45-404. Duties of state records board; disposition of county records.
45-404
45-404. Duties of state records board; disposition of county records.The state records board shall:
(a) Approve or modify retention and disposition schedules and recordsmanuals prepared pursuantto subsections (c) and (d) of K.S.A. 45-406 and amendments thereto.Once approved by the board the retentionand disposition schedules for state agencies shall be filedwith the secretary of state. Without furtheraction by the board, noncurrentrecords of state agencies scheduled for disposition may be disposed of asprovided in the schedules and noncurrent records scheduled for retentionmay be transferred to the state archives, subject to approval by the statearchivist and in accordance with procedures to be established by the state archivist.
(b) Pass upon any proposed revisions in the retention and dispositionschedules and upon requests for authority to dispose of records of stateagencies or counties not listed in the schedules. No records of stateagencies or counties shall be disposed of before the retention periodsdesignated in the scheduleshave elapsed without the approval of the board. No state agency or countyshall be required to destroy records which it chooses to retain, even though theretention and disposition schedules authorize their destruction. The retentionand disposition schedules for all local agencies except countiesshall be recommendations andshall not alter or replace current statutes authorizing or restricting thedisposition of government records by local agencies.
(c) Any board of county commissioners may order disposition of anynoncurrent county government records after minimum retention periods setforth in the schedules prepared pursuant to subsection (d) of K.S.A. 45-406and amendments thereto. Any board of county commissioners may petition thestate records board for amendments to the schedules, for authority todepart from specific provisions of the schedules or for authority toimplement schedules applicable to only a single county.
(d) With the approval of the state archivist, the board of countycommissioners of any county may transfer any noncurrent county governmentrecords to the custody of the state historical society. The board ofcounty commissioners of any county may transfer any noncurrent countygovernment records which have been determined by the state archivist to berecords, which are not required by law to be confidential or restricted, tothe custody of a county historical society, a genealogical society, apublic library, a college or university library or another local orregional repository in Kansas, determined by the state archivist to besuitable, which will accept such records, except that under authority ofthis subsection no records relating to the mental or physical health of anyperson shall be so transferred.
(e) Pass upon recommendations by the state archivist for transfer to thestate archives of any noncurrent government records with enduring value whichare held by a state agency opposing such a transfer. When the state archivistmakes such a recommendation, the state agency opposing the transfer shalldefend before the board its reasons for wanting to retain the records inits custody, and the board shall determine whether the transfer shall occur.
(f) Approve or modify recommended microphotographic standards preparedby the state archivist and pass upon requests for authority to dispose oforiginal government records of state agencies following reproduction onfilm, as provided in K.S.A. 45-412 and amendments thereto.
History: L. 1981, ch. 331, § 4; L. 1984, ch. 188, § 2;L. 1988, ch. 366, § 11; June 1.