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S1381......................................by LOCAL GOVERNMENT AND TAXATION
COUNTY RECORDS - Amends existing law to classify copies of noncommercial
and nongovernmental applications, plans and specifications and temporary
county records.
02/08 Senate intro - 1st rdg - to printing
02/09 Rpt prt - to Loc Gov
02/15 Rpt out - rec d/p - to 2nd rdg
02/16 2nd rdg - to 3rd rdg
02/21 3rd rdg - PASSED - 24-9-2
NAYS--Branch, Cameron, Davis, Frasure, Geddes, Ipsen, Lee, Schroeder,
Whitworth
Absent and excused--Crow, Stennett
Floor Sponsor - Boatright
Title apvd - to House
02/22 House intro - 1st rdg - to Loc Gov
03/03 Rpt out - rec d/p - to 2nd rdg
03/06 2nd rdg - to 3rd rdg
03/14 3rd rdg - PASSED - 58-3-9
NAYS -- Cheirrett, Moyle, Sali
Absent and excused -- Black, Clark, Crow, Deal, Gagner, Geddes,
Hansen(23), McKague, Mr Speaker
Floor Sponsor - Sellman
Title Apvd - to Senate
03/15 To enrol
03/16 Rpt enrol - Pres signed
03/17 Sp signed
03/20 To Governor
03/22 Governor signed
Session Law Chapter 54
Effective: 07/01/00
S1381
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-fifth Legislature Second Regular Session - 2000
IN THE SENATE
SENATE BILL NO. 1381
BY LOCAL GOVERNMENT AND TAXATION COMMITTEE
1 AN ACT
2 RELATING TO CLASSIFICATION AND RETENTION OF COUNTY RECORDS; AMENDING SECTION
3 31-871, IDAHO CODE, TO RECLASSIFY CERTAIN DOCUMENTS.
4 Be It Enacted by the Legislature of the State of Idaho:
5 SECTION 1. That Section 31-871, Idaho Code, be, and the same is hereby
6 amended to read as follows:
7 31-871. CLASSIFICATION AND RETENTION OF RECORDS. (1) County records shall
8 be classified as follows:
9 (a) "Permanent records" shall consist of, but not be limited to, the fol-
10 lowing: proceedings of the governing body, ordinances, resolutions, build-
11 ing plans and specifications for commercial projects and government build-
12 ings, bond register, warrant register, budget records, general ledger,
13 cash books and records affecting the title to real property or liens
14 thereon, and other documents or records as may be deemed of permanent
15 nature by the board of county commissioners.
16 (b) "Semipermanent records" shall consist of, but not be limited to, the
17 following: claims, contracts, canceled checks, warrants, duplicate war-
18 rants, license applications, building applications for commercial projects
19 and government buildings, departmental reports, purchase orders, vouchers,
20 duplicate receipts, bonds and coupons, registration and other election
21 records, financial records, and other documents or records as may be
22 deemed of semipermanent nature by the board of county commissioners.
23 (c) "Temporary records" shall consist of, but not be limited to, the fol-
24 lowing: correspondence not related to subsections (1) and (2) of this sec-
25 tion, building applications, plans, and specifications for noncommercial
26 and nongovernment projects after the structure or project receives final
27 inspection and approval, cash receipts subject to audit, and other records
28 as may be deemed temporary by the board of county commissioners.
29 (d) Those records not included in subsection (1)(a), (b) or (c) of this
30 section shall be classified as permanent, semipermanent or temporary by
31 the board of county commissioners and upon the advice of the office of the
32 prosecuting attorney.
33 (2) County records shall be retained as follows:
34 (a) Permanent records shall be retained for not less than ten (10) years.
35 (b) Semipermanent records shall be kept for not less than five (5) years
36 after date of issuance or completion of the matter contained within the
37 record.
38 (c) Temporary records shall be retained for not less than two (2) years.
39 (d) Records may only be destroyed by resolution of the board of county
40 commissioners after regular audit and upon the advice of the prosecuting
41 attorney. A resolution ordering destruction must list, in detail, records
42 to be destroyed. Such disposition shall be under the direction and super-
43 vision of the board's clerk.
2
1 (e) The provisions of this section shall control the classification and
2 retention schedules of all county records unless otherwise provided in
3 Idaho Code or any applicable federal law.
STATEMENT OF PURPOSE
RS09879
The purpose of the proposed amendment is to reclassify certain building plans,
specifications, and applications to be temporary records as defined in Idaho Code
31-871. This would allow the County to destroy the records after a two-year
period rather than the five-year or ten-year period as currently exists. The Uniform
Building Code published by the International Conference of Building Officials
and adopted by the State requires the retention of building plans and
specifications for at least 90 days after the completion of the permitted work.
Reclassification of non-commercial building plans and specifications as
temporary records after final inspection and approval would accommodate this
requirement and still provide homeowner protection for potential litigation for a
full two years.
The reclassification of building plans, specifications and applications, limits the
responsibility of the Counties to maintain obsolete records for the inordinate
period of five years required of semi-permanent records.
FISCAL IMPACT
None to the General Fund but a savings to the counties.
Contact
Name: Sen. Boatright
Phone: 332-1407
Tony Poinelli
345-9126
STATEMENT OF PURPOSE/FISCAL NOTE S1381