CHAPTER 287

HB 606 - FINAL VERSION

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2003 SESSION

03-1016

01/09

HOUSE BILL 606

AN ACT establishing a right-to-know study commission and relative to meetings open to the public.

SPONSORS: Rep. Thomas, Belk 31; Rep. J. Pratt, Ches 24; Rep. Bergin, Hills 47; Rep. Patten, Carr 7; Rep. Rowe, Hills 47

COMMITTEE: Judiciary

AMENDED ANALYSIS

This bill establishes a commission to study the right-to-know law, including the issue of electronic communications.

This bill also declares that certain caucuses by members of a public body are not meetings under the right-to-know law.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

05/22/03 1644s

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30jun03... 2286eba

03-1016

01/09

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Three

AN ACT establishing a right-to-know study commission and relative to meetings open to the public.

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

287:1 Purpose. The general court hereby establishes a commission to study clarifying the right-to-know law in light of the supreme court's December 31, 2001 decision in Hawkins v. N.H. Department of Health and Human Services and increasing use of electronic communication in the transaction of governmental business. The general court recognizes that guidance is needed for all government officials as well as for members of the public regarding what meetings and what documentation are considered subject to RSA 91-A, the right-to-know law.

287:2 Commission Established. There is established a commission to study the right-to-know law in light of the supreme court's decision in Hawkins v. N.H. Department of Health and Human Services and increasing use of electronic communications in the transaction of governmental business.

287:3 Membership and Compensation.

I. The members of the commission shall be as follows:

(a) Three members of the house of representatives, one from the science, technology and energy committee, one from the municipal and county government committee, and one from the judiciary committee, appointed by the speaker of the house.

(b) Three members of the senate, appointed by the president of the senate.

(c) Three municipal officials, appointed by the New Hampshire Municipal Association.

(d) One school board member, appointed by the New Hampshire School Boards Association.

(e) One school administrator, appointed by the New Hampshire School Administrators Association.

(f) Two county officials, appointed by the New Hampshire Association of Counties.

(g) Four members of the public, one of whom shall be an attorney who has knowledge of and experience with the right-to-know law, one of whom shall be an information technology professional, and one of whom shall be a telecommunications professional, all appointed by the governor with the consent of the council.

(h) The attorney general, or designee.

II. Legislative members of the commission shall receive mileage at the legislative rate when attending to the duties of the commission.

287:4 Duties. The commission shall study:

I. The need for disclosure requirements or guidelines for email and other electronic communication occurring between and among state, county, and local government appointed and elected officials and employees of governmental entities.

II. The need for disclosure requirements or guidelines for electronic communications with constituents of state, county, and local government appointed and elected officials and employees of governmental entities.

III. Archival requirements for electronic documents.

IV. The status of proprietary data within the definitions of the right-to-know law.

V. The ability to recover costs relative to the retrieval of electronic files and communications.

VI. Issues relative to public records posted to web sites of governmental entities.

VII. Whether a member of a body subject to the right-to-know law may participate in a meeting by teleconference or other electronic means.

VIII. The extent to which the public will be provided access to stored computer data under the right-to-know law.

IX. Any other matter deemed relevant by the commission.

287:5 Chairperson; Quorum. The members of the commission shall elect a chairperson from among the members. The first meeting of the commission shall be called by the first-named house member. The first meeting of the commission shall be held within 45 days of the effective date of this section. Nine members of the commission shall constitute a quorum.

287:6 Report. The commission shall make an interim report on or before November 1, 2003 and a final report on or before November 1, 2004, together with its findings and any recommendations for proposed legislation to the speaker of the house of representatives, the senate president, the house clerk, the senate clerk, the governor, and the state library.

287:7 Meetings Open to the Public; Certain Caucuses Not Meetings. Amend RSA 91-A:2, I(b) and (c) to read as follows:

(b) Strategy or negotiations with respect to collective bargaining; [or]

(c) Consultation with legal counsel; or

(d) A caucus consisting of elected members of a public body of the same political party who were elected on a partisan basis at a state general election or elected on a partisan basis by a town or city which has adopted a partisan ballot system pursuant to RSA 669:12 or RSA 44:2.

287:8 Effective Date. This act shall take effect upon its passage.

(Approved: July 18, 2003)

(Effective Date: July 18, 2003)