hb 1423

CHAPTER 222

HB 1423-FN - FINAL VERSION

AN ACT relative to state or local government security issues under the right-to-know law and relative to threats of biological or chemical substances.

SPONSORS: Rep. Clegg, Hills 23; Rep. Burling, Sull 1; Rep. Welch, Rock 18; Rep. Kurk, Hills 5; Rep. Craig, Hills 38; Sen. Francoeur, Dist 14; Sen. Hollingworth, Dist 23

This bill allows bodies or agencies to consider matters relating to state or local government security in nonpublic session under the right-to-know law. The bill also exempts records relating to state or local government security from the provisions of the right-to-know law; provided, that such records may be released for a limited purpose.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

AN ACT relative to state or local government security issues under the right-to-know law and relative to threats of biological or chemical substances.

Be it Enacted by the Senate and House of Representatives in General Court convened:

222:1 Statement of Purpose. Following the events of September 11, 2001, as state and local public safety and emergency management personnel were gathering information to assess potential safety and security risks in order to protect the citizens of the state of New Hampshire, it became apparent that this information would be subject, in many instances, to release pursuant to the state's right to know law, RSA 91-A. The general court fully supports the concept that openness in the conduct of public business is essential to a democratic society and that RSA 91-A was enacted to ensure both the greatest possible public access to the actions, discussions, and records of all public bodies, and their accountability to the people. The general court finds, however, that certain information should not be subject to disclosure in order to protect the safety and security of New Hampshire citizens and their property against threats or deliberate acts of violence which are intended to result in widespread or severe damage to property or widespread injury or loss of life. The general court therefore adopts this act which exempts certain information gathered in order to determine security risks and to implement measures necessary to protect against those risks, with the intent that this exemption is to be interpreted narrowly and only for the purpose of protecting against the threat of acts intended to result in widespread damage to property, widespread injury, or loss of life. The general court does not intend to exempt from release, under RSA 91-A, information relative to the routine or daily operations of state and local public safety or emergency management departments, including information regarding budgeting, planning, and staffing which would otherwise be properly subject to disclosure.

222:2 New Subparagraph; Matters Relating to State or Local Government Security Added. Amend RSA 91-A:3, II by inserting after subparagraph (h) the following new subparagraph:

(i) Consideration of matters relating to the preparation for and the carrying out of emergency functions, including training to carry out such 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.

III. Minutes of proceedings 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 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, it is determined that divulgence of the information likely would affect adversely the reputation of any person other than a member of the body or agency itself, 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.

222:4 New Paragraph; Records Pertaining To Matters of State or Local Government Security Exempted. Amend RSA 91-A:5 by inserting after paragraph V the following new paragraph:

VI. Records pertaining to matters relating to the preparation for and the carrying out of all emergency functions, including training to carry out such 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.

222:5 New Section; Limited Purpose Release. Amend RSA 91-A by inserting after section 5 the following new section:

91-A:5-a Limited Purpose Release. Records from non-public sessions under RSA 91-A:3, II(i) or that are exempt under RSA 91-A:5, VI may be released to local or state safety officials. Records released under this section shall be marked "limited purpose release" and shall not be redisclosed by the recipient.

I. Any person who dials or otherwise causes 911 to be called for the purpose of making a false alarm or complaint or purposely reports false information which could result in the dispatch of emergency services shall be guilty of a misdemeanor.

II. Any person who dials and otherwise causes 911 to be called and purposely reports information which he or she knows to be false concerning the existence of a biological or chemical substance which could result in the dispatch of emergency services shall be guilty of a class B felony.

222:7 Criminal Threatening; Biological or Chemical Threats. Amend RSA 631:4, I to read as follows:

(a) By physical conduct, the person purposely places or attempts to place another in fear of imminent bodily injury or physical contact; or

(b) The person places any object or graffiti on the property of another with a purpose to coerce or terrorize any person; or

(c) The person threatens to commit any crime against the property of another with a purpose to coerce or terrorize any person; or

(d) The person threatens to commit any crime against the person of another with a purpose to terrorize any person; or

(e) The person threatens to commit any crime of violence, or threatens the delivery or use of a biological or chemical substance, with a purpose to cause evacuation of a building, place of assembly, facility of public transportation or otherwise to cause serious public inconvenience, or in reckless disregard of causing such fear, terror or inconvenience; or

(f) The person delivers, threatens to deliver, or causes the delivery of any substance the actor knows could be perceived as a biological or chemical substance, to another person with the purpose of causing fear or terror, or in reckless disregard of causing such fear or terror.

222:8 False Reports of Biological or Chemical Substances. Amend RSA 644:3 to read as follows:

I. Any person who directly or indirectly communicates to any governmental agency that commonly deals with emergencies involving danger to life or property a report known by him to be false regarding a fire, explosion, or other catastrophe or emergency, shall be guilty of a misdemeanor[~~. This section shall not apply to false alarms subject to RSA 644:3-a, RSA 644:3-b, or false reports under RSA 158:38~~]; except if the report concerns the presence of a biological or chemical substance, the offense shall constitute a class B felony.

II. Any person who directly or indirectly communicates to any school, business, office building, hospital, or similar facility open to the public, a report concerning the presence of a biological or chemical substance, knowing such report is false, shall be guilty of a class B felony.

III. Any person who knowingly delivers, or causes the delivery of any substance the actor knows could reasonably be perceived as a biological or chemical substance, with the purpose of causing fear or terrorism and with reckless disregard for the risk that emergency services will be dispatched as a result of such delivery, shall be guilty of a class B felony.

IV. This section shall not apply to false alarms subject to RSA 644:3-a or RSA 644:3-b, or false reports under RSA 158:38.

222:9 New Section; Exposing the Public to Toxic Biological or Chemical Substances. Amend RSA 644 by inserting after section 2 the following new section:

644:2-a Exposing the Public to Toxic Biological or Chemical Substances. Any person who knowingly delivers or causes the delivery of a biological or chemical substance to a governmental facility, school, business, hospital, office building, or similar facility open to the public, with the purpose of causing bodily injury or evacuation of such facility, shall be guilty of a class A felony.