CHAPTER 67
HB 302 - FINAL VERSION
2021 SESSION
21-0547
05/10
HOUSE BILL 302
AN ACT relative to the creation and use of electronic records by government agencies.
SPONSORS: Rep. L. Ober, Hills. 37
COMMITTEE: Executive Departments and Administration
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ANALYSIS
This bill clarifies the authority of the department of information technology, in cooperation with the secretary of state and the department of administrative services, to set standards for the creation, retention, and acceptance of electronic records by government agencies.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
21-0547
05/10
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty One
AN ACT relative to the creation and use of electronic records by government agencies.
Be it Enacted by the Senate and House of Representatives in General Court convened:
67:1 Creation, Retention, Acceptance and Distribution of Electronic Records by Government Agencies. Amend RSA 294-E:17 and RSA 294-E:18 to read as follows:
294-E:17 Creation and Retention of Electronic Records and Conversion of Written Records by Governmental Agencies. The secretary of state in cooperation with the department of information technology and the department of administrative services[, shall determine whether, and the extent to which,] may create standards by which a governmental agency [will] may create and retain electronic records and convert written records to electronic records.
294-E:18 Acceptance and Distribution of Electronic Records by Governmental Agencies.
I. Except as otherwise provided in RSA 294-E:12, VI, the department of information technology, in cooperation with the secretary of state and the department of administrative services[, shall determine whether, and the extent to which,] may develop standards by which a governmental agency [will] may send and accept electronic records and electronic signatures to and from other persons and otherwise create, generate, communicate, store, process, use, and rely upon electronic records and electronic signatures. Nothing in this chapter shall be construed to prevent municipalities from using electronic records or signatures.
II. To the extent that a governmental agency uses electronic records and electronic signatures under paragraph I, the department of information technology, in cooperation with the secretary of state and the department of administrative services, giving due consideration to security, may create standards to specify:
(a) The manner and format in which the electronic records [must] may be created, generated, sent, communicated, received, and stored and the systems established for those purposes;
(b) If electronic records must be signed by electronic means, the type of electronic signature [required], the manner and format in which the electronic signature [must] should be affixed to the electronic record, and the identity of, or criteria that [must] should be met by, any third party used by a person filing a document to facilitate the process;
(c) Control processes and procedures as appropriate to ensure adequate preservation, disposition, integrity, security, confidentiality, and auditability of electronic records; and
(d) Any other required attributes for electronic records which are specified for corresponding nonelectronic records or reasonably necessary under the circumstances.
III. Except as otherwise provided in RSA 294-E:12, VI, this chapter does not require a governmental agency of this state to use or permit the use of electronic records or electronic signatures.
67:2 Effective Date. This act shall take effect 60 days after its passage.
Approved: June 10, 2021
Effective Date: August 09, 2021
| Date | Body | Type |
|---|---|---|
| Feb. 8, 2021 | House | Hearing |
| House | Floor Vote | |
| March 17, 2021 | Senate | Hearing |
| March 31, 2021 | Senate | Hearing |
| March 31, 2021 | Senate | Hearing |
| May 6, 2021 | Senate | Floor Vote |
| Feb. 8, 2021 | House | Hearing |
| March 31, 2021 | Senate | Hearing |
| May 6, 2021 | Senate | Floor Vote |
June 14, 2021: Signed by Governor Sununu 06/10/2021; Chapter 67; Eff: 08/09/2021
June 10, 2021: Signed by Governor Sununu 06/10/2021; Chapter 67; Eff: 08/09/2021
June 3, 2021: Enrolled (in recess of) 06/03/2021 HJ 8 P. 128
June 3, 2021: Enrolled (in recess of) 06/03/2021 HJ 8 P. 128
May 27, 2021: Enrolled Adopted, VV, (In recess 05/27/2021); SJ 18
June 2, 2021: Enrolled Adopted, VV, (In recess 05/27/2021); SJ 18
May 6, 2021: Ought to Pass: RC 23Y-0N, MA; OT3rdg; 05/06/2021; SJ 14
May 6, 2021: Ought to Pass: RC 23Y-0N, MA; OT3rdg; 05/06/2021; SJ 14
April 28, 2021: Committee Report: Ought to Pass, 05/06/2021; SC 22
May 6, 2021: Committee Report: Ought to Pass, 05/06/2021; SC 22
March 31, 2021: Remote Hearing: 03/31/2021, 09:20 am; Links to join the hearing can be found in the Senate Calendar; SC 16
March 31, 2021: Remote Hearing: 03/31/2021, 09:10 am; Links to join the hearing can be found in the Senate Calendar; SC 16
March 17, 2021: Remote Hearing: 03/31/2021, 09:10 am; Links to join the hearing can be found in the Senate Calendar; SC 16
March 17, 2021: Remote Hearing: 03/17/2021, 09:45 am; Links to join the hearing can be found in the Senate Calendar; SC 15
March 4, 2021: Introduced 03/04/2021 and Referred to Executive Departments and Administration; SJ 7
March 4, 2021: Introduced 03/04/2021 and Referred to Executive Departments and Administration; SJ 7
Feb. 24, 2021: Ought to Pass: MA VV 02/24/2021 HJ 3 P. 8
Feb. 24, 2021: Ought to Pass: MA VV 02/24/2021 HJ 3 P. 8
: Committee Report: Ought to Pass (Vote 19-0; CC) HC 12 P. 6
Feb. 9, 2021: Committee Report: Ought to Pass (Vote 19-0; CC) HC 12 P. 6
Feb. 8, 2021: Public Hearing: 02/08/2021 10:30 am Members of the public may attend using the following link: To join the webinar: https://zoom.us/j/99308877767 / Executive session on pending legislation may be held throughout the day (time permitting) from the time the committee is initially convened.
Jan. 28, 2021: Public Hearing: 02/08/2021 10:30 am Members of the public may attend using the following link: To join the webinar: https://zoom.us/j/99308877767 / Executive session on pending legislation may be held throughout the day (time permitting) from the time the committee is initially convened.
Jan. 6, 2021: Introduced (in recess of) 01/06/2021 and referred to Executive Departments and Administration HJ 2 P. 42
Jan. 9, 2021: Introduced (in recess of) 01/06/2021 and referred to Executive Departments and Administration HJ 2 P. 42