Law

RSA 5 Department of State

New Hampshire · 5 · statute

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Contents: 67 provisions
  1. 5:1 Department; Secretary; Election and Bond; Transition.
  2. 5:2 Salary of Secretary.
  3. 5:2-a Senior Deputy Secretary of State.
  4. 5:3 Clerks and Assistants.
  5. 5:4 Preservation of Papers.
  6. 5:4-a Display of Historical Documents.
  7. 5:5 Seal; Certification.
  8. 5:5-a Repealed by 1959, 217:2, eff. Aug. 16, 1959.
  9. 5:5-b Copies of State Constitution to be Furnished.
  10. 5:6 Election Items.
  11. 5:6-a Election Procedure Manual.
  12. 5:6-b Assistance; Benefits.
  13. 5:6-c Printing.
  14. 5:6-d Election Fund.
  15. 5:7 to 5:9 Repealed by 1971, 353:1, eff. Aug. 24, 1971.
  16. 5:10 Office Fees.
  17. 5:10-a Handling Charge.
  18. 5:10-b Notary Fee Account.
  19. 5:11 Repealed by 1994, 381:2, eff. June 9, 1994.
  20. 5:12 Repealed by 1995, 201:5, eff. Aug. 11, 1995.
  21. 5:13 Commissions and Boards Functioning Within Department.
  22. 5:13-a Repealed by 2023, 235:28, I, eff. July 15, 2023.
  23. 5:13-b Repealed by 2011, 224:108, eff. July 1, 2011.
  24. 5:14 Licensing Board or Commission Regulations to be Available.
  25. 5:15 Uniform Records for Licensing Boards and Commissions.
  26. 5:15-a Trade Agreement With Canada.
  27. 5:15-b Materials for Businesses Relative to Service Animals.
  28. 5:15-c Appointment of Agent for Service of Process by Voluntary Corporations and Nonfiling Entities.
  29. 5:16 Oath; Bond; Removal.
  30. 5:17 Duties.
  31. 5:18 Salary.
  32. 5:18-a Requirements.
  33. 5:19 Preservation.
  34. 5:20 Copies.
  35. 5:21 Fee.
  36. 5:22 Facsimile Signature.
  37. 5:23 Assistant Secretary of State; Office Supervisor.
  38. 5:24 Duties.
  39. 5:25 Declaration of Policy.
  40. 5:26 Short Title.
  41. 5:27 Division Established.
  42. 5:28 Appointment of Director.
  43. 5:29 Definitions.
  44. 5:30 Duties of Director.
  45. 5:31 Records Center; Rules.
  46. 5:32 Building and Facilities.
  47. 5:33 Agency Heads.
  48. 5:34 Construction of Subdivision.
  49. 5:35 Local Records.
  50. 5:35-a Congressional Records.
  51. 5:35-b Records of the Governor.
  52. 5:36 Assistance to Legislative and Judicial Branches.
  53. 5:37 Records Not to be Damaged or Destroyed.
  54. 5:38 Disposal of Records.
  55. 5:39 Transfer of State Records.
  56. 5:40 Procedures Manual.
  57. 5:41 Records From Rockingham County Registry of Deeds.
  58. 5:42 State Historical Records Advisory Board Established.
  59. 5:43 Qualifications.
  60. 5:44 Compensation.
  61. 5:45 Duties.
  62. 5:46 Cooperation With Other Bodies.
  63. 5:47 Definitions.
  64. 5:48 Repealed by 2017, 195:11, II, eff. Sept. 3, 2017.
  65. 5:49 Duties of Local Government Records Manager; Position Established.
  66. 5:50 Repealed by 2022, 323:1, I, eff. Sept. 6, 2022.
  67. 5:51 Repealed by 2017, 195:11, IV, eff. Sept. 3, 2017.

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67 provisions

5:27 Division Established.

There shall be a division of archives and records management in the department of state, under the executive direction of the state archivist. Source. 1987, 353:1. 2003, 97:2, eff. Aug. 5, 2003.

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5:28 Appointment of Director.

The secretary of state, with the approval of governor and council, shall appoint the director of the division of archives and records management, who shall be known as the state archivist and who shall be an unclassified state employee. The director shall have a minimum of a master's degree in library science, history, or equivalent or 10 years prior experience as an archivist or experience in a related field. The term of office for the state archivist shall be for 4 years. Any vacancy shall be filled for the unexpired term. The salary of the state archivist shall be as specified in RSA 94:1-a. Source. 1987, 353:1. 1989, 65:1. 2003, 97:2, eff. Aug. 5, 2003. 2019, 346:181, eff. July 1, 2019.

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5:29 Definitions.

In this subdivision: I. "Agency" means any department, office, commission, board, or other unit, however designated, or the executive branch of state government. II. "Archives" means records having permanent or historical value. III. "Director" means the director of the division of archives and records management of the department of state. IV. "Local record" means a record of any county, city, town, district, or authority or of any public corporation or political entity whether organized and existing under charter or under general law, unless the record is designated or treated as a state record under state law. 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. 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. Source. 1987, 353:1. 2003, 97:4. 2006, 275:2, eff. June 15, 2006.

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5:30 Duties of Director.

The director shall, with due regard for the functions of the agencies concerned, and subject to the approval of the secretary of state: I. Establish standards, procedures, and techniques for effective management of state records. II. Make continuing surveys of paperwork operations and recommend improvements in current records management practices including the use of space, equipment, and supplies employed in creating, maintaining, storing, and servicing records. III. Establish standards for the preparation of schedules providing for the retention of state records of continuing value and for the prompt and orderly disposal of state records no longer possessing sufficient administrative, legal, or fiscal value to warrant their further keeping. IV. Establish standards and formulate procedures for the transfer of records having permanent and historical value to the archives. V. Require such reports from agencies as are required for the administration of the program. VI. Provide guidance to municipal officials in the arrangement, description, conservation, preservation, and accessibility of municipal archives. VII. Collect, arrange, transcribe, and cause to be printed such portions of the early state and provincial records as he may deem expedient in such style, form, and printed quality as he may determine. VIII. Provide for the deposit at the records center of photo reproductions of unrecorded documents pertaining to the affairs of public importance of any town or division of the state prior to 1975 which are accompanied by an affidavit recording the source of the document. IX. Require town officials having custody of town or parish records, plans, documents, or public papers from prior to the year 1910, to deposit the same at the archives for the purpose of being copied and indexed as specified in RSA 41:64. X. Maintain a descriptive inventory and photographic reproduction collection of all portraits and artifacts that belong to the state. XI. Maintain, publish, and edit documents which encourage the study of the history of New Hampshire and its constitution through its documented and artifactual heritage. XII. Establish and maintain a central microfilming laboratory and establish micrographic standards for public records. XIII. Determine which records deposited at the records center shall be microfilmed. XIV. Determine the original records to be destroyed upon review and approval of the microfilm of such records. XV. Receive and collect gifts of records or objects of historical value and donations for the maintenance of these items on behalf of the state and the department of state, division of archives and records management. The director shall provide a report to the governor and council of all items and donations received under this authority annually in the month of August. XVI. There is established in the office of the division of archives and records management a fund to be known as the historical records preservation account. The fund shall consist of such moneys as may be donated for the maintenance of historical records and/or objects. Revenue collected under this paragraph shall be restricted revenue to the division of archives and records management and shall be nonlapsing and continually appropriated to the division. Source. 1987, 353:1. 1989, 65:2. 2006, 275:3, eff. June 15, 2006. 2024, 25:1, eff. July 1, 2024.

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5:31 Records Center; Rules.

The director, subject to the supervision of the secretary of state, shall have charge of the records center. He shall, subject to the provisions of RSA 5:40, adopt rules governing: I. The organization of the records center. II. Transfer of records to the records center. III. The inventory of materials in the records center. IV. The means of access and reference to records and archives at the records center. Source. 1987, 353:1, eff. July 24, 1987.

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5:32 Building and Facilities.

The state records and archives shall control all space in the state records and archives center. The department of administrative services, division of plant and property shall maintain the state records and archives center in suitable repair and condition for use by the division of archives and records management. Source. 1987, 353:1. 2003, 97:4, eff. Aug. 5, 2003. 2014, 327:38, eff. Aug. 2, 2014.

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5:33 Agency Heads.

The head of each agency shall: I. Establish and maintain an active, continuing program for the economical and efficient management of the records of the agency, consistent with the rules adopted by the director and under the director's supervision. II. Make and maintain records containing adequate and proper documentation of the organization, functions, policies, decisions, procedures, and essential transactions of the agency designed to furnish information to protect the legal and financial rights of the state and of persons directly affected by the agency's activities. III. Submit to the director, in accordance with the standards established by him in rules adopted under RSA 5:40, schedules proposing the length of time each state record series warrants retention for administrative, legal, or fiscal purposes after it has been received by the agency. The head of each agency shall submit lists of state records in his custody that are of permanent and historical value to the state. He shall likewise submit lists of state records in his custody that are not needed in the transaction of current business and that do not have sufficient administrative, legal, or fiscal value to warrant their further keeping. IV. Cooperate with the director in the conduct of surveys made by him pursuant to the provisions of this subdivision. V. Comply with the rules and procedures adopted by the director. Source. 1987, 353:1, eff. July 24, 1987.

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5:34 Construction of Subdivision.

Nothing in this subdivision shall be construed to divest agency heads of the authority to determine the nature and form of the records required in the administration of their several departments, or to compel the removal of records deemed necessary by them in the performance of their statutory duties. Any records made confidential by law shall be so treated in the records center. Source. 1987, 353:1, eff. July 24, 1987.

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5:35 Local Records.

The director shall accept for storage in the state archives such local records as the municipal records board established under RSA 33-A:4-a may require. Source. 1987, 353:1. 2006, 275:4, eff. June 15, 2006.

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5:35-a Congressional Records.

The director shall accept for preservation and storage any papers or records donated to the state by a member of the New Hampshire congressional delegation from their service in the United States Senate or House of Representatives. Such records shall be placed in a New Hampshire depository selected by the congressman or senator, with the approval of the director, and shall be preserved and disclosed under such terms and conditions as the congressman or senator and the director deem appropriate. Source. 2010, 365:1, eff. Sept. 21, 2010.

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5:35-b Records of the Governor.

Within one year of leaving office, the governor, in consultation with the director, shall donate a selection of official papers and records to the state. Such records shall be placed in a New Hampshire depository selected by the governor, with the approval of the director, and shall be preserved and disclosed under such terms and conditions as the governor and director deem appropriate. Source. 2010, 365:1, eff. Sept. 21, 2010.

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5:36 Assistance to Legislative and Judicial Branches.

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. Source. 1987, 353:1. 2006, 275:4, eff. June 15, 2006.

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5:37 Records Not to be Damaged or Destroyed.

All records made or received by or under the authority of or coming into the custody, control, or possession of public officials of this state in the course of their public duties are the property of the state and shall not be mutilated, destroyed, transferred, removed, or otherwise damaged or disposed of, in whole or in part, except as provided by law. Source. 1987, 353:1, eff. July 24, 1987.

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5:38 Disposal of Records.

Unless otherwise provided by law with respect to particular departments or particular records, records not having a permanent or historical value may be destroyed at the end of 4 years from their making, provided that the rules of the director, as adopted under RSA 5:40, may provide that designated records may be destroyed at an earlier period or require their retention for a longer period. Source. 1987, 353:1. 1996, 239:1, eff. Aug. 9, 1996.

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5:39 Transfer of State Records.

Subject to the limitations of the constitution, the secretary of state may transfer any of his records to the records center and he may transfer reports of state agencies to the state library. Source. 1987, 353:1, eff. July 24, 1987.

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5:40 Procedures Manual.

The director, under the supervision of the secretary of state, shall establish a manual of uniform procedures necessary and proper to effectuate the purpose of this subdivision. Such procedures and any subsequent revisions, when approved by the governor and council, shall be binding upon all officers and employees of the state. Source. 1987, 353:1. 2006, 275:5, eff. June 15, 2006.

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5:41 Records From Rockingham County Registry of Deeds.

All records of the Rockingham county registry of deeds recorded as Rockingham county registry of deeds volumes 101-239, inclusive, which do, in fact, contain records of transfers of land now located in other counties of the state, shall be removed by the division of archives and records management from the county building in Exeter to the records and archives center, at a time mutually agreed upon by the director and the Rockingham county register of deeds. The purpose of this section is to remove from the Rockingham county registry of deeds all records concerning real property now located in counties other than Rockingham county. Source. 1987, 353:1. 2003, 97:4, eff. Aug. 5, 2003.

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5:42 State Historical Records Advisory Board Established.

There is hereby established the state historical records advisory board composed of the state archivist who shall be chairman of the state historical records advisory board and at least 7 members to be appointed by the governor and council. The term of office for each of said appointed members shall be for 3 years. Each member shall hold office until his successor is appointed and qualified. In case of a vacancy other than by expiration of the term, the appointment shall be for the balance of the unexpired term. Source. 1987, 353:1, eff. July 24, 1987.

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5:43 Qualifications.

A majority of the appointed members of the board shall be persons of recognized professional qualifications and experienced in the administration of historical records or in a field of research which makes extensive use of such records. The composition of the board shall be as broadly representative as possible of the public and private archival and research institutions and organizations of the state. Source. 1987, 353:1, eff. July 24, 1987.

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5:44 Compensation.

The members of the state historical records advisory board shall serve without compensation, but shall be reimbursed their reasonable expenses incurred in the performance of their duties under this subdivision. Source. 1987, 353:1, eff. July 24, 1987.

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5:45 Duties.

The state historical records advisory board shall serve as a central advisory body for historical records, planning for projects developed and carried out under the program established under RSA 5:25 in the state and in compliance with the National Historical Publications and Records Commission. The board may: I. Sponsor surveys regarding the condition and needs of historical records in the state. II. Solicit and develop plans for historical records projects. III. Review and make recommendations regarding historical records projects proposed by institutions in the state. IV. Develop and revise state plans for historical records projects according to established priorities. V. Review the operation and progress of approved historical records projects in the state, financed by the National Historical Publications and Records Commission, through the board. Source. 1987, 353:1, eff. July 24, 1987.

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5:46 Cooperation With Other Bodies.

The state historical records advisory board is authorized to cooperate with cities, towns, private groups, and institutions in the state and with agencies of state government, with respect to matters of interest in collecting and preserving historical records. Source. 1987, 353:1, eff. July 24, 1987.

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5:47 Definitions.

In this subdivision: I. [Repealed.] II. "Local government" means cities, towns, or unincorporated places. III. "Local government records manager" means the liaison between the division of archives and records management and the municipalities who shall coordinate the local government records management improvement program. Source. 2002, 145:2. 2003, 97:4, eff. Aug. 5, 2003. 2017, 195:11, I, eff. Sept. 3, 2017.

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5:48 Repealed by 2017, 195:11, II, eff. Sept. 3, 2017.

Repealed by 2017, 195:11, II, eff. Sept. 3, 2017.

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5:49 Duties of Local Government Records Manager; Position Established.

There is established in the division of archives and records management, department of state, the position of local government records manager who shall be a classified state employee. The local government records manager shall have the following duties: I. It shall be the responsibility of the local government records manager to advise local governments on planning and administering programs for the creation, maintenance, preservation, reproduction, retention, and disposition of their records; to advise local governments on the development of micrographics systems, automated data processing systems, and other systems that rely on technology to create, store, manage, and reproduce information or records; and to advise local governments on the preservation and use of vital records with enduring value for historical or other research purposes. II. It shall be the responsibility of the local government records manager to advise the municipal records board concerning local government records policies and procedures, state services and financial support needed to assist or advise local officials, regulations pertaining to local government records, and grants for local government records management improvement pursuant to RSA 5:51. III. [Repealed.] IV. [Repealed.] Source. 2002, 145:2. 2003, 97:4, eff. Aug. 5, 2003. 2017, 195:11, III, eff. Sept. 3, 2017.

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5:50 Repealed by 2022, 323:1, I, eff. Sept. 6, 2022.

Repealed by 2022, 323:1, I, eff. Sept. 6, 2022.

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5:51 Repealed by 2017, 195:11, IV, eff. Sept. 3, 2017.

Repealed by 2017, 195:11, IV, eff. Sept. 3, 2017.

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