9-2-401.  Definitions.

(a)  As used in W.S. 9-2-401 through 9-2-415:

(i)  Repealed by Laws 1991, ch. 55, § 2.

(ii)  "Department" means the department of state parks and cultural resources;

(iii)  "Director" means the director of the department;

(iv)  "Political subdivision" means a county, municipality, special district or other local government entity;

(v)  "Public record" includes the original and all copies of any paper, correspondence, form, book, photograph, photostat, film, microfilm, sound recording, map, drawing or other document, regardless of physical form or characteristics, which have been made or received in transacting public business by the state, a political subdivision or an agency of the state.

9-2-402.  Repealed by Laws 1991, ch. 55, § 2.

9-2-403.  Repealed by Laws 1991, ch. 55, § 2.

9-2-404.  Creation of department; director; references to department.

(a)  The state archives, museums and historical sections within the department are created and shall be in the charge of the director. The director is subject to the Wyoming Government Reorganization Act of 1989.

(b)  The director shall:

(i)  Be a college graduate who has had work in social science and history or has educational and administrative experience satisfactory to the board;

(ii)  Perform the duties of the state historian, state archivist and museum curator;

(iii)  Have an official seal as director which shall be used to authenticate all official documents, instruments and official acts of the department.

(c)  The director may:

(i)  Appoint necessary deputies, assistants and employees;

(ii)  Acquire by gift, devise, bequest, donation, purchase, lease or otherwise, money, books, manuscripts and other personal property of historical value. He shall hold and own the property in the name of the state and provide for its restoration, care and preservation;

(iii)  Sell books, pamphlets, papers, pictures or other material produced by the department;

(iv)  Operate sales desks, or contract under terms determined by the board with nonprofit and charitable corporations, to sell materials relevant to the interpretation of museums and historic sites;

(v)  Do anything necessary to implement W.S. 9‑2‑404 through 9-2-415.

(d)  The proceeds received from sales authorized in subsection (c) of this section shall be deposited in the general fund of the state.

(e)  Any statute or legal or other document which refers to the state archives and historical department means the department of state parks and cultural resources which is the successor agency to state archives, museums and historical department.

9-2-405.  Classifications of public records.

(a)  Public records shall be classified as follows:

(i)  Official public records include:

(A)  All original vouchers, receipts and other documents necessary to isolate and prove the validity of every transaction relating to the receipt, use and disposition of all public property and public income from all sources whatsoever;

(B)  All agreements and contracts to which the state or any agency or political subdivision thereof is a party;

(C)  All fidelity, surety and performance bonds in which the state is a beneficiary;

(D)  All claims filed against the state or any agency or political subdivision thereof;

(E)  All records or documents required by law to be filed with or kept by any agency of the state; and

(F)  All other documents or records determined by the records committee to be official public records.

(ii)  Office files and memoranda include:

(A)  All records, correspondence, exhibits, books, booklets, drawings, maps, blank forms or documents not defined and classified as official public records;

(B)  All duplicate copies of official public records filed with any agency of the state or political subdivision thereof;

(C)  All documents and reports made for the internal administration of the office to which they pertain but not required by law to be filed or kept with the agency; and

(D)  All other documents or records determined by the records committee to be office files and memoranda.

9-2-406.  Director; management of public records.

(a)  The director shall properly manage and safely keep all public records in his custody, and administer the state archives. He shall:

(i)  Manage the archives of the state;

(ii)  Centralize the archives of the state to make them available for reference and scholarship and to insure their proper preservation;

(iii)  Inspect, inventory, catalog and arrange retention and transfer schedules on all record files of all state departments and other agencies of state government;

(iv)  Maintain and secure all state public records and establish safeguards against unauthorized removal or destruction;

(v)  Establish and operate state record centers for preserving, servicing, screening and protecting all state public records which must be preserved temporarily or permanently, but which need not be retained in office space and equipment;

(vi)  Gather and disseminate to interested agencies information on all phases of records management and current practices, methods, procedures and devices for efficient and economical management of records;

(vii)  Establish and operate a central microfilm division in which all memoranda, writing, entry, print, representation or combination thereof, of any act, transaction, occurrence or event, may be microfilmed. The division shall microfilm public records approved for filming by the head of the office of origin and by the director, and shall establish standards for microfilming. All state departments, agencies and subdivisions of the state government and all counties, municipalities and political subdivisions thereof shall consult with the director prior to microfilming within the departments, agencies or political subdivisions and shall comply with the standards for all microfilming established by the central microfilm division. The central microfilm division may microfilm records which are required to be kept a specified length of time or permanently, or to be destroyed by specific methods or under specific supervision. When records are microfilmed, the microfilm may be substituted for the original documents and retained in lieu of the original documents and the original documents may be destroyed;

(viii)  Maintain necessary facilities for the review of records approved for destruction and their economical disposition by sale, shredding or burning, and supervise the destruction of public records.

9-2-407.  Director; duties regarding public records in his custody.

(a)  The director shall collect, arrange and make available to the public at reasonable times in his office in original form, copies or microfilm copies or negatives, all records in his custody not restricted by law, including official records of the state and its political subdivisions, of the United States or of foreign nations. He is the legal custodian of all public records in the custody of the board.

(b)  The director may designate an employee of the department to serve as state archivist who may perform all the duties of the director under this act with respect to state records and archives.  The director shall furnish certified copies or photocopies of records in his custody on payment in advance of fees prescribed by the department. Copies of public records transferred pursuant to law from the office of their origin to the custody of the director when certified under seal by the director to be true, complete and correct have the same legal force and effect as evidence as if certified by their original custodian, and shall be admissible in all courts and before all tribunals the same as the originals thereof.

(c)  The director has the right of reasonable access to and may examine all public records in Wyoming. He shall examine into and report to the board on their condition. He shall require their custodians to put them in the custody and condition prescribed by law and to secure their custody, the recovery of records belonging to their offices, the delivery of records to their successors in office and the adoption of sound practices relative to the use of durable paper and ink, fireproof filing facilities and photographic processes for recording and copying.

9-2-408.  Transfer of public records to archives or other depository agency; transfer of records of uncollectible accounts receivable to department; duties of department thereto.

(a)  All public records, not required in the current operation of the office where they are made or kept, and all records of every public office of the state, agency, commission, committee or any other activity of the state or political subdivisions which are abolished or discontinued, shall be transferred to the state archives or to a recognized supplementary depository agency, selected by the board. Any public officer in Wyoming may deliver to the director for preservation and administration records in his custody if the director is willing and able to receive and care for them.

(b)  Repealed by Laws 1985, ch. 221, § 2.

(c)  Repealed by Laws 1985, ch. 221, § 2.

9‑2‑409.  Designation of records officer by state departments or agencies; duties.

Each department or agency of the state government shall designate a records officer who shall supervise the departmental records program and who shall represent the office in all departmental matters before the records committee. The records officer and the director shall prepare transfer schedules for the transfer of public records to the records centers or to the archives.

9-2-410.  Records as property of state; delivery by outgoing officials and employees to successors; management and disposition thereof.

All public records are the property of the state. They shall be delivered by outgoing officials and employees to their successors and shall be preserved, stored, transferred, destroyed or disposed of, and otherwise managed, only in accordance with W.S. 9‑2‑405 through 9‑2‑413.

9-2-411.  Records committee created; composition; expenses; meetings; action by majority vote; duties as to retention and disposition of public records.

The records committee is created to be composed of the director or his deputy, who shall act as chairman and secretary of the committee, the attorney general or his appointee and the director of the state department of audit or his appointee. Committee members shall serve without additional salary, but shall be entitled to traveling expenses incurred incident to committee business. Expenses shall be paid from the appropriations made for operation of their respective departments or offices. The records committee shall meet upon call by the chairman at least once every quarter. Action by the committee shall be by majority vote and records shall be kept of all committee business. When the disposition of records is considered by the records committee, it shall ascertain the recommendations of the head of the department or the departmental records officer. The records committee shall approve, modify or disapprove the recommendations on retention schedules of all public records and act upon requests to destroy any public records. Any modification of a request or recommendation shall be approved by the head of the agency originating the request or recommendation. Upon written request of the department or agency head, the director shall furnish the film or a copy of the film to be retained by the department if deemed necessary or expedient by the records committee. The department shall provide forms, approved by the records committee, upon which it shall prepare recommendations to the committee in cooperation with the records officer of the department or other agency whose records are involved.

9-2-412.  Destruction or disposition of public records; procedure.

Public records of the state and political subdivisions shall be disposed of in accordance with W.S. 9‑2‑411. The records committee may approve a departmental written request upon proper and satisfactory showing that the retention of certain records for a minimum period of ten (10) years is unnecessary and uneconomical. Recommendations for the destruction or disposition of office files and memoranda shall be submitted to the records committee upon approved forms, prepared by the records officer of the agency concerned and the director. The committee shall determine the period of time that any office file or memorandum shall be preserved and may authorize the division of archives, records management and centralized microfilm to arrange for its destruction or disposition.

9-2-413.  Reproduction of public records of political subdivisions.

(a)  Subject to this section and with the approval of the governing body of the political subdivision, any department, agency, board or individual of any political subdivision may record or copy by any microfilming, microphotographic, photographic, photostatic or other permanent reproductive device any public record which the department, agency, board or individual of the political subdivision records, keeps, retains, or is by law, rule or regulation required to record, keep or retain for a period of years or permanently. The microfilm, microphotograph, photograph, photostat or other permanent reproduction is deemed the original or official copy of the public record so reproduced for all purposes. If any department, agency, board or individual of any political subdivision is required to record any writing or document in books or on other forms, recording done directly onto microfilm, microphotograph or other permanent storage medium in lieu of the other required form of recordation constitutes compliance with the requirement. A master negative of microfilm or microphotographs shall be made whenever any process is used to reproduce public records with the intent of disposing of the original or copies of the original. The master negative shall be sent to the director. One (1) copy of all master negatives shall be retained by the governmental entity or officer having custody of the writings or papers thus recorded or copied as the official copy.

(b)  If any document is presented for recording or notation in public records the document shall, after recording, be returned to the party from whom it was received. If the party cannot be located or refuses to accept it, the document shall be disposed of in accordance with W.S. 9-2-411.

(c)  Prior to adopting any microfilming, microphotographic, photographic, photostatic or other reproductive process, the governing body of a political subdivision shall consult with the director. If any of the public records which are reproduced pursuant to this section are permanent records or, under the laws, rules or regulations in effect at the time of reproduction, are required to be transferred at a later date to any agency or department of the state, the particular microfilming, microphotographic, photographic, photostatic or other reproductive process shall be approved by the director as one which clearly and accurately makes copies that will last the time they are to be kept, or can be subsequently reproduced without distortions that substantially affect their legibility.

(d)  If the original documents are disposed of as allowed by law, the set of official microfilm retained by the local governmental entity or official shall be stored in a safe place and protected from destruction. The official microfilm shall be available to the public for inspection in the same manner as the original documents would have been, and sufficient microfilm and microphotographic readers or other suitable devices shall be available to the public to permit inspection.

(e)  The clerk of district court shall not microfilm, microphotograph, photograph, photostat or otherwise reproduce, for official record purposes, the files of any action or proceeding kept in his office until two (2) years have lapsed since the initial filing in the action or proceeding. The clerk of district court may make certified or other copies of documents in his office for individuals or officials.

(f)  In recording, reproducing or copying any public records as authorized by this section and in disposing of the originals or copies, no restrictions or provisions of law regarding recording, reproducing or copying, or the disposition of originals or copies inconsistent with this section apply to the governmental entity or its officers, agents and employees.

9-2-414.  Department of commerce; powers and duties relative to museums, historical sites and parks.

(a)  The director may:

(i)  Assemble and collect archaeological and ethnological collections, relics of the history of the state and material illustrative of the natural history of the state, and works of art;

(ii)  Preserve, repair and display in an orderly and educational manner the materials in the possession of the department;

(iii)  Store and maintain these materials in the Wyoming state museum, the Wyoming state art gallery and other facilities.

(b)  The department shall:

(i)  Supervise, maintain, restore, interpret and control museums or historical sites;

(ii)  Prepare and arrange all items, objects, furnishings and information in the museums and historical sites;

(iii)  Furnish and supervise employees in the museums and historical sites;

(iv)  Approve and perform or supervise restorations, improvements, changes and alterations of museums,  historic sites and parks under the control of the department;

(v)  Interpret historic sites, museums and parks by arranging and preparing all items, objects, furnishings and information relating to historic sites, museums and parks;

(vi)  Assume and exercise responsibilities as the state historic preservation officer (SHPO), including supervising and assisting the Wyoming consulting committee on nominations to the national register of historic places and to implement the National Historic Preservation Act of 1966 (Public Law 89‑665; 80 Stat. 915; 16 U.S.C. § 470 et seq.), as amended;

(vii)  Research and prepare legends for all historic monuments and markers;

(viii)  Consult with the parks and cultural resources commission on archives, museums and historical related activities.

(c)  As used in this section, "museums" and "historical sites" includes Trails End, Fort Fetterman, Historic Governor's Mansion, Fort Phil Kearney (including the Wagon Box Fight Site and Fetterman Massacre Site), Wyoming State Museum and Fort Bridger.

9-2-415.  Director; duties relative to promotion of history of state and region.

(a)  The director shall:

(i)  Collect books, maps, charts, documents, manuscripts, other papers and any obtainable documentary material illustrative of the history and development of the state and region;

(ii)  Collect, compile and publish data of the events which mark the progress of Wyoming from its earliest day to the present time, through the medium of a state historical periodical, to be published as and when the board directs;

(iii)  Procure facts and statements relative to the history and ethnology of the Indian tribes and other inhabitants within the state;

(iv)  File and carefully preserve all the historical data collected or obtained and arrange and classify it so it is readily accessible for disseminating historical or biographical information requested by the public;

(v)  Accept and receive gifts;

(vi)  Promote the founding and development of a state historical society and of county historical societies; and

(vii)  Create and maintain local and statewide interest in the history of the state and region.

9-2-416.  Repealed by Laws 1991, ch. 29, § 6.

9-2-417.  Renumbered as 9-2-1026.6 by Laws 1991, ch. 29, § 4.

9-2-418.  Renumbered as 9-2-1026.7 by Laws 1991, ch. 29, § 4.

9-2-419.  Marking, defacing, removing or tampering with certain materials; penalty.

Any person marking, defacing, removing or tampering in any manner whatsoever with any property acquired under W.S. 9-2-404 through 9-2-415, by the director or, acquired under W.S. 9-2-1026.5 through 9-2-1026.7 by the state librarian or state library board is guilty of a misdemeanor punishable by a fine of not more than one hundred dollars ($100.00).