O.C.G.A.

O.C.G.A. § 50-18-91 (2019)

Definitions

✓ O.C.G.A.: 2019 edition (Public.Resource.Org Release 73)
Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.
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As used in this article, the term:

(1) ‘‘Agency’’ means any state office, department, division, board, bureau, commission, authority, or other separate unit of state government created or established by law.

(2) ‘‘Court record’’ means all documents, papers, letters, maps, books (except books formally organized in libraries), microfilm, magnetic tape, or other material, regardless of physical form or characteristics, made or received pursuant to law or ordinance or, in the necessary performance of any judicial function, created or received by an official of the Supreme Court, Court of Appeals, and any superior, state, juvenile, probate, or magistrate court. ‘‘Court record’’ includes records of the offices of the judge, clerk, prosecuting attorney, public defender, court reporter, or any employee of the court.

(3) ‘‘Division’’ means the Division of Archives and History of the University System of Georgia.

(4) ‘‘Georgia State Archives’’ means an establishment maintained by the division for the preservation of those records and other papers that have been determined by the division to have sufficient historical and other value to warrant their continued preservation by the state and that have been accepted by the division for deposit in its custody.

(5) ‘‘Records’’ means all documents, papers, letters, maps, books (except books in formally organized libraries), microfilm, magnetic tape, or other material, regardless of physical form or characteristics, made or received pursuant to law or ordinance or in performance of functions by any agency.

(6) ‘‘Records center’’ means an establishment maintained by the division primarily 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 office space.

(7) ‘‘Record series’’ means documents or records having similar physical characteristics or relating to a similar function or activity that are filed in a unified arrangement.

(8) ‘‘Records management’’ means the application of management techniques to the creation, utilization, maintenance, retention, preservation, and disposal of records undertaken to reduce costs and improve efficiency of record keeping. ‘‘Records management’’ includes management of filing and microfilming equipment and supplies; filing and information retrieval systems; files, correspondence, reports, and forms management; historical documentation; micrographics; retention programming; and vital records protection.

(9) ‘‘Retention schedule’’ means a set of disposition instructions prescribing how long, where, and in what form a record series shall be kept.

(10) ‘‘Vital records’’ means any record vital to the resumption or continuation of operations, or both; to the re-creation of the legal and financial status of government in the state; or to the protection and fulfillment of obligations to citizens of the state.

History

Ga. L. 1972, p. 1267, § 2; Ga. L. 1973, p. 691, §§ 1, 2; Ga. L. 1975, p. 675, § 1; Ga. L. 1978, p. 1372, § 4; Ga. L.

1983, p. 884, § 4-1; Ga. L. 1984, p. 22, § 50; Ga. L. 2002, p. 532, § 23; Ga. L. 2013, p. 594, § 2-3/HB 287.

Annotations

OPINIONS OF THE ATTORNEY GENERAL Authority of agency head. - Agency head has direct supervisory control over the agency records management officer and, subject to the approval of the State

Records Committee, direct control over the agency’s records management program. 1975 Op. Att’y Gen. No. 75-84.

RESEARCH REFERENCES Am. Jur. 2d. - 66 Am. Jur. 2d, Records and Recording Laws, § 1. C.J.S. - 76 C.J.S., Records, § 1 et seq.

Notes of Decisions
Cited in 4 cases, 2017–2018 · leading case: Undisclosed LLC v. State, 807 S.E.2d 393 (Ga. 2017).
Undisclosed LLC v. State, 807 S.E.2d 393 (Ga. 2017). · cites it 2× “1372, 1375, § 4 (codified in OCGA § 50-18-91 (2)). That definition is expansive, departs dramatically from the common law and the Act’s definitions we have discussed, and may well cover the audio recordings at issue here.”
Ga. Ports Auth. v. Lawyer, 821 S.E.2d 22 (Ga. 2018). · cites it 2× “7 The Ports Authority appears to come within the scope of the Open Meetings Act, see OCGA § 50-14-1 (a) (1) (A), the Open Records Act, see OCGA § 50-18-70 (b) (1), and the Georgia Records Act, see OCGA § 50-18-91 (1). In addition, Georgia law considers the Ports Authority an…”
Undisclosed LLC v. The State (Ga. 2017). · cites it 2× “1372, 1375, § 4 (codified in OCGA § 50-18-91 (2)). That definition is expansive, departs dramatically from the common law and the Act’s definitions we have discussed, and may well cover the audio recordings at issue here.”
Georgia Ports Auth. v. Lawyer, 304 Ga. 667 (Ga. 2018). · cites it 2× “7 The Ports Authority appears to come within the scope of the Open Meetings Act, see OCGA § 50-14-1 (a) (1) (A), the Open Records Act, see OCGA § 50-18-70 (b) (1), and the Georgia Records Act, see OCGA § 50-18-91 (1). In addition, Georgia law considers the Ports Authority an…”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.