SB 533 - AS INTRODUCED
2024 SESSION
24-3076
11/08
SENATE BILL 533
AN ACT relative to physical quorums at public meetings.
SPONSORS: Sen. Altschiller, Dist 24; Sen. Watters, Dist 4; Sen. Perkins Kwoka, Dist 21; Rep. M. Paige, Rock. 11; Rep. Simpson, Rock. 33; Rep. N. Murphy, Hills. 12; Rep. W. Thomas, Hills. 12; Rep. Gilman, Rock. 11
COMMITTEE: Judiciary
-----------------------------------------------------------------
ANALYSIS
This bill enables public bodies to allow one or more members of the body to participate in a meeting by electronic means.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
24-3076
11/08
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Four
AN ACT relative to physical quorums at public meetings.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Meetings Open to Public. Amend RSA 91-A:2, III to read as follows:
III. A public body may, but is not required to, allow one or more members of the body to participate in a meeting by electronic or other means of communication for the benefit of the public and the governing body, subject to the provisions of this paragraph.
(a) A member of the public body may participate in a meeting other than by attendance in person at the location of the meeting only when such attendance is not reasonably practical. Any reason that such attendance is not reasonably practical shall be stated in the minutes of the meeting.
(b) Except in an emergency, [a quorum] at least two members of the public body shall be physically present at the location specified in the meeting notice as the location of the meeting. For purposes of this subparagraph, an "emergency" means that immediate action is imperative and the physical presence of a quorum is not reasonably practical within the period[ of time] requiring action. The determination that an emergency exists shall be made by the chair[man] or presiding officer of the public body, and the facts upon which that determination is based shall be included in the minutes of the meeting.
(c) Each [[part of a meeting required to be open to the public shall be audible or otherwise discernable to the public at the location specified in the meeting notice as the location of the meeting. Each member participating electronically or otherwise must be able to simultaneously hear each other and speak to each other during the meeting, and shall be audible or otherwise discernable to the public in attendance at the meeting's location.] No meeting shall be conducted by electronic mail or any other form of communication that does not permit the public to hear, read, or otherwise discern meeting discussion contemporaneously at the meeting location specified in the meeting notice.] member participating electronically or otherwise shall be able to contemporaneously and throughout the meeting see and hear, and be seen and heard by, the other members of the public body attending the meeting and members of the public in attendance at the meeting site. A member participating in a meeting remotely as described in this paragraph is deemed to be present for all purposes, including for determination of a quorum and voting. Each member participating remotely shall identify the persons present in the location from which the member is participating. All votes taken during such a meeting shall be by roll call vote.
[(d) Any meeting held pursuant to the terms of this paragraph shall comply with all of the requirements of this chapter relating to public meetings, and shall not circumvent the spirit and purpose of this chapter as expressed in RSA 91-A:1.
(e) A member participating in a meeting by the means described in this paragraph is deemed to be present at the meeting for purposes of voting. All votes taken during such a meeting shall be by roll call vote.]
2 Effective Date. This act shall take effect January 1, 2025.