairman or presiding officer of the public body, and the facts upon which that determination is based shall be included in the minutes of the meeting.]
[(c)] (b) Each part of a meeting required to be open to the public shall be audible or otherwise discernable to the public at [the] a physical and electronic location specified in the meeting notice as the location of the meeting with at least 2 members present in person at the physical location. Each member participating electronically or otherwise must be able to simultaneously hear each other and speak to each other during the meeting, shall, in the case of video participation, have their video on and displaying the member's face, and shall be audible or otherwise discernable to the public in attendance at the meeting's location. Any member participating in such fashion shall identify the persons present in the location from which the member is participating. No meeting shall be conducted by electronic mail or any other form of communication that does not permit the public to hear, read, or otherwise discern meeting discussion contemporaneously at the meeting location specified in the meeting notice.
[(d)] (c) Any meeting held pursuant to the terms of this paragraph shall comply with all of the requirements of this chapter relating to public meetings, shall provide a mechanism for the public to alert the public body during the meeting if there are problems with access, electronically or otherwise, shall be adjourned if the public is unable to access the meeting, electronically or otherwise, and shall not circumvent the spirit and purpose of this chapter as expressed in RSA 91-A:1.
[(e)] (d) A member participating in a meeting by the means described in this paragraph is deemed to be present at the meeting for purposes of voting. All votes taken during such a meeting shall be by roll call vote.
2 Effective Date. This act shall take effect 60 days after its passage.
2022-1092s
AMENDED ANALYSIS
This bill removes the physical presence quorum requirement for meetings and establishes requirements for electronic participation in meetings of a public body under RSA 91-A.