A4329

An Act concerning public records and amending P.L.1953, c.410.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. Section 2 of P.L.1953, c.410 (C.47:3-16) is amended to read as follows:

2. As used in this act, except where the context indicates otherwise, the words "public records" mean any paper, written or printed book, document or drawing, map or plan, photograph, microfilm, data processed or image processed document, sound-recording or similar device, or any copy thereof which has been made or is required by law to be received for filing, indexing, or reproducing by any officer, commission, agency or authority of the State or of any political subdivision thereof, including subordinate boards thereof, or that has been received by any such officer, commission, agency or authority of the State or of any political subdivision thereof, including subordinate boards thereof, in connection with the transaction of public business and has been retained by such recipient or its successor as evidence of its activities or because of the information contained therein. “Public records” shall include any material that is placed on, sent from, or received by the official account of any officer, commission, agency or authority of the State or of any political subdivision thereof, including subordinate boards thereof, on any social media platform in connection with the transaction or furtherance of public business when not otherwise excluded by P.L.1963, c.73 (C.47:1A-1 et seq.), as amended and supplemented. “Social media platform” means a website or application that allows users to create communities for the purpose of sharing information.

As used in this act the word ["bureau"] “division” means the [Bureau of Archives and History in the Department of Education] Division of Archives and Records Management in the Department of State, or its successor.

(cf: P.L.1994, c.140, s.3)

2. Section 3 of P.L.1953, c.410 (C.47:3-17) is amended to read as follows:

3. No person shall destroy, sell or otherwise dispose of any public record, archives or printed public documents which are under his control or in his care or custody, whether or not they are in current use, without first having advised the [Bureau of Archives and History in the Department of Education] division of their nature, and obtained the written consent of that bureau; which consent may be given by said bureau only if the same is in conformance with regulations governing the granting thereof which shall be made and promulgated by the State Records Committee

established by section six of this act.

(cf: P.L.1953, c.410, s.3)

3. Section 6 of P.L.1953, c.410 (C.47:3-20) is amended to read as follows:

6. No such schedule shall be operative unless approved by the State Records Committee which is [hereby] established in the Department of State [Department of Education] and which shall consist of the State Treasurer, the Attorney-General, the State Auditor, the Director of the Division of Local Government in the Department of the Treasury, and the head of the [Bureau of Archives and History in the Department of Education] division. Each member of the committee may designate in writing a representative to act in his place on said committee.

The State Records Committee shall have the powers and duties prescribed for it herein and shall make and promulgate such regulations, not inconsistent with law, as may be necessary to adequately effectuate such powers and duties.

(cf: P.L.1953, c.410, s.6)

4. Section 7 of P.L.1953, c.410 (C.47:3-21) is amended to read as follows:

7. Whenever any such schedule is approved by the committee, a copy thereof shall be filed with the State department, commission or agency involved and with the State Auditor, and the original approval shall be retained by the [Bureau of Archives and History in the Department of Education] division. Thereupon, such schedule shall remain in force and effect and may be acted upon by the said department, commission or agency until superseded by a subsequent duly approved schedule.

(cf: P.L.1953, c. 410, s.7)

5. Section 12 of P.L.1953, c.410 (C.47:3-26) is amended to read as follows:

12. The [Bureau of Archives and History in the Department of Education] division, with the approval of the State Records Committee established by section six hereof, shall formulate standards, procedures and rules for the photographing, microphotographing, microfilming, data processing and image processing of public records and for the preservation, examination and use of such records, including the indexing and arrangement thereof, for convenient reference purposes.

Whenever any officer, commission, agency or authority of the State or of any political subdivision thereof, including subordinate boards thereof, shall have photographed, microphotographed, microfilmed, data processed or image processed all or any part of the public records, kept or required by law to be received and indexed in such manner as to conform with the standards, procedures and rules, and such photographs, microphotographs, microfilms, or data processed or image processed documents have been placed in conveniently accessible files and provision shall have been made for the preservation, examination and use of the same in conformity with the said standards and procedures, the original records from which the photographs, microphotographs, microfilms, or data processed or image processed documents have been made, or any part thereof, may be destroyed or the records therein otherwise effectively obliterated; provided, the said bureau shall first have given its written consent to such destruction or other disposition.

In the event of any such destruction or other disposition of any public records under the provisions of this section, the photograph, microphotograph, microfilm, or data processed or image processed document or a certified copy of said photograph, microphotograph, microfilm, or data processed or image processed document shall be receivable in evidence in any court or proceeding and shall have the same force and effect as though the original public record had been there produced and proved.

(cf: P.L.1994, c.140, s.4)

6. This act shall take effect immediately.

STATEMENT

This bill amends the “Destruction of Public Records Law (1953),” (N.J.S.A.47:3-15 et seq.), to specify that the official social media account of any officer, commission, agency, authority, or political subdivision, including subordinate boards thereof, of the State is a public record and any material or information placed on, sent from, or received by that account is subject to the “Destruction of Public Records Law” and any other applicable law concerning public records. The bill also updates the statutes to reflect that the functions of the Bureau of Archives and History in the Department of Education were assumed by the Division of Archives and Records Management in the Department of State, and are currently administered by the Division of Revenue and Enterprise Services in the Department of the Treasury pursuant to an intergovernmental agreement.