Public records management.

WORKING DRAFT
2005
STATE OF WYOMING
05LSO-0624.E1

HOUSE BILL
NO.
HB0270

Public records management.

Sponsored by:
Representative(s) Miller, Alden and Pedersen

A BILL

for

AN ACT relating to public records; authorizing the preservation of specified public records using appropriate technology; providing definitions; and providing for an effective date.

Be It Enacted by the Legislature of the State of Wyoming:

Section 1.
W.S. 5
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7
‑
103, 9
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2
‑
401(a)(v), 9
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2
‑
406(a)(vii), 9
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2
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407(a), 9
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2
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412, 9
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2
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413(a), (d) and (e), 16
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4
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201(a)(v), 18
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3
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402(a)(vi)(B), 21
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3
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117(a)(ii), 29
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6
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206(b)(i) and 34
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21
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1102(a)(i) are amended to read:

5
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7
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103.

Filing, preserving and use of papers;
appropriate
technology permitted
.

The clerk shall file together and carefully preserve in his office, all papers delivered to him for that purpose in every action or proceeding. He shall not permit the papers to be taken from his office except to be used at a session of the court or upon legal process, and he shall be liable upon his official bond to the party suffering injury on account of any violation of this section. This section shall not apply to matters in probate. Upon the order of the judge of the district, the clerk may transmit by express or registered mail to an attorney of the state appearing in the action or proceeding, who resides in a different county or away from the county seat, such original files as are not represented by copies in the clerk's office, and the clerk shall take the attorney's receipt for each paper in each case. Nothing in this section shall limit or prohibit the clerk from microfilming
or converting
papers
through
appropriate
technology
in his office, disposing of the originals in accordance with W.S. 9
‑
2
‑
411 and retaining the official microfilm
or converted record
in lieu of the original papers pursuant to W.S. 9
‑
2
‑
413.

9
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2
‑
401.

Definitions.

(a)

As used in W.S. 9
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2
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401 through 9
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2
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415:

(v)

"Public record" includes the original and all copies of any paper, correspondence, form, book, photograph, photostat, film, microfilm, sound recording, map, drawing or other document
converted using
appropriate
technology
, regardless of physical form or characteristics, which have been made or received in transacting public business by the state, a political subdivision or an agency of the state.

9
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2
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406.

Director; management of public records.

(a)

The director shall properly manage and safely keep all public records in his custody, and administer the state archives. He shall:

(vii)

Establish and operate a central microfilm
or conversion technology
division in which all memoranda, writing, entry, print, representation or combination thereof, of any act, transaction, occurrence or event, may be microfilmed
or converted using appropriate technology available
. The division shall microfilm
or convert
public records approved
for filming
by the head of the office of origin and by the director, and shall establish standards for microfilming
and converting these records using appropriate technology available
. All state departments, agencies and subdivisions of the state government and all counties, municipalities and political subdivisions thereof shall consult with the director prior to microfilming
or converting public records
within the departments, agencies or political subdivisions and shall comply with the standards for all microfilming
and converting
established by the central microfilm
and conversion technology
division. The central microfilm
and conversion technology
division may microfilm
or convert
records which are required to be kept a specified length of time or permanently, or to be destroyed by specific methods or under specific supervision. When records are microfilmed
or converted using appropriate technology
, the microfilm
or converted record

may be substituted for the original documents and retained in lieu of the original documents and the original documents may be destroyed;

9
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2
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407.

Director; duties regarding public records in his custody.

(a)

The director shall collect, arrange and make available to the public at reasonable times in his office in original form, copies or microfilm copies or negatives,
or records converted using appropriate technology,
all records in his custody not restricted by law, including official records of the state and its political subdivisions, of the United States or of foreign nations. He is the legal custodian of all public records in the custody of the Wyoming parks and cultural resources commission.

9
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2
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412.

Destruction or disposition of public records; procedure.

Public records of the state and political subdivisions shall be disposed of in accordance with W.S. 9
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2
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411. The records committee may approve a departmental written request upon proper and satisfactory showing that the retention of certain records for a minimum period of ten (10) years is unnecessary and uneconomical. Recommendations for the destruction or disposition of office files and memoranda shall be submitted to the records committee upon approved forms, prepared by the records officer of the agency concerned and the director. The committee shall determine the period of time that any office file or memorandum shall be preserved and may authorize the division of archives, records management and centralized microfilm
and conversion technology
to arrange for its destruction or disposition.

9
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2
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413.

Reproduction of public records of political subdivisions.

(a)

Subject to this section and with the approval of the governing body of the political subdivision, any department, agency, board or individual of any political subdivision may record or copy by any microfilming, microphotographic, photographic, photostatic
,

or other
permanent reproductive device
or conversion using appropriate technology
any public record which the department, agency, board or individual of the political subdivision records, keeps, retains, or is by law, rule or regulation required to record, keep or retain for a period of years or permanently. The microfilm, microphotograph, photograph, photostat
,

or other
permanent reproduction
or other conversion using appropriate technology
is deemed the original or official copy of the public record so reproduced for all purposes. If any department, agency, board or individual of any political subdivision is required to record any writing or document in books or on other forms, recording done directly onto microfilm, microphotograph
,

or other
permanent storage medium
or conversion using appropriate technology
in lieu of the other required form of recordation constitutes compliance with the requirement. A master negative of microfilm
,

or
microphotographs
or conversion using appropriate technology
shall be made whenever any process is used to reproduce public records with the intent of disposing of the original or copies of the original. The master negative
or converted record
shall be sent to the director. One (1) copy of all master negatives
or converted record
shall be retained by the governmental entity or officer having custody of the writings or papers thus recorded or copied as the official copy.

(d)

If the original documents are disposed of as allowed by law, the set of official microfilm
or converted records
retained by the local governmental entity or official shall be stored in a safe place and protected from destruction. The official microfilm
or converted records
shall be available to the public for inspection in the same manner as the original documents would have been, and
sufficient microfilm and microphotographic readers
the appropriate technology
or other suitable devices shall be available to the public to permit inspection.

(e)

The clerk of district court shall not microfilm, microphotograph, photograph, photostat
, convert using appropriate technology
or otherwise reproduce, for official record purposes, the files of any action or proceeding kept in his office until two (2) years have lapsed since the initial filing in the action or proceeding. The clerk of district court may make certified or other copies of documents in his office for individuals or officials.

16
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4
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201.

Definitions.

(a)

As used in this act:

(v)

"Public records" when not otherwise specified includes the original and copies of any paper, correspondence, form, book, photograph, photostat, film, microfilm, sound recording, map drawing or other document,
or any other record converted using appropriate technology
regardless of physical form or characteristics that have been made by the state of Wyoming and any counties, municipalities and political subdivisions thereof and by any agencies of the state, counties, municipalities and political subdivisions thereof, or received by them in connection with the transaction of public business, except those privileged or confidential by law;

18
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3
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402.

Duties generally.

(a)

The county clerk shall:

(vi)

Have custody and keep all books, records, deeds, maps, papers and copies thereof deposited or kept in his office as required by law. All deeds, mortgages, and other instruments in writing authorized by law to be recorded or filed in his office and left in his office shall be:

(B)

Recorded on microfilm, microcards or other permanent record retention medium
or otherwise converted using appropriate technology
. All reproduction processes shall be instituted and used pursuant to W.S. 9
‑
2
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413. Maps may either be recorded as herein provided or if the copying is unlikely to provide a satisfactory record, the county clerk may keep the originals or tracings thereof, undamaged and unfolded and make prints available for public use.

21
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3
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117.

Duties of clerk of school district.

(a)

The clerk of each school district within the state shall:

(ii)

Cause to be filed copies of all reports made to the state superintendent and all papers transmitted to him by school officers or other persons pertaining to the business of the district. After two (2) years have elapsed from the date of filing, microfilm copies
or copies made using appropriate technology
may be treated as originals;

29
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6
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206.

Duties of filing officer.

(b)

If a certificate of release, nonattachment, discharge or subordination of any lien is presented to the secretary of state for filing he shall:

(i)

Cause a certificate of release or nonattachment to be marked, held and indexed as if the certificate were a termination statement within the meaning of the Uniform Commercial Code and maintain a permanent record of the notice of the lien in the file or on microfilm
,

or
by other photographic means
or by appropriate technology
; and

34
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21
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1102.

Central filing system; establishment.

(a)

The secretary of state shall establish and operate a central filing system for effective financing statements. The system shall provide a means for filing effective financing statements or notices of such financing statements on a statewide basis. The system shall include requirements that:

(i)

An effective financing statement or notice of a financing statement shall be filed in the office of the secretary of state. A debtor's residence is presumed to be the residence shown on the filing. The validity of the filing is not affected if the residence indicated is improper or inaccurate. The secretary of state shall mark the statement or notice with a consecutive file number and the date and hour of filing and shall hold the statement or notice or a microfilm
,

or
other photographic
or appropriate technology converted
copy thereof for public inspection. In addition, the secretary of state shall index the statements and notices according to the name of the debtor and shall note in the index the file number and the address of the debtor given in the statement;

Section 2.

This act is effective July 1, 2005.

(END)

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HB0270