New Hampshire Senate Bill SB301

New Hampshire 2022 Regular Session

• Introduced: 12/14/21
• Refer: 12/14/21
• Report Pass: 2/10/22
• Engrossed: 3/23/22
• Refer: 3/23/22
• Report Pass: 4/22/22

Caption

Establishing the office of the right to know ombudsman and making an appropriation therefor.

Impact

The enactment of SB301 will have implications for how requests for government information are managed and may lead to a more transparent government. By increasing the requirements for governmental bodies to justify their refusals to produce records, the bill is expected to facilitate a more effective judicial review process, which could empower citizens to hold their government accountable. Agencies will need to ensure they have robust procedures for record management and compliance with requests, which might necessitate changes in their internal practices and training.

Summary

Senate Bill 301 aims to streamline and clarify the procedures for filing complaints regarding government record requests under the right to know law (RSA 91-A). The bill establishes new guidelines that mandate a clearer articulation of complaints filed in the Superior Court regarding denials of access to public records. If a complaint meets the criteria laid out in the bill, the court will require the defendant (typically a government entity) to demonstrate that they fulfilled their obligations in handling the records request. This represents a significant shift towards enhanced accountability for public agencies when they deny access to requested records.

Contention

While proponents of SB301 argue that it addresses gaps in transparency and aligns with democratic principles of access to information, critics may express concerns over potential issues related to workload increases for the court systems and administrative burdens on local governments. These debates highlight the tension between the necessity of public records access and the operational capacities of governmental bodies, as they strive to balance efficiency with transparency.