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[Utah Code Table of Contents]
[TITLE 63. Table of Contents]
[CHAPTER 2. Table of Contents]
63-2-901 Division of Archives and Records Service created - Duties.
(1) There is created the Division of Archives and Records Service within the Department of Administrative Services.
(2) The state archives shall:
(a) administer the state's archives and records management programs, including storage of records, central microphotography programs, and quality control;
(b) apply fair, efficient, and economical management methods to the collection, creation, use, maintenance, retention, preservation, disclosure, and disposal of records and documents;
(c) establish standards, procedures, and techniques for the effective management and physical care of records;
(d) conduct surveys of office operations and recommend improvements in current records management practices, including the use of space, equipment, automation, and supplies used in creating, maintaining, storing, and servicing records;
(e) establish standards for the preparation of schedules providing for the retention of records of continuing value and for the prompt and orderly disposal of state records no longer possessing sufficient administrative, historical, legal, or fiscal value to warrant further retention;
(f) establish, maintain, and operate centralized microphotography lab facilities and quality control for the state;
(g) provide staff and support services to the records committee;
(h) develop training programs to assist records officers and other interested officers and employees of governmental entities to administer this chapter;
(i) provide access to public records deposited in the archives;
(j) provide assistance to any governmental entity in administering this chapter; and
(k) prepare forms for use by all governmental entities for a person requesting access to a record.
(3) The state archives may:
(a) establish a report and directives management program; and
(b) establish a forms management program.
(4) The executive director of the Department of Administrative
Services may direct the state archives to administer other
functions or services consistent with this chapter.
1992
63-2-902 State archivist - Duties.
(1) With the approval of the governor, the executive director of the Department of Administrative Services shall appoint the state archivist to serve as director of the state archives. The state archivist shall be qualified by archival training, education, and experience.
(2) The state archivist is charged with custody of the following:
(a) the enrolled copy of the Utah constitution;
(b) the acts and resolutions passed by the Legislature;
(c) all records kept or deposited with the state archivist as provided by law;
(d) the journals of the Legislature and all bills, resolutions, memorials, petitions, and claims introduced in the Senate or the House of Representatives;
(e) Indian war records; and
(f) oaths of office of all state officials.
(3) (a) The state archivist is the official custodian of all noncurrent records of permanent or historic value that are not required by law to remain in the custody of the originating governmental entity.
(b) Upon the termination of any governmental entity, its
records shall be transferred to the state archives.
1996
63-2-903 Duties of governmental entities.
The chief administrative officer of each governmental entity shall:
(1) establish and maintain an active, continuing program for the economical and efficient management of the governmental entity's records as provided by this chapter;
(2) appoint one or more records officers who will be trained to work with the state archives in the care, maintenance, scheduling, disposal, classification, designation, access, and preservation of records;
(3) make and maintain adequate and proper documentation of the organization, functions, policies, decisions, procedures, and essential transactions of the governmental entity designed to furnish information to protect the legal and financial rights of persons directly affected by the entity's activities;
(4) submit to the state archivist proposed schedules of records for final approval by the records committee;
(5) cooperate with the state archivist in conducting surveys made by the state archivist;
(6) comply with rules issued by the Department of Administrative Services as provided by Section 63-2-904 ;
(7) report to the state archives the designation of record series that it maintains;
(8) report to the state archives the classification of each record series that is classified; and
(9) establish and report to the state archives retention
schedules for objects that the governmental entity determines
are not records under Subsection
63-2-103
(18), but that have historical or evidentiary
value.
2002
63-2-904 Rulemaking authority.
(1) The executive director of the Department of Administrative Services, with the recommendation of the state archivist, may make rules as provided by Title 63, Chapter 46a, Utah Administrative Rulemaking Act, to implement provisions of this chapter dealing with procedures for the collection, storage, designation, classification, access, and management of records.
(2) A governmental entity that includes divisions, boards,
departments, committees, commissions, or other subparts that
fall within the definition of a governmental entity under
this chapter, may, by rule, specify at which level the requirements
specified in this chapter shall be undertaken.
1992
63-2-905 Records declared property of the state - Disposition.
(1) All records created or maintained by a governmental entity of the state are the property of the state and shall not be mutilated, destroyed, or otherwise damaged or disposed of, in whole or part, except as provided in this chapter.
(2) (a) Except as provided in Subsection (b), all records created or maintained by a political subdivision of the state are the property of the state and shall not be mutilated, destroyed, or otherwise damaged or disposed of, in whole or in part, except as provided in this chapter.
(b) Records which constitute a valuable intellectual property shall be the property of the political subdivision.
(c) The state archives may, upon request from a political subdivision, take custody of any record series of the political subdivision. A political subdivision which no longer wishes to maintain custody of a record which must be retained under the political subdivision's retention schedule or the state archive's retention schedule shall transfer it to the state archives for safekeeping and management.
(3) It is unlawful for a governmental entity or political
subdivision to intentionally mutilate, destroy, or otherwise
damage or dispose of a record series knowing that such mutilation,
destruction, or damage is in contravention of the political
subdivision's or the state archive's properly adopted retention
schedule.
1994
63-2-906 Certified and microphotographed copies.
(1) Upon demand, the state archives shall furnish certified copies of a record in its exclusive custody that is classified public or that is otherwise determined to be public under this chapter by the originating governmental entity, the records committee, or a court of law. When certified by the state archivist under the seal of the state archives, the copy has the same legal force and effect as if certified by the originating governmental entity.
(2) The state archives may microphotograph records when it determines that microphotography is an efficient and economical way to care, maintain, and preserve the record. A transcript, exemplification, or certified copy of a microphotograph has the same legal force and effect as the original. Upon review and approval of the microphotographed film by the state archivist, the source documents may be destroyed.
(3) The state archives may allow another governmental
entity to microphotograph records in accordance with standards
set by the state archives.
1992
63-2-907 Right to replevin.
To secure the safety and preservation of records, the
state archivist or his representative may examine all records.
On behalf of the state archivist, the attorney general may
replevin any records that are not adequately safeguarded.
1991
63-2-908 Inspection and summary of record series.
The state archives shall provide for public inspection
of the title and a summary description of each record series.
1997
63-2-909 Records made public after 75 years.
(1) The classification of a record is not permanent and a record that was not classified public under this act shall become a public record when the justification for the original or any subsequent restrictive classification no longer exists. A record shall be presumed to be public 75 years after its creation, except that a record that contains information about an individual 21 years old or younger at the time of the record's creation shall be presumed to be public 100 years after its creation.
(2) Subsection (1) does not apply to records of unclaimed
property held by the state treasurer in accordance with Title
67, Chapter 4a, Unclaimed Property Act.
1995
