SB 301-FN-LOCAL - AS INTRODUCED

2022 SESSION

22-2998

07/10

SENATE BILL 301-FN-LOCAL

AN ACT relative to the procedure for violations under the right to know law.

SPONSORS: Sen. French, Dist 7; Sen. Avard, Dist 12; Sen. Gannon, Dist 23

COMMITTEE: Judiciary

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ANALYSIS

This bill establishes a procedure on filing petitions under RSA 91-A with the superior court for further relief and investigation.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

22-2998

07/10

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Twenty Two

AN ACT relative to the procedure for violations under the right to know law.

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

1  New Section; Procedure on Petitions to the Superior Court.  Amend RSA 91-A by inserting after section 7 the following new section:

91-A:7-a  Procedure on Petitions to the Superior Court.

I.  A petition filed under this chapter shall plainly state the basis for requested relief and shall include as exhibits copies of all communications between the requestor and governmental body or agency, as well as any governmental records provided by the governmental body or agency.  Upon receipt of a petition filed pursuant to this chapter, the court shall review the petition to determine if it states a claim upon which relief can be granted.  If the court finds that the petition states such a claim, then the court shall issue orders of notice requiring the responding party to either answer the complaint or be found in default.

II.  If the superior court finds that the petition states a claim under this chapter, the burden shall be on the respondent to sustain its action in rejecting some or all of the government records requested.  The respondent may meet their burden through the submissions of affidavits and other evidence to establish that its search:

(a)  Was conducted by a person with knowledge of the records in question and who made a reasonable effort to locate responsive documents to the petitioner's request;

(b)  Did not include documents properly exempted from production; and

(c)  Was exhaustive of all permissible uses for the information requested.

III.  Upon receipt of the respondent's pleadings, affidavits, or other evidence, the petition may respond with affidavits or other evidence challenging the respondents affidavits or other evidence.

IV.  The court may, in its discretion, schedule a hearing at which it may receive evidence or offers of proof.

2  Effective Date.  This act shall take effect January 1, 2023.

LBA

22-2998

12/3/21

SB 301-FN-LOCAL- FISCAL NOTE

AS INTRODUCED

AN ACT relative to the procedure for violations under the right to know law.

FISCAL IMPACT:      [ X ] State              [    ] County               [    ] Local              [    ] None

METHODOLOGY:

This bill establishes a procedure on filing petitions under RSA 91-A with the superior court for further relief and investigation.

The Judicial Branch states this bill would add requirements as to the content of a petition filed with the Superior Court and would require the Court to review the petition to determine if it states a claim upon which relief can be granted.  If the Court finds a claim has been stated, the respondent would be required to file affidavits and other evidence to sustain their burden.  The Court may, in its discretion, schedule a hearing or decide the case based upon the pleadings, affidavits or other evidence submitted.  The Branch expects the additional screening of all petitions to determine if a claim upon which relief will be granted will have a fiscal impact, but that impact is indeterminable.  The Branch may also have to modify its Odyssey case management system to account for the procedural changes described in the bill, but expects that the fiscal impact to make such changes is less than $5,000.

AGENCIES CONTACTED:

Judicial Branch