§ 47-10-117 — Creation and retention of electronic records and conversion of written records by governmental agencies

(a) Except as may otherwise be specifically required or prohibited by applicable law, the information systems council established under § 4-3-5501 , shall determine whether, and the extent to which, this state or any of its departments or agencies will create and retain electronic records and convert written records to electronic records. (b) Except as may otherwise be specifically required or prohibited by applicable law, and subject to § 47-10-120 , all local governmental public officials, including but not limited to officials of counties, municipalities, utility districts, other local governmental entities and those offices enumerated under § 8-22-101 , shall themselves determine whether, and the extent to which, they will create and retain electronic records and convert written records to electronic records. (c) In addition to any requirements established by this chapter, any governmental agency creating and retaining records in electronic format shall do so in accordance with the standards and limitations established in § 10-7-121 . Likewise, any county official providing computer access and remote electronic access to governmental records shall do so in accordance with the standards and limitations for such practice established in § 10-7-123 . Nothing in this chapter shall be construed as relieving a county official from complying with the provisions of title 10, chapter 7, part 4, regarding the retention of county public records, specifically the provisions of § 10-7-404(d) , which requires approval of the county public records commission prior to the destruction of original documents which have been transferred to computer storage media.

Legislative History

Acts 2001, ch. 72, § 17.