CHAPTER 275
HB 582 – FINAL VERSION
01/18/06 0265s
24May2006… 2262cofc
2006 SESSION
05/10
HOUSE BILL 582
AN ACT relative to management of electronic records by the department of state, and relative to departmental salaries.
COMMITTEE: Executive Departments and Administration
This bill:
I. Provides that the state record management program is intended, in part, to promote integrity in the day-to-day record-keeping activities of state and local government.
II. Amends the definition of record to include video recordings and electronic records, and defines electronic record.
III. Clarifies a reference to state records.
IV. Removes a reference to the adoption of rules by the municipal records board relative to storage of local records.
V. Establishes parameters under which the state archivist shall assist the legislative and judicial branches in establishing records management programs.
VI. Removes the requirement that the state archivist adopt rules under RSA 541-A.
VII. Permits the secretary of state to increase the salary of an unclassified supervisor whose maximum salary is less than that of a subordinate, classified employee.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
01/18/06 0265s
24May2006… 2262cofc
05-0880
05/10
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Six
AN ACT relative to management of electronic records by the department of state, and relative to departmental salaries.
Be it Enacted by the Senate and House of Representatives in General Court convened:
275:1 Records Management and Archives; Declaration of Policy. Amend RSA 5:25 to read as follows:
5:25 Declaration of Policy. The legislature declares that a program for the efficient and economical management of state and local records will promote economy, [and] efficiency, and integrity in the day-to-day record-keeping activities of the state government and will facilitate and expedite government operations. The legislature further declares that the interests of the state and of posterity require the establishment of archives in which may be preserved records, papers, and documents having permanent and historical value.
275:2 Archives and Record Management; Definition of Record. Amend RSA 5:29, V-VII to read as follows:
V. “Record” means document, book, paper, manuscript, drawing, photograph, map, sound recording, video recording, electronic record, microform, or other material, regardless of physical form or characteristics, made or received pursuant to law or in connection with the transaction of official business. Library and museum material made or acquired and preserved solely for library use or exhibition purposes, extra copies of documents preserved only for convenience or reference, and stocks of publications and of processed documents are “nonrecord materials” and are not included within this definition of records.
VI. “Electronic record” means information that is created or retained in a digital format.
VII. “Records center’’ means the depository of records and archives.
[VII.] VIII. “State record’’ means:
(a) A record of a department, office, commission, board, or other agency, however designated, of the state government;
(b) A record of the state legislature;
(c) A record of any court of record, whether of statewide or local jurisdiction; or
(d) Any other record designated or treated as a state record under state law.
275:3 Duties of Director; Reference to State Records. Amend RSA 5:30, I to read as follows:
I. Establish standards, procedures, and techniques for effective management of state records.
275:4 Archives and Records Management; Local Records. Amend RSA 5:35 and 5:36 to read as follow:
5:35 Local Records. The director shall accept for [permanent] storage in the state archives such local records as the municipal records board established under RSA 33-A:4-a may require. [Any material so stored may be withdrawn pursuant to rules adopted by the municipal records board.]
5:36 Assistance to Legislative and Judicial Branches. [Upon request] Under the same provisions specified in RSA 5:33, the director shall assist and advise in the establishment of records management programs in the legislative and judicial branches of state government and shall, as required by them, provide program services similar to those available to the executive branch of state government pursuant to the provisions of this subdivision.
275:5 Archives and Records Management; Procedures Manual. Amend RSA 5:40 to read as follows:
5:40 [Rules] Procedures Manual. The director, under the supervision of the secretary of state, shall establish a manual of uniform [rules] procedures necessary and proper to effectuate the purpose of this subdivision. Such [rules] procedures and any subsequent revisions, when approved by the governor and council, shall be binding upon all officers and employees of the state. [Any rules adopted pursuant to this section shall be adopted in accordance with RSA 541-A.]
275:6 Municipal Records; Reference to Electronic Records. Amend RSA 33-A:5-a to read as follows:
33-A:5-a Electronic Records. [Records created in electronic format] Electronic records as defined in RSA 5:29, VI and designated on the disposition schedule under RSA 33-A:3-a to be retained for more than 10 years shall be transferred to paper, microfilm, or both. [Electronically-created] Electronic records designated on the disposition schedule to be retained for less than 10 years may be retained solely electronically if so approved by the record committee of the municipality responsible for the records. The municipality is responsible for assuring the accessibility of the records for the mandated period.
275:7 Department of State; Salaries of Clerks and Assistants. Amend RSA 5:3 to read as follows:
5:3 Clerks and Assistants. Subject to the state personnel regulations, and within the limits of available appropriations and funds, the secretary of state may employ a chief clerk and such other clerks and assistants as may be necessary. If a subordinate classified employee’s salary exceeds the maximum salary for an unclassified supervisor, the secretary of state is authorized to increase the unclassified supervisor’s salary in the amount provided in RSA 94:1-a, III.
275:8 Effective Date. This act shall take effect upon its passage.
Approved: June 15, 2006
Effective: June 15, 2006