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Section 41-13-1
Section 41-13-1Public records defined.
As used in this article, the term 'public records' shall include all written, typed or printed books, papers, letters, documents and maps made or received in pursuance of law by the public officers of the state, counties, municipalities and other subdivisions of government in the transactions of public business and shall also include any record authorized to be made by any law of this state belonging or pertaining to any court of record or any other public record authorized by law or any paper, pleading, exhibit or other writing filed with, in or by any such court, office or officer.
(Acts 1945, No. 293, p. 486, §1.)Section 41-13-4
Section 41-13-4Assistance of public officials in preserving, filing, etc., of public records by Department of Archives and History.
The Department of Archives and History may examine into the condition of public records and shall at the request of the custodian thereof give advice and assistance to any public official in the solution of his problems of preserving, filing and making available the public records in his custody.
(Acts 1945, No. 293, p. 486, §5.)Section 41-13-5
Section 41-13-5Destruction, etc., of public records having no significance, importance or value.
Any public records, books, papers, newspapers, files, printed books, manuscripts, tapes or other public records which have no significance, importance or value may, upon the advice and recommendation of the custodian thereof and upon the further advice, recommendation and consent of the State or Local Government Records Commission be destroyed or otherwise disposed of. The State and Local Government Records Commissions are hereby authorized and empowered to make such orders, rules, and regulations as may be necessary or proper to carry the provisions of this section into effect.
(Acts 1945, No. 293, p. 486, §3; Acts 1987, No. 87-658, p. 1165, §1.)Section 41-13-20
Section 41-13-20State Records Commission created; composition; certain members subject to removal; compensation of members generally; meetings.
There is hereby created a State Records Commission consisting of seven members as follows: The Director of the Department of Archives and History, who shall be chairman of the commission; the Chief Examiner of the Department of Examiners of Public Accounts; the Attorney General; the Secretary of State; the Commissioner of the Department of Revenue; one member from the University of Alabama, to be designated by the head of the department of history and one member from Auburn University, to be designated by the head of the department of history. The representatives of the University of Alabama and Auburn University may be removed at any time. No salary or compensation shall be allowed any member of the commission except expenses incurred in the performance of their duties, which expenses shall be paid pursuant to Article 2 of Chapter 7 of Title 36 of this code. The commission shall hold regular quarterly meetings in January, April, July and October of each year and at other times upon the call of the chairman.
(Acts 1955, No. 565, p. 1226, §5.)Section 41-13-21
Section 41-13-21State Records Commission to make determination as to state records to be preserved or destroyed, etc., after or without microfilming; classification of records; state officers, etc., not to cause destruction, etc., of records without prior approval of commission; Supreme Court to determine disposition of court records.
The State Records Commission shall be charged with the responsibility of determining which state records shall be permanently preserved because of historical value, which state records may be destroyed or otherwise disposed of after they have been microfilmed and which state records may be destroyed or otherwise disposed of without microfilming. The commission may classify the different types of records accordingly.
No state officer or agency head shall cause any state record to be destroyed or otherwise disposed of without first obtaining approval of the State Records Commission; provided, however, that records of the courts within the Unified Judicial System may be disposed of in the manner and in accordance with such procedures as may be prescribed by rule of the Supreme Court, after consultation with the State Records Commission. Any such retention schedule prescribed by rule of the Supreme Court pertaining to records of the Unified Judicial System shall be deemed sufficient authorization for disposal and shall supersede any prior retention schedule with respect to such records, other provisions of the law to the contrary notwithstanding.
(Acts 1955, No. 565, p. 1226, §6; Acts 1967, No. 425, p. 1095; Acts 1980, No. 80-636, p. 1202.)Section 41-13-22
Section 41-13-22Local Government Records Commission created; composition; certain members subject to removal; compensation of members generally; meetings.
There is hereby created a Local Government Records Commission consisting of 12 members as follows: The Director of the Department of Archives and History, who shall be the chairman of the commission; the Chief Examiner of the Department of Examiners of Public Accounts; the Attorney General; the Secretary of State; one member from the University of Alabama, to be designated by the head of the department of history; one member from Auburn University, to be designated by the head of the department of history; one probate judge who is not a chairman of a county commission; two chairmen of county commissions who are not also probate judges; one county tax assessor and two city clerks, to be appointed by the Governor. The representatives of the University of Alabama and Auburn University, the probate judges, the two chairmen of county commissions, the tax assessors, and the two city clerks may be removed by the Governor at any time. No salary or compensation shall be allowed any member of the commission except expenses incurred in the performance of their duties, which expenses shall be paid pursuant to Article 2 of Chapter 7 of Title 36. The commission shall hold regular quarterly meetings in January, April, July and October of each year and at other times upon the call of the chairman.
(Acts 1955, No. 565, p. 1226, §7; Acts 1987, No. 87-658, p. 1165, §1.)Section 41-13-23
Section 41-13-23Local government commission to make determination as to county, municipal, etc., records to be preserved or destroyed, etc., after microfilming; classification of records; officials not to cause destruction, etc., of records without prior approval of commission.
The Local Government Records Commission shall be charged with the responsibility of determining which county, municipal, and other local government records shall be permanently preserved because of historical value and which county, municipal, and other local government records may be destroyed or otherwise disposed of after they have been microfilmed. The commission may classify the different types of records accordingly.
No county, municipal, or other local government official shall cause any county, municipal, or other local government record to be destroyed or otherwise disposed of without first obtaining the approval of the Local Government Records Commission.
(Acts 1955, No. 565, p. 1226, §8; Acts 1987, No. 87-658, p. 1165, §1.)Section 41-13-24
Section 41-13-24Conduct of surveys by State and Local Government Records Commissions authorized; issuance, etc., by commissions of regulations classifying public records, etc.
(a) Both the State Records Commission and the Local Government Records Commission are hereby empowered to conduct surveys of public records in carrying out the provisions of this chapter.
(b) Both commissions shall from time to time issue regulations classifying all public records and shall prescribe the period for which records of each class shall be retained. Such records may be permanent or for a lesser number of years. Such regulations may from time to time be amended or repealed. Prior to issuing such regulations, both the State Records Commission and the Local Government Records Commission shall consider the following factors:
(1) Actions at law and administrative proceedings in which the production of public records might be necessary or desirable;
(2) State and federal statutes of limitation applicable to such actions or proceedings;
(3) The availability of information contained in public records from other sources;
(4) The actual or potential historical value of certain public records; and
(5) Such other matters as the commissions shall deem pertinent in order that public records be retained for as short a period as is commensurate with the interests of the public.
(Acts 1955, No. 565, p. 1226, §10; Acts 1987, No. 87-658, p. 1165, §1.)Section 41-13-25
Section 41-13-25Payment of expenses of certain members of State and Local Government Records Commissions.
The expenses allowed by law for the county, municipal, and other local government officials who are members of the Local Government Records Commission shall be paid pursuant to Article 2 of Chapter 7 of Title 36. The expenses allowed by law for the representatives of the University of Alabama and Auburn University who are members of either the State Records Commission or the Local Government Records Commission shall be paid by their respective institutions.
(Acts 1955, No. 565, p. 1226, §11; Acts 1987, No. 87-658, p. 1165, §1.)Section 41-13-40
Section 41-13-40Photographing or microphotographing of records, books, files, etc.; admissibility in evidence, etc., of photographs, microfilms, etc.
The head of any office, court, commission, board, institution, department or agency of the state or of any political subdivision thereof may cause any record, document, plat, court file, book, map, paper, or writing made, acquired or received as required by law to be photographed or microphotographed on plate or film. Such photographs, microfilms or prints made therefrom, when duly authenticated by the custodian thereof, shall have the same force and effect at law as the original record or of a record made by any other legally authorized means and may be offered in like manner and shall be received in evidence in any court where such original record or record made by other legally authorized means could have been so introduced and received; provided, that the provisions of this article shall not apply to the State Department of Human Resources, the State Health Department, the State Board of Health, the state Department of Industrial Relations or to any other office, court, commission, board, institution, department or agency of the state which is otherwise authorized by law to provide for the photographing or microphotographing of its records.
(Acts 1955, No. 565, p. 1226, §1.)Section 41-13-41
Section 41-13-41Photographing or microphotographing of state records centralized in Department of Archives and History; charges for photographing or microphotographing.
The photographing or microphotographing of public records, except the public records of counties, municipalities and other political subdivisions of the State of Alabama, shall be centralized in the Department of Archives and History. The Department of Archives and History is authorized to charge any office, court, commission, board, institution, department or agency of the state for the photographing or microphotographing of public records belonging to that office, court, commission, board, institution, department or agency. Such charge shall be on a cost basis.
(Acts 1955, No. 565, p. 1226, §2.)Section 41-13-42
Section 41-13-42Purchase or lease of photographic or microphotographic equipment and supplies by Department of Archives and History authorized; appropriation of funds therefor.
The Department of Archives and History is hereby authorized to purchase or lease photographic or microphotographic equipment and supplies necessary to carry out the duties prescribed in this article.
There is hereby appropriated out of the General Fund of the state an amount sufficient to cover the cost of purchase or lease of such equipment and supplies, such appropriation to be released only upon the approval of the Governor.
(Acts 1955, No. 565, p. 1226, §4.)Section 41-13-43
Section 41-13-43Appropriation of funds by counties or municipalities for photographing or microphotographing of public records authorized.
The county commission of any county or municipality may appropriate an amount sufficient to cover the cost of photographing or microphotographing the public records belonging to that county or municipality.
(Acts 1955, No. 565, p. 1226, §3.)Section 41-13-44
Section 41-13-44State and county officials, etc., not to destroy, etc., public records until microfilmed copies processed and checked for accuracy.
No state or county official or employee shall destroy, dispose of or cause to be destroyed or disposed of any public record that has been microfilmed under the provisions of this article until the microfilm copy has been processed and checked with the original for accuracy.
(Acts 1955, No. 565, p. 1226, §9.)
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