South Carolina General Assembly
115th Session, 2003-2004

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Bill 3410

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(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

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COMMITTEE REPORT

May 21, 2003

H. 3410

Introduced by Rep. Harvin

S. Printed 5/21/03--S.

Read the first time March 19, 2003.

            

THE COMMITTEE ON JUDICIARY

To whom was referred a Bill (H. 3410) to amend the Code of Laws of South Carolina, 1976, by amending Section 30-1-90, relating to the South Carolina Department of Archives and History assisting in, etc., respectfully

REPORT:

That they have duly and carefully considered the same and recommend that the same do pass:

JOHN DAVID HAWKINS for Committee.

            

STATEMENT OF ESTIMATED FISCAL IMPACT

ESTIMATED FISCAL IMPACT ON GENERAL FUND EXPENDITURES:

$0 (No additional expenditures or savings are expected)

ESTIMATED FISCAL IMPACT ON FEDERAL & OTHER FUND EXPENDITURES IS:

$0 (No additional expenditures or savings are expected)

EXPLANATION OF IMPACT:

Department of Archives and History

The department has indicated this bill would not have any impact on the department, the General Fund of the State, or on federal and/or other funds.

Budget and Control Board

A review of this bill by the board indicates there will be no impact on the General Fund of the State or on federal and/or other funds.

Approved By:

Don Addy

Office of State Budget

A BILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY AMENDING SECTION 30-1-90, RELATING TO THE SOUTH CAROLINA DEPARTMENT OF ARCHIVES AND HISTORY ASSISTING IN CREATING, FILING, AND PRESERVING RECORDS, SO AS TO ELIMINATE THE BUDGET AND CONTROL BOARD FROM THE RECORDS RETENTION SCHEDULE APPROVAL PROCESS AND ELIMINATE THE REQUIREMENT THAT THE GENERAL SCHEDULES BE DEVELOPED AS STATE REGULATIONS.

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

SECTION    1.    Section 30-1-90(A) and (B) of the 1976 Code is amended to read:

"(A)    The Archives may examine the condition of public records and give advice and assistance to public officials in the solutions of their problems in creating, filing, preserving, and making available the public records in their custody. When requested by the Archives, agencies and subdivisions must assist the Archives in preparing an inclusive inventory of records in their custody and establishing records schedules mandating a time period for the retention of each series of records. These schedules must be approved by the governing body of each subdivision or the executive officer of each agency or body having custody of the records, and by the Director of the Archives, and in the case of state or regional agencies, the State Budget and Control Board.

(B)    In addition, general schedules for records series common to agencies and subdivisions may be issued by the Archives as regulations promulgated under the provisions of the Administrative Procedures Act, and these regulations must contain provisions allowing agencies or. Agencies and subdivisions must be allowed to opt out of the these general schedules and proceed under pursuant to the provisions of subsection (A) in the establishment of a specific records schedule schedules."

SECTION    2.    This act takes effect upon approval by the Governor.

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