This bill amends RSA 91-A, which pertains to the right-to-know law, specifically regarding fees for records. The bill outlines the process and conditions under which public bodies or agencies must respond to requests for governmental records. It mandates that records must be made available for inspection and copying within five business days of a request, and if not immediately available, the agency must either provide the record, deny the request, or issue a written statement explaining the delay and an itemized estimate of the cost if a charge is applicable. Additionally, the bill allows public bodies to suggest modifications to the scope of a request to facilitate more efficient and affordable record production and provides that agencies acting in good faith to redact exempt information are not liable for damages unless shown to have acted in a wanton or reckless manner.

The bill also introduces a new fee structure for electronic communications, allowing a reasonable per communication charge for requests exceeding 250 communications, not to exceed $1.00 per communication, with no charge for the first 250. Attachments and related emails or messages are considered part of a single communication, with specific rules for counting text or chat message threads. The bill requires public bodies to create transparent policies for these charges, including waivers for indigent requestors or those for whom the fees would present a financial hardship. It also specifies that media requestors, defined as those publishing information to professional standards and not primarily promoting special interests, are exempt from certain charges. The bill takes effect 60 days after its passage, with an effective date of August 13, 2024.

Statutes affected:
Introduced: 91-A:4
As Amended by the House: 91-A:4
As Amended by the House (2nd): 91-A:4
Version adopted by both bodies: 91-A:4
CHAPTERED FINAL VERSION: 91-A:4