CHAPTER 168

SB 183 - FINAL VERSION

18May2023... 1402h

2023 SESSION

23-1038

05/08

SENATE BILL 183

AN ACT exempting certain phone calls from the right to know law.

SPONSORS: Sen. Ricciardi, Dist 9; Sen. Watters, Dist 4; Sen. Birdsell, Dist 19; Rep. Lynn, Rock. 17

COMMITTEE: Judiciary

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AMENDED ANALYSIS

This bill provides that although records compiled under RSA 106-H, relative the enhanced 911 system, are not public records under RSA 91-A, the division may release records to the caller or the subject of the call for the purpose of a legal investigation or civil proceeding.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

18May2023... 1402h 23-1038

05/08

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Twenty Three

AN ACT exempting certain phone calls from the right to know law.

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

168:1  Enhanced 911 System; Information Not Subject to Right-to-Know Law.  Amend RSA 106-H:14, II to read as follows:  

II.  Notwithstanding paragraph I, the division shall make information or records compiled under this chapter available only as follows:

(a)  On a case-by-case basis to a law enforcement agency that requires the information or records for investigative purposes; [and]

(b)  To the department of environmental services solely for the purposes of estimating the location of wells subject to RSA 482-B and for creating and maintaining an inventory of drinking water sampling sites and the materials used for water system service lines needed to comply with the Federal Safe Drinking Water Act.  The department of environmental services shall not be required to release such data under RSA 91-A; and

(c)  To the caller or their legal representative, or to the subject of the call or their legal representative, with written authorization of the recipient on a form satisfactory to the department, that such information or records are being made available solely for the purposes of investigation in anticipation of litigation or for use in connection with any civil court proceeding.  Records released under this section shall be marked “limited purpose release” and shall not be redisclosed by the recipient beyond the investigation or civil proceeding.  Any records which are the subject of a criminal investigation will be released only after the criminal matter is concluded.  Neither the state nor its agencies or employees shall be civilly liable for any improper use or release of 911 records to any person obtaining such records as provided in this section.

168:2  Effective Date.  This act shall take effect 60 days after its passage.

Approved: July 28, 2023

Effective Date: September 26, 2023