Kentucky Statutes 171.420 – State Libraries, Archives, and Records Commission
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(1) The State Libraries, Archives, and Records Commission is hereby created and shall be a seventeen (17) member body constituted as follows:
(a) The state librarian or his or her designee, who shall be the chairperson of the commission;
(b) The secretary of the Education and Labor Cabinet or his or her designee, who shall serve as vice chairperson;
(c) The Auditor of Public Accounts or his or her designee; (d) The state law librarian or his or her designee;
(e) The director of the Legislative Research Commission or his or her designee;
(f) The Attorney General or his or her designee;
(g) The executive director of the Kentucky Military Heritage Commission or a designee of the commission;
(h) The executive director of the Commonwealth Office of Technology or his or her designee;
(i) The president of the Kentucky Association of School Librarians or his or her designee;
(j) The executive director of the Kentucky Historical Society or his or her designee;
(k) The executive director of the Kentucky Library Association or his or her designee;
(l) The president of the Council on Postsecondary Education or his or her designee;
(m) Four (4) citizens at large appointed by the Governor, including one (1) member representing library users with disabilities, one (1) member representing disadvantaged persons, and two (2) members representing library users; and
(n) One (1) member, who shall not be an elected official, appointed by the Governor from a list of three (3) persons, with one (1) name submitted by each of the presidents of the Kentucky League of Cities, the Kentucky Association of Counties, and the Kentucky Association of School Administrators.
(2) Vacancies for appointed members shall be filled by the Governor in the same manner as initial appointments are made. All appointed members shall serve for a term of three (3) years, except when making the appointments under subsection (3) of this section, two (2) shall be for a term of three (3) years, two (2) for two (2) years, and one (1) for one (1) year.
(3) On July 14, 2018, all terms of gubernatorial appointees made prior to July 14,
2018, shall expire, and the Governor shall appoint five (5) members to the commission in accordance with paragraphs (m) and (n) of subsection (1) of this section.
(4) The commission shall be the state advisory council on libraries and shall advise the Department for Libraries and Archives on matters relating to federal
and state library development issues, archives and records management, federal and state funding, public library standards, and other federal and state library service issues. The commission shall have the authority to review and approve schedules for retention and destruction of records submitted by state and local agencies. In all cases, the commission shall determine questions which relate to destruction of public records, and their decision shall be binding on the parties concerned and final, except that the commission may reconsider or modify its actions upon the agreement of a simple majority of the membership present and voting.
Effective:July 1, 2022
History: Amended 2022 Ky. Acts ch. 236, sec. 90, effective July 1, 2022. — Amended 2018 Ky. Acts ch. 176, sec. 3, effective July 14, 2018. — Amended
2009 Ky. Acts ch. 11, sec. 56, effective June 25, 2009. — Amended 2006 Ky. Acts ch. 211, sec. 111, effective July 12, 2006. — Amended 2005 Ky. Acts ch.
85, sec. 602, effective June 20, 2005. — Amended 2000 Ky. Acts ch. 506, sec.
20, effective July 14, 2000; and ch. 536, sec. 20, effective July 14, 2000. — Amended 1994 Ky. Acts ch. 209, sec. 18, effective July 15, 1994. Amended
1992 Ky. Acts ch. 185, sec. 1, effective July 14, 1992. — Amended 1982 Ky. Acts ch. 245, sec. 2, effective July 15, 1982. — Amended 1978 Ky. Acts ch. 384, sec. 120, effective June 17, 1978. — Amended 1976 Ky. Acts ch. 242, sec. 1. — Amended 1974 Ky. Acts ch. 74, Art. II, sec. 9(2); and ch. 257, sec. 5. — Amended 1970 Ky. Acts ch. 92, sec. 33. — Amended 1962 Ky. Acts ch. 106, Art. V, sec. 3. — Created 1958 Ky. Acts ch. 49, sec. 2.
Legislative Research Commission Note (7/12/2006). Under the authority of KRS
7.136(1)(c) and for the sake of clarity, the Reviser of Statutes has divided this statute as contained in 2006 Ky. Acts ch. 211, sec. 111, into numbered subsections and paragraphs.
(a) The state librarian or his or her designee, who shall be the chairperson of the commission;
Terms Used In Kentucky Statutes 171.420
- Attorney: means attorney-at-law. See Kentucky Statutes 446.010
- Federal: refers to the United States. See Kentucky Statutes 446.010
- State: when applied to a part of the United States, includes territories, outlying possessions, and the District of Columbia. See Kentucky Statutes 446.010
- Statute: A law passed by a legislature.
- Year: means calendar year. See Kentucky Statutes 446.010
(b) The secretary of the Education and Labor Cabinet or his or her designee, who shall serve as vice chairperson;
(c) The Auditor of Public Accounts or his or her designee; (d) The state law librarian or his or her designee;
(e) The director of the Legislative Research Commission or his or her designee;
(f) The Attorney General or his or her designee;
(g) The executive director of the Kentucky Military Heritage Commission or a designee of the commission;
(h) The executive director of the Commonwealth Office of Technology or his or her designee;
(i) The president of the Kentucky Association of School Librarians or his or her designee;
(j) The executive director of the Kentucky Historical Society or his or her designee;
(k) The executive director of the Kentucky Library Association or his or her designee;
(l) The president of the Council on Postsecondary Education or his or her designee;
(m) Four (4) citizens at large appointed by the Governor, including one (1) member representing library users with disabilities, one (1) member representing disadvantaged persons, and two (2) members representing library users; and
(n) One (1) member, who shall not be an elected official, appointed by the Governor from a list of three (3) persons, with one (1) name submitted by each of the presidents of the Kentucky League of Cities, the Kentucky Association of Counties, and the Kentucky Association of School Administrators.
(2) Vacancies for appointed members shall be filled by the Governor in the same manner as initial appointments are made. All appointed members shall serve for a term of three (3) years, except when making the appointments under subsection (3) of this section, two (2) shall be for a term of three (3) years, two (2) for two (2) years, and one (1) for one (1) year.
(3) On July 14, 2018, all terms of gubernatorial appointees made prior to July 14,
2018, shall expire, and the Governor shall appoint five (5) members to the commission in accordance with paragraphs (m) and (n) of subsection (1) of this section.
(4) The commission shall be the state advisory council on libraries and shall advise the Department for Libraries and Archives on matters relating to federal
and state library development issues, archives and records management, federal and state funding, public library standards, and other federal and state library service issues. The commission shall have the authority to review and approve schedules for retention and destruction of records submitted by state and local agencies. In all cases, the commission shall determine questions which relate to destruction of public records, and their decision shall be binding on the parties concerned and final, except that the commission may reconsider or modify its actions upon the agreement of a simple majority of the membership present and voting.
Effective:July 1, 2022
History: Amended 2022 Ky. Acts ch. 236, sec. 90, effective July 1, 2022. — Amended 2018 Ky. Acts ch. 176, sec. 3, effective July 14, 2018. — Amended
2009 Ky. Acts ch. 11, sec. 56, effective June 25, 2009. — Amended 2006 Ky. Acts ch. 211, sec. 111, effective July 12, 2006. — Amended 2005 Ky. Acts ch.
85, sec. 602, effective June 20, 2005. — Amended 2000 Ky. Acts ch. 506, sec.
20, effective July 14, 2000; and ch. 536, sec. 20, effective July 14, 2000. — Amended 1994 Ky. Acts ch. 209, sec. 18, effective July 15, 1994. Amended
1992 Ky. Acts ch. 185, sec. 1, effective July 14, 1992. — Amended 1982 Ky. Acts ch. 245, sec. 2, effective July 15, 1982. — Amended 1978 Ky. Acts ch. 384, sec. 120, effective June 17, 1978. — Amended 1976 Ky. Acts ch. 242, sec. 1. — Amended 1974 Ky. Acts ch. 74, Art. II, sec. 9(2); and ch. 257, sec. 5. — Amended 1970 Ky. Acts ch. 92, sec. 33. — Amended 1962 Ky. Acts ch. 106, Art. V, sec. 3. — Created 1958 Ky. Acts ch. 49, sec. 2.
Legislative Research Commission Note (7/12/2006). Under the authority of KRS
7.136(1)(c) and for the sake of clarity, the Reviser of Statutes has divided this statute as contained in 2006 Ky. Acts ch. 211, sec. 111, into numbered subsections and paragraphs.