(1) If the state archivist determines that any records in the custody of a public officer of a state agency, including the executive director of the department of personnel, are of no legal, administrative, or, subject to section 24- 80-211 (1)(b), historical value, but the public officer having custody of said records or from whose office records originated fails to agree with such determination or refuses to dispose of said records, the state archivist may request the governor to make his or her determination as to whether said records should be disposed of in the interests of conservation of space, economy, or safety. This subsection (1) shall not apply to records in the custody of a public officer of any county, city, municipality, district, or political subdivision thereof. (2) If the state archivist determines that any records in the custody of a public officer of a state agency, including the executive director of the department of personnel, are of legal, administrative, or, subject to section 24-80-211 (1)(b), historical value, but the public officer having custody of said records or from whose state agency records originated fails to agree with such determination and wants to proceed with the disposal of such records, the state archivist may request the governor to make his or her determination as to whether said records should be transferred to the state archives. This subsection (2) shall not apply to records in the custody of a public officer of any county, city, municipality, district, or political subdivision thereof.
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