Bill Text: NH HB259 | 2017 | Regular Session | Introduced


Bill Title: Relative to the records of the probate court.

Spectrum: Slight Partisan Bill (Republican 2-1)

Status: (Passed) 2017-04-17 - Signed by Governor Sununu 04/17/2017; Chapter 15; Eff. 6/16/2017 [HB259 Detail]

Download: New_Hampshire-2017-HB259-Introduced.html

HB 259-FN - AS INTRODUCED

 

 

2017 SESSION

17-0596

09/05

 

HOUSE BILL 259-FN

 

AN ACT relative to the records of the probate court.

 

SPONSORS: Rep. Horrigan, Straf. 6; Rep. J. Belanger, Hills. 27; Sen. Gray, Dist 6

 

COMMITTEE: Judiciary

 

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ANALYSIS

 

This bill requires registers of probate to coordinate with the secretary of state the preservation of closed files having the potential for historical significance.  The bill requires these closed files to be preserved in electronic and non-electronic form.

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

17-0596

09/05

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Seventeen

 

AN ACT relative to the records of the probate court.

 

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

 

1  Registers of Probate; Preservation of Files.  Amend RSA 548:5 to read as follows:

548:5  Preservation of Files.  The register of probate shall be responsible for coordinating with the secretary of state and the administrative judge of the circuit court established in RSA 490-F the preservation of any closed files having the potential for historical significance.  These files shall be preserved in both electronic and non-electronic form.  The register may recommend that these files be sent to the records center established under RSA 5.  The register of probate shall maintain a current index describing the location of any files which have been removed from the court pursuant to this section.

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

 

LBAO

17-0596

12/22/16

 

HB 259-FN- FISCAL NOTE

AS INTRODUCED

 

AN ACT relative to the records of the probate court.

 

FISCAL IMPACT:      [ X ] State              [    ] County               [    ] Local              [    ] None

 

 

 

Estimated Increase / (Decrease)

STATE:

FY 2018

FY 2019

FY 2020

FY 2021

   Appropriation

$0

$0

$0

$0

   Revenue

$0

$0

$0

$0

   Expenditures

Indeterminable Increase

Indeterminable Increase

Indeterminable Increase

Indeterminable Increase

Funding Source:

  [ X ] General            [    ] Education            [    ] Highway           [    ] Other

 

 

 

 

 

 

METHODOLOGY:

This bill would amend RSA 548:5 to add the Secretary of State into the process of coordinating with the register of probate and the administrative judge of the circuit court to preserve any closed probate files having the potential for historical significance.  It would require that such files be preserved in both electronic and non-electronic form.

 

The Judicial Branch states that the branch maintains all probate files, both current and closed, in paper form, with the exception of recently filed adult guardianship cases, which are now filed electronically.  Most files are on-site at the various courts but some are off-site.  The Branch is unable to estimate the actual cost to preserve in electronic form all closed probate files having the potential for historical significance, but with over 200 years of records, the estimate is in excess of $10,000.

 

The Department of State indicates there are no expenditures by the Department as a result of the bill.

 

AGENCIES CONTACTED:

Department of State and Judicial Branch

 

 

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