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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