TITLE 38
Public Records

CHAPTER 38-3
Public Records Administration

SECTION 38-3-2


§ 38-3-2 Definitions.

For the purpose of this chapter:

(1) "Agency" or "public body" shall mean any executive, legislative, judicial, regulatory, administrative body of the state, or any political subdivision thereof; including, but not limited to, any department, division, agency, commission, board, office, bureau, authority, any school, fire, or water district, or other agency or quasi-public agency of state or local government which exercises governmental functions, or any other public or private agency, person, partnership, corporation, or business entity acting on behalf of any public agency.

(2) "Program" shall mean the public records administration program of the secretary of state.

(3) "Public record" or "public records" shall mean all documents, papers, letters, maps, books, tapes, photographs, films, sound recordings, or other material regardless of physical form or characteristics made or received pursuant to law or ordinance or in connection with the transaction of official business by any agency.

(4) "Public records repository" shall mean the establishment maintained by the program for preservation of those public records determined by the program to have permanent value warranting their continued preservation and which has been accepted by the program for transfer to its custody.

(5) "Records center" shall mean an establishment maintained by the program for the storage, processing, servicing, and security of public records that must be retained for varying periods of time but need not be retained in an agency's office equipment or space.

(6) "Records control schedule" shall mean the document establishing the official retention, maintenance, and disposal requirements for a series or type of record based on administrative, legal, fiscal, and historical values for the scheduled records.

History of Section.
(P.L. 1981, ch. 353, § 6; P.L. 1991, ch. 179, § 1; P.L. 2011, ch. 363, § 42; P.L. 2012, ch. 451, § 2.)