Bill Text: HI HB2229 | 2010 | Regular Session | Introduced

Hawaii House Bill 2229 (Prior Session Legislation)

Introduced

Bill Title: Government Records; Retention; Destruction

Spectrum: Slight Partisan Bill (Democrat 4-2)

Status: (Introduced - Dead) 2010-01-22 - (H) Referred to JUD, FIN, referral sheet 3 [HB2229 Detail]

Download: Hawaii-2010-HB2229-Introduced.html

HOUSE OF REPRESENTATIVES	H.B. NO.	2229
TWENTY-FIFTH LEGISLATURE, 2010
STATE OF HAWAII

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 current law is silent on an agency's obligation to retain government records before disposing of those records. The legislature further finds that current law is silent on whether an agency may dispose of government records pending a request under the freedom of information law for disclosure of those records.

The purpose of this Act is to:

(1) Require the public officer in charge of records for each agency to submit a schedule of retention of those records to the comptroller;

(2) Prohibit the destruction of government records until the expiration date indicated on the schedule of retention or pending a request for disclosure of those records under the freedom of information law; and

(3) Clarify the definition of government record.

SECTION 2. Chapter 92F, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§92F‑ Destruction of government records. No government record shall be destroyed unless the destruction is pursuant to section 94‑ ."

SECTION 3. Chapter 94, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§94‑ Destruction of government records; when. No government records shall be destroyed:

(1) Prior to the expiration date indicated on the schedule of retention of those same government records under section 94-3; or

(2) When there is pending a request by any person to make those same government records available for inspection and copying pursuant to section 92F-11."

SECTION 4. Section 92F-3, Hawaii Revised Statutes, is amended by amending the definition of "government record" to read as follows:

""Government record" means [~~information maintained~~] all documents, papers, letters, maps, books (except books in formally organized libraries), microfilm, magnetic tape, electronic mail, or other material, that is held, possessed, retained, stored, or administratively controlled in any way by an agency in written, auditory, visual, electronic, or other physical form[.], including information that is submitted to an agency pursuant to law, rule, or procedure of the agency, whether or not the agency accepts the information as valid."

SECTION 5. Section 94-3, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(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[,] and a schedule for their retention, 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[;] in accordance with the schedule for retention of those records as submitted to the comptroller by the public officer, 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, the schedules of retention, and the action taken by the comptroller[,] including destruction of those records, 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 public archives."

SECTION 6. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 7. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________

Report Title:

Government Records; Retention; Destruction

Description:

Requires the public official in charge of records for each agency to submit a schedule of retention of government records to the comptroller. Prohibits destruction of government records prior to expiration date of retention schedule or when request for disclosure is pending. Clarifies definition of government record.

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.