Request By:
Ralph E. Pardue
Director of Purchases
Kentucky State University
Frankfort, Kentucky 40601
Opinion
Opinion By: Steven L. Beshear, Attorney General; Greg Holmes, Assistant Attorney General
This is in response to your letter to the Attorney General in which you seek advice concerning the legality of using microfilm microfiche as permanent records by Kentucky State University. Initially, we direct your attention to KRS 171.410. This statute was originally enacted in 1974 and provided:
"(1) 'Records' means all books, papers, maps, photographs, and other documentary materials, regardless of physical form or characteristics, made or received by any agency of the state government in pursuance of the state law or in connection with the transaction of public business and preserved or appropriate for preservation by that agency or its legitimate successor as evidence of the organization, functions, policies, decisions, procedures, operations, or other activities of the government or because of the informational value of data contained therein.
(2) 'Department' means the department of library and archives.
(3) 'Commission' means the state archives and records commission."
The statute was amended by the 1982 Session of the Kentucky General Assembly, and it now provides as follows:
"(1) 'Records' means all books, papers, maps, photographs, cards, tapes, disks, recordings, and other documentary materials, regardless of physical form or characteristics, made or received by any agency of the state government in pursuance of the state law or in connection with the transaction of public business and preserved or appropriate for preservation by that agency or its legitimate successor as evidence of the organization, functions, policies, decisions, procedures, operations, or other activities of the government or because of the informational value of data contained therein.
(2) 'Department' means department for libraries and archives.
(3) 'Commission' means the state archives and records commission.
(4) 'Agency' means every state or local office, state department, division, bureau; board, commission and authority; every legislative board, commission, committee and officer; every county and city governing body, council, school district board, special district board, municipal corporation, and any board, department, commission, committee, sub-committee, ad hoc committee, council or agency thereof; and any other body which is created by state or local authority and which derives at least twenty-five percent (25) of its funds from state or local authority. "
It is apparent from amendment to this statute that it is the intent of the legislature to facilitate the maintenance of public records by modernizing the means of preserving those records.
It is therefore the view of this office that Kentucky law does permit Kentucky State University to maintain its records via microfilm microfiche.