One Click Case Law for § 45-13-45
O.C.G.A. § 45-13-44 <-- --> O.C.G.A. §45-13-46

2010 Georgia Code

TITLE 45 - PUBLIC OFFICERS AND EMPLOYEES

CHAPTER 13 - SECRETARY OF STATE
ARTICLE 3 - DIVISION OF ARCHIVES AND HISTORY
§ 45-13-45 - Powers of Secretary of State with respect to management of division generally; designation and establishment of branch depositories

O.C.G.A. 45-13-45 (2010)
45-13-45. Powers of Secretary of State with respect to management of division generally; designation and establishment of branch depositories


(a) The Secretary of State is authorized to adopt rules for the government of the division; to appoint a director and to provide for the selection or appointment of such other officials or employees as may be authorized; to provide for the print or electronic publication, under the supervision of the director, of historical material pertaining to the state; to control and expend such appropriations as may be made for the maintenance of the Division of Archives and History; and to do such other acts and things as may be necessary to carry out the true intent and purpose of this article.

(b) The Secretary of State is authorized to designate and establish, as a branch depository of the Division of Archives and History, facilities occupied by any nonprofit historical association organized for the purpose of collecting, preserving, and diffusing information relating to the history of Georgia, which association has been in continuous existence for a period of at least 100 years; provided, however, that no such designation and establishment of a branch depository shall be made unless the Secretary of State shall obtain the prior written approval of the historical association involved and unless the funds are made available to the Secretary of State for the specific purpose of supporting such branch depository. The Secretary of State may expend such funds as are necessary or desirable for the maintenance and operation of any such facilities and for the preservation and safeguarding of the contents thereof and for the employment of such persons as are necessary or desirable for the accomplishment of same. The Secretary of State may enter into such contractual arrangements as he or she deems to be in the public interest for acquiring the title to or loan of any historical records for use in such branch depository or any other depository of the Division of Archives and History. Such branch depository shall be under the immediate management and control of the Secretary of State. The Secretary of State may abolish such branch depository at any time.

(c) The Secretary of State is authorized to designate and establish, as a branch depository of the Division of Archives and History for the storage and retention of permanent records, temporary records, or security backup media in any format, facilities occupied by any government agency; provided, however, that no such designation and establishment of a branch depository shall be made unless the Secretary of State shall obtain the prior written approval of the government agency involved. Records in the custody of such depositories shall be subject to the same laws, standards, and policies as any records in the physical custody of the Division of Archives and History including, but not limited to, Code Section 50-18-98. The Secretary of State may expend such funds as are necessary or desirable for the maintenance and operation of any such facilities; for the preservation and safeguarding of the contents thereof; and for the employment of such persons as are necessary and desirable for the accomplishment of such maintenance, operation, preservation, and safeguarding. Such depositories may be operated on a cost recovery basis. The Secretary of State may enter into such contractual arrangements as he or she deems to be in the public interest for creating and operating such branch depositories. The records or digital content maintained in such branch depositories shall be under the immediate management and control of the Division of Archives and History. The Secretary of State may abolish such branch depository at any time.