24-80-102. State archives and public records - personnel - duties - cash fund - rules.

(1) The department of personnel shall succeed to all records of the state of Colorado or any political subdivision thereof, as the same are defined in section 24-80-101. Except as provided in subsections (5), (6), and (7) of this section, the department of personnel shall be the official custodian and trustee for the state of all public records of whatever kind that are transferred to it under this part 1 from any public office of the state or any political subdivision thereof.

(2) The chief administrative officer over state archives and public records shall be the executive director of the department of personnel.

(3) The executive director of the department of personnel shall be responsible for the proper administration of public records under this part 1. It is the executive director's duty to determine and direct the administrative and technical procedures concerning state archives and public records. The executive director shall study the problems of preservation and disposition of records, as defined in section 24-80-101, and based on such study shall formulate and put into effect, to the extent authorized by law, within the department of personnel or otherwise, such program as the executive director deems advisable or necessary for public records conservation by the state of Colorado or political subdivisions thereof.

(4) To effectuate the purposes of this part 1, the governor may direct any political subdivision of the state to designate a records administrator to cooperate with and assist and advise the executive director of the department of personnel in the performance of the duties and functions concerning state archives and public records and to provide such other assistance and data as will enable the department of personnel to properly carry out its activities and effectuate the purposes of this part 1.

(5) Items in the present care, custody, and trusteeship of the executive director of the department of personnel which are not records, as defined by section 24-80-101, because of their historical, library, or museum interest or value, shall be retained by the state historical society, and items which are not records which are in the future proposed for disposition under the provisions of this part 1, but determined to be of historical, library, or museum interest or value, shall be transferred to the state historical society with its consent in accordance with the provisions set forth in section 24-80-104.

(6) The state historical society, qualified students, and scholars approved by the society or the state archivist and other appropriate persons shall have the right of reasonable access to all records in the custody of the executive director of the department of personnel for purposes of historical reference, research, and information, and the state historical society shall have the privilege of museum display of original historical records or facsimiles thereof, subject to the provisions of section 24-80-106. Copies of records, as defined in section 24-80-101, having historical, library, or museum interest or value shall be furnished to the state historical society by the state archivist upon request of the society in accordance with the provisions of sections 24-80-103 and 24-80-107.

(7) In the event of disagreement between the state historical society and the department of personnel as to the custody of any records, as defined in section 24-80-101, the governor, with the advice of the attorney general, shall make a final and conclusive determination and order and direct custody accordingly.

(8) Repealed.

(9) Publications of the department concerning state archives and public records circulated in quantity outside the executive branch shall be issued in accordance with the provisions of section 24-1-136.

(10) The executive director of the department of personnel shall establish by rule any fees as are necessary to pay for the direct and indirect costs of responding to requests for information from nonstate agencies, including requests that are processed through other state agencies. All fees collected shall be transmitted to the state treasurer, who shall credit the same to the state archives and public records cash fund, which fund is hereby created. The moneys in the fund shall be subject to annual appropriation by the general assembly for the direct and indirect costs of responding to requests for information from nonstate agencies, including requests that are processed through other state agencies. All interest derived from the deposit and investment of moneys in the fund shall be credited to the fund. Any unexpended and unencumbered moneys remaining in the fund at the end of a fiscal year shall remain in the fund and shall not be credited or transferred to the general fund or any other fund. In no event shall the executive director charge any fee to any public entity to produce information that the public entity is required by law to file with the state archives.

(11) The powers, duties, and functions concerning state archives and public records shall be administered as if transferred by a type 2 transfer to the department of personnel.

Source: L. 51: p. 777, § 2. CSA: C. 154, § 18(11). CRS 53: § 131-3-2. L. 59: p. 742, § 2. C.R.S. 1963: § 131-3-2. L. 64: p. 174, § 147. L. 68: p. 101, §§ 57, 58. L. 77: (2) amended, p. 283, § 44, effective June 29. L. 83: Entire section amended, p. 838, § 54, effective July 1. L. 92: (10) added, p. 1084, § 1, effective March 4. L. 95: (1) and (2) amended and (11) added, p. 655, § 75, effective July 1. L. 96: (1) to (4) and (7) to (11) amended, p. 1508, § 29, effective June 1; (8) repealed, p. 1272, § 204, effective August 7. L. 97: (5) and (6) amended, p. 1022, § 42, effective August 6. L. 2003: (4) amended, p. 2090, § 1, effective August 6. L. 2006: (4) and (10) amended, p. 1503, § 44, effective June 1. L. 2009: (10) amended, (HB 09-1150), ch. 309, p. 1667, § 7, effective August 5.

Editor's note: Subsection (10) was amended in a 2009 act that was passed without a safety clause. The act, or portions thereof, may not take effect if the people exercise their right to petition under article V, section 1 (3) of the state constitution. For further explanation concerning the effective date, see page ix of this volume.

Cross references: For the legislative declaration contained in the 1996 act repealing subsection (8), see section 1 of chapter 237, Session Laws of Colorado 1996.