Title 40 — Public Records and Recorders
9 chapters · 82 sections in this title.
AS 40.21.010 Purpose.
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The purpose of this chapter is to provide for the orderly management of current state and local public records and to preserve noncurrent public records of permanent value for study and research.
AS 40.21.020 Archival and records management program creation and administration.
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There is established in the Department of Education and Early Development the Alaska State Archives. The department shall establish and administer a state archives and records management program. To implement the program and head the Alaska State Archives, the department shall cr…
AS 40.21.030 Duties of the state archivist.
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(a) In order to carry out the archival program, the state archivist shall (1) negotiate for, acquire, and receive public records of permanent value including public records of the state and political subdivisions of the state and of defunct public agencies; (2) establish and oper…
AS 40.21.040 Gifts, bequests, or endowments of money.
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Gifts, bequests, or endowments of money shall be deposited in a separate account in the general fund and may be invested in a manner not inconsistent with the investment of other state funds. Proceeds of invested funds shall be used to carry out the purposes for which the money w…
AS 40.21.050 Regulations.
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The department shall adopt regulations necessary to carry out the purposes of this chapter.
AS 40.21.060 Duties of chief executive officers of state agencies.
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The chief executive officer of each state agency shall (1) make and preserve public records containing adequate and proper documentation of the organization, functions, policies, decisions, procedures, and essential transactions of the agency, and designed to furnish the informat…
AS 40.21.070 Records management for local records.
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The governing body of each political subdivision of the state shall promote the principles of efficient records management for local public records kept in accordance with state law. The governing body shall, as far as practical, follow the program established for the management …
AS 40.21.080 Disposal of public records by political subdivision.
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An official of a political subdivision of the state having legal custody of public records that are considered by the official to be without legal or administrative value or historical interest may compile lists of these records sufficiently detailed to identify them and submit t…
AS 40.21.090 Transfer of public records of political subdivision to department.
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The governing body of a political subdivision of the state may authorize the transfer to the department of records that have legal, administrative, or historical value but that are not required for the transaction of current business. The official of the political subdivision hav…
AS 40.21.100 Assistance to legislative and judicial branches.
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Upon request, the department shall assist in the establishment of records management programs in the legislative and judicial branches of the state government and shall provide program services similar to those available to the executive branch of state government.
AS 40.21.110 Care of records.
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Except for public records lawfully in the possession of a person other than the state, public records of existing or defunct agencies of the state, territorial, and Russian governments in Alaska are the property of the state and shall be created, maintained, preserved, stored, tr…
AS 40.21.120 Standards of clarity, accuracy, and permanency of copies.
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When a public officer performing duties under this chapter is required or authorized by law to record, copy, recopy, or replace any public record, the officer may do so by photostatic, photographic, microphotographic, microfilm, or other mechanical or optical disk imaging system …
AS 40.21.130 Alteration and replacement of public records.
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An original public record that is worn or damaged may be replaced by a reproduction made in accordance with this chapter. Certification by the agency having custody of the record that the replacement is a true and correct copy of the original shall appear at the end of the reprod…
AS 40.21.140 Use of copies and replacements as evidence.
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Article 2. General Provisions. Reproductions or replacements of records made under this chapter are considered original records for all purposes and are admissible in evidence as original records.
AS 40.21.150 Definitions.
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In this chapter, unless the context otherwise requires, (1) “agency” or “state agency” means a department, office, agency, state board, commission, public corporation, or other organizational unit of or created under the executive branch of the state government; the term does not…