HB 566 - AS INTRODUCED
2021 SESSION
21-0239
04/08
HOUSE BILL 566
AN ACT relative to sealing records in nonpublic session under the right-to-know law.
SPONSORS: Rep. Yokela, Rock. 33; Rep. Yakubovich, Merr. 24
COMMITTEE: Judiciary
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ANALYSIS
This bill requires that sealed minutes in nonpublic sessions under the right-to-know law may be
unsealed if in the opinion of a majority of members voting in nonpublic session determine that
circumstances have changed. The minutes sealed pursuant to RSA 91-A:3, II(d) would become
public after one year.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
 HB 566 - AS INTRODUCED
21-0239
04/08
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty One
AN ACT relative to sealing records in nonpublic session under the right-to-know law.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 1 New Subparagraph; Right-to-Know-Law; Nonpublic Sessions. Amend RSA 91-A:3, II by
2 inserting after subparagraph (l) the following new subparagraph:
3 (m) Consideration of whether to unseal minutes after one year due to a change in
4 circumstances under paragraph III.
5 2 Right-to-Know Law; Nonpublic Minutes. Amend RSA 91-A:3, III to read as follows:
6 III. Minutes of meetings in nonpublic session shall be kept and the record of all actions shall
7 be promptly made available for public inspection, except as provided in this section. Minutes of such
8 sessions shall record all actions in such a manner that the vote of each member is ascertained and
9 recorded. Minutes and decisions reached in nonpublic session shall be publicly disclosed within 72
10 hours of the meeting, unless, by recorded vote of 2/3 of the members present taken in public session,
11 it is determined that divulgence of the information likely would affect adversely the reputation of
12 any person other than a member of the public body itself, or render the proposed action ineffective,
13 or pertain to terrorism, more specifically, to matters relating to the preparation for and the carrying
14 out of all emergency functions, developed by local or state safety officials that are directly intended
15 to thwart a deliberate act that is intended to result in widespread or severe damage to property or
16 widespread injury or loss of life. This shall include training to carry out such functions. In the event
17 of such circumstances, information may be withheld until, in the opinion of a majority of members
18 voting in nonpublic session, the aforesaid circumstances no longer apply. An exception shall
19 apply to those minutes generated from subparagraph II(d), which may be unsealed at any
20 time but which will automatically be unsealed after one year unless a majority of the
21 members vote that the minutes should remain sealed.
22 3 Effective Date. This act shall take effect January 1, 2022.


Statutes affected:
Introduced: 91-A:3
latest version: 91-A:3