MISSISSIPPI LEGISLATURE

2000 Regular Session

To: County Affairs

By: Representative Perkins

AN ACT TO AMEND SECTION 19-15-1, MISSISSIPPI CODE OF 1972, TO PROVIDE FOR THE SAFEKEEPING AND PRESERVATION OF RECORDS IN CHANCERY AND CIRCUIT CLERK OFFICES; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 19-15-1, Mississippi Code of 1972, is amended as follows:

19-15-1. The Legislature declares that records containing information essential to the operation of government and to the protection of the rights and interests of persons should be protected against the destructive effect of all forms of disaster whether fire, flood, storm, earthquake, explosion or other disaster, and whether such occurrence is caused by an act of nature or man, including an enemy of the United States. It is, therefore, necessary to adopt special provisions for the preservation of essential records of counties, and this section shall be liberally construed to effect its purposes. However, it is the express intention of this section that the provisions herein contained are not mandatory but are permissive only and shall authorize preservation of records as herein contemplated within the discretion of the governing authorities of the counties of the state.

The board of supervisors of any county is hereby authorized and empowered in its discretion to preserve essential records or any portion thereof, of such county, deemed by the board of supervisors to be an essential record necessary to the operation of government in an emergency created by disaster or containing information necessary to protect the rights and interests of persons or to establish and affirm the powers and duties of governments in the resumption of operations after the destruction or damage of the original records.

The board of supervisors of any such county is authorized and empowered in its discretion to make and enter into contracts and agreements with any person, firm or corporation to make and prepare such copies or duplicates of records, and to provide for and enter into contracts concerning the safekeeping and preservation of such copies or duplicates at points of storage at a location within the state other than the legally designated or customary location and depository of the original of such records.

In the event that the original record or records shall have been destroyed, any such copy or reproduction shall be deemed to be an original record for all purposes and shall be treated as an original record in all courts or administrative agencies for the purpose of its admissibility in evidence. An enlargement or facsimile of such reproduction is likewise admissible in evidence if the original reproduction is in existence and available for inspection under direction of court.

The board of supervisors of any such county is authorized and empowered, in its discretion, to appropriate and expend monies out of the available funds of such county for the purposes of this section.

19-15-1. The Legislature declares that records containing information essential to the operation of government and to the protection of the rights and interests of persons should be protected against the destructive effect of all forms of disaster whether fire, flood, storm, earthquake, explosion or other disaster, and whether such occurrence is caused by an act of nature or man, including an enemy of the United States. It is, therefore, necessary to adopt special provisions for the preservation of essential records of counties, and this section shall be liberally construed to effect its purposes. However, it is the express intention of this section that the provisions herein contained are not mandatory but are permissive only and shall authorize preservation of records as herein contemplated within the discretion of the governing authorities of the counties of the state and in accordance with a records control schedule approved by the Local Government Records Committee as provided in Section 25-60-1.

The board of supervisors of any county is hereby authorized and empowered in its discretion to preserve essential records or any portion thereof, of such county, deemed by the board of supervisors to be an essential record necessary to the operation of government in an emergency created by disaster or containing information necessary to protect the rights and interests of persons or to establish and affirm the powers and duties of governments in the resumption of operations after the destruction or damage of the original records.

The board of supervisors of any such county is authorized and empowered in its discretion to make and enter into contracts and agreements with any person, firm or corporation to make and prepare such copies or duplicates of records, and, subject to the standards established by the Department of Archives and History, to provide for and enter into contracts concerning the safekeeping and preservation of such copies or duplicates at points of storage at a location approved by the Local Government Records Committee. This shall include the chancery clerk's office and the circuit clerk's office and the records in such office.

In the event that the original record or records shall have been destroyed, any such copy or reproduction shall be deemed to be an original record for all purposes and shall be treated as an original record in all courts or administrative agencies for the purpose of its admissibility in evidence. An enlargement or facsimile of such reproduction is likewise admissible in evidence if the original reproduction is in existence and available for inspection under direction of court.

The board of supervisors of any such county is authorized and empowered, in its discretion, to appropriate and expend monies out of the available funds of such county for the purposes of this section.

SECTION 2. This act shall take effect and be in force from and after July 1, 2000.