07 SB210/AP
Senate
Bill 210
By:
Senators Hooks of the 14th, Johnson of the 1st, Shafer of the 48th and Harbison
of the 15th
AS PASSED
AS PASSED
AN
ACT
To
amend Article 3 of Chapter 13 of Title 45 of the Official Code of Georgia
Annotated, relating to the Division of Archives and History, so as to authorize
the Secretary of State to designate and establish facilities occupied by a
government agency as a branch depository under certain circumstances; to provide
that the Division of Archives and History shall own and operate any equipment
necessary to manage and retain control of electronic archival records but may
contract with third parties for services related to the management of such
records; to provide for related matters; to repeal conflicting laws; and for
other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Article
3 of Chapter 13 of Title 45 of the Official Code of Georgia Annotated, relating
to the Division of Archives and History, is amended by revising Code Section
45-13-45, relating to powers of Secretary of State with respect to management of
division generally, by adding a new subsection as follows:
"(c)
The Secretary of State is authorized to designate and establish, as a branch
depository of the Division of Archives and History for the storage and retention
of permanent records, temporary records, or security backup media in any format,
facilities occupied by any government agency; provided, however, that no such
designation and establishment of a branch depository shall be made unless the
Secretary of State shall obtain the prior written approval of the government
agency involved. Records in the custody of such depositories shall be subject
to the same laws, standards, and policies as any records in the physical custody
of the Division of Archives and History including, but not limited to, Code
Section 50-18-98. The Secretary of State may expend such funds as are necessary
or desirable for the maintenance and operation of any such facilities; for the
preservation and safeguarding of the contents thereof; and for the employment of
such persons as are necessary and desirable for the accomplishment of such
maintenance, operation, preservation, and safeguarding. Such depositories may
be operated on a cost recovery basis. The Secretary of State may enter into
such contractual arrangements as he or she deems to be in the public interest
for creating and operating such branch depositories. The records or digital
content maintained in such branch depositories shall be under the immediate
management and control of the Division of Archives and History. The Secretary
of State may abolish such branch depository at any time."
SECTION
2.
Said
article is further amended by revising Code Section 45-13-46, relating to
surrender of materials to division for preservation, as follows:
"45-13-46.
(a)
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 Secretary of State 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, which 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.
(b)
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.
(c)
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.
(d)
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 of the
State of Georgia."
SECTION
3.
All
laws and parts of laws in conflict with this Act are repealed.