sb 0157

CHAPTER 281

SB 157 - FINAL VERSION

AN ACT relative to state government information dissemination and access.

SPONSORS: Sen. D'Allesandro, Dist 20

This bill creates a system of dissemination and access to state government information to be administered by the state library.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

AN ACT relative to state government information dissemination and access.

Be it Enacted by the Senate and House of Representatives in General Court convened:

281:1 Publication and Distribution of Bills, Joint Resolutions, Legislative Manual, Statutes, Journals, and Reports; Reference Changed. Amend RSA 20:1, V(6) to read as follows:

(6) [~~Depository~~] New Hampshire state government information access libraries designated under RSA 202-B.

281:2 Advance Printing and Distribution of Acts and Resolves; Reference Changed. Amend RSA 20:1-a to read as follows:

20:1-a Advance Printing and Distribution of Acts and Resolves. During each legislative session the director of legislative services shall provide for the advance printing and distribution of all acts and resolves, together with an index thereof, of such session. Each justice of the supreme, superior, probate, district and municipal courts shall be furnished a set of this publication without charge. The senate shall receive at least 2 such sets and the house of representatives at least 3 such sets. The state library shall be furnished a set for its own use and sets for distribution to [~~depository~~] New Hampshire state government information access libraries designated under RSA 202-B, and upon request, sufficient sets to exchange with other states.

281:3 Department of Cultural Resources; Rulemaking Authority Amend RSA 21-K:8, VII to read as follows:

VII. New Hampshire state government information access libraries and retention schedules for state publications as provided in RSA 202-B.

281:4 Distribution of Public Documents. RSA 202-B is repealed and reenacted to read as follows:

202-B:1 Policy Statement; Short Title. The legislature finds that providing citizens with access to public documents will allow increased citizen involvement in state policies and empower citizens to participate in state policy decision making. To this end, the legislature hereby declares that a system of dissemination and access to state government information be administered by the state library. This chapter may be referred to as the "New Hampshire State Government Information Dissemination and Access Act."

I. "Component of state government" means any state government department, independent regulatory agency, state government corporation, state controlled corporation, or other establishment in the executive, legislative, or judicial branch.

II. "Dissemination" means the act of distributing tangible state government information products to program libraries, or the act of making state government information products accessible to program libraries and the general public via a state government electronic information service.

III. "Program library" means a library designated under the provisions of this chapter which maintains tangible state government information products for use by the general public, offers professional assistance in locating and using state government information, and provides local capability for the general public to access state government electronic information services. These libraries shall be known as "New Hampshire state government information access libraries."

IV. "State government electronic information service" means the system or method by which a component of state government or its authorized agent disseminates state government information products to the public via a telecommunications network or successor technology.

V. "State government information" means that information, regardless of form or format, which is created or compiled by employees of the judicial, legislative, and executive branches of government, or at state expense, or as required by law; except that information which is required for official use only, is for strictly administrative or operational purposes having no public interest or educational value or otherwise excluded by state law.

VI. "State government information product" means a state publication or other discrete compilation of state government information of general public interest, either conveyed in a tangible physical format including electronic media, or disseminated via a state government electronic information service.

VII. "Tangible state government information product" means any state information product that can be distributed to program libraries in a physical format.

202-B:3 State Government Information Access Libraries Designated. The state librarian is authorized to designate no more than 25 public and academic libraries as state government information access libraries. In designating program libraries, the state librarian shall take into account geographic representation, population served, and capability of the library to carry out the program.

I. Each agency component of state government shall produce 25 copies of its tangible state government information products for deposit with the state librarian. The state librarian shall make tangible products available through distribution to program libraries and shall ensure program libraries and general public access to state information products available via state electronic information services as soon as practicable.

II. Each agency component of state government shall provide the state librarian with access to all state government electronic information services falling within the scope of this section.

III. The state library shall provide cataloging and locator services that shall assist program libraries and the general public in accessing all government information products, regardless of form or format.

IV. All government information products which are required by law to be deposited with the state library shall be deposited without any cost or charge to the state library.

202-B:5 Distribution Not Required. The state librarian shall not distribute copies of:

202-B:6 Duties of Program Libraries. Program libraries shall make government information products received or accessed through the program available for the free use of the general public. They shall organize the tangible information products in an acceptable fashion.

202-B:7 Preservation. The state librarian shall coordinate with each component of state government, the program libraries, and the state archivist to establish a system whereby state government information products available via state government electronic information services shall be maintained permanently for program library and general public access.

I. The state librarian shall, in cooperation with all branches and agencies of state government, develop and publish annually a plan to increase the quality and quantity of state government information available in electronic format incrementally beginning with information that is most used and readily available. A copy of the plan shall be delivered to the governor, president of the senate, speaker of the house, and the chief justice.

II. All components of state government within the executive branch shall cooperate with the state librarian providing public information, access to public information and assistance as may be requested for achieving the purposes of this chapter. All other components of state government may cooperate with the state librarian in providing public information, access to public information and assistance as may be requested.