HB 1551-FN - AS INTRODUCED
2000 SESSION
10/01
HOUSE BILL 1551-FN
This bill provides that members of the legislature shall have access to records and information held or maintained by a state agency or authority for certain legislative purposes, and includes penalties for failure to provide access.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
00-2245
10/01
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand
AN ACT relative to legislative access to agency information.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Subdivision; Legislative Access to Agency Information. Amend RSA 14 by inserting after section 49 the following new subdivision:
Legislative Access to Agency Information
14:50 Legislative Access to Agency Information.
I. Upon the request of a member of the legislature, any state agency, or board or commission of any state agency or authority, including the board of trustees of the university system of New Hampshire, shall provide full access by the legislator to records or information held or maintained by the agency, board, commission, or authority for use as legislative research, or in any legislative proceeding, hearing, or discussions.
II. The legislator obtaining such access shall maintain the confidentiality of the records or information in his or her possession in regard to all other persons in accordance with RSA 91-A or other applicable law, however, the legislator may use the information for the purpose of legislative committee discussion or as source material for a piece of legislation.
III. The legislative access provided by this section shall not be limited by any order of any court or application of any other state law or rule restricting access to records or information.
IV. Any person who, upon a request by a legislator under this section, fails to provide the requested information, or access to records, or otherwise interferes with a request, shall be guilty of a misdemeanor. Any state employee acting in violation of this section or responsible for an agent acting in violation of this section shall be suspended from state employment for a period of time to be determined jointly by the speaker of the house, the senate president and the governor.
2 Right to Know Law; Exemptions. Amend RSA 91-A:5, IV to read as follows:
IV. Records pertaining to internal personnel practices; confidential, commercial, or financial information; test questions, scoring keys, and other examination data used to administer a licensing examination, examination for employment, or academic examinations; and personnel, medical, welfare, library user, videotape sale or rental, and other files whose disclosure would constitute invasion of privacy. Without otherwise compromising the confidentiality of the files, nothing in this paragraph shall prohibit a body or agency from releasing information relative to health or safety from investigative files on a limited basis to persons whose health or safety may be affected, or as provided in RSA 14:50.
3 Effective Date. This act shall take effect 60 days after its passage.
LBAO
00-2245
12/17/99
HB 1551-FN - FISCAL NOTE
AN ACT relative to legislative access to agency information.
FISCAL IMPACT:
The Office of Legislative Budget Assistant is unable to complete a fiscal note for this bill as it is awaiting information from an agency.