View Bill Status
View Bill Text
View Statement of Purpose / Fiscal Impact
H0048......................................................by STATE AFFAIRS MUNICIPAL RECORDS - Repeals and adds to existing law to provide for classification and retention of municipal records; to provide for designation, powers and responsibilities of municipal records management officers; to provide duties of city officials concerning municipal records; and to provide for retention of municipal records using photographic or digital media. 01/25 House intro - 1st rdg - to printing 01/26 Rpt prt - to St Aff 02/08 Rpt out - rec d/p - to 2nd rdg 02/09 2nd rdg - to 3rd rdg 02/10 3rd rdg - PASSED - 67-0-3 AYES -- Anderson, Andrus, Barraclough, Barrett, Bastian, Bayer, Bedke, Bell, Bilbao, Black, Block, Boe, Bolz, Bradford, Cannon, Chadderdon, Clark, Collins, Crow, Deal, Denney, Ellsworth, Eskridge, Field(18), Field(23), Garrett, Hart, Harwood, Henbest, Henderson, Jaquet, Jones, Kemp, Lake, LeFavour, Martinez, Mathews, McGeachin, McKague, Miller, Mitchell, Moyle, Nielsen, Nonini, Pasley-Stuart, Pence, Raybould, Ring, Ringo, Roberts, Rusche, Rydalch, Sali, Sayler, Schaefer, Shepherd(2), Shepherd(8), Shirley, Skippen, Smith(30), Smith(24), Smylie, Snodgrass, Stevenson, Trail, Wills, Wood NAYS -- None Absent and excused -- Edmunson, Loertscher, Mr. Speaker Floor Sponsor - Smylie Title apvd - to Senate 02/11 Senate intro - 1st rdg - to St Aff 02/28 Rpt out - rec d/p - to 2nd rdg 03/01 2nd rdg - to 3rd rdg 03/03 3rd rdg - PASSED - 34-0-1 AYES -- Andreason, Brandt, Broadsword, Bunderson, Burkett, Burtenshaw, Cameron, Coiner, Compton, Corder, Darrington, Davis, Gannon, Geddes, Goedde, Hill, Jorgenson, Kelly, Keough, Langhorst, Little, Lodge, Malepeai, Marley, McKenzie, Noble, Pearce, Richardson, Schroeder, Stegner, Stennett, Sweet, Werk, Williams NAYS -- None Absent and excused -- McGee Floor Sponsor - Darrington Title apvd - to House 03/04 To enrol 03/07 Rpt enrol - Sp signed 03/08 Pres signed 03/09 To Governor 03/11 Governor signed Session Law Chapter 41 Effective: 07/01/05
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-eighth Legislature First Regular Session - 2005 IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 48 BY STATE AFFAIRS COMMITTEE 1 AN ACT 2 RELATING TO MUNICIPAL RECORDS; REPEALING SECTIONS 50-907, 50-908, 50-909 AND 3 50-910, IDAHO CODE; AMENDING CHAPTER 9, TITLE 50, IDAHO CODE, BY THE ADDI- 4 TION OF A NEW SECTION 50-907, IDAHO CODE, TO PROVIDE FOR CLASSIFICATION 5 AND RETENTION OF MUNICIPAL RECORDS; AMENDING CHAPTER 9, TITLE 50, IDAHO 6 CODE, BY THE ADDITION OF A NEW SECTION 50-908, IDAHO CODE, TO PROVIDE FOR 7 DESIGNATION, POWERS AND RESPONSIBILITIES OF MUNICIPAL RECORDS MANAGEMENT 8 OFFICERS AND TO PROVIDE DUTIES OF CITY OFFICIALS CONCERNING MUNICIPAL 9 RECORDS; AND AMENDING CHAPTER 9, TITLE 50, IDAHO CODE, BY THE ADDITION OF 10 A NEW SECTION 50-909, IDAHO CODE, TO PROVIDE FOR RETENTION OF MUNICIPAL 11 RECORDS USING PHOTOGRAPHIC AND DIGITAL MEDIA. 12 Be It Enacted by the Legislature of the State of Idaho: 13 SECTION 1. That Sections 50-907, 50-908, 50-909 and 50-910, Idaho Code, 14 be, and the same are hereby repealed. 15 SECTION 2. That Chapter 9, Title 50, Idaho Code, be, and the same is 16 hereby amended by the addition thereto of a NEW SECTION, to be known and des- 17 ignated as Section 50-907, Idaho Code, and to read as follows: 18 50-907. CLASSIFICATION AND RETENTION OF MUNICIPAL RECORDS. (1) "Permanent 19 records" shall consist of: 20 (a) Adopted meeting minutes of the city council and city boards and com- 21 missions; 22 (b) Ordinances and resolutions; 23 (c) Building plans and specifications for commercial projects and govern- 24 ment buildings; 25 (d) Fiscal year-end financial reports; 26 (e) Records affecting the title to real property or liens thereon; 27 (f) Cemetery records of lot ownership, headstone inscriptions, interment, 28 exhumation and removal records, and cemetery maps, plot plans and surveys; 29 (g) Poll books, excluding optional duplicate poll books used to record 30 that the elector has voted, tally books, sample ballots, campaign finance 31 reports, declarations of candidacy, declarations of intent, and notices of 32 election; and 33 (h) Other documents or records as may be deemed of permanent nature by 34 the city council. 35 Permanent records shall be retained by the city in perpetuity, or may be 36 transferred to the Idaho state historical society's permanent records reposi- 37 tory upon resolution of the city council. 38 (2) "Semipermanent records" shall consist of: 39 (a) Claims, canceled checks, warrants, duplicate warrants, purchase 40 orders, vouchers, duplicate receipts, utility and other financial records; 41 (b) Contracts; 42 (c) Building applications for commercial projects and government build- 2 1 ings; 2 (d) License applications; 3 (e) Departmental reports; 4 (f) Bonds and coupons; and 5 (g) Other documents or records as may be deemed of semipermanent nature 6 by the city council. 7 Semipermanent records shall be kept for not less than five (5) years after the 8 date of issuance or completion of the matter contained within the record. 9 (3) "Temporary records" shall consist of: 10 (a) Building applications, plans, and specifications for noncommercial 11 and nongovernment projects after the structure or project receives final 12 inspection and approval; 13 (b) Cash receipts subject to audit; 14 (c) Election ballots and duplicate poll books; and 15 (d) Other documents or records as may be deemed of temporary nature by 16 the city council. 17 Temporary records shall be retained for not less than two (2) years, but in no 18 event shall financial records be destroyed until completion of the city's 19 financial audit as provided in section 67-450B, Idaho Code. 20 (4) Semipermanent and temporary records may only be destroyed by resolu- 21 tion of the city council, and upon the advice of the city attorney. Such dis- 22 position shall be under the direction and supervision of the city clerk. The 23 resolution ordering destruction shall list in detail records to be destroyed. 24 Prior to destruction of semipermanent records, the city clerk shall provide 25 written notice, including a detailed list of the semipermanent records pro- 26 posed for destruction, to the Idaho state historical society thirty (30) days 27 prior to the destruction of any records. 28 (5) Prior to January 1, 2007, each city council shall adopt by resolution 29 a records retention schedule, listing the various types of city records and 30 the retention period for each type of record. 31 SECTION 3. That Chapter 9, Title 50, Idaho Code, be, and the same is 32 hereby amended by the addition thereto of a NEW SECTION, to be known and des- 33 ignated as Section 50-908, Idaho Code, and to read as follows: 34 50-908. DESIGNATION, POWERS AND RESPONSIBILITIES OF MUNICIPAL RECORDS 35 MANAGEMENT OFFICERS -- DUTIES OF CITY OFFICIALS CONCERNING RECORDS. (1) The 36 city clerk shall serve as the municipal records manager in each city, and each 37 department may designate a department records manager who reports to the city 38 clerk. The municipal records manager shall supervise the administration of 39 city records, including: 40 (a) Ensuring the orderly and efficient management of municipal records in 41 compliance with state and federal statutes and regulations and city ordi- 42 nances, resolutions and policies; 43 (b) Identification and appropriate administration of records of enduring 44 value for historical or other research; 45 (c) Overseeing retention and destruction of municipal records as directed 46 by state and federal statutes and regulations and city ordinances, resolu- 47 tions and policies; and 48 (d) Coordinating transfer of permanent records to the Idaho state histor- 49 ical society's permanent records repository, with the assistance of the 50 state archivist. 51 (2) All city officials, elected, appointed and staff, shall: 52 (a) Protect the records in their custody; 53 (b) Cooperate with the municipal records manager on the orderly and effi- 3 1 cient management of records including identification and management of 2 inactive records and identification and preservation of records of endur- 3 ing value; and 4 (c) Pass on to their successor records necessary for the continuing con- 5 duct of city business. 6 All city records are property of the city, and no city official, elected, 7 appointed or staff, shall have any personal or property right to such records 8 even though he or she may have developed or compiled them. The unauthorized 9 destruction or removal of city records is prohibited. 10 SECTION 4. That Chapter 9, Title 50, Idaho Code, be, and the same is 11 hereby amended by the addition thereto of a NEW SECTION, to be known and des- 12 ignated as Section 50-909, Idaho Code, and to read as follows: 13 50-909. RETENTION OF CITY RECORDS USING PHOTOGRAPHIC AND DIGITAL MEDIA. 14 (1) A city officer may reproduce and retain documents in a photographic, dig- 15 ital or other nonpaper medium. The medium in which a document is retained 16 shall accurately reproduce the document in paper form during the period for 17 which the document must be retained and shall preclude unauthorized alteration 18 of the document. 19 (2) If the medium chosen for retention is photographic, all film used 20 must meet the quality standards of the American national standards institute 21 (ANSI). 22 (3) If the medium chosen for retention is digital, the medium must pro- 23 vide for reproduction on paper at a resolution of at least two hundred (200) 24 dots per inch. 25 (4) A document retained by the city in any form or medium permitted under 26 this section shall be deemed an original public record for all purposes. A 27 reproduction or copy of such a document, certified by the city clerk, shall be 28 deemed to be a transcript or certified copy of the original and shall be 29 admissible before any court or administrative hearing. 30 (5) Once a paper document is retained in a nonpaper medium as authorized 31 by this section, the original paper document may be disposed of or returned to 32 the sender, except in the case of "permanent" records, as defined in section 33 50-907, Idaho Code. Paper originals of permanent records shall be retained by 34 the city in perpetuity, or may be transferred to the Idaho state historical 35 society's permanent records repository upon resolution of the city council. 36 (6) Whenever any record is reproduced by photographic or digital process 37 as herein provided, it shall be made in duplicate, and the custodian thereof 38 shall place one (1) copy in a fire-resistant vault, or off-site storage facil- 39 ity, and he shall retain the other copy in his office with suitable equipment 40 for displaying such record at not less than original size and for making cop- 41 ies of the record.
STATEMENT OF PURPOSE RS 14654 This legislation updates and clarifies the city records retention laws found in Idaho Code 50-907 through 50-910. The legislation keeps the current classifications of "permanent," "semipermanent," and "temporary" records, but provides that permanent records (including minutes, ordinances, and resolutions) are to be kept indefinitely and may not be destroyed (but instead may be transferred to the state archives). Currently, the law requires permanent records to be retained for at least 10 years. The legislation also provides that each city must adopt a records retention schedule, listing the various types of city records and the retention period for each type of record, by January 1, 2007. The legislation provides that the City Clerk is the Municipal Records Manager in each city, with the primary responsibilities of overseeing maintenance and destruction of city records, identifying records of historical significance, and coordinating transfer of permanent records to the Idaho State Historical Society. The legislation also provides that city officials have a responsibility to protect the records in their custody, and that no city official has any personal right to possess or destroy city records. The legislation clarifies the process for photographic or digital preservation of city records. Once a paper document is retained in a photographic or digital medium, the original paper document may be destroyed or returned to the sender, with the exception of permanent records. Original paper documents of permanent records preserved via photographic or digital media must be retained by the city indefinitely or may be transferred to the Idaho State Historical Society. FISCAL NOTE No fiscal impact for the state or cities. Contact Name: Rep. Steve Smylie Phone: 208-332-1000 Name: Sen. Denton Darrington Phone: 208-332-1317 Name: Justin Ruen Agency: Assn. of Idaho Cities Phone: 208-344-8594 STATEMENT OF PURPOSE/FISCAL NOTE H 48