Chapter 5: Department of State

I. There is hereby established a department of state under the executive direction of the secretary of state. The secretary of state shall be chosen biennially in the manner directed in the constitution and in accordance with RSA 14:2-b and shall hold office until a successor is elected and assumes the duties of the office. The secretary of state's duties shall be those of both a legislative branch as well as an executive branch officer. The penal sum of his bond shall be $10,000, and the sureties upon it must be satisfactory to the governor and council.

II. The term of office for the new secretary of state shall begin on the first Wednesday following the first Tuesday in January. The new secretary of state shall assume the duties of office upon taking the oath of office.

III. It shall be the duty of the outgoing secretary of state to make available to the new secretary of state all official documents and vital information necessary for a full and complete understanding of the operation of the department of state.

The annual salary of the secretary of state shall be that prescribed by RSA 94:1-4.

The secretary of state may appoint a special deputy secretary of state who shall serve for not more than 90 days in any one fiscal year. The special deputy secretary of state appointed under this section shall exercise the duties and functions delegated to him or her, and all duties and functions exercised by him or her while so acting shall have the same validity and effect as though performed by the secretary of state.

Subject to the state personnel regulations, and within the limits of available appropriations and funds, the secretary of state may employ a chief clerk and such other clerks and assistants as may be necessary. If a subordinate classified employee's salary exceeds the maximum salary for an unclassified supervisor, the secretary of state is authorized to increase the unclassified supervisor's salary in the amount provided in RSA 94:1-a, III.

The secretary shall arrange methodically, fold uniformly, file, and label all the papers in his office belonging to the state, preserve the same carefully, and give copies thereof, duly authenticated, whenever required and paid for such copies.

The secretary of state shall, during certain times within his discretion, put on public display in rooms 118 and 119 of the state house the authentic copy of the declaration of independence and bill of rights which he has in his possession. This document shall be displayed under conditions which ensure its security and protection from theft, damage, or destruction. When the document is not on public display, it shall be under the care of the secretary of state.

He shall have the custody of the state seal; and copies of records and papers in his office, certified by him or his deputy and authenticated by the state seal, shall be evidence in like manner as the originals.

The secretary of state is hereby directed to furnish such number of copies of the state constitution to the general public as he or she may deem necessary. The secretary of state may assess a fee to cover costs for bulk orders of copies of the state constitution requested by members of the legislative, judicial, and executive branches as well as members of the public.

The secretary of state shall prepare and distribute the election-related items as provided in the election laws.

The secretary of state shall prepare and distribute an election procedure manual as provided in RSA 652:22.

The secretary of state shall have authority to employ such additional assistants as may be required in carrying out the provisions of the election laws, and all necessary expense thereof shall be paid by the state. All full-time employees and officials in this department shall be eligible for annual and sick leave.

The secretary of state is authorized to contract for printing in connection with his duties under the election laws. The provisions of RSA 8 relative to competitive bidding for state purchases shall not apply to contracts entered into by the secretary of state hereunder.

I. There is established in the office of the state treasurer a nonlapsing fund to be known as the election fund which shall be kept distinct and separate from all other funds. The election fund is established to meet the requirements of section 254(b) of the Help America Vote Act, Public Law 107-252 and the 2018 Election Reform Program authorized by the Consolidated Appropriations Act of 2018, Public Law 115-141, hereafter referred to as the "2018 Election Reform Program".

II. The treasurer shall deposit in the election fund all monies received by the state pursuant to the Help America Vote Act of 2002, Public Law 107-252 and the 2018 Election Reform Program. The treasurer shall also deposit in the election fund such other funds received under state or federal law, or donated to the state by private parties, for the purposes of conducting elections, voter and election official education, election law enforcement, and related information technology projects and improvements, and shall credit any interest or income earned on monies on deposit to the fund.

III. The secretary of state is authorized to accept, budget, and, subject to the limitations of this paragraph, expend monies in the election fund received from any party for the purposes of conducting elections, voter and election official education, the purchase or lease of equipment that complies with the Help America Vote Act of 2002, Public Law 107-252, reimbursing the department of safety for the actual cost of voter identification cards, election law enforcement, enhancing election technology, making election security improvements, and improvements to related information technology, including acquisition and operation of an automated election management system. With the exception of federal and state portions of funds associated with the 2018 Election Reform Program, the secretary of state shall not expend any monies in the election fund unless the balance in the fund following such expenditures shall be at least 12 times the estimated annual cost of maintaining the programs established to comply with the Help America Vote Act of 2002, Public Law 107-252.

IV. All monies in the election fund shall be continually appropriated to the department of state and shall not lapse.

V. The treasurer, upon approval of the secretary of state shall pay the expenses of planning, equipping, administering, staffing, maintaining, and improving the election services provided by the secretary of state and related services provided by the department of safety, the department of health and human services, and the department of justice out of any monies in the election fund, subject to the limitations established in paragraph III, notwithstanding any other provision of law.

VI. The secretary of state shall include appropriations from the election fund in the department budget submitted pursuant to RSA 9:4.

VII. The treasurer shall, upon request of the secretary of state, establish separate accounts within the election fund in order to segregate funds according to funding source.

Except as otherwise provided, the following fees shall be paid to the secretary of state for the use of the state: For every commission issued to a justice of the peace or to a notary public, $75, $25 of which shall be deposited into the fund established by RSA 5:10-b; for every certificate pertaining to the existence of a corporation, trade name, or other business entity, or writ served on the same, $5; for every such certificate in long form, $10; for every apostille provided under the Hague Convention of 1961 and for every certificate for a notary public or justice of the peace, $10; for every other certificate under seal of the state, $5; for engrossing private acts, $1 for each page of 240 words; for expedited service of every 10 documents or any part thereof, $25.

If the secretary of state collects a fee electronically for any registration, any document, or any other purpose, the secretary of state shall collect a handling charge for each fee paid electronically, including by Internet or facsimile, by adding $2 to the total fee.

There is established in the state treasury a separate account to be known as the notary fee account. All fees which are credited to this account shall be continually appropriated to the secretary of state. The account shall be used by the secretary of state to fulfill the duties established by RSA 455:17. Twenty-five dollars of every application fee for a commission as a notary public or justice of the peace under RSA 5:10 shall be credited to this account. The fund shall be nonlapsing, except that any balance remaining in the account over $100,000 at the end of a fiscal biennium shall lapse to the general fund.

The ballot law commission shall function within the department of state as a separate organizational entity and with all the powers and duties as heretofore provided, except as otherwise provided by law.

The secretary of state shall have available the rules and regulations affecting the issuance of licenses or certificates of registration by each professional or trade licensing or registering board or commission enumerated in RSA 5:13; he shall require from the secretary of each of said boards or commissions such information as will enable him to carry out the purposes hereof.

So far as practicable, and after consultation with the professional and trade licensing and registering boards and commissions within the department of state, the secretary of state shall prescribe uniform procedures for all secretarial and recording activities of said boards and commissions.

The department of state, in accordance with the Free Trade Agreement between the United States and Canada, shall provide any corporate registration information necessary under RSA 293-A for the purpose of promoting business, labor and trade opportunities with Canada.

The secretary of state shall coordinate with the governor's commission on disability to develop, prepare, and make available to businesses upon request:

I. A decal suitable for posting in a front window or door stating that service animals are welcome and that misrepresentation of an animal as a service animal is a violation of RSA 167-D:8.

II. Materials including permissible questions a business owner may ask in order to determine whether an animal is a service animal, guidelines for compliance with the Americans with Disabilities Act for the business owner, and information on the Americans with Disabilities Act. Such materials shall also contain language stating that persons who have non-apparent disabilities such as asthma or allergies to animals may also be protected by the Americans with Disabilities Act. Such materials shall also contain information about the penalties for misrepresentation of a dog as a service dog under RSA 167-D.

I. A domestic entity that is not a filing entity, entities formed under RSA 292, or a nonqualified foreign entity may file with the secretary of state a statement appointing an agent for service of process signed on behalf of the entity which states:

(a) The name, type, and jurisdiction of organization of the represented entity;

(b) The name of the agent, the agent's mailing address, and agent's physical street address in this state; and

(c) An affirmation by the represented entity that the agent has consented to serve as such.

II. A statement appointing an agent for service of process shall take effect on the date of filing.

III. The appointment of a registered agent under this section does not qualify a nonqualified foreign entity to do business in this state and is not sufficient alone to create personal jurisdiction over the nonqualified foreign entity in this state.

IV. A statement appointing an agent for service of process may not be rejected for filing because the name of the entity filing the statement is not legally distinguishable on the records of the secretary of state from the name of another entity appearing in those records. The filing of a statement appointing an agent for service of process does not make the name of the entity filing the statement unavailable for use by another entity.

V. An entity that has filed a statement appointing an agent for service of process may cancel the statement by filing a statement of cancellation, which shall take effect upon filing, and must state the name of the entity and that the entity is canceling its appointment of an agent for service of process in this state. A statement appointing an agent for service of process which has not been cancelled earlier is effective for a period of 5 years after the date of filing.

VI. A statement appointing an agent for service of process for a nonqualified foreign entity terminates automatically on the date the entity becomes a qualified foreign entity.

VII. A registered agent may resign at any time with respect to a represented entity by filing with the secretary of state a statement of resignation signed by or on behalf of the agent which states:

(a) The name of the entity;

(b) The name of the agent;

(c) That the agent resigns from serving as agent for service of process for the entity; and

(d) A statement that the agent has provided written notice of the resignation.

VIII. A statement of resignation takes effect on the earlier of the 31st day after the day on which it is filed or the appointment of a new registered agent for the represented entity.

IX. The registered agent shall promptly furnish the represented entity with notice in a record of the date on which a statement of resignation was filed.

X. The fee for filing a statement of appointment of agent shall be $15. There shall be no fee to file a statement of resignation of agent.

I. The following requirement shall apply to any registered agent required to be appointed by law for any corporation, limited liability company, limited liability partnership, limited partnership, or any other business formation or entity required to be registered with the secretary of state: if the agent is a natural person, the person shall be 18 years of age or older and be a resident of New Hampshire during all such times as the person is named as agent.

II. If the agent is another registered business entity, such entity shall be in good standing with the secretary of state. For the purposes of this section, "good standing" means the registered business entity is active on the secretary's records and compliant with its legal obligation to file annual reports and/or pay annual fees as applicable, and maintain a registered agent and registered office.

III. No corporation, limited liability company, partnership, or other business entity required to maintain a registered office in this state shall designate the address of a commercial postal box provider, virtual office, mail forwarding service, or any similar service as its registered office address. For the purposes of this section, "commercial postal box provider" means any business or entity primarily engaged in providing mail-receiving, forwarding, or virtual office services, including, but not limited to, those operating under private mailbox agreements or offering mail-handling services without providing a dedicated physical office space for the business entity.

The deputy secretary of state before entering upon the duties of his office shall take the oaths required by article 84 of the constitution, and give bond in the sum of $10,000, with sufficient sureties to the satisfaction of the governor and council, for the faithful and punctual performance of such duties. He may be removed by the secretary.

The deputy secretary of state shall exercise the duties of the office of secretary of state while the latter is absent, or unable from any cause to act.

The annual salary of the deputy secretary of state shall be that prescribed by RSA 94:1-4.

In addition to any other requirements, no contract for personal services, under which the total of payments equals $2,500 or more, in lump sum or installments, between the state and a nonresident corporation, partnership or association or between the state and a resident doing business under a name other than his own, shall be valid unless the contract shall have attached to it evidence of registration with the secretary of state as required under RSA 293-A, 305-A or 349. This requirement shall not apply to a nonresident corporation not organized for profit, except that each contract between the state and a resident or nonresident corporation, partnership or association shall have attached to the contract evidence of authority of the parties to execute and be bound by the contract.

The records of all the courts of the province of New Hampshire and all the records of deeds and all the probate records, and all the original papers of the province of New Hampshire prior to the time the act for the division of said province into counties took effect, shall be kept by the secretary of state in the division of archives and records management.

The secretary of state, whenever requested and paid for so doing, shall furnish copies of any of said records, and such copies, when certified by the secretary or his deputy and authenticated by the seal of the state, shall be evidence in like manner as the originals.

The fee for furnishing copies of records as provided in the preceding section shall be $1 for each page of 240 words.

The secretary of state, the deputy secretary of state, or the designee of either may affix a facsimile signature to any record or certificate required or permitted to be issued by them.

I. The secretary of state may appoint assistant secretaries of state within the limits of the appropriation made for the department of state who shall serve at the pleasure of the secretary of state. The salary of an assistant secretary of state shall be set by the secretary of state in accordance with the provisions of RSA 94:1-4.

II. If there is a vacancy in the office of an assistant secretary of state appointed under paragraph I, the secretary of state may instead appoint an office supervisor in accordance with state personnel rules. The appropriation for the vacant assistant secretary of state position shall be used to fund the position of office supervisor. The office supervisor shall be a classified employee and shall be classified at least labor grade 22. The office supervisor shall perform such duties as may be assigned by the secretary of state.

An assistant secretary of state shall perform such duties as may be assigned to him by the secretary of state.

The legislature declares that a program for the efficient and economical management of state and local records will promote economy, efficiency, and integrity in the day-to-day record-keeping activities of the state government and will facilitate and expedite government operations. The legislature further declares that the interests of the state and of posterity require the establishment of archives in which may be preserved records, papers, and documents having permanent and historical value.

This subdivision shall be known as "Archives and Records Management Act."

There shall be a division of archives and records management in the department of state, under the executive direction of the state archivist.

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.

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.

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 the director 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.

The director 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.

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.

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 the director 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 the agency's custody that are of permanent and historical value to the state. The head of each agency shall likewise submit lists of state records in the agency's 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 the director pursuant to the provisions of this subdivision.

V. Comply with the rules and procedures adopted by the director.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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, and regulations pertaining to local government.

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.

III. [Repealed.]

IV. [Repealed.]