Sec. 3. 5 MRSA §98 is enacted to read:

§98.__Maine Historical Records Advisory Board

The Maine Historical Records Advisory Board, established by section 12004-I, subsection 18-D and referred to in this section as the "board," is within the office of the State Archivist and serves to encourage the preservation of and access to historical records within the State.

1.__Duties.__In support of its mission, the board shall conduct the following activities:

A.__Make recommendations to the National Historical Publications and Records Commission regarding the funding of proposals seeking support from that commission;

B.__Develop, maintain and execute a strategic plan supporting the board's priorities for funding recommendations and other activities;

C.__Seek, receive and administer nonstate funds to support its priority activities;

D.__Work cooperatively with other state historical records advisory boards, especially those in New England;

E.__Report biennially to the joint standing committees of the Legislature having jurisdiction over education and cultural affairs and over state and local government matters on the board's activities and on the condition of historical records in the State; and

F.__Other activities it determines appropriate.

2.__Authority.__In order to carry out its mission, the board may make expenditures in accordance with the following:

A.__Beginning with the 2004- 2005 biennium, the Governor shall include in the budget submitted to the Legislature each biennium a line item to allow the expenditure by the board of any non-General Fund revenues received by the board, including federal funds, grants or gifts; and

B.__Beginning with the 2004- 2005 biennium, the Governor shall include in the budget submitted to the Legislature each biennium a line item to allow the expenditure by the board of any non-General Fund revenues received by the board to fund a full-time position.

3.__Membership.__The board consists of at least 7 and no more than 11 members who are appointed to serve as follows:

A.__Except as provided in paragraph B, the Governor shall appoint all of the members, the majority of whom must have experience in the administration of historical records or in a field of research activity that makes extensive use of historical records;

B.__The Director of the Maine Historical Society and the State Archivist are members ex officio and are voting members; and

C.__The Governor shall appoint either the Director of the Maine Historical Society or the State Archivist to serve as the Maine Historical Records Coordinator and to serve as the chair of the board.__ The coordinator shall serve a term of 4 years and may not be compensated but may receive the reimbursements allowed members of the board.

All members, with the exception of the coordinator, serve 3-year terms.__ All members serve without compensation.__ All legally allowed expenditures incurred by the members in the performance of their duties may be reimbursed by the National Historical Publications and Records Commission or by other funds available to the board.

4.__Maine Historical Records Advisory Board Fund.__The Maine Historical Records Advisory Board Fund, referred to in this section as the "fund," is established for use by the board.__Balances in the fund may not lapse and must be carried forward and used for the purposes of this section.__The board may accept and deposit in the fund money from private and public sources.

Sec. 4. 5 MRSA §12004-I, sub-§18-D is enacted to read:

18-D. Not 5 MRSA

Education Historical Authorized §98

Records

Advisory

Board

Sec. 5. Initial members. The members serving on the effective date of this Act on the Maine Historical Records

Advisory Board established pursuant to Executive Order No. 7 ordered on January 30, 1989 continue serving their terms of office as members of the Maine Historical Records Advisory Board established in the Maine Revised Statutes, Title 5, section 98.

Sec. 6. Appropriations and allocations. The following appropriations and allocations are made.

SECRETARY OF STATE, DEPARTMENT OF THE

Administration - Archives

Initiative: Provides initial allocations for the Maine Historical Records Advisory Board.

Federal Expenditures Fund 2002-03

Personal Services $0

All Other 0

________

Total $0

Other Special Revenue Funds

Personal Services $0

All Other 0

________

Total $0

SECRETARY OF STATE, DEPARTMENT OF THE

DEPARTMENT TOTALS 2001-02

FEDERAL EXPENDITURES FUND $0

OTHER SPECIAL REVENUE FUNDS $0

________

DEPARTMENT TOTAL - ALL FUNDS $0

FISCAL NOTE

2002-03

APPROPRIATIONS/ALLOCATIONS

Other Funds $2,000

The requirement that municipalities shall respond to surveys distributed by the State Archivist represents a state mandate pursuant to the Constitution of Maine. The additional local

costs are likely to be relatively insignificant. Unless General Fund appropriations are provided to fund at least 90% of the additional costs or a Mandate Preamble is amended to the bill and 2/3 of the members of each House vote to exempt this mandate from the funding requirement, municipalities may not be required to implement these changes.

This bill includes Federal Expenditures Fund and Other Special Revenue funds allocations of $1,000 each in fiscal year 2002-03 for the initial allocations needed for placing the Maine Historical Records Advisory Board as a part of the Administration - Archives program, which is within the Department of the Secretary of State.

SUMMARY

This bill is reported out by the Joint Standing Committee on Education and Cultural Affairs pursuant to the authority provided to the committee under Resolve 2001, chapter 10. The bill implements the recommendations presented to the Second Regular Session of the 120th Legislature as part of the comprehensive plan for preserving and protecting historical records and access to those records developed by the Secretary of State, the University of Maine System and the Maine Historical Records Advisory Board. The bill accomplishes the following.

1. It establishes an enforcement mechanism for the existing statutory requirement that local governments provide a fireproof safe or vault for the preservation of records by directing each local government to respond to a survey distributed biennially by the State Archivist regarding the adequacy of the measures taken by the local government to comply with this record preservation requirement.

2. It establishes an enforcement mechanism for the existing statutory requirement that local governments retain and preserve archival records currently in a digital format by directing each local government to respond to a survey distributed biennially by the State Archivist regarding the adequacy of the measures taken by the local government to comply with this archival record retention and preservation requirement.

3. It codifies in statutes the existing Maine Historical Records Advisory Board, established pursuant to Executive Order No. 7 and ordered on January 30, 1989 and permits the members currently serving on this advisory board to continue serving their terms of office as initial members of the statutory advisory board.

4. It requires the Governor, beginning with the 2004-2005 biennium, to include in the budget submitted to the Legislature each biennium a line item to permit expenditure of nonstate General Fund revenues, including federal funds, grants or gifts and a proposed line item to support a full-time position funded from nonstate General Fund revenues.

5. It provides an allocation from the Federal Expenditures Fund and Other Special Revenue funds to carry out the purposes of the bill.