41-1347. Preservation of public
records
A. All records made or received by public officials or employees of this state in
the course of their public duties are the property of this state. Except as provided in
this article, the director and every other custodian of public records shall carefully
protect and preserve the records from deterioration, mutilation, loss or destruction and,
when advisable, shall cause them to be properly repaired and renovated. All paper, ink
and other materials used in public offices for the purpose of permanent records shall be
of durable quality and shall comply with the standards established pursuant to section
39-101. Additionally, the custodian of records that keeps photography, film, microfiche,
digital imaging or other types of reproduction or electronic media pursuant to section
41-1348, subsection A shall protect records from loss or destruction pursuant to
standards that are established by the director.
B. Records shall not be destroyed or otherwise disposed of by any agency of this
state unless it is determined by the state library that the record has no further
administrative, legal, fiscal, research or historical value. The original of any record
produced or reproduced pursuant to section 41-1348 may be determined by the state library
to have no further administrative, legal, fiscal, research or historical value. A person
who destroys or otherwise disposes of records without the specific authority of the state
library is in violation of section 38-421.
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