RÉSUMÉ DIGEST
ACT 508 (SB 149) 2024 Regular Session Fields
Prior law defined "state archives" as an establishment maintained by the division to
administer a program to provide for the preservation of those records and other papers that
have been determined by the state archivist to have sufficient historical, fiscal, or legal value
to warrant their continued preservation by the state, whether they have been deposited with
the state archives or are to be maintained in agency custody.
New law defines "state archives" as en establishment maintained by the secretary of state to
administer a program to provide for preservation of records, papers, and artifacts, that have
been determined by the state archivist to have sufficient historical, fiscal, or legal value to
warrant their continued preservation by the state.
Prior law defined "records management" as the systematic application of management
techniques to the creation, utilization, maintenance, retention, preservation, and disposal of
records for the purpose of reducing costs and improving efficiency of records keeping,
including management of filing and microfilming equipment and supplies; filing and
information retrieval systems; files, correspondence, reports, and forms management;
historical documentation; micrographics; retention programming; and vital records protection
New law defines "records management" as the systematic application of management
techniques to the creation, utilization, maintenance, retention, preservation, and disposal of
records for the purpose of reducing costs and improving efficiency of records keeping,
including the conversion of records from one format to another, filing and information
retrieval systems, and vital records protection.
Existing law defines "records center" as an establishment maintained by the division
primarily for the economical storage, processing, servicing, and security of inactive public
records that must be retained for varying periods of time but which need not be held in
agency offices for the entire periods.
New law retains existing law and makes technical changes.
Prior law defined "retention and disposal schedule" as a set of disposition instructions
prescribing how long, in what location, under what conditions, and in what form records
series shall be kept.
New law changes the term "retention and disposal schedule" to "retention schedule" but
otherwise retains prior law.
Prior law defined "destruction" as to destroy by shredding, burning, or other suitable means
of obliteration.
New law repeals prior law.
Prior law defined "disposal" as destruction in any manner approved by the environmental
authority; or, transferral into the custody of the repository designated by the state archivist
as most appropriate for continued maintenance.
New law defines "disposal" as destruction in any manner approved by the environmental
authority and state archivist; or, transferral into the custody of the repository designated by
the state archivist as most appropriate for continued maintenance.
Existing law provides that the secretary of state may promulgate or authorize the state
archivist to promulgate policies establishing procedures for the retention, disposal,
reproduction, and collection of records.
New law makes technical changes but otherwise retains existing law and provides that only
the secretary of state may promulgate these policies.
New law further provides that the secretary is authorized to inspect, survey, and obtain
reports on records and records management and disposal policies of any agency and that the
secretary may report his findings to the governor or legislature.
Prior law provided that the state archivist shall collect court records, official documents,
reports, newspapers, church records, private papers, and other historical materials and data
pertaining to the colonial, territorial, and statehood periods from the earliest times to the
present, to have said documents, records, and material properly repaired, filed, indexed, and
preserved, whether physically or by micrographic or other appropriate process or both, and,
when deemed desirable, edited and published to encourage historical investigation and
research in the history of the state. Further provides that when original documents or records
are to be maintained in the possession of a custodial agency, the division may provide for the
making of a microphotographic security copy or other appropriate facsimile for deposit with
the state archives.
New law provides that the state archivist may collect and accept records of any format,
papers, and artifacts, from agencies or the public, provided these records adhere to the
mission of the division as provided in present law and that the division shall prepare
inventories, indexes, catalogs, and other aids to facilitate the access and use of these records.
Prior law provided that the secretary shall have custody and control of the La. State Archives
and its contents to house and facilitate operations of the various archives and records
management programs, including the records center establishment, and through the La. State
Building Authority or its successors shall have authority to design, build, purchase, lease,
maintain, operate, protect, and improve buildings or facilities used for the storage of inactive
records of state and local agencies.
New law removes the reference to the La. State Building Authority or its successors but
otherwise retains prior law.
Prior law provided that the secretary, acting through the state archivist, shall prescribe
policies and principles to be followed by state and local governmental agencies in the
conduct of their records management programs and make provision for the economical and
efficient management of records by state and local governmental agencies.
New law provides that the secretary shall maintain a statewide records management program
that prescribes policies and principles to be followed by state and local agencies for the
economical and efficient management of state and local government records, to improve
preservation and access to records, to insure the maintenance and security of records, and to
facilitate the appropriate retention or disposal of records.
Prior law provided that the division shall formulate and execute a program to inventory,
schedule, and microfilm official parish, municipal, and other local records which are
determined by the state archivist to have permanent value, to provide safe storage for
microfilm copies of such records, and to give advice and assistance to local officials in their
programs for creating, preserving, filing, and making available public records in their
custody.
Prior law further provided that the division may assist any state, parish, municipal, or other
local agency to implement a records program by providing records analysts and consultants
in records management, conducting surveys in order to recommend more efficient records
management practices, and providing training for records management personnel.
New law provides that the secretary shall employ records analysts to assist agencies in their
compliance with records management, retention, and disposal requirements and to provide
training regarding compliance with the statewide records management program to state and
local agencies.
Prior law provided that the secretary, acting through the state archivist, shall establish
standards for the retention of records of continuing value, and monitor state and local
agencies in the application of such standards to all records in their custody.
New law provides that the secretary alone shall establish standards for the retention of
records of continuing value, and monitor state and local agencies in the application of such
standards to all records in their custody.
Prior law provided that the head of each agency shall establish and maintain a program for
the economical and efficient management of the records of the agency, including the
maintenance, access, use, security, and preservation of the records.
New law provides that the head of each agency shall annually designate a records officer to
act as a liaison between the division and the agency on all matters relating to records
management.
Prior law provided that the head of each agency shall submit to the state archivist, in
accordance with the policies, rules, and regulations prescribed by the secretary and the
implementational standards and procedures established by the state archivist, schedules
proposing the length of time each state record series warrants retention for administrative,
legal, or fiscal purposes after it has been created or received by the agency.
New law provides that the head of each agency shall submit retention schedules proposing
the length of time each record series be kept for administrative, legal, or fiscal purposes after
it has been created or received by the agency to the state archivist.
Prior law provided that the head of each agency shall also submit to the state archivist lists
of state records in the custody of that agency that are no longer required for the transaction
of current business and that lack sufficient administrative, legal, or fiscal value to warrant
further retention and request that the state archivist authorize appropriate disposal.
New law removes the requirement that the agency head request authorization for appropriate
disposal from the state archivist but otherwise retains prior law.
New law further provides that the state archivist may require the records to be kept for a
longer period than specified in the approved retention schedule or by law.
Prior law provided that the imaging and preservation services section of the records
management program of the division shall be the centralized document conversion center for
the state. All state agencies lacking existing internally established paper conversion systems
of their own, and those state agencies whose equipment or facilities are no longer adequate
to meet the agency's need, shall contract with the division for conversion services or shall
obtain division approval for a conversion contract with any other vendor or purchase of any
other conversion system. All records produced by state agency conversion systems shall
comply with standards established by the division in accordance with present law.
New law provides that the imaging and preservation services program shall provide
conversion services for the state. All agencies shall contract with the division for conversion
services or shall comply with the conversion standards and disposal request procedures
established by the division in accordance with present law.
Prior law provided that the state archivist shall make provisions for the preservation,
management, repair, and rehabilitation, duplication and reproduction, description, and
exhibition of records or related documentary material transferred to him as may be needful
or appropriate, including the preparation and duplication of inventories, indexes, catalogs,
and other finding aids or guides facilitating their use.
New law provides that the secretary shall maintain a conservation and exhibition program
and shall provide for the preservation, conservation, and exhibition of records at the
Louisiana State Archives.
Prior law provided that the state archivist shall make provisions for the display or exhibition
of photographic copies of microphotographic copies of records in his or the agency's custody,
in lieu of the original records, if he deems it necessary to protect old, fragile, or damaged
records from further damage or loss.
New law provides that the secretary shall provide for the exhibition of copies in lieu of the
original records, if he deems it necessary to protect old, fragile, or damaged records.
Prior law provided that the head of each agency of the state or its subdivisions shall establish
safeguards against the removal or loss of records as he shall consider necessary and as may
be required by rules and regulations.
New law retains prior law.
Prior law further provided that the secretary of state, acting through the state archivist, may
refer any matter to the legislative auditor, inspector general, or attorney general as necessary
for investigation relating to any instance of damaging, altering, tampering with, or falsifying
records, including but not limited to fraudulent creation, distribution, or filing of records.
New law provides that the secretary may refer any matter to the legislative auditor, inspector
general, or attorney general as necessary for investigation relating to any instance of actual,
impending, or threatened unlawful removal, damage, falsification, defacement, alteration,
or destruction of records, including but not limited to fraudulent creation, distribution, or
filing of records.
New law further provides that the head of each agency shall notify the secretary through the
state archivist of any actual, impending, or threatened unlawful removal, damage,
falsification, defacement, alteration, or destruction of records in the custody of the agency
that come to his attention and shall assist the secretary in initiating legal action through the
attorney general for their recovery.
New law further provides that the secretary shall notify the head of any agency of any actual,
impending, or threatened unlawful removal, damage, falsification, defacement, alteration,
or destruction of records in the custody of the agency that come to his attention.
New law further provides that in any case in which records or other materials of actual or
potential archival significance are determined by the state archivist to be in jeopardy of
destruction or deterioration, the secretary shall have the authority to require and schedule
transfer of the records to the physical and legal custody of the division and the state archivist.
Effective August 21, 2024.
(Amends R.S. 44:401(intro para), 402, 405, 406, 408(A), 410, 411, 415, 419, and 422;
repeals R.S. 44:407, 412, 413, 414, 416, and 423)


Statutes affected:
SB149 Original: 44:408(A)
SB149 Engrossed: 44:408(A)
SB149 Enrolled: 44:408(A)
SB149 Act 508: 44:408(A)