§ 38-3-3 - Public records administration program.
SECTION 38-3-3
§ 38-3-3 Public records administrationprogram. – (1) The public records administration program shall be organized as deemednecessary by the secretary of state for the proper discharge of its duties andresponsibilities under this chapter. All personnel, furnishings, equipment,finances, property, and contractual arrangements of the public recordsadministration shall be the responsibility of the secretary of state.
(2) There shall be a public records advisory commissionconsisting of seventeen (17) members, one of whom shall be a member of thesenate chosen by the president of the senate, one of whom shall be a member ofthe house of representatives chosen by the speaker of the house, six (6) ofwhom shall be chosen by the governor, and seven (7) of whom shall be chosen bythe secretary of state. The secretary of state or designee shall serve as apermanent member of the commission. The state archivist shall serve as apermanent member of the commission. The appointments shall consist of personswho are qualified by training and experience with proven interest in historicalrecords and public records management. In the first instance, five (5) membersshall 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) membersshall be appointed for a three (3) year term, two (2) by the governor, andthree (3) by the secretary of state. The members shall hold office until July1, in the years in which their respective terms end. Thereafter, prior to July1, successors shall be appointed to the commission to the members of thecommission whose terms expired. Vacancy of a member shall be filled byappointment by the corresponding authority for the remainder of the unexpiredterms.
(3) The secretary of state or designee shall serve as thechairperson of the commission. The state archivist or designee shall serve asthe secretary of the commission with voting rights.
(4) It shall be the duty of the public records advisorycommission to provide professional and technical assistance to the publicrecords administration program, the state archives, and the local governmentsof the state in all matters relating to the administration of public records.Members of the commission shall serve without pay.
(5) The secretary of state may appoint an administrator ofthe program and shall establish his or her qualifications other than theprofessional competence required. The administrator shall coordinate, direct,and administer the activities and responsibilities of the program. Theadministrator shall serve at the pleasure of the secretary of state.
(6) The program may make and enter into contracts andagreements with other agencies, organizations, associations, corporations, andindividuals, or federal agencies as it may determine are necessary, expedient,or incidental to the performance of its duties or the execution of its powersunder this chapter.
(7) The program shall adopt rules and regulations deemednecessary to carry out its duties and responsibilities under this chapter whichrules shall be binding on all agencies and persons affected thereby. Thewillful violation of any of the rules and regulations adopted by the programshall constitute a misdemeanor.
(8) The program may accept gifts, grants, bequests, loans,and endowments for purposes not inconsistent with its responsibilities underthis chapter.