HB 111-FN - AS INTRODUCED SESSION 25-0070 11/08 HOUSE BILL 111-FN AN ACT extending the position of right-to-know ombudsman for 2 years.

SPONSORS:

Lynn, Rock.

17;

Rep.

17;17 January 30, 2025 2025-0170h 05/09 Amendment to HB 111-FN Amend the title of the bill by replacing it with the following:

Rep.3 AN ACT extending the position of right-to-know ombudsman for 2 years and exempting individuals who assist in the preparation of a right-to-know complaint at no charge from the unauthorized practice of law.

Maggiore,7 Rock.Amend the bill by inserting after section 1 the following and renumbering the original section 2 to read as 4:

23;2 New Paragraph;

Rep.Complaint Process;

M.Assistance.

Smith,Amend Straf.RSA 91-A:7-b by inserting after paragraph I the following new paragraph:

10;I-a.

Sen.A person who, for no compensation of any kind, assists a petitioner with the preparation of a complaint shall not be acting in violation of RSA 311:7, and shall not be subject to a petition for injunctive relief pursuant to RSA 311:7-a or an investigation pursuant to RSA 311:7-b.

Carson,3 DistOmbudsman; 14 COMMITTEE:

JudiciaryFee ─────────────────────────────────────────────────────────────────Awards. ANALYSIS This bill extends the office of the right-to-know ombudsman, complaint process, appeal and enforcement, and rulemaking for 2 years.

-Amend -RSA -91-A:7-b, -III(f) -to -read -as -follows: - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Explanation:

Matter(f) addedMake any finding and order any other remedy to currentthe lawsame appearsextent inas boldprovided italics.by the court under RSA 91-A:8, except that the ombudsman is prohibited from awarding or ordering reimbursement for attorney's fees.

MatterAmendment removedto fromHB current111-FN law- appearsPage [in2 brackets- and2025-0170h struckthrough.]AMENDED MatterANALYSIS whichThis isbill eitherextends (a)the alloffice newof orthe (b)right-to-know repealedombudsman, complaint process, appeal and reenactedenforcement, appearsand inrulemaking regularfor type.2 years, and exempts a person who assists a petitioner with a right-to-know complaint at no charge from the unauthorized practice of law.

HB 111-FN - AS INTRODUCED 25-0070 11/08 STATE OF NEW HAMPSHIRE In the Year of Our Lord Two Thousand Twenty Five AN ACT extending the position of right-to-know ombudsman for 2 years.

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

1 Office of Right-To-Know Ombudsman;

Duration.

Amend 2022, 250:7, II-III to read as follows:

II.

Sections 5 and 6 of this act shall take effect July 1, [2025] 2027.

III.

The remainder of this act shall take effect July 1, 2022.

2 Effective Date.

This act shall take effect June 30, 2025.

LBA 25-0070 11/8/24 HB 111-FN- FISCAL NOTE AS INTRODUCED AN ACT extending the position of right-to-know ombudsman for 2 years.

FISCAL IMPACT:

Estimated State Impact FY 2025 FY 2026 FY 2027 FY 2028 Revenue $0 Indeterminable Indeterminable $0 Revenue Fund(s) General Fund, Judicial Branch Facility Improvement Fund (RSA 490:26-c) and Technology Fund (RSA 490:26-h) Expenditures* $0 $170,706 $175,948 $0 Funding Source(s) General Fund Appropriations* $0 $0 $0 $0 Funding Source(s) None *Expenditure = Cost of bill *Appropriation = Authorized funding to cover cost of bill METHODOLOGY:

This bill extends the repeal date of the Right-to-Know Office of the Ombudsman, including its complaint process, appeals, enforcement, and rulemaking, from July 1, 2025, to July 1, 2027, granting it an additional two years.

The estimated costs for FY 2026 and FY 2027 are $170,706 and $175,948, respectively.

There will be no additional costs in FY 2025, as it is already covered by the current budget, and no costs in FY 2028, as the office would be repealed by then.

By extending the Right-to-Know Office of the Ombudsman, there could be an indeterminable revenue loss to the Superior Court.

This is because the filing fee for a Superior Court complaint, which could be filed with the Right-to-Know Office of the Ombudsman for no fee, is $280, with 30% going to the Judicial Branch Information Technology Fund and 6% to the Judicial Branch Facility Improvements Fund.

For each complaint filed with the Office of the Ombudsman that would otherwise be filed with the Superior Court, no filing fee would be charged, resulting in a revenue loss to the court system.

Additionally, under the bill, a $25 filing fee would apply for complaints filed with the Ombudsman’s Office, but there would be no fee or surcharge if a citizen appeals the Ombudsman’s decision to the Superior Court.