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2018 Georgia Code 50-18-91 | Car Wreck Lawyer

TITLE 50 STATE GOVERNMENT

Section 18. State Printing and Documents, 50-18-1 through 50-18-135.

ARTICLE 5 STATE RECORDS MANAGEMENT

50-18-91. Definitions.

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.

(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.)

The 2013 amendment, effective July 1, 2013, substituted "University System of Georgia" for "Office of the Secretary of State" at the end of paragraph (3).

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.

Cases Citing O.C.G.A. § 50-18-91

Total Results: 3  |  Sort by: Relevance  |  Newest First

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Undisclosed LLC v. State, 302 Ga. 418 (Ga. 2017).

Cited 25 times | Published | Supreme Court of Georgia | Oct 30, 2017 | 807 S.E.2d 393

...See Ga. L. 1993, p. 1315, § 1. We note that in 1978, before enactment of Rule 21, the General Assembly provided a different definition of a “court record” as part of the Georgia Records Act. See Ga. L. 1978, pp. 1372, 1375, § 4 (codified in OCGA § 50-18-91 (2))....
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Ga. Ports Auth. v. Lawyer, 821 S.E.2d 22 (Ga. 2018).

Cited 12 times | Published | Supreme Court of Georgia | Nov 1, 2018 | 304 Ga. 667

...laims Act. See id. at 588-589, 470 S.E.2d 426.7 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)....
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Georgia Ports Auth. v. Lawyer, 304 Ga. 667 (Ga. 2018).

Published | Supreme Court of Georgia | Nov 1, 2018

...“State” as that term is used in the Tort Claims Act. See id. at 588-589.7 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)....