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This entry was published on 2014-09-22
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SECTION 57.05
State archives
Arts and Cultural Affairs (ACA) CHAPTER 11-C, TITLE U, ARTICLE 57
§ 57.05. State archives. 1. There shall be continued within the
education department the state archives. The state archives shall
acquire, appraise, preserve either in original or duplicate form,
catalog, display, duplicate and make available for reference and use by
state officials and others those official records that have been
determined to have sufficient historical value or other value to warrant
their continued preservation by the state.

2. For the purposes of this section, official records shall include
all books, papers, maps, photographs, or other documentary materials,
regardless of physical form or characteristics, made or received by any
agency of the state or by the legislature or the judiciary in pursuance
of law or in connection with the transaction of public business and
preserved or appropriate for preservation by that agency or its
legitimate successor as evidence of the organization, functions,
policies, decisions, procedures, operations, or other activities, or
because of the information contained therein.

3. Library or museum material made or acquired and preserved solely
for reference or exhibition purposes, extra copies of documents
preserved only for convenience of reference, and stocks of publications
and of processed documents shall not be deemed to constitute official
records for the purposes of this section.

4. Except as otherwise provided by law, the state archives shall
acquire and assume the official custody and responsibility for
preserving and making available for reference and use those official
records of the legislature, the judiciary and the civil departments of
the state government which are deemed to have sufficient historical
value or other value to warrant their continued preservation by the
state.

5. The state archives shall acquire and assume the official custody
and responsibility for preserving and making available for reference and
use the official records of any public office, body or board now
extinct, or hereafter becoming extinct, which are deemed to have
sufficient historical value, or other value to warrant their continued
preservation by the state, if the custody and preservation of such
records are not otherwise provided for by law.

6. The state archives may accept records, or copies of records, of a
municipal, district or public benefit corporation, providing the records
have sufficient historical significance to warrant continued
preservation by the state.

7. The commissioner of education may request the attorney general to
institute legal action for the return to the custody of the state of any
record which has not legally been released from state custody.

8. The state archives may duplicate records in its custody, and
certify under its own official seal to the authenticity of the copies of
such records. The state archives with the approval of the commissioner
of education and in accordance with existing state statutes may dispose
of original records in its custody that have been duplicated.

9. The commissioner of education shall have the power to promulgate
rules and regulations to carry out the purposes of this section,
providing no objection to those rules and regulations is made within
thirty days prior to the effective date of the proposed rules and
regulations by the following: the speaker of the assembly for rules and
regulations relating to the records of the assembly; the president
pro-tem of the senate for rules and regulations relating to the records
of the senate; the director of the division of the budget for rules and
regulations relating to records of the civil departments; and the chief
administrator of the courts for rules and regulations relating to
records of the judiciary.

11. The state archives shall establish a state records center
consisting of one or more depositories for nonpermanent storage of state
records and shall be responsible for the preservation and disposal of
such records. Solely for the purposes of carrying out his record-keeping
functions, the commissioner of education shall be empowered:

(a) To assume responsibility for the physical possession, storage,
servicing and preservation of state agency records accepted into the
state records center, and for the security of the information contained
in or on them. State records stored with the state archives shall for
all purposes be deemed to be within the possession, custody and control
of the agency that transferred such records.

(b) To authorize the disposal or destruction of state records
including books, papers, maps, photographs, microphotographs or other
documentary materials made, acquired or received by any agency. At least
forty days prior to the proposed disposal or destruction of such
records, the commissioner of education shall deliver a list of the
records to be disposed of or destroyed to the attorney general, the
comptroller and the state agency that transferred such records. No state
records listed therein shall be destroyed if within thirty days after
receipt of such list the attorney general, comptroller, or the agency
that transferred such records shall notify the commissioner of education
that in his opinion such state records should not be destroyed.

(c) To agree to the deposit of noncurrent state records in the state
records center.

(d) To review plans submitted by state agencies for management of
their records and to make recommendations thereupon to the head of the
state agency and the director of the division of the budget.

(e) To inquire into the condition, character, amount and method of
keeping such records.

(f) To develop and implement a comprehensive and ongoing training
program in records management for all state agencies.

(g) To provide technical assistance in records management for state
agencies.

(h) To provide for the transfer of such records having archival value
from the state records center to the state archives for their permanent
preservation.

(i) To develop and implement a fee schedule, to be adopted by the
board of regents pursuant to rules and regulations adopted in conformity
with the state administrative procedure act, to support records
management activities subject to the following:

(i) the fee schedule may be changed only once in any twelve month
period, and

(ii) after the initial fee schedule is established by the board of
regents, proposed changes to said schedule must be included in the
annual budget request submitted to the director of the budget. Such
amended fee schedule shall not become effective until enactment of the
budget submitted annually by the governor to the legislature in
accordance with article seven of the constitution, and shall generate
revenues consistent with appropriations contained therefor within such
budget and sufficient to cover anticipated expenditures for the period
for which such fees shall be effective.

(j) To promulgate such other regulations as are necessary to carry out
the purposes of this subdivision.