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H0765......................................................by STATE AFFAIRS
CITY RECORDS - Amends existing law relating to public records to permit the
disposal of city records less than ten years old under conditions
specified.
02/25 House intro - 1st rdg - to printing
02/26 Rpt prt - to Loc Gov
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-seventh Legislature Second Regular Session - 2004
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 765
BY STATE AFFAIRS COMMITTEE
1 AN ACT
2 RELATING TO PUBLIC RECORDS; AMENDING SECTION 50-907, IDAHO CODE, TO REFERENCE
3 RETENTION IN ACCEPTABLE MEDIA; AND AMENDING SECTION 50-908, IDAHO CODE, TO
4 PERMIT THE DISPOSAL OF CITY RECORDS THAT ARE LESS THAN TEN YEARS OLD UNDER
5 CONDITIONS SPECIFIED AND TO MAKE TECHNICAL CORRECTIONS.
6 Be It Enacted by the Legislature of the State of Idaho:
7 SECTION 1. That Section 50-907, Idaho Code, be, and the same is hereby
8 amended to read as follows:
9 50-907. CLASSIFICATION AND RETENTION OF RECORDS. (a) "Permanent records"
10 shall consist of, but not be limited to the following: proceedings of the gov-
11 erning body, ordinances, resolutions, building plans and specifications, bond
12 register, warrant register, budget records, general ledger, cash books and
13 records affecting the title to real property or liens thereon, cemetery
14 records, and all other documents or records as may be deemed of permanent
15 nature by the governing body. Permanent records shall be retained for not less
16 than ten (10) years in acceptable media as contemplated in this chapter.
17 (b) "Semipermanent records" shall consist of, but not be limited to the
18 following: claims, contracts, warrants, duplicate warrants, license applica-
19 tions, building applications, departmental reports, purchase orders, vouchers,
20 duplicate receipts, bonds and coupons, registration and other election
21 records, utility and other financial records. Semipermanent records shall be
22 kept for five (5) years after date of issuance or completion of the matter
23 contained within the record in acceptable media as contemplated in this chap-
24 ter.
25 (c) "Temporary records" shall consist of, but not be limited to the fol-
26 lowing: correspondence not related to subsections (a) and (b) of this section;
27 cash receipts subject to audit; and such other records as may be deemed tempo-
28 rary by the city council.
29 (d) Records may only be destroyed by resolution of the city council after
30 regular audit. Resolution ordering destruction must list in detail records to
31 be destroyed. Such disposition shall be under the direction and supervision of
32 the city clerk.
33 SECTION 2. That Section 50-908, Idaho Code, be, and the same is hereby
34 amended to read as follows:
35 50-908. MANNER OF COPYING RECORDS, DOCUMENTS -- DISPOSITION OF ORIGINALS.
36 (a) Whenever any officer of a city is required or authorized, by law, to
37 record, copy, file, recopy or replace any document, plat, paper, written
38 instrument or book, on file or on record in his office, he may do so by photo-
39 static, photographic, microphotographic, microfilm, optical scan, or other
40 process which produces a clear, accurate and permanent copy or reproduction of
41 the original document in accordance with standards not less than those now
2
1 approved for permanent records by the American national standards institute
2 (ANSI).
3 (b) Whenever any record or document is copied or reproduced by microfilm
4 or other process as herein provided, it shall be made in duplicate, and the
5 custodian thereof shall place one (1) copy in a fireproof vault or fireproof
6 storage place, and he shall retain the other copy in his office with suitable
7 equipment for displaying such record by projection to not less than original
8 size, or for preparing for persons entitled thereto copies of the record or
9 document.
10 (c) Any such document, plat, paper, written instrument or book reproduced
11 as provided in this section, the original of which is not less than ten (10)
12 years old, may be disposed of only upon order of the governing body and the
13 reproductions substituted therefor as public records; provided, however, that
14 written notice be given on "permanent records" to the Idaho Sstate Hhistorical
15 Ssociety sixty (60) days prior to the disposal of any such original.
STATEMENT OF PURPOSE
RS 14160C1
This bill will clarify Idaho law relating to disposition of
documents, plats, papers, written documents, instruments or books
reproduced as provided in Idaho Code 50-908. Currently, the law
provides that cities must retain originals of microfilmed or
electronically preserved documents for at least ten years. This
bill would remove the ten year limitation and allow originals of
microfilmed or electronically preserved records to be destroyed
upon resolution of the city council and approval by the Idaho
State Historical Society.
FISCAL IMPACT
There is no fiscal impact to the State, and fiscal impact would
be positive for cities.
Contact
Name: Rep. Janet Miller
Sen. Elliot Werk
Sen. Tom Gannon
Phone: 208/332-1000
Name: Annette Mooney, City Clerk, City of Boise
Phone: 208/384-3707
STATEMENT OF PURPOSE/FISCAL NOTE H 765