Revision: May 23, 2024, 3:49 p.m.
Sen. Carson, Dist 14
May 16, 2024
2024-2021s
05/08
Floor Amendment to HB 1069
Amend the bill by replacing all after the enacting clause with the following:
1 Minutes and Records Available for Public Inspection. 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.
2 Minutes and Records Available for Public Inspection. 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, preliminary drafts circulated to a quorum or a majority of the public body, 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.
3 Minutes and Records Available for Public Inspection; Electronic Record Requests. Amend RSA 91-A:4, V to read as follows:
V. In the same manner as set forth in RSA 91-A:4, IV, any public body or agency which maintains governmental records [in electronic format] may, in lieu of providing original records, [copy governmental records requested to electronic media using standard or common file formats] provide a copy of requested governmental records to any person appearing on the regular business premises of the public body or agency during the regular or business hours of the public body or agency or to any person with a New Hampshire mailing address, or to media requestors as defined in paragraph IX, in a manner that does not reveal information which is confidential under this chapter or any other law. [If copying to electronic media] The public body or agency shall provide the records in their original format, if reasonably practicable. In the case of electronic records, if copying the records in their original format is not reasonably practicable, or if the person [or entity] requesting access requests a different [method] format, the public body or agency may provide the records in the requested format, convert the records to PDF or another file format in common usage, or provide a printout of the governmental records requested, or may use any other means reasonably calculated to comply with the request in light of the purpose of this chapter as expressed in RSA 91-A:1. [Access to work papers, personnel data, and other confidential information under RSA 91-A:5, IV shall not be provided.] In the case of electronic records, public bodies and agencies may provide the records electronically, subject to the provisions of paragraph VIII. Additionally, a public body or agency may charge the actual cost of the physical media, if any, that is necessary to provide a copy of the records to the requestor. In the case of records which are mailed to a New Hampshire mailing address or to media requestors as defined in paragraph IX, the public body or agency may charge the actual cost of mailing.
4 New Paragraphs; Fees for Records. Amend RSA 91-A:4 by inserting after paragraph VII the following new paragraphs:
VIII. A reasonable per electronic communication charge in addition to the actual cost of providing the copy under paragraph IV(d) may be made for requests for electronic communications in excess of 250 communications. Per electronic communication charges may not exceed $1.00 per communication and may be charged whether the records are delivered in hard copy or electronically. No charge may be incurred for the first 250 electronic communications. For the purposes of this paragraph, attachments to electronic communications shall be considered part of a single communication, and e-mails and responses under a single subject line shall be considered a single communication. Text or chat message threads regarding the same topic shall be considered a single communication unless exceeding 50 individual messages at which point each additional group of 50 messages shall be considered another single message. The public body or agency shall create a policy so that practices are transparent, uniform, and consistent, including a provision consistent with paragraph IX for the waiver of such fees for requestors who are deemed indigent, or who can demonstrate that such fees would present a financial hardship. Multiple requests from any person or entity to the same public body within a 30 day time period shall be considered one request. If a party believes that the estimated cost to make the records available is unreasonable or that a waiver under paragraph IX was improperly denied by the public body or agency, the party may seek relief according to RSA 91-A:7-b for a determination of whether the cost is reasonable or whether any waiver under paragraph IX applies. The burden shall be on the public body in establishing that the cost to make the records available is reasonable. A determination shall be made within 10 business days.
IX. The public body or agency shall waive any per electronic communication charge provided for in paragraph VIII for search or retrieval when the person requesting the records is an indigent individual as established by the federal poverty line or if the disclosure of the information is in the public interest because it is likely to contribute significantly to public understanding of the operations or activities of the government and is not primarily in the commercial interest of the requestor, except media requestors. Media requestors are organizations or individuals who publish information in accepted digital, print, or broadcast formats and to standards generally recognized by professional news organizations that do not serve primarily as a platform to promote the interest and/or opinions of a special interest group, government, individual or cause.
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.
2024-2021s
AMENDED ANALYSIS
This bill replaces the word "citizen" with "person" under the right-to-know law, and establishes parameters regarding fees charged and the manner in which record requests are received and provided by public bodies and agencies under RSA 91-A.