Maine State Laws on Optical Images
State Archivist and Records Manager:
James Henderson, State Archivist
Maine State Archives
Cultural Building
84 State House Station, Augusta ME 04333
207-287-5793 fax: 207-287-5739
Nina M. Osier, Records Mgmt. Director
207-287-5795
nmoiser@saturn.caps.maine.edu
APPROVED May 20, 1991
STATE OF MAINE
IN THE YEAR OF OUR LORD
NINETEEN HUNDRED AND NINETY-ONE
S.P. 181 - L.D. 490
An Act to' Clarify Certain Laws Affecting the Maine State
Archives, Admissibility of Documents and Local
Government Records
Be it enacted by the People of the State of Maine as follows:
Sec. 1.5 MRSA §95, sub-§ll, as enacted by PL 1973, c. 625, §16, is amended to read:
11. Archives available for public use. To make archival material under the archivist's supervision available for public use at reasonable times. The archivist shall carefully protect and preserve the materials from deterioration, mutilation, loss or destruction, Records maintained by the archivist. that contain information relating to the identity of an archives patron relative to the patron's use of materials at the archives. are confidential. Those records and the information contained in them may only be released with the
express written consent of the patron involved or as a result of a court order;
Se˘.2. 16MRSA §456 is amended to read:
Sec. 456. Photostatic and microfilm reproductions admissible
If, in the regular course of any business or governmental activity, there is kept· or recorded any memorandum, writing, entry, print, representation or combination thereof, of any act, transaction, occurrence or event, and in the regular course of any business or governmental activity, causes any or all of the same to be recorded, copied or reproduced by any photographic, photostatic, microfilm, micro-card, miniature photographic, optical disk that is not erasable or other process
1-1053(2)
that accurately reproduces or forms a durable medium for se reproducing the original, the reproduction or copy, when satisfactorily identified, is as admissible in evidence as the original itself in any judicial or administrative proceeding whether the original is in existence or not and an enlargement or facsimile of the reproduction or copy is likewise admissible in evidence if the original reproduction or copy is in existence and available for inspection under direction of court. The introduction of a reproduced record, enlargement or facsimile does not preclude admission of the original. This section may
not be construed to exclude from evidence any document or copy thereof which is otherwise admissible under the rules of evidence.
See. 3. 30-A MRSA sEC. §1707, as enacted by PL 1989, c. 304, §5, is amended to read:
Sec. 1707. Violation
Any person who violates any provisions of this chapter or rules of the Local Government Records Board promulgated under section 1705 is guilty of a Class E crime.
2-1053(2)
TITLE. 5
ADMINISTRATIVE PROCEDURES AND SERVICES
PART 1
STATE DEPARTMENTS
CHAPTER 6
STATE ARCHI
(}91. Short title
This chapter shall be known and may be cited as the "Archives and Records
Management Law." b! 1973, c. 625, § 16 (new). ?b
Section history:
1973, c. 625 , § 16 (NEW).
§92. Declaration of policy
The Legislature declares that it is the policy of the State to make the operations of State Government and local government more efficient, more effective and more economical through current records management; and, to the end that the people may derive maximum benefit from a knowledge of state affairs, preserve its noncurrent records of permanent value for study and research. b.' 1973, c. 625, § 16 (new). ?b 1995, c. 148, §2
Section history:
1973, c. 625 , § 16 (NEW).
§92-A. Definitions
The following definitions are established for terms used in this chapter. b: 1973, c. 625, 016 (new). ?b
1. Agency records. "Agency records" means semicurrent records of government agencies to which they retain legal title, but that have been transferred to the custody of the Maine State Archives to effect economies and efficiency in their storage and use pending their ultimate disposition as authorized by law.
b! 1973, c. 625, @16 (new). ?b
2. Archives. "Archives" means noncurrent government records that have been determined by the State Archivist to have sufficient value to warrant their continued preservation and that are in the physica1 and legal custody of the Maine State Archives.
b: 1973, c. 625, @16 (new). ?b
2-A. Local government. "Local government" means a municipality, school district or other special-purpose district or multi-purpose district or multi-purpose district. b; 1995, c. 148, §3 ?b
State Archivist statutes page 1
3. Record center. "Record center" means facilities maintained by the State Archivist
for the storage, security, servicing and other processing of agency records that must be preserved for varying periods of time and need not be retained in office equipment and space.
b: 1973, c. 625, @16 (new). ?b
4. State agency or agency. "State agency" or "agency" means any unit of State
Government or local government, including any state board or commission, except the Legislature and its committees and subcommittees, the Judicial Department, the University of Maine System, the Maine Technical College System and the Maine Maritime Academy.
b! 1991, c. 837, Pt. A, @8 (new). ?b 1995, c. 148, §4
5. State record. "Record" means any written, printed or graphic matter or any
mechanical or electronic data compilation from which information can be obtained, directly or after translation into a form susceptible of visual or aural comprehension, that is in the possession or custody of an agency or public official of the State and has been received or prepared for use in connection with the transaction of public or governmental business or contains information related to the transaction of public or governmental business.
b! 1991, c. 837, Pt. A, @8 (new). ?b 1995, c. 148, §4
Section history:
1973, c. 625 , § 16 (NEW). 1991, c. 837 , § A8 (AMD).
§93. State Archivist
The Secretary of State shall appoint a State Archivist subject to review by the joint
standing committee of the Legislature having jurisdiction over state and local government and to confirmation by the Legislature. The State Archivist shall be chosen without reference to party afffiiafion and solely on the ground of professional competence to perform the duties of that office. The State Archivist shall hold office for a term of 6 years from the date of the appointment and until a successor has been appointed and qualified. The compensation of the State Archivist shall be fixed by the Governor. b: 1977, c. 674,
§ 2 (rpr). ?b 1995, c. 148, 95
This section shall not affect the term of the person holding office as State Archivist
on October 1, 1977. b! 1977, c. 674, § 2 (rpr). ?b
Section history:
1973, c. 625 , § 16 (NEW). 1975, c. 771 , § 33 (AMD). 1977, c. 674 , § 2 (RPR).
§94. Maine Stale Archives
The office of the State Archivist is a bureau within the Department of the Secretary of State and consists of at least 2 organizational units as the State Archivist and the Secretary of State determine best suited to the accomplishment of the functions and purposes of this chapter. One organizational unit consists of the State Archivist and
State Archivist statutes page 2
' immediate support staff. The office is known as the Maine State Archives. The State Archivist is the official custodian of the archival resources of the State. b! 1989, c. 716
(amd). ?b
Section history:
1973, c. 625 , § 16 (NEW}. 1989, c. 716 , § (AMD).
§95. Powers and duties of State Archivist
The State A.rchivist has, upon consent of the Secretary of State, the duties and powers established under the following provisions gove nmg the creation, use, maintenance,
retention, preservation and disposal of state records: b: 1991, c. 837, Pt. A, @9 (amd). ?b
1. Administration. To administer the office of the State Archivist. In exercising the administration of the office, the State Archivist shall formulate policies, establish organizational and operational procedures and exercise general supervision. The State Archivist shall employ, with the approval of the Secretary of State subject to the Civil Service Law, such assistants as are necessary to carry out this chapter. The State Archivist shall adopt a seal for use in the official business of the office. The State Archivist has custody and control of the facilities provided for the administration of this chapter;
b! 1991, c. 837, Pt. A, @9 (amd). ?b
2. Examinstion of public records. To have the right of reasonable access to and examination of all state and local government records in Maine;
b! 1991, c. 837, Pt. A, @9 (amd). ?b 1995, c. 148, §6
3. Rules. To adopt such rules as are necessary to effectuate the purposes of this chapter. No restrictions or limitations may be imposed on the use of records that are defined by law as state and local government records or as records open to public inspection, unless necessary to protect and preserve them from deterioration, mutilation, loss or destruction. Restrictions or limitations imposed by law on the examination and use of state records transferred to the archives under subsection 7, paragraph C and subsection 8 remain in effect until the records have been in existence for 50 years, unless removed or relaxed by the State Archivist with the concurrence in writing of the head of the agency from which the records were transferred or the successor in function, if any. The State Archivist shall adopt rules governing the transfer of state records from the custody of one agency to that of another subject to any applicable provision of law;
b! 1991, c. 837, Pt. A, @9 (amd). ?b 1995, c. 148, §6
4. Acceptance of gifts and bequests. To accept gifts, bequests and endowments for purposes consistent with the objectives of this chapter. Such funds, if given as an endowment must be invested in securities by the Treasurer of State according to the laws governing the investment of trust funds. All gifts, bequests and proceeds of invested endowment funds must be used solely to carry out the purposes for which they were made;
b! 1991, c. 837, Pt. A, @9 (amd). ?b
5. Publication. To publish archival material, reports, bulletins and other publications that promote the objectives of this chapter. The State Archivist shall establish the price at which publications, photocopies and photoduplication services may be sold and delivered. The income received under this subsection and subsection 12 must be credited to a special revenue account, which is carried forward and expended by the agency for these purposes;
b! 1991, c. 837, Pt. A, @9 (amd). ?b
State Archivist statutes page 3
6. Biennial report. To report biennially to the Governor and Legislature facts and recommendations related to the work and needs of the office of State Archiv!st;
b! 1991, c. 837, Pt. A, @9 (amd). ?b
7. Records mmanagement program. To establish and administer in the executive
branch of State Government an active, continuing program for the economical and efficient management of state and local government records, and for the proper disposition of local government records. Upon request, the State Archiv!st shall assist and advise in the establishment of records management programs in the legislative and judicial branches of State Government and shall, as required by them, provide program services similar to those available to the executive branch. The State Archiv!st shall, with due regard for the functions of the agencies concerned:
A. Provide standards, procedures and techniques for effective management of state
and local govemment records in the conduct of current business; b: 1991, c. 837,
Pt.. A, @9 (amd). ?b 1995, c. 148, §7
B. Recommend improvements in current records management practices, including
the use of space, equipment and supplies employed in creating, maintaining, storing
and servicing state and local government records; b! 1991, c. 837, Pt. A, @9 (amd).
?b 1995, c. 148, §7
C. Establish schedules, in consultation with the heads of state agencies and local government agencies, under which each agency shall retain records of continuing value, and dispose, as provided by this chapter, of records no longer possessing sufficient administrative, legal or fiscal value to warrant their further keeping for
current business; and b! 1991, c. 837, Pt. A, @9 (amd). ?b 1995, c. 148, §7
D. Obtain such reports from state or local government agencies as are required for
the administration oftheprogram; b! 1991, c. 837, Pt. A, @9 (amd). ?b 1995, c.
148, §7
The head of each state agency or local government agency shall establish and maintain an active, continuing program for the economical and efficient management of any records in compliance with the standards, procedures and regulations issued by the State Archiv!st.
b! 1991, c. 837, Pt. A, @9 (amd). ?b 1995, c. 148, 7
8. Transfer of state records. To provide for the transfer to the archives of state
records, disposed of under subsection 7, paragraph C, that have archival value;
b! 1991, c. 837, Pt. A, @9 (amd). ?b
9. Destruction of state records. To authorize and receive conf'irmation of the
destruction of the state records of any state or local agency that, in the opinion of the head of the agency, are no longer of value to the state or local government agency, and that, in the opinion of the State Archiv!st and the Archives Advisory Board, have no archival value to the State;
b! 1991, c. 837, Pt. A, @9 (amd). ?b 1995, c. 148, 8
10. Transfer of state and official records. To receive all state records transferred to
the Maine State Archives under subsection 8 and to negotiate for the transfer of official records from the custody of any public official not governed by subsecti0n 7. The State Archiv!st shall charge a fee sufficient to cover the cost of receiving and processing all transfers from the custody of any public official not governed by subs@etlon 7. The fees collected must be deposited in the General Fund. Any public officer in Maine is
State Archivist statutes page 4
· authorized to turn over to the State Archivist those official records legally in that public official's custody that are not needed for the transaction of the current business of that office, whenever the State Archivist is willing and able to receive them. Whenever such a transfer is made, the State Archivist shall transmit to the office from which the records are transferred a memorandum in which such records are described in terms sufficient to identify them, which must be preserved in the transferring office. Unless otherwise directed by law, the state records Of any public office, commission or committee in the State must, upon the termination of its existence or functions, be transferred to the custody of the State Archivist;
b! 1991, c. 837, Pt. A, @9 (amd). ?b
10-A. Records of Secretary of State. To preserve the records of the Secretary of State to the extent the Secretary of State determines desirable under the Constitution and the regulations of the State Archivist;
b! 1991, c. 837, Pt. A, @9 (amd). ?b
10B. Permanent state records of agency administration. To establish such standards concerning the establishment, maintenance and operation of state or local government administered computerized and auxiliary automated information handling as'are necessary to ensure the preservation of adequate and permanent records of the organization, functions, policies, procedures, decisions and essential transactions of the agencies of State Government or local government;
b! 1991, c. 837, Pt. A, @9 (amd). ?b 1995, c. 148, 8
10-C. Legislative records. To receive Legislative records, the Secretary of the Senate and the Clerk of the House of Representatives shall obtain the noncurrent records of the Legislature and of each legislative committee at the close of each Legislature and transfer them to the Maine State Archives for preservation, subject to the orders of the Senate or the House of Representatives, respectively, and subject to schedules established in consultation with the Executive Director of the Legislative Council;
b! 1991, c. 837, Pt. A, @9 (amd). ?b
11. Archives available for public use. To make archival material under the archivist's supervision available for public use at reasonable times. The archivist shall carefully protect and preserve the materials from deterioration, mutilation, loss or destruction. State records maintained by the archivist that contain information related to the identity of an archives patron relative to the patron's use of materials at the archives are confidential. Those state records and the information contained in them may only be released with the express written consent of the patron involved or as a result of a court order;
b: 1991, c. 837, Pt. A, @9 (amd). ?b
12. Copies. To furnish copies of archival material upon the request of any person, on payment in advance of such fees as may be required. Copies of state records transferred pursuant to law from the office of their origin to the custody of the State Archivist, when certified by the State Archivist, under the seal of that office, have the same legal force and effect as if certified by theix original custodian. A facsimile of the signature of the State Archivist imprinted by or at the direction of the State Archivist upon any certificate issued by the State Archivist has the same validity as the written signature of the State Archivist; and
b! 1991, c. 837, Pt. A, @9 (amd). ?b
13. Photoreproduction and restoration. To provide centralized photoreproduction and
records preservation services for government agencies to the extent the State Archivist determines advisable in the administration of the state program and facilities. Such services must be furnished to such agencies at cost.
Fees collected under this subsection must be deposited in the General Fund.
b! 1991, c. 837, Pt. A, @9 (amd). ?b
Section history:
1973, c. 625 , § 16 (NEW). 1981, c. 456 , § A17,A18 (AMD). 1985, c. 785 , § BlO
(AMD). 1989, c. 235 , § 1,2 (AMD). 1989, c. 501 , § L4 (AMD). 1991, c. 172 , § 1 (AMO).
1991, c. 837 , § A9 (AMD).
§95-A. Protection and recovery of public records
1. Notice and demand of return. Whenever the State Archivist has reasonable
grounds to believe that documents or records belonging to the State or any agency of the State or to a local government or to which the State or its agencies have a lawful right of possession are in the possession of the person or entity not authorized by the State Archivist, other lawful custodian or by law to possess those documents or records, the State Archivist may issue a written notice and demand to that person or entity for the immediate return of the documents or records. The notice and demand must be sent by certified or registered mail, return receipt requested. The notice and demand must identify the documents or records claimed to belong to the State or local government with reasonable specificity. Upon receipt of the notice and demand, the person or entity in the possession of documents or records claimed to belong to the State or local government may not destroy, alter, transfer, convey or otherwise alienate those documents or records unless authorized in writing by the State Archivist or by an order issued by a court of competent jurisdiction. The notice and demand must specifically state that any transfer, conveyance or other alienation of the documents or records after receipt of the notice and demand constitutes a Class E crime in violation of section 97. b! 1989, c. as3 (new). ?b
1995, c. 148, §9
2. Petition; hearing. Following the issuance of a notice and demand in accordance
with subsection 1, the State Archivist, with the assistance of the Attorney General, may petition the Superior Court of Kennebec County or the Superior Court in the county in which documents or records are located, for the return of state documents or records that are in the possession of a person or entity not authorized by the State Archivist, other lawful custodian or by law to possess those documents or records. After hearing, the court shall order the documents or records to be delivered to the State Archivist, or other custodian designated by the State Archivist, upon a finding that the materials in question are state documents or records and that the documents or records are in the possession of a person or entity not authorized by the State Archivist, other lawful custodian or provision of law to possess the documents or records. The court may issue all orders necessary to protect the documents or records from destruction, alteration, transfer, conveyance or alienation by the person or entity in possession of the materials and may also order the person or entity in possession of the materials to surrender the documents or records into the custody of the State Archivist pending the court's decision on the petition. b i 1rs9, c.
283 (new). ?b 1995, c. 148, §9
3. Presumtion. In any proceeding pursuant to subsection 2, there is rebuttable presumption that documents or records that were once in the custody of the State or a local government were not lawfully alienated from that custody. b! 1989, c. 283 (new). ?b
1995, c. 148. §9
4. Definition For the purpose of this section, "records" means all documentary material, regardless of media or characteristics, made or received and maintained by an agency in accordance with law or rule or in the transaction of its official business. This term shall not include extra copies of printed or processed material of which official or record copies have been retained, stocks of publications and processed documents intended for distribution or use or records relating to personal matters that may have been kept in an office for convenience. b: 1989, c. 283 (new). ?b
Section history:
1989, c. 283 , § (NEW).
{}95-B. Local governroe records
The following provisions apply to local government records.
1. Omissions or errors corrected. When omissions or errors exist in local government records, those records must be corrected under oath by the person who was responsible for those local government records, whether or not that person remains in
office. b.' 1995, c. 148, §10 ?b
A. If an original town meeting warrant is lost or destroyed, the return may be made or amended on a copy of it. b'. 1095, c. 148, §10 ?b
2. Safe or vault for preservation. Each local government shall provide a fareproof safe or vault for the preservation of all records that are not current records. The official having responsibility for those records shall deposit them in the safe or vault where those records must be kept except when required for use. b: 1095, c. 148, §10 ?b
3. Attestation. The records of a local government official may be attested by volume. Each document is sufficiently attested when the volume in which it is recorded bears the attestation with the written signature of the official. b: 1995, c. 148, §10 ?b
4. Delivery to successor in office. Local government officials shall deliver the records of their office to their successors in office upon the expiration of the officials'
terms. b! 1995, c. 148, §10 ?b
5. Records available for public use. Each local government official shall make records available for public use under that off'lcial's supervision at reasonable times unless the use of the records is otherwise restricted by law. b! 1995, c. 148, §10 ?b
6. Protection of records. Local government officials shall carefully protect and preserve the records of their office from deterioation, mutilation, loss or destruction. b:
1995, c. 148, §10 ?b
7. Disposition of records. Records may not be destroyed or otherwise disposed of by any local government official, except as provided by the Archives Advisory Board. Records that have been determined by the board to possess sufficient archival value must
be preserved by the municipality or deposited with the State Archivist. b! 1995, c. 148, §10 ?b
8. Regulations of Archives Advisory Board. Each local government official shall
comply with the standards, procedures and regulations issued by the Archives Advisory
Board. bl 1995, c. 148, §10 ?b
§96. Archives Advisory Board
The Archives Advisory Board, established by section 12004-1, subsection 8, shall
serve to advise the State Archivist in administration of this chapter and to perform such other duties as may be prescribed by law. The board shall consist of 9 persons especially interested in the history of the State appointed by the Governor as advisors for overlapping terms of 6 years. The 3 new advisors shall be first appointed one for one year, one for 3 years and one for 5 years. Their successors shall be appointed for terms of 6 years. Each advisor shall serve for the term of appointment and thereafter until a successor is appointed and qualified. In case of the termination of an advisor's service during that advisor's term, the Governor shall appoint a successor for the unexpired term. Advisors
shall be compensated as provided in chapter 379. b! ]989, c. 503, Pt. B, @9 (amd). ?b
Section history:
1973, c. 625 , § 16 (NEW). 1983, c. 812 , § 13 (AMD). 1989, c. 503 , § 89 (AMD).
§97. Violation
Violation of any provision of this chapter or any rules and regulations issued under
section 95, subsection 3, except those violations for which specific penalties are provided,
is a Class E crime. b! 1977, c. 696, § 3 (rpr). ?b
Section history:
1973, c. 625 , § 16 (NEW). 1977, c. 696 , § 33 (RPR).
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