MISSISSIPPI LEGISLATURE

1998 Regular Session

To: Judiciary

By: Senator(s) Turner

Senate Bill 3129

(COMMITTEE SUBSTITUTE)

AN ACT TO AMEND SECTION 9-21-51, MISSISSIPPI CODE OF 1972, TO REQUIRE DEVELOPMENT OF A COMPREHENSIVE STATEWIDE SYSTEM OF ELECTRONIC FILING AND STORAGE OF COURT AND COURT-RELATED DOCUMENTS AND CERTAIN NON-COURT DOCUMENTS IN COURTS; TO CLARIFY THE ESTABLISHMENT OF AN INTERAGENCY COMMITTEE FOR CONSULTATION PURPOSES; AND FOR RELATED PURPOSES. 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. Section 9-21-51, Mississippi Code of 1972, is amended as follows:

9-21-51. (1) The Supreme Court through the Administrative Office of Courts shall conduct a study to determine the progress of the implementation of Chapter 458, Laws of 1994 and Chapter 521, Laws of 1994. In conducting such study, the Administrative Office of Courts shall examine the various court systems and county offices in the state as defined in Section 9-1-51 to determine the types of computer software and hardware being used by courts and county offices which have elected to store records electronically. The Administrative Office of Courts, after consultation with designees of the Mississippi Association of Supervisors, the Mississippi Circuit Clerks' Association, the Mississippi Association of Chancery Clerks, the Mississippi Municipal Association, The Mississippi Bar, the Department of Archives and History and such other interested entities as the Administrative Office of Courts may identify, shall promulgate standards, rules and regulations for computer and/or electronic filing and storage of all court records and court-related records maintained throughout the state in courts and in county offices. The standards, rules and regulations required by this subsection shall be completed by the Administrative Office of Courts and adopted by the Supreme Court on or before July 1, 1998.

(2) Concurrently with the study mandated in subsection (1) of this section, the Administrative Office of Courts shall convene and consult with an Interagency Committee composed of designees of the Mississippi Association of Supervisors, the Mississippi Circuit Clerks' Association, the Mississippi Association of Chancery Clerks, the Assessors/Collectors Association, the Mississippi Municipal Association, the Mississippi State Tax Commission, The Mississippi Bar, the Department of Archives and History and such other interested entities as the Administrative Office of Courts may identify for the purpose of jointly considering and jointly proposing to the Legislature recommendations relating to the electronic filing and storage of all non-court records maintained throughout the state in county offices as defined in Section 9-1-51. The Administrative Office of Courts shall report to the Legislature not later than November 15, 1998, a summary report of the types of computer software and hardware being used by courts and county offices which have elected to store records electronically, the rules promulgated pursuant to subsection (1) of this section, as well as the recommendations of the group as to the standards, rules and regulations for computer and/or electronic filing and storage of all non-court records maintained throughout the state in county offices.

The Administrative Office of Courts shall convene and consult with the Interagency Committee periodically as necessary, but in any event no less than semiannually, to review all standards, rules and regulations promulgated under this section relating to the electronic filing and storage of documents in courts and county offices.

(3) All courts and county offices electing to store court records and court-related records electronically shall comply with the standards, rules and regulations promulgated by the Administrative Office of Courts and adopted by the Mississippi Supreme Court. Any courts or county offices which currently store court records and court-related records electronically or which elect to store such records electronically before January 1, 1999, must bring such systems into compliance with the standards, rules and regulations no later than January 1, 2000.

The Administrative Office of Courts shall assist any court or county office currently storing court records or court-related records electronically or electing to store such records before July 1, 1999, in order to assure compliance with the standards, rules and regulations to be promulgated.

(4) The Supreme Court through the Administrative Office of Courts shall design an electronic data interchange system to accommodate and facilitate implementation of the standards, rules and regulations promulgated pursuant to subsection (1) above. The system may be designed to accommodate and facilitate implementation of the standards, rules and regulations recommended by the Interagency Committee pursuant to subsection (2) above. In designing such system, the Administrative Office of Courts shall develop a comprehensive and consistent computer software system for voluntary use by all courts which have elected to store records electronically or which hereafter elect to store such records electronically. The Supreme Court may adopt such other standards, rules and regulations related to the filing and storage of court and non-court records as may be required to accommodate and facilitate the electronic filing, storage, retrieval and use of same. The system and design of the related computer software, upon completion, shall be freely available to all courts electing to file and store records electronically.

(5) No later than January 1, 1999, the Administrative Office of Courts shall report to the Legislature on (a) the progress made in implementation of this section; (b) the then-current estimate of costs for computer hardware anticipated to be necessary for deployment and implementation of the system statewide and in all courts; and (c) a cost-benefit analysis of the anticipated acquisition, deployment and implementation of the system and related hardware and software.

(6) The Supreme Court through the Administrative Office of Courts is authorized to contract with qualified professional consultants having experience in the development of electronic data interchange computer software applications, for the purpose of designing the system required herein and otherwise assisting the Administrative Office of courts in carrying out the provisions of this section.

(7) The Administrative Office of Courts and any consultants it designates are hereby authorized to enter into agreements with other state agencies, public libraries and school districts, community colleges and institutions of higher learning for coordination and use of existing telecommunications facilities and resources, including communications backbones and points of presence, during development and implementation of the system required herein and for related functions.

SECTION 2. This act shall take effect and be in force from and after its passage.