2000 Legislation
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SENATE BILL NO. 1381 – County records/certain/reclassified


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Daily Data Tracking History

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,
      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

Bill Text

  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-fifth Legislature                  Second Regular Session - 2000
                                       IN THE SENATE
                                    SENATE BILL NO. 1381
  1                                        AN ACT
  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.
  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 / Fiscal Impact

                STATEMENT OF PURPOSE 
     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. 
     Name: Sen. Boatright
     Phone: 332-1407 
          Tony Poinelli
                                             STATEMENT OF PURPOSE/FISCAL NOTE                       S1381