§ 24-80-102. State Archives and Records – Personnel – Duties – Cash Fund – Rules – Definition

1. The department of personnel shall succeed to all records of governmental agencies, including any state agency and any office, department, division, board, bureau, commission, institution, or agency of any county, city, city and county, special district or other district in the state, or any legal subdivision thereof. Except as provided in subsection (6) of this section, the department of personnel shall be the official custodian and trustee for the state of all records of whatever kind that are transferred to it under this part 1 from any governmental agency, including any state agency and any office, department, division, board, bureau, commission, institution, or agency of any county, city, city and county, special district or other district in the state, or any legal subdivision thereof.

   (1.5) The state archives, created in the department of personnel, consists of a permanent records program and a records center as follows:

   1. The permanent records program consists of records that have been transferred to the department of personnel pursuant to this part 1 and that the department will permanently keep and maintain due to the legal, historical, or administrative value or significance of the record. Records that are in the permanent records program in the state archives shall be accessible to the public, subject to the requirements of this section, but shall not be removed from the archives. The department of personnel is the custodian of any records in the permanent records program.
   2. The records center consists of records that have been transferred, with the approval of the state archivist, to the department of personnel pursuant to this part 1 for storage until the final disposition of such records has been met. The state archivist may determine whether to accept any records from a governmental agency pursuant to this paragraph (b), and the state archivist’s acceptance of any such records shall be pursuant to a written agreement between the state archivist and the governmental agency from which the records originated. The governmental agency from which the records originated shall remain the custodian of any records transferred to the records center pursuant to this paragraph (b). The state archivist may establish fees, to be paid by governmental agencies that transfer records to the records center, as necessary, to pay for the direct and indirect costs of storing such records. The state archivist shall transmit all fees collected to the state treasurer, who shall credit the same to the state archives and records cash fund, created in subsection (10) of this section.
2. (Deleted by amendment, L. 2016.)
3. The state archivist is responsible for the proper administration of records under this part 1. The state archivist shall determine and direct the administrative and technical procedures concerning state archives and records. The state archivist shall periodically study the problems of preservation and disposition of records, including digital records, and based on such study shall formulate and put into effect a program for 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 state archivist in the performance of the duties and functions concerning state archives and 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. (Deleted by amendment, L. 2016.)
6. The general public and governmental agencies shall have the right of reasonable access to all records in the custody of the state archivist for purposes of historical reference, research, and information. 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 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. (Deleted by amendment, L. 2016.)
8. Repealed.
9. Publications of the department concerning state archives and records circulated in quantity outside the executive branch shall be issued in accordance with the provisions of section 24-1-136.
10. 1. Except as set forth in paragraph (b) of this subsection (10), the state archivist shall establish any fees as are necessary to pay for the direct and indirect costs of responding to requests for information and research from governmental agencies and the general public. The state archivist shall transmit all fees collected to the state treasurer, who shall credit the same to the state archives and records cash fund, which fund is hereby created. The moneys in the fund are subject to annual appropriation by the general assembly for the direct and indirect costs of responding to requests for information and research from governmental agencies and the general public and for the direct and indirect costs of storing records in the records center. All interest derived from the deposit and investment of moneys in the fund is credited to the fund. Any unexpended and unencumbered moneys remaining in the fund at the end of a fiscal year remain in the fund and shall not be credited or transferred to the general fund or any other fund.
    2. 1. The department of personnel shall not charge any fees for responding to a request for information or research from a member of the general assembly or his or her agent or anyone from a legislative service agency if the request:
          1. Relates to an audio recording of a legislative proceeding or any document provided to the department of personnel by the legislative branch of the state; and
          2. Is made in the performance of the requester’s official duties.
       2. As used in this paragraph (b), “legislative service agency” means the office of legislative legal services, legislative council staff, office of the state auditor, or staff of the joint budget committee.
    3. Notwithstanding subsection (10)(a) of this section, on July 1, 2020, the state treasurer shall transfer one hundred thirty thousand dollars from the state archives and records cash fund to the general fund.
11. The powers, duties, and functions of the state archivist and the department of personnel concerning state archives and records shall be administered as if transferred by a type 2 transfer to the department of personnel.
12. The state archivist may promulgate rules in accordance with the “State Administrative Procedure Act”, article 4 of this title, as necessary to implement this part 1. Such rules may include, but need not be limited to:
    1. Criteria and guidelines for determining whether a record is subject to the requirements of this part 1;
    2. Administrative and technical procedures for records maintenance and management;
    3. Procedures for the preservation, protection, transfer, and disposal of records; and
    4. Procedures for the general public and governmental agencies to access records.

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. L. 2010: (10) amended, (HB 10-1181), ch. 351, p. 1628, § 21, effective June 7. L. 2013: (10) amended, (SB 13-076), ch. 151, p. 493, § 1, effective August 7. L. 2015: (10)(a) amended, (SB 15-190), ch. 105, p. 306, § 1, effective April 16. L. 2016: Entire section amended, (HB 16-1368), ch. 231, p. 925, § 2, effective August 10. L. 2020: (10)(c) added, (HB 20-1406), ch. 178, p. 812, § 10, effective June 29.

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.