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1 New Section; The Attorney General; Subpoena Power to Enforce Civil Rights Laws. Amend RSA 7 by inserting after section 6-h the following new section:
7:6-i Subpoena Power to Enforce Civil Rights Laws.
I. To ensure full enforcement of civil rights laws over which the attorney general has authority to file civil actions, the attorney general shall have the power during a pre-suit investigation to issue subpoenas and subpoenas duces tecum in the name of the attorney general. Witnesses summoned by the attorney general shall be paid the same fee and mileage that are paid to witnesses in the superior court of the state. A subpoena or subpoena duces tecum of the attorney general may be served by any person designated in the subpoena or subpoena duces tecum to serve it. The attorney general may administer an oath or affirmation to any person and conduct hearings in aid of any investigation. The attorney general may also require any person to make a statement in writing under oath concerning any matter under investigation provided that the due date for receipt of such a statement shall be no sooner than 10 calendar days after receipt of such demand. Any testimony or statement given by any person so sworn shall be subject to the pains and penalties of perjury.
II. Notice requirements:
(a) The attorney general shall serve notice of the time, place, and cause of said examination at least 10 days prior to the date of the examination. Service of any such notice may be made by:
(1) Delivering a duly executed copy of the notice to the person to be served or an agent authorized by law to receive service of process;
(2) Delivering a duly executed copy of the notice to the person's principal place of business in this state, if any; or
(3) Registered mail, return receipt requested, to the person to be served, or an agent authorized by law to receive service of process.
These limitations do not apply to a written statement required under paragraph I which can be required by a reasonable notice thereof.
(b) Such notice need not be given if the attorney general has reason to believe that any potential recipient of such notice may move, conceal, alter, or destroy, or cause to be moved, concealed, altered, or destroyed, any documents to which it refers, or move or conceal or cause to be moved or concealed any person whose testimony is sought pursuant thereto. In any such cases, the notice served by the attorney general pursuant to this paragraph may require the immediate production or examination of any document or person therein referred to.
III. No such notice shall make improper or unreasonable requirements, nor require the production of privileged information.
IV. At any time prior to the date specified in the notice, or within 21 days after the notice has been served, whichever period is shorter, the superior court may, upon motion for good cause shown, extend said reporting date, or modify or set aside the demand. The motion may be filed in the superior court of the county in which the person resides or in which the person's usual place of business is located, or in Merrimack county.
V. Any information, testimony, or documentary material obtained under the authority of this section shall be used only for one or more of the following purposes:
(a) In connection with an investigation instituted under any section that authorizes the attorney general to initiate a civil or regulatory enforcement action under RSA 354-A;
(b) In connection with an investigation instituted under any section that authorizes the attorney general to initiate a civil or regulatory enforcement action under RSA 354-B;
(c) In connection with an investigation instituted under any chapter that authorizes the attorney general to initiate a civil or regulatory enforcement action to protect the public's civil rights; or
(d) In connection with any formal or informal program of or request for information exchange between the department of justice and any other local, state, or federal law enforcement agency. However, no information or material obtained or used pursuant to the authority of this section shall be released publicly by any governmental agency except in connection with the prosecution of legal proceedings. In addition, any information, testimony, or documentary material obtained or used pursuant to a protective order shall not be exchanged or released publicly, as provided herein, except in compliance with such protective order or as authorized through a court order.
VI. Any subpoena served pursuant to this section shall identify the statutory, regulatory, or other authority authorizing the attorney general to initiate the investigation or enforcement action.
VII. Any person who fails to comply with any notice served upon such person under this section shall be fined not more than $5,000.
2 Effective Date. This act shall take effect January 1, 2025.
Text to be added highlighted in green.
1 New Section; The Attorney General; Subpoena Power to Enforce Civil Rights Laws. Amend RSA 7 by inserting after section 6-h the following new section:
7:6-i Subpoena Power to Enforce Civil Rights Laws.
I. To ensure full enforcement of civil rights laws over which the attorney general has authority to file civil actions, the attorney general shall have the power during a pre-suit investigation to issue subpoenas and subpoenas duces tecum in the name of the attorney general. Witnesses summoned by the attorney general shall be paid the same fee and mileage that are paid to witnesses in the superior court of the state. A subpoena or subpoena duces tecum of the attorney general may be served by any person designated in the subpoena or subpoena duces tecum to serve it. The attorney general may administer an oath or affirmation to any person and conduct hearings in aid of any investigation. The attorney general may also require any person to make a statement in writing under oath concerning any matter under investigation provided that the due date for receipt of such a statement shall be no sooner than 10 calendar days after receipt of such demand. Any testimony or statement given by any person so sworn shall be subject to the pains and penalties of perjury.
II. Notice requirements:
(a) The attorney general shall serve notice of the time, place, and cause of said examination at least 10 days prior to the date of the examination. Service of any such notice may be made by:
(1) Delivering a duly executed copy of the notice to the person to be served or an agent authorized by law to receive service of process;
(2) Delivering a duly executed copy of the notice to the person's principal place of business in this state, if any; or
(3) Registered mail, return receipt requested, to the person to be served, or an agent authorized by law to receive service of process.
These limitations do not apply to a written statement required under paragraph I which can be required by a reasonable notice thereof.
(b) Such notice need not be given if the attorney general has reason to believe that any potential recipient of such notice may move, conceal, alter, or destroy, or cause to be moved, concealed, altered, or destroyed, any documents to which it refers, or move or conceal or cause to be moved or concealed any person whose testimony is sought pursuant thereto. In any such cases, the notice served by the attorney general pursuant to this paragraph may require the immediate production or examination of any document or person therein referred to.
III. No such notice shall make improper or unreasonable requirements, nor require the production of privileged information.
IV. At any time prior to the date specified in the notice, or within 21 days after the notice has been served, whichever period is shorter, the superior court may, upon motion for good cause shown, extend said reporting date, or modify or set aside the demand. The motion may be filed in the superior court of the county in which the person resides or in which the person's usual place of business is located, or in Merrimack county.
V. Any information, testimony, or documentary material obtained under the authority of this section shall be used only for one or more of the following purposes:
(a) In connection with an investigation instituted under any section that authorizes the attorney general to initiate a civil or regulatory enforcement action under RSA 354-A;
(b) In connection with an investigation instituted under any section that authorizes the attorney general to initiate a civil or regulatory enforcement action under RSA 354-B;
(c) In connection with an investigation instituted under any chapter that authorizes the attorney general to initiate a civil or regulatory enforcement action to protect the public's civil rights; or
(d) In connection with any formal or informal program of or request for information exchange between the department of justice and any other local, state, or federal law enforcement agency. However, no information or material obtained or used pursuant to the authority of this section shall be released publicly by any governmental agency except in connection with the prosecution of legal proceedings. In addition, any information, testimony, or documentary material obtained or used pursuant to a protective order shall not be exchanged or released publicly, as provided herein, except in compliance with such protective order or as authorized through a court order.
VI. Any subpoena served pursuant to this section shall identify the statutory, regulatory, or other authority authorizing the attorney general to initiate the investigation or enforcement action.
VII. Any person who fails to comply with any notice served upon such person under this section shall be fined not more than $5,000.
2 Effective Date. This act shall take effect January 1, 2025.