Title to Records; Access to Records of Constitutional Officers

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  6. Title to Records; Access to Records of Constitutional Officers

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  1. Title to any record transferred to the Georgia State Archives as authorized by this article shall be vested in the division. The division shall not destroy any record transferred to it by an agency without consulting with the proper official of the transferring agency prior to submitting a retention schedule requesting such destruction to the State Records Committee. Access to records of constitutional officers shall be at the discretion of the constitutional officer who created, received, or maintained the records, but no limitation on access to such records shall extend more than 25 years after creation of the records. As used in this Code section, the term "constitutional officer" means the Governor, Lieutenant Governor, Secretary of State, Attorney General, State School Superintendent, Commissioner of Insurance, Commissioner of Agriculture, or Commissioner of Labor.
  2. Title to any record transferred to the records center shall remain in the agency transferring such record to the records center.

(Ga. L. 1972, p. 1267, § 10; Ga. L. 1973, p. 691, § 3; Ga. L. 1975, p. 675, § 8; Ga. L. 2002, p. 532, § 29; Ga. L. 2012, p. 173, § 1-39/HB 665.)

The 2012 amendment, effective July 1, 2012, added the last sentence in subsection (a).

OPINIONS OF THE ATTORNEY GENERAL

Applicability of O.C.G.A. § 50-18-98 to courts requires adoption of retention schedule by State Records Committee and concurrence in that retention schedule by the Administrative Office of the Courts. 1982 Op. Att'y Gen. No. 82-29.

RESEARCH REFERENCES

Am. Jur. 2d.

- 66 Am. Jur. 2d, Records and Recording Laws, § 5.

C.J.S.

- 76 C.J.S., Records, § 41.


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