S2338

An Act transferring records management functions of the Division of Archives and Records Management and the State Records Committee from the Department of State to the Department of the Treasury, amending various parts of the statutory law, and supplementing chapter 3 of Title 47 of the Revised Statutes.

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

1. (New section) a. As of the effective date of P.L. , c. (C. )(pending before the Legislature as this bill), the functions, powers and duties of the Division of Archives and Records Management, established in the Department of Education pursuant to the “Destruction of Public Records Law (1953),” P.L.1953, c.410 (C.47:3-15 et seq.), and transferred to the Department of State pursuant to section 10 of P.L.1994, c.140 (C.47:1-15) as the Division of Archives and Records Management are continued, except that all records management functions, powers and duties are transferred to the Department of the Treasury. The State Treasurer may allocate the functions, powers and duties transferred to the department among such divisions and subdivisions in the department as the State Treasurer deems appropriate. Whenever in any law, rule, regulation, order, contract, document, judicial or administrative proceeding or otherwise, reference is made to the records management functions, powers and duties of the Division of Archives and Records Management in the Department of State, the same shall mean the Department of the Treasury.

b. As of the effective date of P.L. , c. (C. )(pending before the Legislature as this bill), the State Records Committee in the Department of State, established pursuant to section 6 of P.L.1953, c.410 (C.47:3-20), together with its functions, powers and duties, is continued and transferred to the Department of the Treasury. Whenever in any law, rule, regulation, order, contract, document, judicial or administrative proceeding or otherwise, reference is made to the State Records Committee, the same shall mean the Department of the Treasury.

c. All transfers directed by this act shall be made in accordance with the “State Agency Transfer Act,” P.L.1971, c.375 (C.52:14D-1 et seq.).

2. N.J.S.18A:24-60 is amended to read as follows:

18A:24-60. On the taking up or payment of outstanding obligations of a Type II district the board of education of the district shall cancel the same and hold them for inspection by the public
school accountant. After such inspection they may be destroyed as authorized by the [Bureau of Archives and History, Division of the State Library, Archives and History, State Department of Education] Department of the Treasury.

(cf: P.L.1971, c.440, s.1)

3. Section 4 of P.L.1953, c.94 (C.34:15-124) is amended to read as follows:

4. Records and papers of, or pertaining to, [workmen's] worker’s compensation cases, on file in the Division of [Workmen's] Worker’s Compensation and its predecessor, Workmen's Compensation Bureau, which do not constitute a part of the record of any [workmen's] worker’s compensation formal case, may be destroyed by the Division of [Workmen's] Worker’s Compensation; provided, the Commissioner of Labor and [Industry] Workforce Development and the [Bureau of Archives and History in the State Department of Education] Department of the Treasury shall approve such destruction.

(cf: P.L.1953, c.94, s.4)

4. Section 5 of P.L.1994, c.140 (C.47:1-11) is amended to read as follows:

5. Any public agency, the Secretary of State or the County Clerk, Register, or Surrogate of a county may copy, record, index or transcribe public records by means of photography, data processing, image processing, or other approved means, subject to compliance with the rules and regulations promulgated therefor by the [Division of Archives and Records Management in the] Department of [State] the Treasury. Any document which is a data processed or image processed copy produced and stored in accordance with the rules and regulations promulgated therefor by the division shall be considered a legal substitute for an original document.

(cf: P.L.1994, c.140, s.5)

5. Section 6 of P.L.1994, c.140 (C.47:1-12) is amended to read as follows:

6. a. The [Division of Archives and Records Management in the] Department of [State] the Treasury, with the approval of the State Records Committee established pursuant to section 6 of P.L.1953, c.410 (C.47:3-20), shall promulgate such rules and regulations as may be necessary to effectuate the purposes of this act and to safeguard the State's documentary heritage.

b. No public agency, County Clerk or Register shall adopt, use or employ any system for recording, filing, registration or indexing as authorized by R.S.47:1-5, as amended by this act, unless the same shall conform to the rules and regulations to be promulgated by the [Division of Archives and Records Management in the] Department of [State] the Treasury pursuant to subsection a. of this section, and shall first be approved by the [Division of Archives and Records Management] department. No such system shall be approved until the [Division of Archives and Records Management] department shall have fully promulgated those rules and regulations.

c. Any system for recording, filing, registration or indexing as authorized by R.S.47:1-5, as amended by this act, which employs data processing or image processing, and which was adopted, used or employed prior to the effective date of this act, shall nevertheless be subject to the rules and regulations to be promulgated by the [Division of Archives and Records Management] department pursuant to subsection a. of this section. The approval of the [Division of Archives and Records Management] department shall be necessary to bring about the compliance of such systems, in a prompt and orderly fashion, with the standards set forth in the rules and regulations.

(cf: P.L.1994, c.140, s.6)

6. Section 2 of P.L.1953, c.140 (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.

[As used in this act the word "bureau" means the Bureau of Archives and History in the Department of Education.]

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

7. 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] Department of the Treasury of their nature, and obtained the written consent of [that bureau] the department; which consent may be given by said [bureau] department 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)

8. Section 4 of P.L.1953, c.410 (C.47:3-18) is amended to read as follows:

4. The [bureau] Department of the Treasury may from time to time establish specific classifications and categories for various types of the said "public records" and, in giving its consent as provided herein, may do so in a general and continuing manner according to the said classifications and categories.

(cf: P.L.1953, c.410, s.4)

9. Section 5 of P.L.1953, c.410 (C.47:3-19) is amended to read as follows:

5. The [bureau] Department of the Treasury, in co-operation with the several State departments, commissions and agencies, shall make a study of the kind and character of public records in their control or custody and shall prepare proposed schedules for submission to the State Records Committee established by section six hereof for its approval and advise the said several departments, commissions and agencies of all applicable operative schedules.

(cf: P.L.1953, c.410, s.5)

10. 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 [State Department of Education and] Department of the Treasury which shall consist of the State Treasurer, the Attorney-General, the State Auditor, the Director of the Division of Local Government Services in the Department of [the Treasury] Community Affairs, and the [head of the Bureau of Archives and History in the Department of Education] Secretary of State. 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 functions, 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)

11. 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] Department of the Treasury. 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)

12. Section 10 of P.L.1953, c.410 (C.47:3-24) is amended to read as follows:

10. The [bureau] Department of the Treasury, subject to regulations which shall be made and promulgated by the State Records Committee established by section six hereof, may give its consent to the immediate destruction or other disposition of bonds, coupons or other evidences of indebtedness which have not been used, but shall not consent to the destruction or other disposition of temporary bonds unless they have been replaced by definitive bonds, and then, only after the expiration of a year from the date of such replacement, or to the destruction or other disposition of bonds, coupons or other evidences of indebtedness which have been issued, except after the expiration of a period of seven years from their cancellation or maturity dates.

(cf: P.L.1953, c.410, s.10)

13. Section 12 of P.L.1953, c.140 (C.47:3-26) is amended to read as follows:

12. The [Bureau of Archives and History in the Department of Education] Department of the Treasury, 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] department 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)

14. Section 13 of P.L.1953, c.410 (C.47:3-27) is amended to read as follows:

13. The [bureau] Department of the Treasury is empowered to demand and receive from any person any public record in private possession belonging to this State, or to any county, municipality or school district thereof.

(cf: P.L.1953, c.410, s.13)

15. Section 1 of P.L.1999, c.149 (C.39:2-3.8) is amended to read as follows:

1. a. Whenever any law, rule or regulation requires or permits documents or information to be prepared by or submitted to the [Division of Motor Vehicles in the Department of Transportation] Motor Vehicle Commission, the [director] chief administrator may permit the documents or information to be prepared by or submitted to the [division] commission in electronic or digital form, or processed electronically. In no event shall an individual be required to submit documents or information only in electronic or digital form; nor shall documents or information be made available to an individual only in electronic or digital form. Submission in electronic or digital form may be permitted pursuant to this section notwithstanding that any law, rule or regulation requires documents or information to be written or to be submitted in writing, specifies that documents or information be signed, certified, verified or witnessed, or otherwise explicitly or implicitly requires the preparation or submission of documents or information on paper or in written form. As used in this subsection, "individual" means a natural person.

b. The [director] chief administrator, after consultation with the State Records Committee in the Department of [State] the Treasury, shall adopt, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), regulations specifying how the signature, verification, certification, witnessing or other formal requirements shall be met with respect to documents or information permitted to be prepared or submitted in electronic or digital form pursuant to this section and specifying such additional safeguards as the [director] chief administrator deems necessary to protect the privacy, and prevent improper access to or disclosure, of any personal information as defined in section 1 of P.L.1997, c.188 (C.39:2-3.3) that may be transmitted in an electronic or digital form, or processed electronically. Regulations adopted pursuant to this subsection may permit the use of digital signature technology for the signing of documents and other appropriate purposes.

(cf: P.L.1999, c.149, s.1)

16. Section 16 of P.L.1953, c.410 (C.47:3-30) is amended to read as follows:

16. The [bureau] Department of the Treasury shall, with the approval of the State Records Committee established by section six hereof, make and promulgate rules and regulations for the effective administration of the laws relating the public records.

(cf: P.L.1953, c.410, s.16)

17. This act shall take effect immediately and any actions necessary to implement this act may be taken any time thereafter, with implementation to be completed not later than 12 months following enactment.

STATEMENT

This bill transfers the records management functions of the Division of Archives and Records Management from the Department of State and moves its functions, powers and duties to the Department of the Treasury.

The bill also moves the State Records Committee from the Department of State to the Department of the Treasury. As a result of this bill, the Department of the Treasury will exercise all of the functions, powers and duties provided for under the "Destruction of Public Records Law (1953)."