Current through the 2024 Legislative Session
Section 91-C:2 - ExemptionsThis section shall not preclude:
I. Any report or disclosure required by the following laws or successor provisions thereto: (a)RSA 14-C relative to gifts for legislators and legislative employees;(b) RSA 15 relative to lobbyists;(c)RSA 15-A relative to financial disclosures; and(d) RSA 664 relative to political expenditures and contributions.II. A public body or agency from releasing a person's status as a member, volunteer, or donor of any entity exempt from federal income tax under section 501(c) of the Internal Revenue Code that was voluntarily released by the person or voluntarily released by the entity to the attorney general or to the public.III. Any lawful warrant for any list, record, register, registry, roll, roster, or other compilation of data of any kind that directly or indirectly identifies a person as a member, supporter, volunteer, or donor of financial or nonfinancial support, to any entity exempt from federal income tax under section 501(c) of the Internal Revenue Code issued by a court of competent jurisdiction.IV. A lawful request for discovery of any list, record, register, registry, roll, roster, or other compilation of data of any kind that directly or indirectly identifies a person as a member, supporter, volunteer, or donor of financial or nonfinancial support, to any entity exempt from federal income tax under section 501(c) of the Internal Revenue Code in litigation if both of the following conditions are met:(a) The requestor demonstrates a compelling need for any list, record, register, registry, roll, roster, or other compilation of data of any kind that directly or indirectly identifies a person as a member, supporter, volunteer, or donor of financial or nonfinancial support, to any entity exempt from federal income tax under section 501(c) of the Internal Revenue Code by clear and convincing evidence; and(b) The requestor obtains a protective order barring disclosure of any list, record, register, registry, roll, roster, or other compilation of data of any kind that directly or indirectly identifies a person as a member, supporter, volunteer, or donor of financial or nonfinancial support, to any entity exempt from federal income tax under section 501(c) of the Internal Revenue Code to any person not named in the litigation.V. Admission of any list, record, register, registry, roll, roster, or other compilation of data of any kind that directly or indirectly identifies a person as a member, supporter, volunteer, or donor of any entity exempt from federal income tax under section 501(c) of the Internal Revenue Code as relevant evidence before a court of competent jurisdiction. Any filing in court that is subject to this section shall be filed under seal by the offering party. Any party who intends to display or produce any record that is subject to this section in a courtroom during a hearing or trial shall notify the court to allow for the courtroom to be cleared prior to discussion or display of the record. No court shall publicly reveal such information that has been filed in accordance with this paragraph absent a specific finding of good cause.VI. A public body or state agency with oversight function over public funds or a government grant program from requesting documentation sufficient to ensure public funds are expended in accordance with state or federal contract monitoring and audit requirements, given that the information accessed is limited to information related to public funds or government grant program funds.Added by 2022 , 336: 1, eff. 1/1/2023.