2023 New York Laws › ACA - Arts and Cultural Affairs › Title U - Divisions of History and Public Records › Article 57 - Divisions of History and Public Records › 57.05 - State Archives.

§ 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.