New York Laws
Article 57 - Divisions of History and Public Records
57.05 - State Archives.

(a) To assume responsibility for the physical possession, storage,
servicing and preservation of state agency records accepted into the
state records center, and for the security of the information contained
in or on them. State records stored with the state archives shall for
all purposes be deemed to be within the possession, custody and control
of the agency that transferred such records.
(b) To authorize the disposal or destruction of state records
including books, papers, maps, photographs, microphotographs or other
documentary materials made, acquired or received by any agency. At least
forty days prior to the proposed disposal or destruction of such
records, the commissioner of education shall deliver a list of the
records to be disposed of or destroyed to the attorney general, the
comptroller and the state agency that transferred such records. No state
records listed therein shall be destroyed if within thirty days after
receipt of such list the attorney general, comptroller, or the agency
that transferred such records shall notify the commissioner of education
that in his opinion such state records should not be destroyed.
(c) To agree to the deposit of noncurrent state records in the state
records center.
(d) To review plans submitted by state agencies for management of
their records and to make recommendations thereupon to the head of the
state agency and the director of the division of the budget.
(e) To inquire into the condition, character, amount and method of
keeping such records.
(f) To develop and implement a comprehensive and ongoing training
program in records management for all state agencies.
(g) To provide technical assistance in records management for state
agencies.
(h) To provide for the transfer of such records having archival value
from the state records center to the state archives for their permanent
preservation.
(i) To develop and implement a fee schedule, to be adopted by the
board of regents pursuant to rules and regulations adopted in conformity
with the state administrative procedure act, to support records
management activities subject to the following:
(i) the fee schedule may be changed only once in any twelve month
period, and
(ii) after the initial fee schedule is established by the board of
regents, proposed changes to said schedule must be included in the
annual budget request submitted to the director of the budget. Such
amended fee schedule shall not become effective until enactment of the
budget submitted annually by the governor to the legislature in
accordance with article seven of the constitution, and shall generate
revenues consistent with appropriations contained therefor within such
budget and sufficient to cover anticipated expenditures for the period
for which such fees shall be effective.
(j) To promulgate such other regulations as are necessary to carry out
the purposes of this subdivision.

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