SB 301-FN-LOCAL - AS AMENDED BY THE SENATE

02/16/2022   0675s

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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AMENDED ANALYSIS

This bill establishes a procedure on filing complaints 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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

02/16/2022   0675s 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 Lawsuits to the Superior Court Concerning Government Records or Information Requests.  Amend RSA 91-A by inserting after section 7 the following new section:

91-A:7-a  Procedure on Lawsuits to the Superior Court Concerning Government Records or Information Requests.

I.  A lawsuit filed under this chapter challenging a denial of a request for the production of governmental records or information shall plainly state the basis for requested relief.  Upon receipt of a complaint filed pursuant to this chapter, the court shall review the complaint to determine if it states a claim upon which relief can be granted.  If the court finds that the complaint 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. If the court finds that the complaint does not state such a claim, then the court shall issue written notice which includes the reasons for denial.

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

(a)  Was conducted by a person with knowledge of the records in question;

(b)  That the person conducting the search made a reasonable effort to locate documents  responsive to the plaintiff's request; and

(c)  Did not improperly exclude documents from production under RSA 91-A.

III.  Upon receipt of the defendant's pleadings, affidavits, or other evidence, the plaintiff may respond with affidavits or other evidence challenging the defendant's legal argument, affidavits, or other evidence, or may introduce such other evidence as may be relevant at a hearing held pursuant to this section.

IV.  The court shall 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

Amended 2/23/22

SB 301-FN-LOCAL- FISCAL NOTE

AS AMENDED BY THE SENATE (AMENDMENT #2022-0675s)

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 complaints 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.  As amended by the Senate, the new provision  would apply only to appeals from a denial of a request for the production of governmental records or information.  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 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 would be less than $5,000.

AGENCIES CONTACTED:

Judicial Branch