Bill 3935

                    Current Status
Introducing Body:               House
Bill Number:                    3935
Ratification Number:            472
Act Number:                     412
Primary Sponsor:                Corning
Type of Legislation:            GB
Subject:                        Computer systems, county
                                records
Date Bill Passed both Bodies:   19940511
Computer Document Number:       436/11241AC.93
Governor's Action:              S
Date of Governor's Action:      19940525
Introduced Date:                19930413
Date of Last Amendment:         19940331
Last History Body:              ------
Last History Date:              19940525
Last History Type:              Act No. 412
Scope of Legislation:           Statewide
All Sponsors:                   Corning
Type of Legislation:            General Bill

Bill   Body    Date          Action Description              CMN  Leg Involved
----   ------  ------------  ------------------------------  ---  ------------
3935   ------  19940525      Act No. 412
3935   ------  19940525      Signed by Governor
3935   ------  19940519      Ratified R 472
3935   House   19940511      Concurred in Senate
                             amendment, enrolled for
                             ratification
3935   House   19940511      Reconsidered vote whereby
                             tabled
3935   House   19940510      Tabled
3935   Senate  19940405      Read third time, returned to
                             House with amendment
3935   Senate  19940331      Amended, read second time,
                             ordered to third reading with
                             notice of general amendments
3935   Senate  19940330      Committee Report: Favorable     11
                             with amendment
3935   Senate  19940209      Introduced, read first time,    11
                             referred to Committee
3935   House   19940208      Read third time, sent to
                             Senate
3935   House   19940203      Amended, read second time
3935   House   19940202      Committee Report: Favorable     25
                             with amendment
3935   House   19930413      Introduced, read first time,    25
                             referred to Committee

(A412, R472, H3935)

AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 14-17-595 SO AS TO PERMIT CLERKS OF COURT TO MAINTAIN ANY PUBLIC RECORD IN A COMPUTER SYSTEM SO LONG AS THERE IS A BACK-UP COPY MAINTAINED ON PERMANENTLY VALUABLE RECORDS; TO AMEND SECTION 14-23-1100, RELATING TO DUTIES OF CLERKS OF COURT AND SECTION 14-23-1130, AS AMENDED, RELATING TO RECORDS OF PROBATE COURT, SO AS TO REVISE THESE SECTIONS SO THAT COURT RECORDS MAY BE MAINTAINED AND DUTIES CARRIED OUT TO FACILITATE THE USE OF A COMPUTER SYSTEM OR RELATED EQUIPMENT.

Be it enacted by the General Assembly of the State of South Carolina:

Clerks of court may maintain records on computer

SECTION 1. The 1976 Code is amended by adding:

"Section 14-17-595. Notwithstanding the provisions of this article or any other provision of law, a public record required to be kept by a clerk of court including, but not limited to, a book, journal, index, paper, writing, written record, and written findings may be maintained in a computer system provided that a paper or microfilm record must be maintained on all permanently valuable records."

Use of computer may not be prohibited

SECTION 2. Section 14-23-1100 of the 1976 Code is amended by adding at the end:

"Nothing in this section may be construed to preclude use of a computer system or related equipment by a clerk of court in performance of the duties prescribed in this section."

Documents may be maintained on computers

SECTION 3. Section 14-23-1130 of the 1976 Code, as last amended by Act 157 of 1987, is further amended to read:

"Section 14-23-1130. The governing body of each county shall provide and the judge of probate shall keep the seal of the probate court, the necessary office equipment of the probate court, and those books as are necessary for keeping the records of the probate court and for reference to these records, including index books, appropriately labeled, referring to the records of the probate court pertaining to:

1. wills;

2. intestate estates;

3. estates of minors and incompetents;

4. bonds;

5. inventories and appraisements;

6. returns or accountings;

7. liens;

8. admissions and commitments to facilities for the care and treatment of mentally ill, mentally retarded, alcoholics, and drug addicts;

9. marriage licenses and marriages;

10. decrees;

11. general or miscellaneous matters.

In addition, the governing body of each county shall provide office space and additional support personnel necessary for the orderly conduct of the business of the probate court.

If the probate court maintains the original of a document in the master file of a matter and a copy of that document on microfilm, a computer system, or on another similar system, it is not necessary for the probate court to maintain a second separate record with copies of those types of documents, provided a general index or an index for those types of documents is maintained."

Time effective

SECTION 4. This act takes effect upon approval by the Governor.

Approved the 25th day of May, 1994.