HB164: relative to local records retention.

HB 164-FN - VERSION ADOPTED BY BOTH BODIES

7Jan2026... 2979h

05/07/2026 1627s

2025 SESSION

25-0128

02/08

HOUSE BILL 164-FN

AN ACT relative to local records retention.

SPONSORS: Rep. Alexander Jr., Hills. 29; Rep. Lynn, Rock. 17; Rep. Kuttab, Rock. 17; Rep. Berch, Ches. 6; Sen. Innis, Dist 7; Sen. Murphy, Dist 16

COMMITTEE: Judiciary

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ANALYSIS

This bill funds and equips the local government record manager with online storage of records that are available for public access.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

7Jan2026... 2979h

05/07/2026 1627s 25-0128

02/08

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Twenty Five

AN ACT relative to local records retention.

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

1 Local Records; Public Access. Amend RSA 5:35 to read as follows:

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. The director shall designate, with the approval of the municipal records board, a publicly accessible website for the retention and public access to local electronic records.

2 Local Government Records Manager; Website Development. Amend RSA 5:49, II to read as follows:

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, and regulations pertaining to local government [records, and grants for local government records management improvement pursuant to RSA 5:51].

3 New Paragraph; Duties of Local Government Records Manager. Amend RSA 5:49 by inserting after paragraph II the following new paragraph:

II-a. The local government records manager, or if the role is not filled, the state archivist, is authorized to employ specialists in records management, archives, and administration, consultants and or other specialists necessary to provide a publicly accessible website pursuant to RSA 5:35 and issue guidance for its proper use.

4 New Paragraph; Electronic Records. Amend RSA 33-A:5-a by inserting after paragraph II the following new paragraph:

III. Electronic municipal records, including paper municipal records transferred to electronic records in accordance with the provisions of paragraph I, may be stored on a publicly accessible website designated by, and in accordance with, guidance issued by the state archivist. If electronic municipal records are stored in this manner, no additional copy need be kept by the municipality if the municipality provides the public at least one cost-free method of accessing the website.

5 Minutes and Records Available for Public Inspection. Amend RSA 91-A:4, IV(a) to read as follows:

IV.(a) Each public body or agency shall, upon request for any governmental record reasonably described, make available for inspection and copying any such governmental record within its files when such records are immediately available for such release or, if the record has been uploaded to the website in accordance with RSA 33-A:5-a, III, provide the domain name of the website.

6 Appropriation. The sum of $50,000 for the fiscal year ending June 30, 2027 is hereby appropriated to the secretary of state, division of archives and records management for the creation and maintenance of a publicly accessible website for the retention and public access to local electronic records, and the implementation of provisions of this act. Such funds shall be non-lapsing. The governor is authorized to draw a warrant for said sum out of any money in the treasury not otherwise appropriated.

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

LBA

25-0128

5/11/26

HB 164-FN- FISCAL NOTE

AS AMENDED BY THE SENATE (AMENDMENT #2026-1627s)

AN ACT relative to local records retention.

FISCAL IMPACT: This bill provides an appropriation in section 6. 









Estimated State Impact





FY 2025

FY 2026

FY 2027

FY 2028





Revenue

$0

$0

$0

$0





Revenue Fund(s)

None





Expenditures*

$0

$0

$10,000

$10,000





Funding Source(s)

General Fund





Appropriations*

$0

$0

$50,000

$0





Funding Source(s)

General Fund





*Expenditure = Cost of bill *Appropriation = Authorized funding to cover cost of bill




METHODOLOGY:

This bill requires the State Archivist, with the approval of the Municipal Records Board, to design a publicly available website for storing and allowing public access to local electronic records and guidelines. This bill appropriates $50,000 of non-lapsing funds from the General Fund, for fiscal year ending June 30, 2027, to the Division of Archives and Records Management, within the Secretary of State's office for the purpose of creating and maintaining the website for the retention and public access to local electronic records. 

The Department of State indicates the cost to meet the storage needs for the publicly available website is estimated to be $50,000 for a five-year subscription ($10,000 a year), renewable every five years. 

It is assumed that any fiscal impact would occur after FY 2026.

AGENCIES CONTACTED:

Department of State