Public records-electronic mail.

WORKING DRAFT
2006
STATE OF
WYOMING
06LSO-0121

SENATE FILE
NO.
SF0004

Public records-electronic mail.

Sponsored by:
Management Council

A BILL

for

AN ACT relating to public records; providing for the disposition of specified transitory electronic mail; providing a definition; and providing for an effective date.

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

Section 1
.

W.S. 9
‑
2
‑
401(a) by creating a new paragraph (vi) and 9
‑
2
‑
412 are amended to read:

9
‑
2
‑
401.

Definitions.

(a)

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

(vi)

"Transitory electronic mail" means an electronic or "
e
-mail" message sent or received by an official or employee of a public office that constitutes a public record, but is an informal communication of temporary administrative information that has no enduring value and does not set office policies, establish guidelines or procedures, certify the transaction of public business or constitute a receipt. Examples of transitory electronic mail include preliminary communications relating to the scheduling of meetings, routine office announcements and notices, telephone call-back messages and informal messages.

9
‑
2
‑
412.

Destruction or disposition of public records; procedure.

(a)

Except as provided in subsection (b) of this section, p
ublic records of the state and political subdivisions shall be disposed of in accordance with W.S. 9
‑
2
‑
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 to arrange for its destruction or disposition.

(b)

Under supervision of the official custodian of public records defined by W.S. 16
‑
4
‑
201(a)(ii), an official or employee of a public office who is the sender or recipient of transitory electronic mail may delete or otherwise destroy on-site all records of the transitory electronic mail as soon as its purpose has been served.

Section 2.

This act is effective immediately upon co
m
pletion of all acts necessary for a bill to become law as provided by Article 4, Section 8 of the Wyoming Constit
u
tion.

(END)

1
SF0004