HB1455: relative to photography, audio recordings, and video recordings in public buildings and on public lands.

HB 1455-FN - AS INTRODUCED

2024 SESSION

24-2467

09/08

HOUSE BILL 1455-FN

AN ACT relative to photography, audio recordings, and video recordings in public buildings and on public lands.

SPONSORS: Rep. Gerhard, Merr. 25; Rep. Hynes, Hills. 2

COMMITTEE: Criminal Justice and Public Safety

ANALYSIS

This bill amends the prohibition on wiretapping and eavesdropping to except out any photographing, audio recording, or visual recording in any publicly accessible areas of any public buildings or on public lands in the state. This bill further adds a section that prohibits the prohibition of photography, audio recordings, or video recordings in public buildings or on public lands in the state, and provides a penalty for violations.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

24-2467

09/08

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Twenty Four

AN ACT relative to photography, audio recordings, and video recordings in public buildings and on public lands.

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

1 New Subparagraph; Public Justice; Wiretapping and Eavesdropping; Interception and Disclosure of Telecommunications or Oral Communications Prohibited; Exception. Amend RSA 570-A:2, II by inserting after subparagraph (m) the following new subparagraph:

(n) Any person to photograph, audio record, or video record in any publicly accessible area of any public building or on any public land wherein the state of New Hampshire maintains either exclusive or concurrent jurisdiction.

2 New Section; Access to Governmental Records and Proceedings; Right to Photograph, Audio Record, and Video Record. Amend RSA 91-A by inserting after section 15 the following new section:

91-A:16 Right to Photograph, Audio Record, and Video Record.

I. No person shall be prohibited from photographing, audio recording, or video recording in any publicly accessible area of any public building or on any public land wherein the state of New Hampshire maintains either exclusive or concurrent jurisdiction.

II. No person or entity shall create any rule, policy, or protocol that is contrary to the prohibition in paragraph I.

III. Any public servant who knowingly violates paragraph I of this section shall have committed a civil violation and be subject to a civil fine of not less than $2,000 nor more than $10,000.

IV. Any public servant who, having previously been found to have violated paragraph I of this section, knowingly violates paragraph I of this section a second time shall be guilty of a class A misdemeanor and shall be sentenced to a minimum of 30 days incarceration.

3 Effective Date.

I. Section 1 of this act shall take effect January 1, 2025.

II. The remainder of this act shall take effect 60 days after its passage.

LBA

24-2467

11/14/23

HB 1455-FN- FISCAL NOTE

AS INTRODUCED

AN ACT relative to photography, audio recordings, and video recordings in public buildings and on public lands.

FISCAL IMPACT: [ X ] State [ X ] County [ X ] Local [ ] None

Estimated State Impact - Increase / (Decrease)

FY 2024

FY 2025

FY 2026

FY 2027

Revenue

$0

$0

$0

$0

Revenue Fund

Expenditures

Indeterminable

Funding Source

General Fund

Appropriations

$0

$0

$0

$0

Funding Source

None

Estimated Political Subdivision Impact - Increase / (Decrease)

FY 2024

FY 2025

FY 2026

FY 2027

County Revenue

$0

$0

$0

$0

County Expenditures

Indeterminable

Local Revenue

$0

$0

$0

$0

Local Expenditures

Indeterminable

METHODOLOGY:

This bill adds, deletes, or modifies a criminal penalty, or changes statute to which there is a penalty for violation. Therefore, this bill may have an impact on the judicial and correctional systems, which could affect prosecution, incarceration, probation, and parole costs, for the state, as well as county and local governments. A summary of such costs can be found at: https://gencourt.state.nh.us/lba/Budget/FiscalNotes/JudicialCorrectionalCosts.pdf.

AGENCIES CONTACTED:

Judicial Branch, Judicial Council, Department of Justice, Department of Corrections, New Hampshire Association of Counties, and New Hampshire Municipal Association