Current with operative changes from the 2024 Third Special Legislative Session
Section 44:422 - Safeguards against the removal, unlawful destruction, or loss of recordsA. The head of each agency 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 head of each agency shall notify the secretary through the state archivist of any actual, impending, or threatened unlawful removal, damage, falsification, defacement, alteration, or destruction of records in the custody of the agency that come to his attention and shall assist the secretary in initiating legal action through the attorney general for their recovery.C. The secretary shall notify the head of any agency of any actual, impending, or threatened unlawful removal, damage, falsification, defacement, alteration, or destruction of records in the custody of the agency that come to his attention.D. The secretary may refer any matter to the legislative auditor, inspector general, or attorney general as necessary for investigation relating to any instance of actual, impending, or threatened unlawful removal, damage, falsification, defacement, alteration, or destruction of records, including but not limited to fraudulent creation, distribution, or filing of records.E. 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, the secretary shall have the authority to require and schedule transfer of the records to the physical and legal custody of the division and the state archivist.Acts 1956, No. 337, §22; Acts 1985, No. 238, §1, eff. July 6, 1985; Acts 2021, No. 213, §1, eff. June 11, 2021.Amended by Acts 2024, No. 508,s. 1, eff. 8/1/2024.Amended by Acts 2021, No. 213,s. 1, eff. 6/11/2021.Acts 1956, No. 337, §22; Acts 1985, No. 238, §1, eff. 7/6/1985.