Report Title:

Government Records

 

Description:

Requires government agencies to file and comply with a retention schedule of government records.  Clarifies the definition of government record.

 


HOUSE OF REPRESENTATIVES

H.B. NO.

1597

TWENTY-FIFTH LEGISLATURE, 2009

 

STATE OF HAWAII

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO GOVERNMENT RECORDS.

 

 

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

 


     SECTION 1.  The legislature finds that policies that state agencies have in place regarding retention of government records are presently voluntary.  Some agencies are unaware of their retention schedule policies, and such schedules are often not followed.

     The purpose of this Act is to require government agencies and custodians of records to follow and comply with records retention policies and procedures.

     SECTION 2.  Chapter 94, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§94‑    Retention of records.  (a)  Each government agency subject to chapter 92, having the care and custody of any government records shall submit to the comptroller a schedule for retention of records.

     (b)  Every government agency subject to chapter 92 shall comply with its respective schedule for retention of records.

     (c)  No disposal of government records shall proceed under section 94-3 that commences sooner than the time for retention provided in the schedule of retention under subsection (a), as may be amended by the comptroller."

     SECTION 3.  Section 92F-3, Hawaii Revised Statutes, is amended by amending the definition of "government record" to read as follows:

     ""Government record" means [information maintained] all documents, papers, letters, maps, books (except books in formally organized libraries), microfilm, magnetic tape, electronic mail, or other material, that is held, possessed, retained, stored, or administratively controlled in any way by an agency in written, auditory, visual, electronic, or other physical form[.], including information that is submitted to an agency pursuant to law, rule, or procedure of the agency, whether or not the agency accepts the information as valid."

     SECTION 4.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 5.  This Act shall take effect upon its approval.

 

INTRODUCED BY:

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