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CHAPTER 279 (HB 477)
AN ACT RELATIVE TO THE RIGHT TO KNOW LAW.
Be it Enacted by the Senate and House of Representatives in General Court
convened:
279:1 Availability of Minutes. Amend RSA 91-A:2, II (supp) as inserted by
1977, 540:3 by striking out in said paragraph and inserting in place thereof
the following:
II. All public proceedings shall be open to the public, and all persons shall be
permitted to attend any meetings of those bodies or agencies. Except for town
meetings, school district meetings and elections, no vote while in open session
may be taken by secret ballot. Any person shall be permitted to use recording
equipment, at such meetings. Minutes of all such meetings, including names
of members, persons appearing before the bodies or agencies, and a brief
description of the subject matter discussed and final decisions shall be
promptly recorded and open to public inspection within 144 hours of the
public meeting, except as provided in RSA 91-A:6, and shall be treated as
permanent records of any body or agency, or any subordinate body thereof,
without exception. Except in an emergency or when there is a meeting of a
legislative committee, a notice of the time and place of each such meeting,
including an executive session, shall be posted in 2 appropriate places or shall
be printed in a newspaper of general circulation in the city or town at least 24
hours, excluding Sundays and legal holidays, prior to such meetings. An
emergency shall mean a situation where immediate undelayed action is
deemed to be imperative by the chairman or presiding officer of the body or
agency who shall employ whatever means are available to inform the public
that a meeting is to be held. The minutes of the meeting shall clearly spell out
the need for the emergency meeting. When a meeting of a legislative commit-
tee is held, publication made pursuant to the rules of the house of representa-
tives shall be sufficient notice. If the charter of any city or guidelines or rules
of order of any body or agency described in RSA 91-A:1-a requires a broader
public access to official meetings and records than herein described, such
charter provisions or guidelines or rules of order shall take precedence over
the requirements of this chapter.
279:2 Public Inspection of Records. Amend RSA 91-A:4 as inserted by
1967, 251:1 by striking out said section and inserting in place thereof the
following:
91-A:4 Minutes and Records Available for Public Inspection.
I. Every citizen during the regular or business hours of all such bodies or
agencies, and on the regular business premises of such bodies or agencies, has
the right to inspect all public records, including minutes of meetings of the
bodies or agencies, and to make memoranda, abstracts, photographic or
photostatic copies of the records or minutes so inspected, except as otherwise
prohibited by statue or RSA 91-A:5.
II. After the completion of a meeting of such bodies or agencies, every
citizen, during regular or business hours of all such bodies or agencies, and
on the regular business premises of such bodies or agencies, has the right to
inspect all notes, materials, tapes or other sources used for compiling the
minutes of such meetings, and to make memoranda, abstract, photographic
or photostatic copies, or tape record such notes, materials, tapes or sources
inspected, except as otherwise prohibited by statute or RSA 91-A:5.
279:3 Effective Date. This act shall take effect 60 days after its passage.
[Approved June 18, 1983.]
[Effective Date August 17, 1983.]