Bill Text: HI SB997 | 2013 | Regular Session | Amended
Bill Title: State Archives; Preservation; Electronic Records
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2013-06-03 - Act 088, on 5/31/2013 (Gov. Msg. No. 1188). [SB997 Detail]
Download: Hawaii-2013-SB997-Amended.html
|
THE SENATE |
S.B. NO. |
997 |
|
TWENTY-SEVENTH LEGISLATURE, 2013 |
S.D. 2 |
|
|
STATE OF HAWAII |
|
|
|
|
|
|
|
|
||
|
|
||
A BILL FOR AN ACT
RELATING TO PUBLIC ARCHIVES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Chapter 94, Hawaii Revised Statutes, is amended by adding three new sections to be appropriately designated and to read as follows:
"§94- Definitions. For the purposes of this chapter, unless the context clearly indicates otherwise:
"Disposition" means actions resulting in the transfer to the state archives or destruction of records as documented in the records retention and disposition schedule or other authority.
"Enduring value" means the continued significance of records determined by their legal, fiscal, administrative, or historical value that warrants their preservation by the state archives.
"Preservation" means a series of managed activities necessary to protect machine readable records from loss, alteration, deterioration, and technological obsolescence to ensure an accurate rendering of those records in perpetuity in an environment independent from that which produced them.
"Records" means information with fixed form and content, regardless of physical form or characteristics, created or received in the course of government activity and set aside as evidence of that activity. In databases, "records" mean a collection of related data fields.
"Records retention and disposition schedule" means a records disposition authorization (form SA-1) or general records schedule issued by the state comptroller, pursuant to section 94-3.
§94- The state archivist. The department of accounting and general services shall fulfill its responsibilities for the public archives through the state archivist. The state archivist shall:
(1) Administer the state archives, records management, and digital archives programs and facilities;
(2) Advise and assist state agencies in the preparation of retention and disposition schedules for government records; and provide records management training and technical assistance services to agencies;
(3) Issue guidelines and standards, including those applicable to computer hardware and software, for the preservation of government records maintained by state record keeping systems, including but not limited to digital imaging processes for scanning of records and technology for creating and storing electronic records;
(4) Adopt rules as may be necessary for the acquisition, maintenance, access, and preservation of government records, as well as the use of records or other materials, in the custody of the state archives; and
(5) Request and obtain an electronic copy of any government record of enduring value currently in digital format into the digital archives to ensure the long-term preservation of the record.
§94- State archives preservation and long-term access special fund; state archives preservation fee. (a) There shall be established in the state treasury the state archives preservation and long-term access special fund for the preservation and long-term access to government records.
(b) All revenues collected from fees for services provided by the state archives shall be deposited in the state archives preservation and long-term access special fund and be expended by the comptroller to carry out the purposes of this section, including funding for staff positions and for administrative and operational costs of the program. All interest earned or accrued on moneys deposited in the fund shall become part of the fund.
(c) In addition to any other fee authorized by law, a state archives preservation fee of $1 shall be assessed for each document that is filed or registered by members of the public with a governmental entity and listed on an authorized records retention and disposition schedule as permanent. The preservation fee shall be collected and deposited in the state archives preservation and long-term access special fund and used to preserve and keep accessible electronic records of such documents in a useable state for the good of the public."
SECTION 2. Section 94-1, Hawaii Revised Statutes, is amended to read as follows:
"§94-1
Duties of department. The department of accounting and general services
shall collect all public archives; preserve, arrange, [classify,]
describe, and inventory the same; provide for their safekeeping; and
compile and furnish information concerning them. The department may adopt and
use a seal and may adopt, amend, or revise from time to time such rules and
regulations as it may consider expedient for the conduct of its business."
SECTION 3. Section 94-3, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) Each
public officer, except public officers of the judiciary and the legislative
branch of government, having the care and custody of any government records
shall submit to the state comptroller a list of records for [disposal,] disposition
authorization, which shall include the name of the office, department, or
bureau, the [subject] description of the records for disposal [and],
the inclusive dates of the records[.], and the retention period. The
comptroller shall determine the disposition of the records; stating whether the
records should be retained by the office, department, or bureau; be transferred
to the [public] state archives, [the University of Hawaii, the
Hawaiian Historical Society,] or other agency; or be destroyed. The
comptroller shall have full power of disposal of all records submitted for this
purpose. The [records] disposition authorization of all records
[disposed of], including lists submitted by the public officers, and the
action taken by the comptroller, shall be kept on proper forms, specified by
the comptroller, one copy of which shall be filed in the office, department, or
bureau where the records originated, one copy shall be filed in the office of
the attorney general, and the original shall be filed in the [public] state
archives."
SECTION 4. Section 94-4, Hawaii Revised Statutes, is amended to read as follows:
"§94-4 Certificate
to same. The comptroller of the State and the state archivist or
other officer performing the duties of state archivist or custodian of
the [public] state archives are severally authorized and
empowered to certify, as true and correct, copies or reproductions of any of
the [books,] documents, papers, writings, or other government
records, or excerpts therefrom in their custody. Fees for copying,
certification, and other services shall be prescribed by the comptroller in
direct relation to the cost of the services.
The above fees shall not be charged where the work involved is required by any department or branch of the federal, state, or county governments."
SECTION 5. Section 94-2, Hawaii Revised Statutes, is repealed.
["§94-2
Sale of duplicate government publications. The department of
accounting and general services may determine and from time to time revise
prices to be charged and collected by the department for the sale of duplicate
publications in its possession. The funds realized under this section shall be
paid into the treasury of the State as general fund realizations."]
SECTION 6. Section 94-6, Hawaii Revised Statutes, is repealed.
["§94-6 Studies. Within ten days following the initiation of any
study to be done on a contractual basis by the State or one of its political
subdivisions, or any agency thereof, the initiating department or agency shall
notify the state archivist of the initiation of the study in the form of notice
prescribed by the archivist.
The archivist
shall maintain a complete and current index of all studies so initiated and
shall, at least semi-annually send current copies of this index to the
governor, the mayors of the respective counties, the legislative reference
bureau and the legislative auditor.
The archivist
may at any time request that a copy of any study or portion of a study be
deposited with the archives and this request shall be complied with by the
department or agency initiating the study.
This section
shall apply to all studies of whatever nature; provided, however, that to the
extent that the governor or mayor of any county initiating a study determines
that compliance with any portion of this section would be contrary to the
public interest they may waive compliance with respect to any study initiated under
their jurisdiction."]
SECTION 7. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 8. This Act shall take effect on July 1, 2050.
Report Title:
State Archives; Preservation; Electronic Records
Description:
Clarifies the duties of the State Archivist to enable the department of accounting and general services to address the management of the digital archives and protection of electronic records of enduring value and to establish the State Archives Preservation and Long-Term Access Special Fund. Effective 07/01/2050. (SD2)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
