New Hampshire HB 1746: subjecting taxpayer funded investigations to the right-to-know law.

Bill Text

HB 1746-FN - AS INTRODUCED

2026 SESSION

 26-3016

 08/09

HOUSE BILL 1746-FN

AN ACT subjecting taxpayer funded investigations to the right-to-know law. 

SPONSORS: Rep. Sabourin dit Choiniere, Rock. 30; Rep. Ammon, Hills. 42; Rep. Bailey, Straf. 2; Rep. Corcoran, Hills. 28; Rep. Granger, Straf. 2; Rep. Tim Mannion, Hills. 1; Rep. Tom Mannion, Hills. 1; Rep. Spillane, Rock. 2

COMMITTEE: Judiciary

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ANALYSIS

 This bill requires certain information from investigations funded using public money to be subject to the right-to-know-law.

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 Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

 26-3016

 08/09

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Twenty-Six

AN ACT subjecting taxpayer funded investigations to the right-to-know law. 

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

 1 Statement of Purpose and Findings. The general court finds that: 

 I. Investigations conducted or commissioned by public bodies are funded by taxpayers and therefore belong to the public. 

 II. Secrecy in publicly funded investigations undermines accountability and public trust. 

 III. Narrow redactions are sufficient to protect genuine privacy interests while ensuring public access to investigative findings. 

 2 Minutes and Records Available for Public Inspection. New Paragraph; Minutes and Records Available for Public Inspection. Amend RSA 91-A:4 by inserting after paragraph IX the following new paragraph: 

 X. Notwithstanding RSA 91-A:5, any record, report, or other material generated in the course of an investigation funded in whole or in part with public funds shall be subject to disclosure under this chapter, provided that: 

 (a) The public body or agency may redact only those portions necessary to comply with federal or state law protecting personal privacy, including but not limited to the Family Educational Rights and Privacy Act (FERPA), the Health Insurance Portability and Accountability Act (HIPAA), or other applicable statutory privileges. 

 (b) Such redactions shall be narrowly tailored to remove only information strictly required by law to be withheld. 

 (c) Findings, conclusions, recommendations, and factual summaries shall not be withheld in their entirety on the basis of privacy exemptions. 

 (d) Public officials and employees acting in their official capacities shall have no right of personal privacy in such investigations. 

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

 LBA

 26-3016

 12/15/25

HB 1746-FN- FISCAL NOTE

AS INTRODUCED

AN ACT subjecting taxpayer funded investigations to the right-to-know law. 

FISCAL IMPACT: This bill does not provide funding.

 Estimated State Impact

FY 2026

FY 2027

FY 2028

FY 2029

 Revenue

$0

$0

$0

$0

 Revenue Fund(s)

None

 Expenditures*

$0

Indeterminable Increase $130,000 to $500,000

Indeterminable Increase $130,000 to $500,000

Indeterminable Increase $130,000 to $500,000

 Funding Source(s)

General Fund and Highway Fund

 Appropriations*

$0

$0

$0

$0

 Funding Source(s)

None

 *Expenditure = Cost of bill *Appropriation = Authorized funding to cover cost of bill

 Estimated Political Subdivision Impact

FY 2026

FY 2027

FY 2028

FY 2029

 County Revenue

$0

$0

$0

$0

 County Expenditures

$0

Indeterminable Increase

Indeterminable Increase

Indeterminable Increase

 Local Revenue

$0

$0

$0

$0

 Local Expenditures

$0

Indeterminable Increase 

($10k to $100k per municipality)

Indeterminable Increase 

($10k to $100k per municipality)

Indeterminable Increase 

($10k to $100k per municipality)

METHODOLOGY:

This bill amends RSA 91-A to require that any record, report, or other material generated during an investigation funded in whole or in part with public money be subject to disclosure under the right-to-know law, with only narrowly tailored redactions permitted. The bill applies to public bodies and agencies and alters which investigative materials must be made available for inspection under RSA 91-A:4. 

The Office of State and Public Sector Labor Relations states this bill expands the categories of investigative records that must be disclosed under the right-to-know law. The Office, which includes the Office of the Right-to-Know Ombudsman, is involved in governmental records requests. The Office explains that its access to general governmental records request data is limited to the 91 complaints filed with the Ombudsman. The Office states the fiscal impact is unable to be quantified as the volume of requests resulting from this legislation is unknown.

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