An Act To Amend the Archives and Records Management Law
Sec. 1. 5 MRSA §92, as amended by PL 1997, c. 636, §1, is further amended by adding at the end a new paragraph to read:
It is also the policy of the State to ensure that operational, nonpermanent records of agencies are preserved for the time required by approved records retention schedules established pursuant to section 95-C, subsection 2, paragraph A, subparagraph (3) to meet administrative use, legal, fiscal and audit requirements and to ensure compliance with requests for public records under the Freedom of Access Act.
Sec. 2. 5 MRSA §92-A, sub-§2, as amended by PL 1997, c. 636, §2, is further amended to read:
Sec. 3. 5 MRSA §92-A, sub-§4, as amended by PL 1995, c. 148, §4 and PL 2003, c. 20, Pt. OO, §2 and affected by §4, is further amended to read:
Sec. 4. 5 MRSA §92-A, sub-§6, as enacted by PL 1997, c. 636, §4, is amended to read:
Sec. 5. 5 MRSA §92-A, sub-§7 is enacted to read:
Sec. 6. 5 MRSA §94, as amended by PL 1989, c. 716, is further amended to read:
§ 94. Maine State Archives
The office of the State Archivist is a bureau within the Department of the Secretary of State and consists of at least 2 organizational units as the State Archivist and the Secretary of State determine best suited to the accomplishment of the functions and purposes of this chapter. One organizational unit consists of the State Archivist and immediate support staff archives services and one organizational unit consists of records management. The office is known as the Maine State Archives. The State Archivist is the official custodian of the archival resources of the State and has, upon consent of the Secretary of State, the duties and powers established under section 95-C governing the creation, use, maintenance, retention, preservation and disposal of agency records.
Sec. 7. 5 MRSA §95, as amended by PL 2009, c. 509, §§2 to 4, is repealed.
Sec. 8. 5 MRSA §95-B, sub-§2, as amended by PL 2001, c. 704, §1, is further amended to read:
The State Archivist shall report the results of the survey, with recommendations, to the joint standing committees of the Legislature having jurisdiction over education and cultural affairs and over state and local government matters.
Sec. 9. 5 MRSA §95-B, sub-§2-A, as enacted by PL 2001, c. 704, §2, is repealed.
Sec. 10. 5 MRSA §95-B, sub-§§7 and 8, as enacted by PL 1995, c. 148, §10, are amended to read:
Sec. 11. 5 MRSA §95-C is enacted to read:
§ 95-C. Powers and duties
Fees collected under this paragraph must be deposited in the General Fund; and
(1) Provide policies, procedures, standards and techniques for effective management of state and local government records in the conduct of business;
(2) Recommend improvements in records management practices for electronic records, including the use of electronic records management systems, and for physical records, including the use of space, equipment and supplies employed in creating, maintaining, storing and servicing state and local government records;
(3) Establish records retention schedules, in consultation with the heads of agencies and their records officers appointed pursuant to paragraph B. The records retention schedules must define the period of time for which each agency must retain records based on the following 4 criteria:
(a) Administrative use;
(b) Legal requirements;
(c) Fiscal and audit requirements; and
(d) Historical and research value.
A state agency shall retain records of value, and transfer custody to the Maine State Archives, or dispose, as provided by the records retention schedule, of records no longer possessing sufficient administrative, legal or fiscal value to warrant their further keeping for business purposes; and
(4) Obtain such reports from state agencies as are required for the administration of the program, including a biennial assessment of agency records management programs and currency of agency record schedules, in compliance with policies, procedures and standards set by the Maine State Archives.
Sec. 12. 5 MRSA §96, as amended by PL 1989, c. 503, Pt. B, §9, is repealed and the following enacted in its place:
§ 96. Archives Advisory Board
The State Archivist serves as a nonvoting member.
Sec. 13. 5 MRSA §97, as repealed and replaced by PL 1977, c. 696, §33, is amended to read:
§ 97. Violation
Violation of any provision of this chapter or any rules and regulations issued adopted under section 95 95-C, subsection 3 1, paragraph C, except those violations for which specific penalties are provided, is a Class E crime.
Sec. 14. 5 MRSA §98, sub-§1, ¶¶D and E, as enacted by PL 2001, c. 704, §3, are amended to read:
Sec. 15. 5 MRSA §98, sub-§1, ¶F, as enacted by PL 2001, c. 704, §3, is repealed.
Sec. 16. 5 MRSA §98, sub-§2, as enacted by PL 2001, c. 704, §3, is amended to read:
This bill makes the following changes to the archives and records management laws:
1. Adds language to specify that it is the policy of the State to ensure that nonpermanent records are preserved for the time required by an approved records retention schedule;
2. Adds language to include the advice from the Archives Advisory Board in the State Archivist's consideration of what constitutes an archival record, to change the definition of state agency or agency to include all government agencies that transmit records to the Maine State Archives and to change the definition of electronic records;
3. Adds language to specify the 2nd organizational unit within the Maine State Archives is records management and adds language to the Maine Revised Statutes, Title 5, section 94 that was stricken from Title 5, section 95 regarding powers and duties of the State Archivist;
4. Changes the laws governing the State Archivist to reflect the 2 organizational units of the Maine State Archives: archives services and records management. It adds language to strengthen the records management practices for all state and local government agencies by using 4 criteria in the development of a guiding records retention schedule: administrative use, legal requirements, fiscal and audit requirements and historical and research value;
5. Specifies when local government records may be destroyed;
6. Repeals and replaces the laws governing the Archives Advisory Board to change the expertise required of members, to provide that members are appointed by the Secretary of State and to provide 3-year terms for members; and
7. Removes the requirement that the Maine Historical Records Advisory Board report to the joint standing committee of the Legislature having jurisdiction over education and cultural affairs but retains the requirement that the board report to the joint standing committee of the Legislature having jurisdiction over state and local government matters, which is the committee of oversight for the Maine State Archives. It also removes a reference to funding a full-time position that was eliminated in Public Law 2015, chapter 480.