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, a governmental agency will 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, a governmental agency will 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.

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 specify:

(a) The manner and format in which the electronic records must 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 be affixed to the electronic record, and the identity of, or criteria that must 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

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 may create standards by which a governmental agency 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 may develop standards by which a governmental agency 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 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 , the manner and format in which the electronic signature should be affixed to the electronic record, and the identity of, or criteria that 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