C.R.S. Section 24-80-102
State archives and records

  • personnel
  • duties
  • cash fund
  • rules
  • definition

(1)

The department of personnel shall succeed to all records of governmental agencies, including any state agency and any office, department, division, board, bureau, commission, institution, or agency of any county, city, city and county, special district or other district in the state, or any legal subdivision thereof. Except as provided in subsection (6) of this section, the department of personnel shall be the official custodian and trustee for the state of all records of whatever kind that are transferred to it under this part 1 from any governmental agency, including any state agency and any office, department, division, board, bureau, commission, institution, or agency of any county, city, city and county, special district or other district in the state, or any legal subdivision thereof.

(1.5)

The state archives, created in the department of personnel, consists of a permanent records program and a records center as follows:

(a)

The permanent records program consists of records that have been transferred to the department of personnel pursuant to this part 1 and that the department will permanently keep and maintain due to the legal, historical, or administrative value or significance of the record. Records that are in the permanent records program in the state archives shall be accessible to the public, subject to the requirements of this section, but shall not be removed from the archives. The department of personnel is the custodian of any records in the permanent records program.

(b)

The records center consists of records that have been transferred, with the approval of the state archivist, to the department of personnel pursuant to this part 1 for storage until the final disposition of such records has been met. The state archivist may determine whether to accept any records from a governmental agency pursuant to this paragraph (b), and the state archivist’s acceptance of any such records shall be pursuant to a written agreement between the state archivist and the governmental agency from which the records originated. The governmental agency from which the records originated shall remain the custodian of any records transferred to the records center pursuant to this paragraph (b). The state archivist may establish fees, to be paid by governmental agencies that transfer records to the records center, as necessary, to pay for the direct and indirect costs of storing such records. The state archivist shall transmit all fees collected to the state treasurer, who shall credit the same to the state archives and records cash fund, created in subsection (10) of this section.
(2)(Deleted by amendment, L. 2016.)(3) The state archivist is responsible for the proper administration of records under this part 1. The state archivist shall determine and direct the administrative and technical procedures concerning state archives and records. The state archivist shall periodically study the problems of preservation and disposition of records, including digital records, and based on such study shall formulate and put into effect a program for records conservation by the state of Colorado or political subdivisions thereof.

(4)

To effectuate the purposes of this part 1, the governor may direct any political subdivision of the state to designate a records administrator to cooperate with and assist and advise the state archivist in the performance of the duties and functions concerning state archives and records and to provide such other assistance and data as will enable the department of personnel to properly carry out its activities and effectuate the purposes of this part 1.
(5)(Deleted by amendment, L. 2016.)(6) The general public and governmental agencies shall have the right of reasonable access to all records in the custody of the state archivist for purposes of historical reference, research, and information. The state historical society shall have the privilege of museum display of original historical records or facsimiles thereof, subject to the provisions of section 24-80-106. Copies of records having historical, library, or museum interest or value shall be furnished to the state historical society by the state archivist upon request of the society in accordance with the provisions of sections 24-80-103 and 24-80-107.
(7)(Deleted by amendment, L. 2016.)(8) Repealed.

(9)

Publications of the department concerning state archives and records circulated in quantity outside the executive branch shall be issued in accordance with the provisions of section 24-1-136.

(10)

Intentionally left blank —Ed.

(a)

Except as set forth in paragraph (b) of this subsection (10), the state archivist shall establish any fees as are necessary to pay for the direct and indirect costs of responding to requests for information and research from governmental agencies and the general public. The state archivist shall transmit all fees collected to the state treasurer, who shall credit the same to the state archives and records cash fund, which fund is hereby created. The moneys in the fund are subject to annual appropriation by the general assembly for the direct and indirect costs of responding to requests for information and research from governmental agencies and the general public and for the direct and indirect costs of storing records in the records center. All interest derived from the deposit and investment of moneys in the fund is credited to the fund. Any unexpended and unencumbered moneys remaining in the fund at the end of a fiscal year remain in the fund and shall not be credited or transferred to the general fund or any other fund.

(b)

Intentionally left blank —Ed.

(I)

The department of personnel shall not charge any fees for responding to a request for information or research from a member of the general assembly or his or her agent or anyone from a legislative service agency if the request:

(A)

Relates to an audio recording of a legislative proceeding or any document provided to the department of personnel by the legislative branch of the state; and

(B)

Is made in the performance of the requester’s official duties.

(II)

As used in this paragraph (b), “legislative service agency” means the office of legislative legal services, legislative council staff, office of the state auditor, or staff of the joint budget committee.

(c)

Notwithstanding subsection (10)(a) of this section, on July 1, 2020, the state treasurer shall transfer one hundred thirty thousand dollars from the state archives and records cash fund to the general fund.

(11)

The state archivist is a
type 2
entity, as defined in section 24-1-105, and exercises the archivist’s powers and performs the archivist’s duties and functions concerning state archives and records under the department of personnel.

(12)

The state archivist may promulgate rules in accordance with the “State Administrative Procedure Act”, article 4 of this title, as necessary to implement this part 1. Such rules may include, but need not be limited to:

(a)

Criteria and guidelines for determining whether a record is subject to the requirements of this part 1;

(b)

Administrative and technical procedures for records maintenance and management;

(c)

Procedures for the preservation, protection, transfer, and disposal of records; and

(d)

Procedures for the general public and governmental agencies to access records.

Source: Section 24-80-102 — State archives and records - personnel - duties - cash fund - rules - definition, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-24.­pdf (accessed Oct. 20, 2023).

24‑80‑101
Definitions 24‑80‑102
State archives and records - personnel - duties - cash fund - rules - definition 24‑80‑102.5
Custody of state property 24‑80‑102.7
Records management programs - records liaison officers 24‑80‑103
Determination of value - disposition 24‑80‑104
Transfer of records to archives 24‑80‑105
Disposal of records 24‑80‑106
Protection of records 24‑80‑107
Reproduction on film - evidence - digital scans 24‑80‑108
Access to records 24‑80‑109
Records may be replevined 24‑80‑110
Disagreement as to value of records 24‑80‑113
State archives - available storage space - report 24‑80‑115
State archivist - review of best practices - records advisory board 24‑80‑116
Display of original state constitution in state capitol - online display of state constitution - educational opportunities 24‑80‑201
Society an educational institution 24‑80‑201.5
State historical society - board - appointment - powers and duties 24‑80‑201.7
Directors council - creation - election - duties 24‑80‑202
Trustee for state - exchange duplicates - lending materials 24‑80‑202.5
Funding recommendations 24‑80‑203
Publications 24‑80‑204
Employees 24‑80‑205
Disposition of duplicate specimens - loans authorized 24‑80‑206
Society to accept gifts 24‑80‑207
Purpose of donations 24‑80‑208
Donations providing conditions on use 24‑80‑209
Title to property - disbursement of revenues - enterprise services cash fund - community museums cash fund - definition 24‑80‑210
Collections classed and catalogued 24‑80‑211
Society and division 24‑80‑212
Transfer of mineral exhibits and documents 24‑80‑213
Assistance from educational institutions 24‑80‑214
State museum cash fund 24‑80‑215
America 250 - Colorado 150 commission - creation - powers and duties - report - definitions - repeal 24‑80‑216
Federal Indian boarding school research program - recommendations - definitions - repeal 24‑80‑217
State historical society strategic initiatives fund - creation - repeal 24‑80‑301
County units 24‑80‑302
Office in county courthouse 24‑80‑303
County to pay expenses 24‑80‑304
Title to property 24‑80‑305
Custodian - finance board - indebtedness 24‑80‑306
Collection of material - expense 24‑80‑307
Duty of secretary-custodian - report 24‑80‑401
Title to historical, prehistorical, and archaeological resources 24‑80‑402
Administration of part 4 24‑80‑403
Office of state archaeologist - purpose 24‑80‑404
State archaeologist - appointment - qualifications 24‑80‑405
Objectives and duties of the state archaeologist 24‑80‑406
Permits 24‑80‑407
Agreements 24‑80‑408
Properties not owned by the state 24‑80‑409
Penalty - injunction - temporary restraining order 24‑80‑410
State monuments 24‑80‑411
Applicability of this part 4 to human remains 24‑80‑501
Monuments enumerated - control 24‑80‑502
Survey - report - acquisition 24‑80‑601
Name changed from Grand 24‑80‑602
Effect 24‑80‑701
Name changed from Veta peak 24‑80‑801
Penalty for damaging monuments 24‑80‑802
Historic trail - marking 24‑80‑803
Old Spanish trail - marking - legislative declaration 24‑80‑901
Size and description of seal 24‑80‑902
Punishment for illegal use 24‑80‑903
Secretary of state alone can affix - custodian 24‑80‑904
State flag 24‑80‑905
Columbine 24‑80‑906
Duty to protect 24‑80‑907
Limitation on picking state flower 24‑80‑908
Violation a misdemeanor - penalty 24‑80‑909
State song 24‑80‑909.5
State folk dance 24‑80‑910
Lark bunting 24‑80‑910.5
State pets 24‑80‑911
State animal 24‑80‑911.3
State reptile 24‑80‑911.4
State amphibian 24‑80‑911.5
State fish 24‑80‑912
State gemstone 24‑80‑912.5
State mineral 24‑80‑912.7
State rock 24‑80‑913
State insect 24‑80‑914
State museum 24‑80‑915
State cactus 24‑80‑1001
Legislative declaration 24‑80‑1201
Ghost towns - historical society may designate 24‑80‑1202
Destruction of ghost town - penalty 24‑80‑1301
Definitions 24‑80‑1302
Discovery of human remains 24‑80‑1303
Discovery of human remains during an anthropological investigation 24‑80‑1304
Rule-making authority - state archaeologist 24‑80‑1305
Violation and penalty 24‑80‑1401
Colorado veterans’ monument preservation trust fund - preservation trust committee - park name change
Green check means up to date. Up to date

Current through Fall 2024

§ 24-80-102’s source at colorado​.gov