SB3282 SD1

PART I

SECTION 1. The legislature finds it to be in the best interest of the State and the public to ensure that governmental records are managed in as cost- and space-effective means as possible. Records must be stored and accessible for the entire period of their legal retention and destroyed at the expiration of their retention period. Site surveys have determined that storing inactive records within the office spaces allotted to state agencies is neither a good use of public funds nor the agencies' office spaces. Governmental records are most efficiently and effectively managed when they are transferred to mass storage facilities once their immediate business needs have been satisfied. The legislature also recognizes the value in digitizing certain governmental records to allow statewide accessibility, public access, fast retrieval, and virtually unlimited storage.

The legislature further finds that the Hawaii state archives is the only agency in the State that has been legislatively tasked with the duty to collect, preserve, arrange, describe, and inventory records of enduring value. The state archives also provides records management consultative services to all three branches of government and cost-efficient mass storage of both records of enduring value and non-permanent inactive records of government. The state archives manages the public archives in the Kekauluohi building as a state-of-the-art archival facility with security, environmental controls, gas fire suppression, and professional staff to ensure the long-term preservation of and access to approximately fourteen thousand cubic feet of records of enduring value. The state archives manages the state records center at Mapunapuna for the cost‑efficient storage and destruction of up to fifty-nine thousand cubic feet of inactive non-permanent records. Because the state records center can store inactive non-permanent records at approximately one-fifth the cost of storing those same records in state office buildings, it is of greatest benefit to the State to maximize the storage of inactive non‑permanent records at the state records center, digitize certain records for accessibility and efficient storage, and ensure the long-term preservation of records of enduring value at the public archives.

Accordingly, the purpose of this Act is to:

(1) Amend existing law to empower the comptroller to mandate the transfer of governmental records to the state records center; and

(2) Appropriate moneys for the statewide digitization of government records through the office of enterprise technology services.

PART II

SECTION 2. 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 disposition authorization, which shall include the name of the office, department, or bureau, the description of the records for disposal, the inclusive dates of the records, and the retention period.

(b) The comptroller shall determine the disposition of the records[~~; stating~~] and shall state whether the records should be [~~retained~~]:

(1) Retained by the office, department, or bureau; [~~be transferred~~]

(2) Transferred to the state archives, state records center, or other agency[;], and the time period at which the records shall be transferred as directed; or [~~be destroyed.~~]

(3) Destroyed at the expiration of their retention period.

(c) The comptroller shall have full power of disposal of all records submitted for this purpose. The disposition authorization of all records, including lists submitted by the public officers, and the action taken by the comptroller, shall be kept on proper forms, specified by the comptroller, 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 shall be filed in the state archives.

[~~(b)~~] (d) 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."

PART III

SECTION 3. Definitions. Unless otherwise clear from the context, as used in this Act:

"Expending agency" means the executive department, independent commission, bureau, office, board, or other establishment of the state government (other than the legislature, Office of Hawaiian Affairs, and judiciary), the political subdivisions of the State, or any quasi-public institution supported in whole or in part by state funds, which is authorized to expend specified appropriations made by this Act.

Abbreviations, where used to denote the expending agency, shall mean the following:

AGR Department of agriculture

AGS Department of accounting and general services

BED Department of business, economic development, and tourism

EDN Department of education

HMS Department of human services

HTH Department of health

JUD Judiciary

LBR Hawaii labor relations board

LNR Department of land and natural resources

PSD Department of public safety

TAX Department of taxation

TRN Department of transportation

"Means of financing" or "MOF" means the source from which funds are appropriated or authorized to be expended for the programs and projects specified in this Act. All appropriations are followed by letter symbols. The letter symbols, where used, shall have the following meanings:

A General funds

B Special funds

V American Rescue Plan funds

"Position ceiling" means the maximum number of permanent and temporary full-time equivalent positions authorized for a particular program during a specified period or periods, as denoted by an asterisk for permanent full-time equivalent positions and a pound sign for temporary full-time equivalent

positions.

"Program ID" means the unique identifier for the specific program and consists of the abbreviation for the organization responsible for carrying out the program followed by the organization number for the program.

SECTION 4. The following sums or so much thereof as may be sufficient for the expending agency to collaborate with the office of technology services to digitize certain government records are hereby appropriated or authorized from the means of financing specified to the expending agency designated for the fiscal year beginning July 1, 2022, and ending June 30, 2023. The total expenditures and the number of positions in the 2022‑2023 fiscal year shall not exceed the sums and the position ceiling indicated for the fiscal year, except as may be provided elsewhere in this Act or as provided by general law.

1. AGS101 ACCOUNTING DIVISION

OPERATING AGS 689,000A

2. AGS901 ADMINISTRATIVE SERVICES OFFICE

OPERATING AGS 545,000A

3. AGS231 CENTRAL SERVICES DIVISION

OPERATING AGS 25,000A

4. AGS232 CENTRAL SERVICES DIVISION

OPERATING AGS 7,500A

5. AGS131 OFFICE OF ENTERPRISE TECHNOLOGY SERVICES

3.00*

OPERATING AGS 1,475,000A

6. AGS223 OFFICE LEASING

OPERATING AGS 107,000A

7. AGR192 GENERAL ADMINISTRATION FOR AGRICULTURE

OPERATING AGR 100,000A

8. AGR171 AGRICULTURAL DEVELOPMENT AND MARKETING

OPERATING AGR 20,000A

9. AGR101 FINANCIAL ASSISTANCE FOR AGRICULTURE

OPERATING AGR 30,000A

10. AGR122 PLANT INDUSTRY DIVISION ADMINISTRATION

OPERATING AGR 5,000A

11. AGR846 PLANT INDUSTRY DIVISION

OPERATING AGR 100,000A

12. AGR812 QUALITY ASSURANCE DIVISION

OPERATING AGR 3,000A

13. AGR161 AGRIBUSINESS DEVELOPMENT CORPORATION

OPERATING AGR 200,656A

14. BED160 HAWAII HOUSING FINANCE AND DEVELOPMENT CORPORATION

OPERATING BED 1,060,000A

15. BED146 NATURAL ENERGY LABORATORY OF HAWAII AUTHORITY

OPERATING BED 2,361,901A

16. BED144 OFFICE OF PLANNING AND SUSTAINABLE DEVELOPMENT

OPERATING BED 300,001A

17. EDN400 SCHOOL SUPPORT

OPERATING EDN 7,500,000A

18. HTH495 BEHAVIORAL HEALTH ADMINISTRATION

OPERATING HTH 10,000A

19. HTH610 ENVIRONMENTAL HEALTH ADMINISTRATION

OPERATING HTH 455,000A

20. HTH595 HEALTH RESOURCES ADMINISTRATION

OPERATING HTH 595,718A

21. HMS802 DIVISION OF VOCATIONAL REHABILITATION

OPERATING HMS 315,000A

22. HMS503 OFFICE OF YOUTH SERVICES - HAWAII YOUTH CORRECTIONAL FACILITIES

OPERATING HMS 200,000V

23. HMS301 SOCIAL SERVICES DIVISION - CHILD PROTECTIVE SERVICES

OPERATING HMS 2,300,000A

24. JUD601 JUDICIARY - RECORDS MANAGEMENT OFFICE

OPERATING JUD 1,899,895A

25. JUD310 JUDICIARY - 1ST CIRCUIT LEGAL DOCUMENTS

OPERATING JUD 4,431,674A

26. JUD320 JUDICIARY - 2ND CIRCUIT LEGAL DOCUMENTS

OPERATING JUD 1,130,890A

27. LBR161 HAWAII LABOR RELATIONS BOARD

OPERATING LBR 8,100B

28. LNR401 AQUATIC RESOURCES

OPERATING LNR 200,000A

29. LNR801 OCEAN-BASED RECREATION

OPERATING LNR 175,000A

30. LNR111 CONVEYANCES AND RECORDINGS

OPERATING LNR 4,982,639A

31. LNR405 CONSERVATION AND RESOURCES ENFORCEMENT

OPERATING LNR 65,000A

32. LNR402 FOREST AND WILDLIFE RESOURCES

OPERATING LNR 50,000A

33. LNR802 HISTORIC PRESERVATION

OPERATING LNR 300,000A

34. LNR101 PUBLIC LANDS MANAGEMENT

OPERATING LNR 1,500,000A

35. LNR806 STATE PARKS

OPERATING LNR 774,780A

36. LNR906 NATURAL AND PHYSICAL ENVIRONMENTS

OPERATING LNR 200,000A

37. PSD900 GENERAL ADMINISTRATION

OPERATING PSD 440,000A

38. TAX100 COMPLIANCE

OPERATING TAX 7,000A

39. TRN595 HIGHWAYS ADMINISTRATION

OPERATING TRN 2,217,294B

THE SENATE	S.B. NO.	3282
THIRTY-FIRST LEGISLATURE, 2022		S.D. 1
STATE OF HAWAII