Bill > HB1746

This bill amends the Right-to-Know law to require that any investigation funded wholly or partially by public money must be subject to public disclosure, with some important limitations. Specifically, public bodies can only redact portions of investigation records that are strictly necessary to comply with existing privacy protection laws like FERPA (Family Educational Rights and Privacy Act) and HIPAA (Health Insurance Portability and Accountability Act). The bill emphasizes that redactions must be narrowly tailored, meaning only the specific information legally required to be withheld can be removed. Importantly, the bill mandates that overall findings, conclusions, recommendations, and factual summaries cannot be entirely withheld just because some parts might need redaction. The bill also explicitly states that public officials and employees have no right to personal privacy protections when being investigated in their official capacities. The underlying rationale, as stated in the bill's findings, is that taxpayer-funded investigations fundamentally belong to the public, and excessive secrecy undermines governmental accountability and public trust. The bill will take effect 60 days after its passage, and while it does not provide additional funding, it is expected to create some administrative costs for government agencies in implementing the new disclosure requirements.

Justice

https://gc.nh.gov/bill_Status/billinfo.aspx?id=2228&inflect=2