Report Title:
Government Records
Description:
Requires public officers to file a retention schedule of government records with the comptroller. Clarifies the definition of government record. Requires the comptroller to report to the legislature with a listing of all records destroyed in 2009.
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THE SENATE |
S.B. NO. |
678 |
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TWENTY-FIFTH LEGISLATURE, 2009 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO GOVERNMENT RECORDS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that government agencies are not updating their list of records for disposal filed with the comptroller, as required by current law.
The purpose of this Act is to:
(1) Require government agencies to file a records retention schedule with the comptroller;
(2) Require the comptroller to report to the legislature on all government records disposed of in 2009; and
(3) Clarify the definition of "government record".
SECTION 2. Section 92F-3, Hawaii Revised Statutes, is amended by amending the definition of "government record" to read as follows:
""Government record" means [information]
all documents, papers, letters, maps, books (except books in formally
organized libraries), microfilm, magnetic tape, electronic mail, or other
material, maintained by an agency in written, auditory, visual, electronic,
or other physical form."
SECTION 3. Section 94-3, Hawaii Revised Statutes, is amended to read as follows:
"§94-3 Disposal of government records
generally. (a) Each public officer, except public officers of the
judiciary and the legislative branch of government, having the care and custody
of any government records shall submit to the [state] comptroller a list
of records for disposal, which shall include the name of the office, department,
or bureau, the subject of the records for disposal, and the inclusive
dates of the records. The comptroller shall determine the disposition of the
records; stating whether the records should be retained by the office,
department, or bureau; be transferred to the public archives, the University of
Hawaii, the Hawaiian Historical Society, or other agency; or be destroyed. The
comptroller shall have full power of disposal of all records submitted for this
purpose. The records of all records disposed of, including lists submitted by
the public officers, and the action taken by the comptroller, shall be kept on
proper forms, specified by the comptroller, of which, one copy [of
which] shall be filed in the office, department, or bureau where the
records originated, one copy shall be filed in the office of the attorney
general, and the original of which shall be filed in the public
archives.
(b) In addition to subsection (a), each public officer, except public officers of the judiciary and the legislative branch of government, having the care and custody of any government records shall submit to the comptroller a schedule for retention of records.
[(b)] (c) If requested, the
comptroller shall provide assistance to the legislative branch of government or
any agency or entity therein in establishing policies relating to the disposal
of government records."
SECTION 4. The comptroller shall file with the legislature no later than twenty days prior to the convening of the regular session of 2010, a report that lists all records destroyed in 2009 pursuant to section 94-3, Hawaii Revised Statutes.
SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 6. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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