HB 652-FN - AS INTRODUCED

2023 SESSION

23-0531

05/08

HOUSE BILL 652-FN

AN ACT relative to nonpublic sessions under the right to know law.

SPONSORS: Rep. Prudhomme-O'Brien, Rock. 13; Rep. Love, Rock. 13; Rep. Potucek, Rock. 13

COMMITTEE: Judiciary

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ANALYSIS

This bill provides that, when a public body goes into nonpublic session to discuss matters likely to adversely affect an individual's reputation, the person affected shall be given notice of the meeting and an opportunity to attend, be represented by counsel and speak on their own behalf.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

23-0531

05/08

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Twenty Three

AN ACT relative to nonpublic sessions under the right to know law.

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

1  Access to Governmental Records and Meetings; Nonpublic Sessions; Notice.  Amend RSA 91-A:3, II(c) to read as follows:

(c)  Matters which, if discussed in public, would likely affect adversely the reputation of any person, other than a member of the public body itself, unless such person requests an open meeting.  This exemption shall extend to any application for assistance or tax abatement or waiver of a fee, fine, or other levy, if based on inability to pay or poverty of the applicant. The person whose reputation may be adversely affected shall be notified, in writing, at least 48 hours prior to the nonpublic session; provided, that notification may be waived upon written agreement of the parties.  Such person shall be afforded the opportunity to:

(1)  Be present at the session during discussions and decisions which involve that person;  

(2)  Have counsel or a representative of his or her choosing present for the purpose of advising the individual and not for the purpose of active participation in the session; and

(3)  Speak on his or her own behalf.

2  Effective Date.  This act shall take effect January 1, 2024.

LBA

23-0531

1/10/23

HB 652-FN- FISCAL NOTE

AS INTRODUCED

AN ACT relative to nonpublic sessions under the right to know law.

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

The Office of Legislative Budget Assistant is still awaiting information from the Department of Justice. The Department was originally contacted on December 15, 2022.  When completed, the fiscal note will be forwarded to the House Clerk's Office.

METHODOLOGY:

This bill provides that, when a public body goes into nonpublic session to discuss matters likely to adversely affect an individual's reputation, the person affected shall be given notice of the meeting and an opportunity to attend, be represented by counsel and speak on their own behalf.

The Office of Professional Licensure and Certification indicates any additional costs resulting from this bill would be in the form of administrative costs.  Additional time may be needed in nonpublic meetings sessions to give adequate time for those affected to be heard, causing meetings to go longer or creating a need for additional meetings.  The Office states the bill would  also add an additional responsibility for staff to notify individuals.

The New Hampshire Municipal Association indicates there are a variety of instances which qualify for entry into non-public session for the purpose of discussing a matter that may affect a person’s reputation or standing in the community.  These would include discussion and approval of tax abatements, or provisions relating to provision of municipal welfare or other governmental assistance.  The Association expects that the pre-notification requirement would increase costs to municipalities by requiring payment of notification services such as the mail or local police for delivery of written materials to individuals who may or may not be residents. The pre-notification requirements may also prevent swift action by a board. The bill’s presence protection requirement would require that tax abatements be contemplated in separate nonpublic sessions.  This would greatly prolong the process and require additional staff time. The bill's speech requirements would also prolong meetings and likely result in additional staff costs. The Association does not expect an impact on local revenues.

The New Hampshire Association of Counties states these requirements would necessitate extra correspondence on behalf of the counties to notify any relevant parties, however, the extra efforts can be absorbed by the people who regularly notice such meetings.  Because these duties can be absorbed by existing personnel, operations, and resources, this bill would not have any fiscal impact on the counties.

AGENCIES CONTACTED:

Office of Professional Licensure and Certification, Department of Justice, New Hampshire Municipal Association and New Hampshire Association of Counties