TITLE 38
Public Records

CHAPTER 38-3
Public Records Administration

SECTION 38-3-3


§ 38-3-3 Public records administration program.

(a) The public records administration program shall be organized as deemed necessary by the secretary of state for the proper discharge of its duties and responsibilities under this chapter. All personnel, furnishings, equipment, finances, property, and contractual arrangements of the public records administration shall be the responsibility of the secretary of state.

(b) There shall be a public records advisory commission consisting of seventeen (17) members, one of whom shall be a member of the senate chosen by the president of the senate, one of whom shall be a member of the house of representatives chosen by the speaker of the house, six (6) of whom shall be chosen by the governor, and seven (7) of whom shall be chosen by the secretary of state. The secretary of state or designee shall serve as a permanent member of the commission. The state archivist shall serve as a permanent member of the commission. The appointments shall consist of persons who are qualified by training and experience with proven interest in historical records and public records management. In the first instance, five (5) members shall be appointed for a one year term, two (2) by the governor and three (3) by the secretary of state; five (5) members shall be appointed for a two (2) year term, one by the speaker of the house, one by the president of the senate, two (2) by the governor, and one by the secretary of state; five (5) members shall be appointed for a three (3) year term, two (2) by the governor, and three (3) by the secretary of state. The members shall hold office until July 1, in the years in which their respective terms end. Thereafter, prior to July 1, successors shall be appointed to the commission to the members of the commission whose terms expired. Vacancy of a member shall be filled by appointment by the corresponding authority for the remainder of the unexpired terms.

(c) The secretary of state or designee shall serve as the chairperson of the commission. The state archivist or designee shall serve as the secretary of the commission with voting rights.

(d) It shall be the duty of the public records advisory commission to provide professional and technical assistance to the public records administration program, the state archives, and the local governments of the state in all matters relating to the administration of public records. Members of the commission shall serve without pay.

(e) The secretary of state may appoint an administrator of the program and shall establish his or her qualifications other than the professional competence required. The administrator shall coordinate, direct, and administer the activities and responsibilities of the program. The administrator shall serve at the pleasure of the secretary of state.

(f) The program may make and enter into contracts and agreements with other agencies, organizations, associations, corporations, and individuals, or federal agencies as it may determine are necessary, expedient, or incidental to the performance of its duties or the execution of its powers under this chapter.

(g) The program shall adopt rules and regulations deemed necessary to carry out its duties and responsibilities under this chapter which rules shall be binding on all agencies and persons affected thereby. The willful violation of any of the rules and regulations adopted by the program shall constitute a misdemeanor.

(h) The program may accept gifts, grants, bequests, loans, and endowments for purposes not inconsistent with its responsibilities under this chapter.

History of Section.
(P.L. 1981, ch. 353, § 6; P.L. 1991, ch. 179, § 1; P.L. 2001, ch. 180, § 80; P.L. 2011, ch. 363, § 42.)