HB 1069 - AS AMENDED BY THE SENATE
15Feb2024... 0406h
05/23/2024 1966s
2024 SESSION
24-2322
05/08
HOUSE BILL 1069
AN ACT relative to material subject to disclosure under the right-to-know law.
SPONSORS: Rep. Edwards, Rock. 31; Rep. Ammon, Hills. 42
COMMITTEE: Judiciary
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AMENDED ANALYSIS
This bill:
I. Clarifies a public body or agency's ability to accept record requests by electronic means and to provide such records electronically.
II. Replaces the word "citizen" with "person" throughout the chapter.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
15Feb2024... 0406h
05/23/2024 1966s 24-2322
05/08
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Four
AN ACT relative to material subject to disclosure under the right-to-know law.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Definition of Governmental Proceedings. Amend RSA 91-A:1-a, II to read as follows:
II. "Governmental proceedings" means the transaction of any functions affecting any [or all citizens of the state] person by a public body.
2 Minutes and Records Available for Public Inspection; Electronic Record Requests. Amend RSA 91-A:4, I to read as follows:
I. [Every citizen] Any person during the regular or business hours of all public bodies or agencies, and on the regular business premises of such public bodies or agencies, has the right to inspect all governmental records in the possession, custody, or control of such public bodies or agencies, including minutes of meetings of the public bodies, and to copy and make memoranda or abstracts of the records or minutes so inspected, except as otherwise prohibited by statute or RSA 91-A:5. In this section, "to copy" means the reproduction of original records by whatever method, including, but not limited to photography, photostatic copy, printing, or electronic or tape recording.
3 Access to Governmental Records and Meetings; Records Available for Public Inspection; Preliminary Drafts. Amend RSA 91-A:4, II to read as follows:
II. After the completion of a meeting of a public body, [every citizen] any person, during the regular or business hours of such public body, and on the regular business premises of such public body, has the right to inspect all notes, materials, tapes, or other sources used for compiling the minutes of such meetings, and to make memoranda or abstracts or to copy such notes, materials, tapes, or sources inspected, except as otherwise prohibited by statute or RSA 91-A:5.
4 New Paragraph; Access to Governmental Records and Meetings; Minutes and Records Available for Public Inspection. Amend RSA 91-A:4 by inserting after paragraph V the following new paragraph:
V-a.(a) Any person may request governmental records electronically or by mail without physically appearing at the regular business premises of public bodies or agencies to request governmental records.
(b) At the election of the person requesting the records, the public body or agency shall provide such records electronically or by mail without requiring the person's physical appearance at its business premises to receive delivery of the records. If the person requests that the records be provided by mail, the public body or agency may charge the person the cost of postage. No charge shall be made for records delivered electronically.
(c) The public body or agency shall not be required to provide records electronically in a format other than the format under which the public body or agency regularly maintains such records, unless the application, program, or format in which the records are stored or accessed is capable of producing the records into a standard or common file format, in which case the public body or agency shall provide the records in the standard or common file format requested.
(d) The public body or agency shall not be required to provide records electronically if it lacks the technological capability to do so, if doing so would be unduly burdensome, or if doing so would compromise the security of its record-keeping system.
5 Appeals and Enforcement; Filing Fee or Surcharge. Amend RSA 91-A:7-c, I to read as follows:
I. Any party may appeal the ombudsman's final ruling to the superior court by filing a notice of appeal in superior court no more than 30 calendar days after the ombudsman's ruling is issued. The ombudsman's ruling shall be attached to the document initiating the appeal, admitted as a full exhibit by the superior court, considered by the judge during deliberations, and specifically addressed in the court's written order. [Citizen-initiated] Appeals shall have no filing fee or surcharge. The public body or public agency shall pay the sheriff's service costs if the public body or public agency, or its attorney, declines to accept service. Nothing in this section shall prevent a superior court from staying an ombudsman's decision pending appeal to the superior court.
6 Effective Date. This act shall take effect 60 days after its passage.
| Date | Amendment |
|---|---|
| Feb. 5, 2024 | 2024-0406h |
| May 15, 2024 | 2024-1966s |
| May 23, 2024 | 2024-2021s |
| Date | Body | Type |
|---|---|---|
| Jan. 17, 2024 | House | Hearing |
| Jan. 22, 2024 | House | Exec Session |
| Feb. 6, 2024 | House | Exec Session |
| Feb. 1, 2024 | House | Exec Session |
| Feb. 1, 2024 | House | Floor Vote |
| April 9, 2024 | Senate | Hearing |
| May 23, 2024 | Senate | Floor Vote |
| May 22, 2024 | Senate | Floor Vote |
| May 22, 2024 | Senate | Floor Vote |
| May 23, 2024 | Senate | Floor Vote |
| Senate | Floor Vote | |
| House | Floor Vote |
June 7, 2024: Conference Committee Report: Not Filed HJ 15
June 6, 2024: Conference Committee Report; Not Signed Off; SJ 17
May 31, 2024: Conferee Change: Rep. Turer Replaces Rep. Kuttab 05/31/2024 HJ 15
June 3, 2024: Conference Committee Meeting: 06/03/2024 01:30 pm LOB 206-208
May 30, 2024: President Appoints: Senators Carson, Bradley, Chandley; 05/30/2024; SJ 16
May 30, 2024: Sen. Carson Accedes to House Request for Committee of Conference, MA, VV; 05/30/2024; SJ 16
May 29, 2024: House Non-Concurs with Senate Amendment 2024-1966s and Requests CofC (Reps. Lynn, Wallace, M. Smith, Kuttab): MA VV 05/28/2024 HJ 14
May 23, 2024: Ought to Pass with Amendment 2024-1966s, MA, VV; OT3rdg; 05/23/2024; SJ 15
May 23, 2024: Sen. Avard, Innis Withdraws roll call; 05/23/2024; SJ 15
May 23, 2024: Committee Amendment # 2024-1966s, AA, VV; 05/23/2024; SJ 15
May 23, 2024: Special Order to the first bill after break, Without Objection, MA; 05/23/2024; SJ 15
May 22, 2024: Special Order to 05/23/2024, Without Objection, MA; 05/22/2024 SJ 14
May 22, 2024: Special Order to the end of the calendar on 05/22/2024, Without Objection, MA; 05/22/2024; SJ 14
May 22, 2024: Sen. Carson Moved to Remove HB 1069 from the Consent Calendar; 05/22/2024; SJ 14
May 15, 2024: Committee Report: Ought to Pass with Amendment # 2024-1966s, 05/22/2024; Vote 5-0; CC; SC 20
April 3, 2024: Hearing: 04/09/2024, Room 100, SH, 02:00 pm; SC 14
Feb. 26, 2024: Introduced 02/21/2024 and Referred to Judiciary; SJ 6
Feb. 15, 2024: Ought to Pass with Amendment 2024-0406h: MA VV 02/15/2024 HJ 5 P. 12
Feb. 15, 2024: Amendment # 2024-0406h (NT): AA VV 02/15/2024 HJ 5 P. 12
Feb. 6, 2024: Committee Report: Ought to Pass with Amendment # 2024-0406h (NT) 02/01/2024 (Vote 19-0; CC) HC 6 P. 7
Feb. 2, 2024: Executive Session: 02/01/2024 03:45 pm LOB 206-208
Feb. 2, 2024: Executive Session: 02/06/2024 10:00 am LOB 209
Jan. 17, 2024: Executive Session: 01/22/2024 09:00 am LOB 206-208
Jan. 5, 2024: Public Hearing: 01/17/2024 09:45 am LOB 206-208
Nov. 27, 2023: Introduced 01/03/2024 and referred to Judiciary