Committee considers bill to let public-body members with disabilities count remote attendance; committee votes ITL

Senate Judiciary Committee members heard testimony on SB 259, a proposal to allow members of public bodies who cannot attend in person because they or a household member have a disability recognized under the Americans with Disabilities Act to be counted as present for quorum.

Sponsor Sen. Denise Ricciardi, Republican of District 9, told the committee the bill would create “an exception to physical attendance and quorum requirements” in New Hampshire’s right-to-know law, RSA 91-A, and that language modeled on an existing provision for the Department of Developmental Services’ Quality Council has been used successfully.

Ricciardi said the bill is intended to remove barriers to public service: “The ability to contribute to an in‑person quorum should not be a factor in candidacy or committee assignment for this population,” she said during her opening remarks.

Advocates and disabled residents offered testimony in support. Kristen Evans, director of policy for ABLE New Hampshire, said current practice effectively excludes people who cannot attend physically: “Public meetings are where the most important decisions are made… and yet we are actively locking out an entire population simply because they can't be physically present in the room,” Evans said. Karen Rosenberg, policy director at the Disability Rights Center, suggested technical wording changes to align the bill to ADA definitions and to limit inquiries into medical information.

Multiple witnesses described real-world cases where remote participation would allow experienced volunteers and officials to continue serving. Elizabeth Tetreault, a Monadnock Regional school board member, described mobility limits she now faces and said remote access would enable continued service. Lisa Stedman, who serves on a local school board and the Developmental Services Quality Council, said the council has implemented similar accommodations and that allowing remote attendance could help boards avoid vacancies.

Officials from state agencies and members of disability-led organizations supported the concept but urged precision in the bill’s language. Jenny O'Higgins, senior policy analyst at the New Hampshire Department of Health and Human Services, joined the hearing to assist with technical questions. Testimony from the New Hampshire State Police and others was not part of this item.

Committee members questioned how the proposed exception would interact with existing provisions that allow remote attendance for up to two‑thirds of a public body, and whether the bill would create incentives or administrative burdens for boards. Karen Rosenberg recommended incorporating ADA qualifying‑disability language to avoid intrusive medical inquiries.

Action: Committee members took an Inexpedient to Legislate (ITL) motion on SB 259. The committee recorded an ITL voice vote in committee; no roll‑call tally was provided in the hearing record. The committee also discussed potential amendments and the sponsors indicated willingness to work with stakeholders on language.

Background: The bill would amend RSA 91‑A (the Right‑to‑Know Law) to add an exception for counting members who are attending remotely for reasons related to disability. Supporters said similar language already operates for the Developmental Services Quality Council.