reglab/statecodes huggingface dataset:
2023 Louisiana Laws › Revised Statutes › Title 44 - Public Records and Recorders › §44:301. Pending proceedings

RS 44:301 - Pending proceedings
Where any original papers appertaining to a suit pending in any district court have been or may hereafter be destroyed by the burning of the courthouse of the parish, or destroyed in any other manner, the suits, together with all the papers, pleadings, bonds and other documents filed therein and making part thereof, may be revived and reinstated by either plaintiff or defendant as follows:
(1) By filing with the clerk of court a duly certified copy of the original petition, or by motion in open court, or in chambers, served on the opposite party, which motion shall contain the name and residence of the parties, the nature of the demand and cause of action, and the date of the filing of the original petition and service of citation, as near as can be ascertained, together with a statement of the pleading had in the suit, orders made and bonds filed, accompanied by affidavit of the parties, or their attorneys, as to the truth of facts allowed. Upon filing the motion a rule may be taken on the opposite party to show cause, within ten days from the service thereof, why the suit, pleadings, orders of court and bonds should not be reinstated.
(2) If answer is made to the rule it shall be accompanied by the affidavit of the party or his attorney, as to the truth of the facts stated by him, and it shall be sufficient for either party to swear to the best of his knowledge and belief.
2023 Louisiana Laws › Revised Statutes › Title 44 - Public Records and Recorders › §44:302. Judgments; execution on certified copies

RS 44:302 - Judgments; execution on certified copies
Upon the production of a certified copy of any original judgment of any court of record, or certified copies of the judgment from the record of judicial mortgages, the clerk of the court of the parish where the destruction has taken place may issue execution thereon. Where no copy exists, the owner of the judgment, or his attorney, may obtain execution thereon upon presenting to the clerk of the court a statement, under oath, of the amount of the judgment or the balance due thereon. This Section shall not be construed to prevent the judgment from being established as other records in the manner provided for in Part II, Subpart A of this Chapter.
2023 Louisiana Laws › Revised Statutes › Title 44 - Public Records and Recorders › §44:321. Petition and service

RS 44:321 - Petition and service
Any person may re-establish and revive any deed, bond, mortgage, judgment, contract, or any other instrument or writing, of any kind or nature whatsoever, which was of record, or deposited in any public office, or held in any courthouse or in any other office or building, for the purpose of recordation in the proper office in the parish, and which was destroyed by fire or any other way, by following the procedure set forth as follows:
(1) He must apply to the district court of the parish by petition under oath, in which he shall describe the instrument or document sought to be revived with as much certainty as possible.
(2) If defendant is a resident, the petition, with a citation, shall be served on him as having an interest adverse to the plaintiff in the matter of the suit, or in the original document sought to be revived.
(3) If the defendant is an absentee, this fact shall be set forth in the petition, under oath, and the judge shall appoint a curator ad hoc to represent the absentee, upon whom service shall be made.
(4) In case of the death of the vendor, mortgagor, obligor, debtor, or other original party in interest in or connected with, the original document sought to be revived, service shall be made on his heirs and legal representatives.
In all cases in which service of petition and citation is required under this Section, it will be sufficient to cause service to be made on the defendant either in person or by publication of the notice in any newspaper published in the parish, at the option of the plaintiff, which notice shall be in the form of a citation to the defendant and shall contain a brief and clear statement of the object and intent of the demand, the name of the party having an adverse interest in the instrument of writing sought to be revived, or who held title to any realty claimed at any time anterior to the party applying, as far as known; and the delay in which the party made defendant shall be required to answer; provided that in case the service is made in person, the delay to answer shall be the same as now prescribed by law in ordinary civil action. If service is made by publication it shall be published in any newspaper of the parish at least once a week for two consecutive weeks and the last publication shall be at least six weeks before the case is heard. If there is no newspaper published in the parish in which the action is filed the publication of the notice as above required shall be made in any newspaper in any adjoining parish.
2023 Louisiana Laws › Revised Statutes › Title 44 - Public Records and Recorders › §44:324. Answer; judgment

RS 44:324 - Answer; judgment
The party defendant in any application for the re-establishment of any deed, mortgage or other instrument shall have the same delay as in other writs, and his answer, which shall be under oath, must either admit of the facts as stated in the petition, or deny the same wholly or partially; whereupon the judge shall proceed to trial, and after hearing evidence shall render judgment establishing or not establishing the deed, bond, mortgage, judgment, or other instrument of writing, as the evidence proves to have existed. No other issue is to be tried but the existence or non-existence of the document sought to be established; and when so established, it shall be executory and shall have the same force and effect as the original.
2023 Louisiana Laws › Revised Statutes › Title 44 - Public Records and Recorders › §44:325. Parol evidence may be used

RS 44:325 - Parol evidence may be used
The provisions of this Subpart shall not prevent the establishment of any judgment or any other instrument of writing, by parol evidence, where the original record has been destroyed by the burning of the courthouse or any other place of deposit of public records, or destroyed in any other way in the parish.
2023 Louisiana Laws › Revised Statutes › Title 44 - Public Records and Recorders › §44:327. Effect of recording certified copies of reestablished records

RS 44:327 - Effect of recording certified copies of reestablished records
The recordation of any certified copy of any deed, bond, mortgage, judgment or other instrument of writing, shall have the same force and effect as the recording of the original deed, bond, mortgage, judgment or other instrument of writing which was destroyed.
2023 Louisiana Laws › Revised Statutes › Title 44 - Public Records and Recorders › §44:361. Use of abstractors' records authorized

RS 44:361 - Use of abstractors' records authorized
Whenever the public records or any part of the archives of the office of the clerk of court and ex-officio recorder, of any parish in this state, have been destroyed by fire, or may hereafter be destroyed by fire, in addition to the means already provided by law for their restoration, they may be restored by using abstracts of the records made by competent abstractors of sound integrity, and also by using photographic and rectigraphic copies of the records, made by competent artisans and abstractors of integrity, provided the abstracts, photographs and rectigraphs were made in the ordinary course of business to be used in furnishing abstracts of title to property or to be used in furnishing copies, or abstracts of the contents of the records.
2023 Louisiana Laws › Revised Statutes › Title 44 - Public Records and Recorders › §44:362. Parishes may purchase or expropriate abstractors' records

RS 44:362 - Parishes may purchase or expropriate abstractors' records
A. In order to make the abstracts, photographs and rectigraphs available for the restoration of destroyed records, parish governing authorities may purchase the abstracts, photographs and rectigraphs; or may purchase the right to have true copies made of said abstracts, photographs and rectigraphs; or, in their discretion, may purchase true copies of them. The purchase may be upon such reasonable terms and conditions as may be agreed upon with the owner.
B. The parish governing authority may, in the event of a failure to agree upon a price, expropriate under existing laws the right to copy the abstracts, photographs and rectigraphs for the restoration of the public records.
2023 Louisiana Laws › Revised Statutes › Title 44 - Public Records and Recorders › §44:363. Procedure for purchase or expropriation by parish

RS 44:363 - Procedure for purchase or expropriation by parish
Before any contract of purchase or expropriation of abstractor's records becomes perfect the parish governing authority shall ascertain whether the abstracts, photographs and rectigraphs fulfil the requirements of this Chapter and if the parish governing authority so finds it must take the further steps outlined as follows:
(1) The parish governing authority shall pass a resolution declaring that the abstractor's records fulfil the requirements of this Chapter and a certified copy of this resolution shall be transmitted to the District Attorney.
(2) The district attorney, shall, without unreasonable delay, file in the district court, a petition, the purpose of which shall be to further ascertain whether the abstracts, photographs and rectigraphs fulfil the requirements of this Chapter, and there shall be named in the petition, in general terms as defendants, all parties claiming any right to or upon immovable property in the parish, or having an interest in the restoration of the public records and archives of the parish.
(3) The defendants shall be ruled to show cause, within a time to be fixed by the district court, why the abstracts, photographs and rectigraphs do not fulfil the requirements of this Chapter and should not be used in the restoration of the records and archives and the police jury not authorized to perfect its proposed contract by purchase or expropriation.
(4) The order or rule, together with a certified copy of the petition and a copy of the resolution shall be published in the official journal of the parish and also in one or more newspapers printed and published in the parish, for at least once in each calendar week for four weeks.
(5) Upon the day fixed for the hearing, or upon the day to which it may be continued, the court shall hear evidence in support of any objection to the granting of the prayer of the petition, and, at the conclusion of the evidence and the hearing, if the court should find that the abstracts, photographs and rectigraphs fulfil the requirements of this Chapter it shall so affirmatively declare, whereupon the police jury may proceed with the contract.
(6) A suspensive appeal shall, within thirty days from the date of the judgment, lie from the judgment if anyone at interest so moves, the appeal to be without bond and without a deposit for costs.
2023 Louisiana Laws › Revised Statutes › Title 44 - Public Records and Recorders › §44:364. Recordation of evidence adduced at trial

RS 44:364 - Recordation of evidence adduced at trial
The evidence adduced upon the trial referred to in R.S. 44:363 shall be reduced to writing and shall be recorded, together with the pleadings and judgment of the court, in the judicial records and in the conveyance records of the parish.
2023 Louisiana Laws › Revised Statutes › Title 44 - Public Records and Recorders › §44:365. Binding and certification

RS 44:365 - Binding and certification
Whether the original of the abstracts, photographs and rectigraphs be purchased, or the right to make or cause to be made a certified copy of them be acquired, true copies of the abstracts, photographs and rectigraphs, after the judgment of court, shall be made at the expense of the parish into well-bound books and the correctness of the copy shall be shown by certificate at the end of each book.
Recordation shall be as follows: those taken from the conveyance records shall be inscribed into books styled "Conveyance Books"; those from the mortgage records into books styled "Mortgage Books"; those from sheriff's deeds into books styled "Sheriff's Deeds"; those from tutorships and successions into books styled "Probate Records"; those from judicial records, into books bearing that name, and likewise throughout, provided that all plats may be recorded in books bearing that name, and the books shall serve as such, and the recordation of each abstract, photograph and rectigraph shall be as of date shown in the same as the date of the recordation of the original.
2023 Louisiana Laws › Revised Statutes › Title 44 - Public Records and Recorders › §44:367. Certified copies of re-established archives prima facie evidence

RS 44:367 - Certified copies of re-established archives prima facie evidence
Certified copies from re-established archives shall be received as prima facie proof of all that they recite, that properly belongs to the originals of such instruments, and also of the date of filing and recordation of the original instruments, under the same rules as the recorded copies of the same would have been received had they not been destroyed.
2023 Louisiana Laws › Revised Statutes › Title 44 - Public Records and Recorders › §44:368. Presumption of correctness; use of parol evidence

RS 44:368 - Presumption of correctness; use of parol evidence
A. Whenever an instrument re-established under the provisions of this Sub-part is declared on in any real action and reliance is made thereon in the pleadings, its presumption of correctness shall not be overthrown by parol evidence nor shall parol evidence be received against the presumption unless:
(1) The defendant, intervenor, third opponent or other party interested attacks its correctness in his pleadings and with notice sufficient to put the opposite party reasonably on guard.
(2) Makes oath, in person or by his attorney or legal representative, that he believes that the re-established record is incorrect, in part or in whole, (indicating the part alleged to be incorrect) and that if permitted to offer parol testimony he verily believes and has reasonable cause to believe that he can establish it by a clear preponderance of evidence.
B. Notice of intention to deny the correctness of the re-established records, in order to be effective, must be given within a reasonable time before the date fixed for trial, and shall be given in writing and filed in open court, if court be in session, otherwise in the clerk's office.
C. It shall, however, always be competent to show by parol evidence in support of or against the re-established records and archives the physical facts as the real, open and actual and corporeal possession of the property as owner, or otherwise, by any person under any asserted claim from the time of the entry of the land from the United States or from the State, even though it is not of sufficient duration to establish a prescription, and in all attacks upon such re-established records, properly asserted, due weight shall be given to other copies, exemplifications and abstracts made prior to the destruction of such records by honest and competent abstractors in the ordinary course of business.
2023 Louisiana Laws › Revised Statutes › Title 44 - Public Records and Recorders › §44:369. Judicial notice

RS 44:369 - Judicial notice
Whenever records and archives have been re-established in the manner provided in this Subpart, and the evidence adduced upon the trial of the proceedings had in the matter or reviving the records and archives has been reduced to writing and, together with the pleadings and judgment of the court, recorded in the judicial records and in the conveyance records, the evidence and judgment shall thereafter be judicially recognized by all courts in which a transcript thereof may be filed, and shall serve to establish, prima facie, the correctness of the abstracts, photographs and rectigraphs.
2023 Louisiana Laws › Revised Statutes › Title 44 - Public Records and Recorders › §44:370. Restricted application

RS 44:370 - Restricted application
Nothing in the provisions of this Sub-part shall be construed as giving or affording evidence superior to titles, instruments, or other documents restored or revived, after issue joined, under and by virtue of the provisions of Subpart A of this Part.
The effect hereof shall be restricted to titles, instruments, or other documents re-established or restored under and pursuant to the provisions of R.S. 44:361 through R.S. 44:366.
2023 Louisiana Laws › Revised Statutes › Title 44 - Public Records and Recorders › §44:401. Division of archives, records management, and history

RS 44:401 - Division of archives, records management, and history
The division of archives, records management, and history is hereby created and established as a division of the Department of State, to perform all duties, functions, and responsibilities and to exercise all authority or authorities heretofore assigned to the State Archives and Records Service by providing for a statewide system of managing and preserving government records which will meet informational requirements and serve the rights and interests of government and its citizens, and specifically to:
(1) Provide that these records are created and managed efficiently, economically, and in a manner to insure their integrity and availability.
(2) Preserve for use, by the government and citizens, those records which, because of their intrinsic, historical, or evidentiary values become a part of the legacy government leaves for the state.
Acts 1985, No. 238, §1, eff. July 6, 1985.
2023 Louisiana Laws › Revised Statutes › Title 44 - Public Records and Recorders › §44:404. State archivist

RS 44:404 - State archivist
The secretary will appoint a professionally qualified state archivist and director of the division of archives, records management, and history who shall have administrative responsibility for the division and shall serve as the archivist of the state of Louisiana. All administrative duties and functions of this Chapter shall be exercised by the state archivist acting under the direction and supervision of the secretary.
Acts 1956, No. 337, §4; Acts 1985, No. 238, §1, eff. July 6, 1985.
2023 Louisiana Laws › Revised Statutes › Title 44 - Public Records and Recorders › §44:405. Powers and duties

RS 44:405 - Powers and duties
A. The secretary shall enforce the provisions of this Chapter and pursuant thereto may promulgate, or authorize the state archivist to promulgate, policies not inconsistent with law and in accordance with the Administrative Procedure Act, establishing:
(1) Procedures for the compiling and submitting to the division heretofore created, of lists and schedules of records proposed for disposal.
(2) Procedures for the disposal of records authorized for disposal, whether in agency custody or in the possession of the division.
(3) Procedures for the reproduction of public records by photographic, microphotographic, or other appropriate process when necessary to assure the preservation thereof.
(4) Procedures for preservation, repair, treatment, and restoration of old, discolored, worn, fragile, faded, or torn documents, or records which are declared by the state archivist to have historical or archival value, whether stored in the state archives, the records center, or held in the custody of the repository agency.
B. It is intended that such policies, rules, and regulations be formulated after surveying and evaluating the circumstances of and receiving advice from the various state agencies and the governing authorities of the various subdivisions of the state. Such policies, rules, and regulations thereafter shall be binding upon all the agencies of the state and its subdivisions. The secretary shall employ such personnel, purchase such equipment, and provide such facilities as may be required in the execution of the powers and duties imposed upon the secretary. The secretary shall perform any acts deemed necessary, legal and proper to carry out the duties and responsibilities imposed upon him pursuant to the authority granted herein.
Acts 1956, No. 337, §5; Acts 1985, No. 238, §1, eff. July 6, 1985.
2023 Louisiana Laws › Revised Statutes › Title 44 - Public Records and Recorders › §44:406. Collection of records

RS 44:406 - Collection of records
The state archivist shall collect court records, official documents, reports, newspapers, church records, private papers, and other historical materials and data pertaining to the colonial, territorial, and statehood periods from the earliest times to the present, to have said documents, records, and material properly repaired, filed, indexed, and preserved, whether physically or by micrographic or other appropriate process or both, and, when deemed desirable, edited and published to encourage historical investigation and research in the history of the state. When original documents or records are to be maintained in the possession of a custodial agency, the division may provide for the making of a microphotographic security copy or other appropriate facsimile for deposit with the state archives.
Acts 1956, No. 337, §6; Acts 1985, No. 238, §1, eff. July 6, 1985.
2023 Louisiana Laws › Revised Statutes › Title 44 - Public Records and Recorders › §44:407. Records management; reports

RS 44:407 - Records management; reports
The state archivist is authorized to make continuing surveys of government records and records management and disposal practices and obtain reports thereon from the state and local governmental agencies; to promulgate, on the basis of information obtained from those surveys and reports, such policies, rules, and regulations as are necessary to produce improved records management practices and controls in the various state and local agencies, including the central storage or disposition of records not needed by such agencies for their current use; and to report to the legislature and to the governor from time to time on such activities. Such reports shall be issued at the discretion of the state archivist or as prescribed by the governor or the legislature.
Acts 1956, No. 337, §7; Acts 1985, No. 238, §1, eff. July 6, 1985.
2023 Louisiana Laws › Revised Statutes › Title 44 - Public Records and Recorders › §44:408. Archives and records center building; duty custody and control

RS 44:408 - Archives and records center building; duty custody and control
A. The secretary shall have custody and control of the Louisiana State Archives and its contents to house and facilitate operations of the various archives and records management programs, including the records center establishment, and through the Louisiana State Building Authority or its successors shall have authority to design, build, purchase, lease, maintain, operate, protect, and improve buildings or facilities used for the storage of inactive records of state and local agencies of Louisiana.
B. The records center or centers shall accept all records transferred to it or them through the operation of retention schedules approved by the state archivist, provide secure storage and reference service for the same, and submit written notice to inform the applicable agency of intended destruction or disposal of records in accordance with approved retention schedules.
C. Confidential or restricted records shall remain confidential or restricted and, whenever usage of records in the custody of the division is restricted by or pursuant to law or for reasons of security and the public interest, such records shall be inspected, surveyed, or otherwise used only in accordance with law and the policies and regulations imposed by the secretary acting through the state archivist.
D. Records listed for disposal shall either be destroyed in any manner approved by the environmental authority or transferred in accordance with established policies to the most appropriate repository.
Acts 1956, No. 337, §8; Acts 1985, No. 238, §1, eff. July 6, 1985.
2023 Louisiana Laws › Revised Statutes › Title 44 - Public Records and Recorders › §44:409. Appointment of advisory groups

RS 44:409 - Appointment of advisory groups
The secretary may from time to time appoint advisory groups to more effectively obtain the best professional thinking of groups including but not limited to the bar, historians, political scientists, accountants, genealogists, patriotic groups, associations of public officials, et cetera, concerning the steps to be taken with regard to any particular group or type of records. Advisory group members shall receive no salary.
Acts 1956, No. 337, §9; Acts 1985, No. 238, §1, eff. July 6, 1985.
2023 Louisiana Laws › Revised Statutes › Title 44 - Public Records and Recorders › §44:410. Records management programs; policies and principles

RS 44:410 - Records management programs; policies and principles
A. The secretary, acting through the state archivist, shall, with due regard to the program activities of the state and local agencies concerned, prescribe policies and principles to be followed by state and local governmental agencies in the conduct of their records management programs and make provision for the economical and efficient management of records by state and local governmental agencies; by analyzing, developing, prescribing, and coordinating the implementation of standards, procedures, and techniques designed to improve the management of records, to insure the maintenance and security of records deemed appropriate for preservation, and to facilitate the segregation and disposal of records of temporary value; and by effecting the efficient and economical utilization of space, equipment, and supplies needed for the purpose of creating, maintaining, storing, and servicing records.
B. The division also shall formulate and execute a program to inventory, schedule, and microfilm official parish, municipal, and other local records which are determined by the state archivist to have permanent value, to provide safe storage for microfilm copies of such records, and to give advice and assistance to local officials in their programs for creating, preserving, filing, and making available public records in their custody. The division may assist any state, parish, municipal, or other local agency to implement a records program by providing records analysts and consultants in records management, conducting surveys in order to recommend more efficient records management practices, and providing training for records management personnel.
Acts 1956, No. 337, §10; Acts 1985, No. 238, §1, eff. July 6, 1985.
2023 Louisiana Laws › Revised Statutes › Title 44 - Public Records and Recorders › §44:411. Retention of records; actions for recovery of records

RS 44:411 - Retention of records; actions for recovery of records
A. The secretary, acting through the state archivist, shall establish standards for the retention of records of continuing value, and monitor state and local agencies in the application of such standards to all records in their custody. To facilitate this application:
(1) The head of each agency shall submit to the state archivist, in accordance with the policies, rules, and regulations prescribed by the secretary and the implementational standards and procedures established by the state archivist, schedules proposing the length of time each state record series warrants retention for administrative, legal, or fiscal purposes after it has been created or received by the agency.
(2) The head of each agency shall also submit to the state archivist lists of state records in the custody of that agency which are no longer required for the transaction of current business and which lack sufficient administrative, legal, or fiscal value to warrant further retention and request that the state archivist authorize appropriate disposal.
(3) Upon termination of employment with the state, unless otherwise directed by law, each agency head prior to transfer of his records to a successor, shall notify the state archivist to arrange for an appraisal to determine which record or records series should be retained in the agency office and which should be transferred to the custody of the division for permanent retention.
(4) The records of any state agency, upon termination of its existence or functions, shall automatically be transferred into the custody of the division, unless otherwise directed by law.
B. The secretary, acting through the state archivist, shall also notify the head of any such agency of any actual, impending, or threatening unlawful removal, defacing, alteration, or destruction of records in the custody of such agency that shall come to his attention, and initiate action through the attorney general for the recovery of such records as shall have been unlawfully removed and for such other redress as may be provided by law. In any case in which records or other materials of actual or potential archival significance are determined by the state archivist to be in jeopardy of destruction or deterioration, and such material is not essential to the conduct of daily business in the agency of origin, the secretary shall have authority to require and schedule transfer of said records to the physical and legal custody of the division and the state archivist.
C. To ensure that the above enumerated reports and notifications are submitted and implemented, the chief executive officer of each state agency shall designate annually a records officer to act as liaison between the division and the agency on all matters relating to records management.
Acts 1956, No. 337, §11; Acts 1985, No. 238, §1, eff. July 6, 1985; Acts 2021, No. 213, §1, eff. June 11, 2021.
2023 Louisiana Laws › Revised Statutes › Title 44 - Public Records and Recorders › §44:412. Agency head to maintain active records management programs; use of records center by state and subdivisions

RS 44:412 - Agency head to maintain active records management programs; use of records center by state and subdivisions
A. The head of each agency of the state and its subdivisions shall establish and maintain an active, continuing program for the economical and efficient management of the records of the agency. Such program shall provide for: effective controls over the creation, maintenance, and use of records in the conduct of current business; cooperation with the division in applying standards, procedures, and techniques designed to improve the management of records, promote the maintenance and security of records deemed appropriate for preservation, and facilitate the segregation and disposal of records of temporary value; and compliance with the provisions of this Chapter and the rules, and regulations of the division.
B. Whenever the head of an agency of the state or its subdivisions is notified of the substantial economics or increased operating efficiency that can be effected thereby, he shall provide for the storage, processing, and servicing of records that are appropriate therefor in the records center maintained and operated by the division or, when approved by the director in such location maintained and operated by the head of such agency.
Acts 1956, No. 337, §12; Acts 1985, No. 238, §1, eff. July 6, 1985.
2023 Louisiana Laws › Revised Statutes › Title 44 - Public Records and Recorders › §44:413. Surveys and inspections

RS 44:413 - Surveys and inspections
The state archivist is authorized to inspect or survey the records of any state or local agency, as well as to make surveys of records management and records disposal practices in such agencies, and he shall be given full cooperation of officials and employees of agencies in such inspection and surveys; provided, that records, the use of which is restricted by or pursuant to law or for reasons of security or the public interest, shall be inspected or surveyed only in accordance with law, and the policies established by the secretary, acting through the state archivist and the division.
Acts 1956, No. 337, §13; Acts 1985, No. 238, §1, eff. July 6, 1985.
2023 Louisiana Laws › Revised Statutes › Title 44 - Public Records and Recorders › §44:414. Interim records centers; photostating, and repair

RS 44:414 - Interim records centers; photostating, and repair
The secretary is authorized to establish an interim records center or centers and, acting through the state archivist and the division, to promulgate policies, rules, and regulations and institute and implement programs for the storage, processing, and servicing of records of state and local governmental agencies pending their deposit in the state archives or the records center or their disposition in any other manner authorized by law; and to establish, maintain, and operate facilities for microfilming, photostating, indexing, deacidification, decontamination, archival lamination and encapsulation and any other records repair and rehabilitation services for state and local agencies.
Acts 1956, No. 337, §14; Acts 1985, No. 238, §1, eff. July 6, 1985
2023 Louisiana Laws › Revised Statutes › Title 44 - Public Records and Recorders › §44:415. Centralized imaging and preservation services

RS 44:415 - Centralized imaging and preservation services
The imaging and preservation services section of the records management program of the division shall be the centralized document conversion center for the state. All state agencies lacking existing internally established paper conversion systems of their own, and those state agencies whose equipment or facilities are no longer adequate to meet the agency's need, shall contract with the division for conversion services or shall obtain division approval for a conversion contract with any other vendor or purchase of any other conversion system. All records produced by state agency conversion systems shall comply with standards established by the division in accordance with R.S. 44:405(A)(3).
Acts 1956, No. 337, §15; Acts 1985, No. 238, §1, eff. July 6, 1985; Acts 1986, No. 913, §1; Acts 2019, No. 46, §1.
2023 Louisiana Laws › Revised Statutes › Title 44 - Public Records and Recorders › §44:416. Retention of records for longer periods than scheduled

RS 44:416 - Retention of records for longer periods than scheduled
The director of the archives and records service state archivist may upon determining a need therefor authorize the retention of records in possession of the division or the custody of an agency for a longer period than that specified in any approved disposal schedule, or by law.
Acts 1956, No. 337, §16; Acts 1985, No. 238, §1, eff. July 6, 1985.
2023 Louisiana Laws › Revised Statutes › Title 44 - Public Records and Recorders › §44:418. Responsibility for custody, use, and withdrawal of records

RS 44:418 - Responsibility for custody, use, and withdrawal of records
The state archivist shall be responsible for the custody, use, and withdrawal of records transferred to the division and shall, whenever the usage of any records is subject to statutory limitation and restrictions, then properly enforce such limitations and restrictions. Such limitations and restrictions shall not remain in force or effect after the records have been in existence for fifty years. Other limiting agreements, nonstatutory in nature, established between the division and the donor or donors, shall likewise remain in force for no more than fifty years.
Acts 1956, No. 337, §18; Acts 1985, No. 238, §1, eff. July 6, 1985.
2023 Louisiana Laws › Revised Statutes › Title 44 - Public Records and Recorders › §44:419. Preservation, repair, exhibition of records; finding aids

RS 44:419 - Preservation, repair, exhibition of records; finding aids
A. The state archivist shall make provisions for the preservation, management, repair, and rehabilitation, duplication and reproduction, description, and exhibition of records or related documentary material transferred to him as may be needful or appropriate, including the preparation and duplication of inventories, indexes, catalogs, and other finding aids or guides facilitating their use.
B. The state archivist shall make provisions for the display or exhibition of photographic copies of microphotographic copies of records in his or the agency's custody, in lieu of the original records, if he deems it necessary to protect old, fragile, or damaged records from further damage or loss.
Acts 1956, No. 337, §19; Acts 1985, No. 238, §1, eff. July 6, 1985.
2023 Louisiana Laws › Revised Statutes › Title 44 - Public Records and Recorders › §44:420. Deposit of papers and other historical materials of officials and individuals

RS 44:420 - Deposit of papers and other historical materials of officials and individuals
The state archivist is authorized to accept for deposit: the records, papers, and other historical materials of former governors of the state of Louisiana, or of any other official or former official of the state and its subdivisions, and other papers relating to and contemporary with any governor or former governor of Louisiana, subject to restrictions mutually acceptable to the division and the donor; and documentary materials, including motion picture films, still pictures, sound recordings, maps, and papers from private sources that are appropriate for preservation by the state government as evidence of its organization, functions, policies, and transactions, or those of its subdivisions.
Acts 1956, No. 337, §20; Acts 1985, No. 238, §1, eff. July 6, 1985.
2023 Louisiana Laws › Revised Statutes › Title 44 - Public Records and Recorders › §44:421. Authorization to certify facts; evidentiary status of any reproductions

RS 44:421 - Authorization to certify facts; evidentiary status of any reproductions
A. Any official who is authorized to certify to facts on the basis of records in his custody is authorized to certify to facts on the basis of records that have been transferred by him or his predecessors to the division; however, any fee due any official of the state or its subdivisions shall not be eliminated by this Chapter.
B. Whenever any officer of the state of Louisiana, any political subdivision, municipal corporation, or public corporation is required or authorized by law to record, copy, file, recopy, or replace any document, plat, paper, voucher, receipt, or book on file, or record in his office, he may do so by photostatic, microphotographic, microfilm, or other mechanical process which produces a clear, accurate, and permanent copy, reproduction, or facsimile of the original in accordance with standards not less than those established by the division for permanent records under the authority conveyed by R.S. 44:405(A)(3). Any document, when so reproduced and properly identified and certified, shall have full evidentiary value and force in law.
Acts 1956, No. 337, §21; Acts 1985, No. 238, §1, eff. July 6, 1985.
2023 Louisiana Laws › Revised Statutes › Title 44 - Public Records and Recorders › §44:422. Safeguards against removal or loss of records

RS 44:422 - Safeguards against removal or loss of records
A. The head of each agency of the state or its subdivisions shall establish such safeguards against removal or loss of records as he shall consider necessary and as may be required by rules and regulations issued under authority of this Chapter. Such safeguards shall include making it known to all officials and employees of the agency that no records are to be alienated or destroyed except in accordance with law and the policies, rules, and regulations developed therefrom by the state archivist and the division, and calling their attention to the penalties provided by law for the unlawful removal or destruction of records.
B. The secretary of state, acting through the state archivist, may refer any matter to the legislative auditor, inspector general, or attorney general as necessary for investigation relating to any instance of damaging, altering, tampering with, or falsifying records, including but not limited to fraudulent creation, distribution, or filing of records.
Acts 1956, No. 337, §22; Acts 1985, No. 238, §1, eff. July 6, 1985; Acts 2021, No. 213, §1, eff. June 11, 2021.
2023 Louisiana Laws › Revised Statutes › Title 44 - Public Records and Recorders › §44:423. Notification of actual or threatened unlawful removal or destruction

RS 44:423 - Notification of actual or threatened unlawful removal or destruction
The head of each agency of the state or any of its subdivisions shall notify the secretary through the state archivist of any actual, impending, or threatened unlawful removal, defacing, alteration, or destruction of records in the custody of the agency that shall come to his attention and shall assist the secretary in initiating action through the attorney general for recovery.
Acts 1956, No. 337, §23; Acts 1985, No. 238, §1, eff. July 6, 1985.
2023 Louisiana Laws › Revised Statutes › Title 44 - Public Records and Recorders › §44:424. Authority of state financial officers and others not limited

RS 44:424 - Authority of state financial officers and others not limited
Nothing in this Chapter shall be construed as limiting the authority of the commissioner of administration, or other officers charged with prescribing accounting systems, forms, or procedures or of lessening the responsibility of collection and disbursal officers for rendering of their accounts for settlement.
Acts 1956, No. 337, §24; Acts 1985, No. 238, §1, eff. July 6, 1985.
2023 Louisiana Laws › Revised Statutes › Title 44 - Public Records and Recorders › §44:425. Department of Revenue; exemption

RS 44:425 - Department of Revenue; exemption
The Department of Revenue and all of its records and files shall be exempt from the operation of this Chapter, except those records and files which the secretary of the department, in his discretion, deems to be nonconfidential and nonprivileged under the provisions of R.S. 47:1508 and 1508.1. Those records declared by the secretary of the department to be nonconfidential and nonprivileged shall be transferred to the state archivist for retention within the division or other disposition.
Acts 1956, No. 337, §25; Acts 1985, No. 238, §1, eff. July 6, 1985.
2023 Louisiana Laws › Revised Statutes › Title 44 - Public Records and Recorders › §44:426. Transfer of inactive legislative records to archives

RS 44:426 - Transfer of inactive legislative records to archives
A. The secretary of the Senate and the clerk of the House of Representatives shall, unless otherwise directed by the Senate or House of Representatives, obtain at the close of each session of the legislature all of the inactive records of the legislature and of each committee thereof and transfer them to the custody of the division for preservation or other appropriate disposition.
B. Upon request, the state archivist shall assist and advise in the establishment of records management programs in the legislative and judicial branches of state government and may, if those branches desire, provide program services similar to those available to the executive branch of state government.
Acts 1956, No. 337, §26; Acts 1985, No. 238, §1, eff. July 6, 1985.
2023 Louisiana Laws › Revised Statutes › Title 44 - Public Records and Recorders › §44:427. Advisory Board of the Louisiana State Archives

RS 44:427 - Advisory Board of the Louisiana State Archives
A. The Advisory Board of the Louisiana State Archives is hereby created in the Department of State.
B. The Advisory Board of the Louisiana State Archives shall be composed of the following members:
(1) Five members appointed by the secretary of state, one of whom shall be a clerk of court.
(2) Two members appointed by the secretary of state from a list of nominees provided by the Friends of the Louisiana State Archives, Inc.
(3) The secretary of state or his designee.
(4) The state archivist.
C.(1) The board shall meet at least quarterly at the call of the secretary of state and at a place determined by the secretary of state.
(2) The secretary of state, at any time, may call special meetings of the board.
D. The powers and duties of the board shall include but are not limited to advising the secretary of state concerning the following:
(1) The operation of the state archives.
(2) Raising funds to promote the state archives.
(3) Acquisitions by and donations to the state archives.
(4) Improving and developing facilities and exhibits at the state archives.
(5) Encouraging the cultural and educational enjoyment of the state archives.
E. The members of the board shall elect from their membership a chairman and a vice chairman.
F. Each appointed member shall:
(1) Have a knowledge of and interest in collecting, preserving, maintaining, and making available records and artifacts of Louisiana's history.
(2) Serve a term concurrent with that of the secretary of state.
(3) Serve until his successor is appointed and takes office.
G. Vacancies in the membership of the board shall be filled in the manner of the original appointment.
H. The members of the board shall serve without compensation.
Acts 2018, No. 436, §2.
2023 Louisiana Laws › Revised Statutes › Title 44 - Public Records and Recorders › §44:428. §§428 to 430 Repealed by Acts 1985, No. 238, §1, effective July 6, 1985.

RS 44:428 - §§428 to 430 Repealed by Acts 1985, No. 238, §1, effective July 6, 1985.
2023 Louisiana Laws › Revised Statutes › Title 44 - Public Records and Recorders › §44:501. Board; creation; appointment; compensation

RS 44:501 - Board; creation; appointment; compensation
A. The Louisiana Historical Records Advisory Board is hereby created in the Department of State.
B. The board shall be comprised of fifteen members. The membership of the board shall be:
(1) The secretary of state or his designee who shall be the chairman of the board.
(2) The director of state archives or his designee.
(3) The state librarian or his designee.
(4) One representative selected by the Louisiana Clerks of Court Association.
(5) One representative selected by the Louisiana Municipal Association.
(6) One representative selected by the Police Jury Association of Louisiana.
(7) One representative selected by the Louisiana Sheriffs' Association.
(8) One representative selected by the Louisiana Archives and Manuscripts Association.
(9) One representative selected by the Louisiana Historical Association.
(10) Six members appointed by the secretary of state, each of whom shall be subject to confirmation by the Senate, shall serve a term of office concurrent with the term of office of the secretary of state, and shall have expertise in one or more of the following fields:
(a) Administration of government or university records.
(b) Historical records.
(c) Archives.
C. Members of the board shall serve without compensation.
D. The board shall meet at regularly scheduled intervals and upon the call of the chairman.
Acts 2018, No. 85, §1, eff. May 10, 2018.
2023 Louisiana Laws › Revised Statutes › Title 44 - Public Records and Recorders › §44:502. Duties of the board

RS 44:502 - Duties of the board
A. The duties of the board shall include the following:
(1) To sponsor and publish surveys regarding the conditions of and needs concerning historical records in this state.
(2) To develop and solicit proposals for historical records projects to be undertaken by entities in this state or by the board with grants from the National Historical Publications and Records Commission, hereinafter referred to in this Chapter as the "national commission".
(3) To review historical records projects proposed by entities in this state and to make recommendations regarding such projects to the national commission.
(4) To develop, revise, and submit the state's priorities for historical records projects to the national commission in accordance with the guidelines developed by the national commission.
(5) To promote an understanding of the role and the value of historical records and recordkeeping.
(6) To act in an advisory capacity to the division of archives, records management, and history within the Department of State and to other archival or records entities in the state.
(7) To review, through reports and otherwise, the operation and progress of projects throughout the state which have been financed, in whole or in part, by grants from the national commission.
B. The board shall comply with the national commission's Manual of Suggested Practices, hereinafter referred to in this Chapter as the "national commission's manual".
C. The Department of State shall provide support staff, facilities, and resources to the board.
Acts 2018, No. 85, §1, eff. May 10, 2018.