HB1174: relative to acceptance of electronic records by government agencies.

HB 1174- AS INTRODUCED

2003 SESSION

03-2210

05/10

HOUSE BILL 1174

AN ACT relative to acceptance of electronic records by government agencies.

SPONSORS: Rep. Cady, Rock 73

COMMITTEE: Executive Departments and Administration

ANALYSIS

This bill requires state agencies to accept certain electronic records.

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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

03-2210

05/10

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Three

AN ACT relative to acceptance of electronic records by government agencies.

Be it Enacted by the Senate and House of Representatives in General Court convened:

1 New Section; Uniform Electronic Transactions Act; Acceptance of Electronic Records by Governmental Agencies. Amend RSA 294-E by inserting after section 17 the following new section:

294-E:17-a Acceptance of Electronic Records by Governmental Agencies. If a governmental agency requests a record that is available electronically, the governmental agency shall accept the electronic record if it:

I. Accurately reflects the information set forth in the record after it was first generated in its final form as an electronic record or otherwise; and

II. Is accessible and may be accurately reproduced by the requesting agency.

2 Uniform Electronic Transactions Act; Distribution of Electronic Records by Government Agencies; Reference Added. Amend the section heading and RSA 294-E:18, I to read as follows:

294-E:18 [Acceptance and] Distribution of Electronic Records by Governmental Agencies.

I. Except as otherwise provided in RSA 294-E:12, VI and RSA 294-E:17-a, the department of administrative services, in cooperation with the secretary of state, 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.

3 Uniform Electronic Transactions Act; Use of Electronic Records by Governmental Agencies; Reference Change. Amend RSA 294-E:18, III to read as follows:

III. Except as otherwise provided in RSA 294-E:12, VI and RSA 294-E:17-a, this chapter does not require a governmental agency of this state to use or permit the use of electronic records or electronic signatures.

4 Effective Date. This act shall take effect 60 days after its passage.