State records: Preservation of obsolete and noncurrent records by Division; right to control records

1. Subject to the provisions of subsection 2, a state official may, with the prior approval of the State Library, Archives and Public Records Administrator, submit any obsolete official books, documents, original papers, newspaper files, printed books or other records not in current use in his or her office to the Division. 2. A state officer shall first obtain the consent and approval of the Governor. Any other state official shall obtain the consent of the department head under which the state official operates. 3. The Division may return a submission or any part thereof, if the submission has no historical or permanent value. 4. If the State Library, Archives and Public Records Administrator finds that any record so submitted has historical or permanent value and accepts it as an accession to the archives, the right to control and possession of it vests in the State Library, Archives and Public Records Administrator, and the submitting official is not entitled to reclaim it. If records are transferred to the Division by a state official only for the purpose of having the records stored safely on the state official’s behalf, the state official has constructive custody of the records and retains the right to control access to them.