This bill amends RSA 91-A:8, I and II, which relates to attorney's fees in actions under the right to know law. The bill removes the requirement that attorney's fees can only be awarded if the court finds that the public body, public agency, or person knew or should have known that their conduct was in violation of the right to know law. Instead, the bill requires the court to issue a final judgment in favor of the requester before attorney's fees can be awarded. Additionally, the bill allows the court to award attorney's fees to a public body or agency if the lawsuit is found to be in bad faith, frivolous, unjust, vexatious, wanton, or oppressive, and a final judgment is rendered against the requester. The bill takes effect on January 1, 2024.

The fiscal impact of this bill is indeterminable. The Department of Justice believes that removing the requirement for the court to find that the public body or agency knew or should have known of the violation would result in attorney's fees being awarded any time a petitioner is successful in obtaining a judgment that a violation occurred. The Judicial Branch is unable to determine if this change would result in changes in the number of cases filed or the management of litigation. The New Hampshire Municipal Association and the New Hampshire Association of Counties both believe that this bill would lead to an increase in costs for municipalities and governmental entities, but the exact impact cannot be quantified.

Statutes affected:
Introduced: 91-A:8