General Assembly Raised Bill No. 5398
February Session, 2012 LCO No. 1779
*01779_______GAE*
Referred to Committee on Government Administration and Elections
Introduced by:
(GAE)
General Assembly
Raised Bill No. 5398
February Session, 2012
LCO No. 1779
*01779_______GAE*
Referred to Committee on Government Administration and Elections
Introduced by:
(GAE)
AN ACT MODIFYING RECORDS RETENTION REQUIREMENTS FOR CERTAIN RECORDS IN ELECTRONIC FORM.
Be it enacted by the Senate and House of Representatives in General Assembly convened:
Section 1. Section 11-8a of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2012):
(a) The State Librarian shall, in the performance of his duties pursuant to section 11-8, consult with the Attorney General, the Probate Court Administrator and the chief executive officers of the Connecticut Town Clerks Association and the Municipal Finance Officers Association of Connecticut, or their duly appointed representatives.
(b) The State Librarian may require each such state agency, or each political subdivision of the state, including each probate district, to inventory all books, records, papers and documents under its jurisdiction and to submit to him for approval retention schedules for all such books, records, papers and documents, or he may undertake such inventories and establish such retention schedules, based on the administrative need of retaining such books, records, papers and documents within agency offices or in suitable records centers. Each agency head, and each local official concerned, shall notify the State Librarian of any changes in the administrative requirements for the retention of any book, record, paper or document subsequent to the approval of retention schedules by the State Librarian.
(c) If the Public Records Administrator and the State Archivist determine that certain books, records, papers and documents which have no further administrative, fiscal or legal usefulness are of historical value to the state, the State Librarian shall direct that they be transferred to the State Library. If the State Librarian determines that such books, records, papers and documents are of no administrative, fiscal, or legal value, and the Public Records Administrator and State Archivist determine that they are of no historical value to the state, the State Librarian shall approve their disposal, whereupon the head of the state agency or political subdivision shall dispose of them as directed by the State Librarian.
(d) The State Librarian may establish and carry out a program of inventorying, repairing and microcopying for the security of those records of political subdivisions of the state which he determines to have permanent value; and he may provide safe storage for the security of such microcopies of such records. The State Librarian shall establish guidelines for the transfer of records of political subdivisions of the state having permanent value into electronic format and for the safe storage of such records.
(e) The State Library Board may transfer any of the books, records, documents, papers, files and reports turned over to the State Librarian pursuant to the provisions of this section and section 11-4c. The State Library Board shall have sole authority to authorize any such transfers. The State Library Board shall adopt regulations pursuant to chapter 54 to carry out the provisions of this subsection.
(f) Each state agency shall cooperate with the State Librarian to carry out the provisions of this section and shall designate an agency employee to serve as the records management liaison officer for this purpose.
Sec. 2. Section 11-8b of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2012):
All public records, as [defined] described in section 11-8 or section 11-8a, as amended by this act, or other such records, created by public offices, are the property of the agency concerned and shall not be removed, destroyed, mutilated, transferred or otherwise damaged or disposed of, in whole or in part, except as provided by law or under the [rules and] regulations adopted by the State Library Board pursuant to the provisions of chapter 54. Such public records shall be delivered by outgoing officials and employees to their successors and shall not be otherwise removed, transferred, or destroyed unlawfully.
Sec. 3. Section 7-109 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2012):
(a) Any official, board or commissioner of a municipality may, with the approval of the chief administrative officer of such municipality and of the Public Records Administrator, destroy any document in his or its custody relating to any matter which has been disposed of and of which no record is required by law to be kept, after such document has been held for the period of time specified in a retention schedule adopted by the Public Records Administrator. The tax collector may, with like approval, destroy any duplicate record receipt book, duplicate tax receipts or rate bills, at a time specified by the Public Records Administrator. The provisions of section 12-151 requiring the retention of duplicate tax receipts as permanent records shall not apply in the case of such receipts destroyed as provided in this section. The tax collector may, with like approval, destroy any old age assistance or personal tax records. The town clerk may, with like approval, destroy any liquor permit, any corporation annual report, any registration list of motor vehicles, any voting check list, any tax list or abstract, any tax lien, release of tax lien, attachment or any original document lodged with him for record, of which the proper owner or owners are not known to him, and which has remained in his office uncalled for, at a time specified by the Public Records Administrator. In lieu of destroying any document, under any provision of this section, any official, board or commissioner of a municipality may, with like approval, deposit the same in the custody of any society incorporated or organized under the laws of this state exclusively for historical or educational purposes; provided all documents so deposited shall be maintained and made available by such society for the use of the public. No original document dated prior to the year 1900 shall be destroyed under the provisions of this section without the express written approval of the Public Records Administrator.
(b) The Public Records Administrator shall permit a municipality to dispose of any municipal record that is required under the retention schedule to be retained for more than ten years after ten years have elapsed, provided the municipality has retained such record electronically using a method approved by the Public Records Administrator.
This act shall take effect as follows and shall amend the following sections:
Section 1 October 1, 2012 11-8a
Sec. 2 October 1, 2012 11-8b
Sec. 3 October 1, 2012 7-109
This act shall take effect as follows and shall amend the following sections:
Section 1
October 1, 2012
11-8a
Sec. 2
October 1, 2012
11-8b
Sec. 3
October 1, 2012
7-109
Statement of Purpose:
To permit municipalities to retain an electronic copy of certain records rather than requiring the retention of a paper copy for more than ten years.
[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]