H*3935(Rat #0472, Act #0412)  General Bill, By R.S. Corning
 A Bill 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.-amended title

   04/13/93  House  Introduced and read first time HJ-17
   04/13/93  House  Referred to Committee on Judiciary HJ-18
   02/02/94  House  Committee report: Favorable with amendment
                     Judiciary HJ-5
   02/03/94  House  Amended HJ-31
   02/03/94  House  Read second time HJ-31
   02/08/94  House  Read third time and sent to Senate HJ-17
   02/09/94  Senate Introduced and read first time SJ-17
   02/09/94  Senate Referred to Committee on Judiciary SJ-17
   03/30/94  Senate Committee report: Favorable with amendment
                     Judiciary SJ-22
   03/31/94  Senate Amended SJ-312
   03/31/94  Senate Read second time SJ-312
   03/31/94  Senate Ordered to third reading with notice of
                     amendments SJ-312
   04/05/94  Senate Read third time and returned to House with
                     amendments SJ-10
   05/10/94  House  Tabled HJ-95
   05/10/94  House  Motion noted- reconsider vote whereby tabled HJ-100
   05/11/94  House   Reconsider vote whereby tabled HJ-81
   05/11/94  House  Concurred in Senate amendment and enrolled HJ-90
   05/19/94         Ratified R 472
   05/25/94         Signed By Governor
   06/08/94         Effective date 05/25/94
   06/08/94         Copies available

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.