HB 289-FN - AS INTRODUCED
2023 SESSION
23-0537
05/04
HOUSE BILL 289-FN
AN ACT relative to consultation with legal counsel under the right to know law.
SPONSORS: Rep. Corcoran, Hills. 44
COMMITTEE: Judiciary
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ANALYSIS
This bill prohibits a public official from retaining legal counsel for the purpose of evading compliance with the right to know law and makes violation of the requirement a misdemeanor.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
23-0537
05/04
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Three
AN ACT relative to consultation with legal counsel under the right to know law.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Access to Government Records and Meetings; Nonpublic Sessions; Consultation with Counsel; Limitation. Amend RSA 91-A:3, II(l) to read as follows:
(l) Consideration of legal advice provided by legal counsel, either in writing or orally, to one or more members of the public body, even where legal counsel is not present; provided that under no circumstance shall a member of the public body retain or consult with counsel for the purpose of evading compliance with this chapter. Any public official who solicits such advice, or votes to pay an attorney or law firm for such advice, shall be guilty of a class B misdemeanor.
2 Effective Date. This act shall take effect January 1, 2024.
23-0537
12/20/22
HB 289-FN- FISCAL NOTE
AS INTRODUCED
AN ACT relative to consultation with legal counsel under the right to know law.
FISCAL IMPACT: [ X ] State [ X ] County [ ] Local [ ] None
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STATE: | FY 2023 | FY 2024 | FY 2025 | FY 2026 |
Appropriation | $0 | $0 | $0 | $0 |
Revenue | $0 | $0 | $0 | $0 |
Expenditures | $0 | Indeterminable | Indeterminable | Indeterminable |
Funding Source: | [ X ] General [ ] Education [ ] Highway [ ] Other | |||
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COUNTY: |
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Revenue | $0 | $0 | $0 | $0 |
Expenditures | $0 | Indeterminable | Indeterminable | Indeterminable |
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METHODOLOGY:
This bill prohibits a public official from retaining legal counsel for the purpose of evading compliance with the right to know law and makes violation of the requirement a misdemeanor. There is no method to determine how many charges would be brought as a result of the changes contained in this bill to determine the fiscal impact on expenditures. However, the New Hampshire judicial and correctional system entities impacted have provided the potential costs associated with these penalties below.
Judicial Branch | FY 2023 | FY 2024 through 12/31/23 | FY 2024 (Starting 1/1/24 with repeal of Felonies First) | |||
Violation and Misdemeanor Level Offense | $119 | $122 | $122 | |||
Appeals | Varies | Varies | Varies | |||
NH Association of Counties | FY 2023 | FY 2024 | ||||
County Prosecution Costs | Indeterminable | Indeterminable | ||||
Many offenses are prosecuted by local and county prosecutors. When the Department of Justice has investigative and prosecutorial responsibility or is involved in an appeal, the Department may be able to absorb the cost within its existing budget. However, if the Department needs to prosecute significantly more cases or handle more appeals, then costs will increase by an indeterminable amount.
AGENCIES CONTACTED:
Judicial Branch, Department of Justice and New Hampshire Association of Counties