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57.05 - State Archives.

NY Arts & Cult Aff L § 57.05 (2019) (N/A)
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(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.

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