Roadrunner Capitol Reports
Legislation Detail

HB 284 CYFD ELECTRONIC DEVICES

Rep Meredith Dixon

Actions: [5] not prntd-HRC

Scheduled: Not Scheduled

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Summary:
 House Bill 284 (HB 284) amends the Children, Youth and Families Department Act; requires the use of state-issued electronic devices when performing departmental duties; and requires the backup and retention of electronic records. 
Legislation Overview:
 House Bill 284 (HB 284) amends the Children, Youth and Families Department Act. A new section of the act is added, stating the following:

•	employees of the department may only use electronic devices issued by the department to employees for communication related to the performance of duties within the scope of their employment by the department;

•	an employee's failure to comply with the provisions of this subsection may constitute grounds for immediate termination of employment; 

•	electronic devices issued by the department to employees may only include software and applications that are compliant with federal, state, local, territorial and tribal data retention and protection laws;

•	by January 1, 2025, the department must implement a system, approved by the Department of Information Technology, which will back up on an hourly basis all electronic records generated or received by employees of the department related to the performance of their duties within the scope of their employment by the department;

•	during the term of an employee's employment by the department, and for a period of at least twenty-four years after the termination of an employee's employment by the department, the department must retain all electronic records stored on electronic devices used by department employees and all electronic records that have been backed up from electronic devices used by department employees; and

•	as used in this section: (1) "back up" means to electronically copy in a recoverable format to a searchable database maintained by the department all electronic records generated by or contained within an electronic device; (2) "electronic device" means a telephone, tablet, computer, watch or similar device used to generate, store or transfer information; and (3) "electronic records" means information generated by, transmitted by or stored on an electronic device, including electronic mail, voicemail, text and instant messages, documents and photographs, regardless of the platform being used, including interagency communications.
 
Current Law:
 If the bill does not pass, the new requirements (and consequences for non-compliance) will not be included.