REPORT TITLE:
Record Management


DESCRIPTION:
Creates a records management fee surcharge on civil cases.  (SD1)

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        902
THE SENATE                              S.B. NO.           S.D. 1
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
________________________________________________________________
________________________________________________________________


                   A  BILL  FOR  AN  ACT

RELATING TO RECORDS MANAGEMENT SERVICES.



BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 1      SECTION 1.  The legislature finds that filed legal documents
 
 2 become records that are required to be maintained by the court.
 
 3 These records require storage from two years to perpetuity.  The
 
 4 court incurs costs for storage, retrieval, and conversion of
 
 5 documents to imaged media.
 
 6      The purpose of this Act is to provide an additional source
 
 7 of funding for records storage and conversion services through
 
 8 the creation of a records management fee surcharge on civil
 
 9 cases.
 
10      SECTION 2.  Chapter 607, Hawaii Revised Statutes, is amended
 
11 by adding a new section to be appropriately designated and to
 
12 read as follows:
 
13      "607-    Surcharge for records management services.  (a)
 
14 In addition to the costs and fees prescribed in section 607-5,
 
15 any person in a civil action in the circuit court who is required
 
16 to pay an initial filing fee shall pay an additional surcharge of
 
17 $5 at the time of the person's initial filing.  Initial filings
 
18 for which this surcharge shall be assessed include:
 
19      (1)  Complaints, petitions, interventions, applications for
 

 
Page 2                                                     902
                                     S.B. NO.           S.D. 1
                                                        
                                                        

 
 1           special proceedings, and answers containing one or more
 
 2           cross-claims or counter-claims; and
 
 3      (2)  Third party complaints, but shall not include post-
 
 4           judgment civil processes.
 
 5      (b)  In addition to the costs and fees prescribed in section
 
 6 607-4, any person who files an action for summary possession in
 
 7 the district court shall pay an additional surcharge of $5 at the
 
 8 time of initial filing.  Any person in a civil action in the
 
 9 supreme court who is required to pay an initial filing fee also
 
10 shall pay an additional surcharge of $5 at the time of the
 
11 person's filing.  No surcharge shall be assessed against:
 
12      (1)  Small claims cases;
 
13      (2)  Petitions for temporary restraining orders;
 
14      (3)  Injunction against harassment;
 
15      (4)  Any party who has received the court's permission to
 
16           proceed in forma pauperis; or
 
17      (5)  Any party proceeding on behalf of a county or the
 
18           State.
 
19 Surcharges subject to this section shall be limited to one
 
20 payment per party.
 
21      (c)  There is established within the state treasury a
 
22 revolving fund to be known as the records management revolving
 
23 fund, which shall be administered by the judiciary.  The funds
 

 
Page 3                                                     902
                                     S.B. NO.           S.D. 1
                                                        
                                                        

 
 1 raised under subsections (a) and (b) shall be transmitted to the
 
 2 administrative director of the courts and deposited in the
 
 3 records management revolving fund.
 
 4      (d)  The fund shall be used for:
 
 5      (1)  Records storage; and
 
 6      (2)  The purchase of hardware and software to enhance the
 
 7           capability of imaging and storing records.
 
 8      (e)  The fund may be used for other expenses relating to
 
 9 records management services.
 
10      (f)  No moneys in the records management revolving fund
 
11 shall revert to the general fund."
 
12      SECTION 3.  New statutory material is underscored.
 
13      SECTION 4.  This Act shall take effect on July 1, 1999.