HB 460 - AS AMENDED BY THE SENATE

 

8Mar2017... 0155h

05/11/2017   1620s

2017 SESSION

17-0538

01/03

 

HOUSE BILL 460

 

AN ACT relative to minutes under the right-to-know law.

 

SPONSORS: Rep. True, Rock. 4; Rep. J. Edwards, Rock. 4; Rep. Torosian, Rock. 14; Rep. Brown, Graf. 16; Rep. Comeau, Carr. 5

 

COMMITTEE: Judiciary

 

-----------------------------------------------------------------

 

AMENDED ANALYSIS

 

This bill declares that a member of a public body may object to a discussion in a meeting of the body, including nonpublic session, if the member believes the discussion violates RSA 91-A.  Upon request of the member who is objecting to the discussion, the public body shall record the member's objection in its minutes of the meeting.

 

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

8Mar2017... 0155h

05/11/2017   1620s 17-0538

01/03

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Seventeen

 

AN ACT relative to minutes under the right-to-know law.

 

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

 

1  New Paragraph; Right-to-Know Law; Objection by Member of Public Body.  Amend RSA 91-A:2 by inserting after paragraph II the following new paragraph:

II-a.  If a member of the public body believes that any discussion in a meeting of the body, including in a nonpublic session, violates this chapter, the member may object to the discussion.  If the public body continues the discussion despite the objection, the objecting member may request that his or her objection be recorded in the minutes and may then continue to participate in the discussion without being subject to the penalties of RSA 91-A:8, IV or V.  Upon such a request, the public body shall record the member's objection in its minutes of the meeting.  If the objection is to a discussion in nonpublic session, the objection shall also be recorded in the public minutes, but the notation in the public minutes shall include only the member's name, a statement that he or she objected to the discussion in nonpublic session, and a reference to the provision of RSA 91-A:3, II, that was the basis for the discussion.

2  Effective Date.  This act shall take effect January 1, 2018.