07Jan2004… 2381h

04/01/04 0966s

2004 SESSION

03-0312

01/10

HOUSE BILL 622-FN

AN ACT clarifying certain exemptions from the right-to-know law.

COMMITTEE: Judiciary

AMENDED ANALYSIS

This bill clarifies certain exemptions from the right-to-know law relating to reputation and pending claims or litigation.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

07Jan2004… 2381h

04/01/04 0966s

03-0312

01/10

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Four

AN ACT clarifying certain exemptions from the right-to-know law.

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

42:1 Right-to-Know Law; Exemptions. Amend RSA 91-A:3, II(c)-(e) to read as follows:

(c) Matters which, if discussed in public, would likely affect adversely the reputation of any person, other than a member of the body or agency itself, unless such person requests an open meeting. This exemption shall extend to any application for assistance or tax abatement or waiver of a fee, fine, or other levy, if based on inability to pay or poverty of the applicant.

(d) Consideration of the acquisition, sale or lease of real or personal property which, if discussed in public, would likely benefit a party or parties whose interests are adverse to those of the general community.

(e) Consideration or negotiation of pending claims or litigation which has been threatened in writing or filed against the body or agency or any subdivision thereof, or against any member thereof because of his or her membership in such body or agency, until the claim or litigation has been fully adjudicated or otherwise settled. Any application filed for tax abatement, pursuant to law, with any body or board shall not constitute a threatened or filed litigation against any body, board, or agency for the purposes of this subparagraph.

42:2 Effective Date. This act shall take effect January 1, 2005.

(Approved: May 3, 2004)

(Effective Date: January 1, 2005)