SB344: (New Title) relative to the electronic participation requirements of meetings open to the public under the right to know law.

SB 344 - AS AMENDED BY THE SENATE

03/31/2022 1301s

2022 SESSION

22-3101

07/10

SENATE BILL 344

AN ACT relative to the electronic participation requirements of meetings open to the public under the right to know law.

SPONSORS: Sen. Daniels, Dist 11; Sen. Hennessey, Dist 1; Sen. Cavanaugh, Dist 16; Sen. Perkins Kwoka, Dist 21; Rep. Long, Hills. 10; Rep. Eaton, Ches. 3; Rep. Egan, Graf. 2

COMMITTEE: Judiciary

AMENDED ANALYSIS

This bill establishes requirements for electronic participation in meetings of a public body under RSA 91-A.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

03/31/2022 1301s 22-3101

07/10

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Twenty Two

AN ACT relative to the electronic participation requirements of meetings open to the public under the right to know law.

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

1 New Paragraph; Access to Governmental Records and Meetings; Electronic Participation. Amend RSA 91-A:2 by inserting after paragraph III the following new paragraph:

IV. The legislative body of a political subdivision may vote to authorize members of public bodies in the political subdivision to participate in meetings via electronic means where less than a quorum is physically present. The authority granted under this paragraph shall not restrict the ability of a public body to allow remote participation with less than a quorum physically present in an emergency under RSA 91-A:2, III. The authority granted under this paragraph shall be exercised for the benefit of the public body members and the public and be subject to the provisions of this paragraph. Nothing in this paragraph shall apply to the general court.

(a) A member of the public body may participate in a meeting other than by attendance in person at the location of the meeting only when such attendance is not reasonably practical. Any reason that such attendance is not reasonably practical shall be stated in the minutes of the meeting.

(b) Each part of a meeting required to be open to the public shall be audible or otherwise discernable to the public at the physical and electronic location specified in the meeting notice. At least one quarter of the total membership of the public body shall be present at the physical location of the meeting. Each member participating electronically or otherwise must be able to simultaneously hear each other and speak to each other during the meeting, and members participating via electronic means shall have their video on and displaying the member's face. All members shall be audible or otherwise discernable to the public in attendance at the meeting's location. Any member participating electronically shall identify the persons present in the location from which the member is participating. No meeting shall be conducted by electronic mail or any other form of communication that does not permit the public to hear, read, or otherwise discern meeting discussion contemporaneously at the meeting location specified in the meeting notice.

(c) Public access to the meeting by electronic means shall be provided. The notice of the meeting shall, in addition to identifying the physical location of the meeting, provide the information necessary for electronic access, and shall provide a mechanism for the public to alert to the public body during the meeting if there are problems with electronic access and it has been determined that the problem exists with the host. If the public body is notified during the meeting that the public is unable to gain electronic access, the meeting shall be adjourned until the public is able to access the meeting. Meetings under this paragraph shall not circumvent the spirit and purpose of this chapter as expressed in RSA 91-A:1.

(d) A member participating in a meeting by the means described in this paragraph is deemed to be present at the meeting for purposes of voting. All votes taken during such a meeting shall be by roll call vote.

2 Effective Date. This act shall take effect 60 days after its passage.