hb 1295

CHAPTER 246

HB 1295 – FINAL VERSION

AN ACT relative to certain court records and exempting certain documents from the right-to-know law.

SPONSORS: Rep. Cady, Rock 73; Rep. Nutter, Merr 37; Rep. Marple, Merr 37

I. Declares that certain court records involving an action against a governmental unit shall be available as a public record under RSA 91-A.

II. Exempts notes or other materials made for personal use that do not have an official purpose from the right-to-know law.

III. Exempts preliminary drafts, notes, and memoranda and other documents not in their final form and not disclosed, circulated, or available to certain entities from the right-to-know law.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

AN ACT relative to certain court records and exempting certain documents from the right-to-know law.

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

246:1 New Subdivision; Actions Against Governmental Units. Amend RSA 507 by inserting after section 16 the following new subdivision:

I. “Governmental unit” means the state and any political subdivision within the state including any county, city, town, precinct, school district, charter school, school administrative unit, or departments or agencies thereof.

II. In any action against a governmental unit where the governmental unit has agreed to a settlement of such action, the complete terms of the settlement and the decree of the court judgment shall be available as a matter of public record pursuant to RSA 91-A.

III. The court may redact the names of minor children or any other person the court determines to be entitled to privacy.

246:2 New Paragraph; Right-to-Know; Agreements Available for Public Inspection. Amend RSA 91-A:4 by inserting after paragraph V the following new paragraph:

VI. Every agreement to settle a lawsuit against a governmental unit, threatened lawsuit, or other claim, entered into by any political subdivision or its insurer, shall be kept on file at the municipal clerk’s office and made available for public inspection for a period of no less than 10 years from the date of settlement.

246:3 Right-to-Know; Exemptions. Amend the introductory paragraph and paragraphs I and II of RSA 91-A:5 to read as follows:

The following records [~~of the following bodies~~] are exempted from the provisions of this chapter:

246:4 New Paragraphs; Exemptions; Certain Documents. Amend RSA 91-A:5 by inserting after paragraph VII the following new paragraphs:

VIII. Any notes or other materials made for personal use that do not have an official purpose, including notes and materials made prior to, during, or after a public proceeding.

IX. Preliminary drafts, notes, and memoranda and other documents not in their final form and not disclosed, circulated, or available to a quorum or a majority of those entities defined in RSA 91-A:1-a.