RS 417 - Deposit of records of historical value; transfer of deposited records to public or educational institutions; disposition of abandoned property
A. The records and associated historical materials of any governor of the state of Louisiana, or any other official of the state, shall be transferred to the custody of the state archivist and deposited with the state archives program within the division when the governor, or other official of the state, leaves office. This Section shall not affect the confidentiality of such records as established by law, nor require the transfer of any document certified by the governor, governor elect, or other official of the state, to be essential for the continued efficient operation of the relevant governmental office; nor shall the provisions of this Section be construed to apply to demonstrably personal and private papers.
B. The state archivist is authorized:
(1) To accept for deposit in the state archives those records of any state or local agency or of the legislature that are determined by the director to have sufficient historical or other value to warrant their continued preservation by the state government of Louisiana.
(2) To direct and effect the transfer to the state archives of any records that have been in existence for more than fifty years and that are determined by the state archivist to have sufficient historical or other value to warrant their continued preservation by the state, unless the head of the state or local agency having custody of the records shall certify in writing to the state archivist that those records must be retained in agency custody because they are essential in the conducting of the regular current business of the said agency.
C. The state archivist is also authorized:
(1) To direct and effect, in accordance with law, with the policies of the division, and with any restrictions or stipulations agreed upon between the division and the head of the originating agency, or its successor, if any, the transfer of records deposited or approved for deposit in the state archives or the records center to public or educational institutions for special research or exhibit purposes. It is prescribed and provided that title to such records shall remain vested in the state of Louisiana unless otherwise authorized by law or, in the absence of legal provision, through policies established by the division. It is further provided that such records may be recalled after reasonable notice in writing.
(2) To direct and effect the transfer to the division from private sources of materials which the state archivist is authorized to receive, and to hold in the custody of the division under the provisions of R.S. 44:406 and R.S. 44:420.
D. Notwithstanding any other provision of law to the contrary, any property deposited with the state archives and held for more than ten years, excluding agency storage collections, to which no person has made a claim shall be considered abandoned and shall become property of the state archives, provided all of the following provisions are met:
(1) At least once a week for two consecutive weeks, the state archivist shall publish a notice and listing of the property in at least one newspaper of general circulation in the parish of the last known address of the owner or depositor. If no record exists of the address of the last known owner or depositor, the notice shall be published in the official journal of the state. The notice shall contain:
(a) The name and last known address, if any, of the last known owner or depositor of the property.
(b) A description of the property.
(c) A statement that if proof of claim is not presented to the state archivist and if the claimant's right to receive the property is not established to the satisfaction of the state archivist not later than sixty-five days after the publication date of the second notice, the property shall be considered abandoned and shall become the property of the state archives.
(2) If no claim to the property is satisfactorily established within the sixty-five-day period, title to the property shall vest in the state archives free from all claims of ownership.
Acts 1956, No. 337, §17; Acts 1985, No. 238, §1, eff. July 6, 1985; Acts 2021, No. 87, §1, eff. June 4, 2021.