§ 44:417 — Deposit of records of historical value; transfer of deposited records to public or

Louisiana § 44:417

• Jurisdiction: Louisiana
• Title 44: Public Records and Recorders

Text

§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.

Legislative History

Acts 1956, No. 337, §17; Acts 1985, No. 238, §1, eff. July 6, 1985; Acts 2021, No. 87, §1, eff. June 4, 2021.