CHAPTER 24:52:11

PRESERVATION OF GOVERNMENT RECORDS

Section

24:52:11:01        Archivist must approve destruction of state records.

24:52:11:02        Destruction authorized if archivist fails to act.

24:52:11:03        General applicability of rules -- Exceptions.

24:52:11:04        Destruction of local government records -- Archivist must be notified.

24:52:11:05        Destruction authorized if archivist fails to make recommendation.

          Cross-References: Public records and files, SDCLch 1-27; Records destruction board, art 10:03.

          24:52:11:02.  Destruction authorized if archivist fails to act. The agency may destroy the records in question if the archivist fails to act on the request within the allotted 30-day period, provided that the archivist is notified according to § 24:52:11:01 and that the agency has received a destruction authorization from the Records Destruction Board as required in SDCL 1-27-11.

          Source: 3 SDR 15, effective September 6, 1976; 11 SDR 96, 11 SDR 112, effective July 1, 1985; transferred from § 24:51:01:02, January 23, 1994; 26 SDR 168, effective June 25, 2000.

          General Authority:SDCL 1-18C-12.

          Law Implemented:SDCL 1-18C-5.

          Attorney General's Opinion: Authority of state records destruction board, AGR 69-45.

          24:52:11:03.  General applicability of rules -- Exceptions. This chapter applies to all state government records, including all records granted exclusive or continuous disposal authorization by the Records Destruction Board prior to adoption of this chapter, but with the specific exception of those records listed in this section. If the agency has received disposal authorization from the Records Destruction Board in compliance with the requirements of SDCL 1-27-11, the agency may destroy the following specific types of records without consulting the archivist: vouchers and supporting documents; warrants; personnel and payroll records; client/case files; capital asset inventories; cash receipts; duplicate copies of state publications; and original copies of records that have been legally reproduced under the provisions of SDCL 1-27-4.

          Source: 3 SDR 15, effective September 6, 1976; 11 SDR 96, 11 SDR 112, effective July 1, 1985; transferred from § 24:51:01:03, January 23, 1994; 26 SDR 168, effective June 25, 2000.

          General Authority:SDCL 1-18C-12.

          Law Implemented:SDCL 1-18C-9.

          Cross-References: Public records and files, SDCL 1-27-6 to 1-27-8, inclusive.

          24:52:11:04.  Destruction of local government records -- Archivist must be notified. Governing bodies or agencies of any county, city, town, township, district, authority, public corporation, or political subdivision planning to destroy local records, as defined in subdivision (1) of SDCL 1-27-9, shall notify the archivist 30 days before the date of the proposed destruction. Notification shall include the name or title of the records, inclusive dates, information content of the records, and quantity. If the archivist believes the records should be preserved, the archivist shall arrange for transfer of the records to the archives or to a suitable public records storage facility. Transfer of the records may be made at the expense of the state archivist. This section applies only to the following types of records: records more than 50 years old; records required by the Records Destruction Board to be kept 50 years or longer; annual reports; maps; minutes; and photographs.

          Source: 3 SDR 15, effective September 6, 1976; 11 SDR 96, 11 SDR 112, effective July 1, 1985; 18 SDR 126, effective February 3, 1992; transferred from § 24:51:01:04, effective January 23, 1994; 26 SDR 168, effective June 25, 2000.

          General Authority:SDCL 1-18C-12.

          Law Implemented:SDCL 1-18C-5, 1-18C-7.

          Cross-References: Public records and files, SDCL 1-18C-1(2), 1-27-18, 7-26-3.

          24:52:11:05.  Destruction authorized if archivist fails to make recommendation. Local government agencies may destroy the records for which petition to destroy has been made if the archivist does not recommend preserving the records within the allotted 30-day period, the archivist is notified according to § 24:52:11:04, and the Records Destruction Board has granted exclusive or continuous authorization as required in SDCL 1-27-19.

          Source: 3 SDR 15, effective September 6, 1976; 11 SDR 96, 11 SDR 112, effective July 1, 1985; 18 SDR 126, effective February 3, 1992; transferred from § 24:51:01:05, January 23, 1994.

          General Authority:SDCL 1-18C-12.

          Law Implemented:SDCL 1-18C-5, 1-18C-7.

          Cross-References:

          Destruction or impairment of public record, SDCL 22-11-24.

          Disposal of records permitted only as authorized by state law, SDCL 1-27-10.

          Records Destruction Board to supervise destruction of records, SDCL 1-27-11.

          Records management programs of local governments, SDCL 1-27-18.

          Destruction of ballots and pollbooks, SDCL 12-20-31.

          Attorney General's Opinions: County records may only be destroyed in accordance with state law, 1959-60 AGR 319; Authority of state Records Destruction Board, AGR 69-45; Destruction of obsolete municipal bonding records, AGR 72-53; Clerk of courts may destroy original copies of microfilmed records with permission of Records Destruction Board, AGR 74-2; Procedure for destruction of microfilmed records, AGR 76-42.