Surrender of Materials to Division for Preservation; Preparation of Certified Copies; Ownership, Operation, and Management of Electronic Archival Records; Exemption for Certain Records Under Certain Conditions; "Constitutional Officer" Defined

  1. Law
  2. Georgia Code
  3. Education
  4. Postsecondary Education
  5. Board of Regents and University System
  6. Division of Archives and History
  7. Surrender of Materials to Division for Preservation; Preparation of Certified Copies; Ownership, Operation, and Management of Electronic Archival Records; Exemption for Certain Records Under Certain Conditions; "Constitutional Officer" Defined

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  1. Any state, county, or other official is authorized, in his or her discretion, to turn over for permanent preservation in the Division of Archives and History any official books, records, documents, original papers, manuscript files, newspaper files, portraits, and printed volumes not in current use in his or her office. Any record created or received by a state agency, constitutional officer, or Speaker of the House of Representatives in the performance of a public duty or paid for by public funds and certified by the director of the Division of Archives and History as necessary to document the history, organization, functions, policies, decisions, and procedures of the agency or office shall be placed for permanent preservation in the Division of Archives and History when no longer in current use by the agency or officer. The board shall provide for the preservation of said materials; and, when so surrendered, copies thereof shall be made and certified by the director upon the application of any person interested, and such certification shall have the same force and effect as if made by the officers originally in custody of them and for which the same fees shall be charged.
  2. The Division of Archives and History shall own and operate any equipment necessary to manage and retain control of electronic archival records in its custody but may, at its discretion, contract with third-party entities to provide any or all services related to managing archival records on equipment owned by the contractor, by other third parties, or by the Division of Archives and History.
  3. Personal and official records and papers of the Lieutenant Governor and the Speaker of the House of Representatives shall be exempt from the provisions of subsection (a) of this Code section when such records and papers are deposited in a repository that meets the minimum archival and public access standards promulgated by the Division of Archives and History.
  4. As used in this Code section, the term "constitutional officer" means any officer enumerated in Article V, Section I, Paragraph I; Article V, Section I, Paragraph III; or Article V, Section III, Paragraph I of the Constitution.

(Ga. L. 1918, p. 137, § 6; Ga. L. 1931, p. 7, § 89-B; Code 1933, § 40-805; Code 1981, §45-13-46; Ga. L. 2002, p. 532, § 15; Ga. L. 2004, p. 591, § 2; Ga. L. 2007, p. 83, § 2/SB 210; Code 1981, §20-3-41.2, as redesignated by Ga. L. 2013, p. 594, § 1-1/HB 287.)

OPINIONS OF THE ATTORNEY GENERAL

Preservation of tax records.

- Tax commissioners should retain the records in their offices for a definite length of time; the records must be kept permanently but all records not currently in use may be turned over to the director of the Department of Archives for permanent preservation. 1963-65 Op. Att'y Gen. p. 50.

RESEARCH REFERENCES

Am. Jur. 2d.

- 72 Am. Jur. 2d, States, Territories, and Dependencies, § 65.

C.J.S.

- 81A C.J.S., States, § 164.


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