House Bill 1058

AN ACT TO AMEND SECTIONS 37-15-3, 37-15-4 AND 37-15-8, MISSISSIPPI CODE OF 1972, TO REVISE THE TIME PERIOD BY WHICH SCHOOL DISTRICTS ARE AUTHORIZED TO MAINTAIN CERTAIN RECORDS FROM FIVE YEARS TO SEVEN YEARS; TO PROVIDE THAT SUCH RECORDS MAY BE STORED IN A DIGITALLY ELECTRONIC FORMAT; TO BRING FORWARD SECTION 37-15-2, MISSISSIPPI CODE OF 1972, FOR THE PURPOSE OF POSSIBLE AMENDMENT; TO AMEND SECTIONS 9-5-171, 19-15-3, 21-15-37 AND 25-60-3, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT COUNTY AND MUNICIPAL GOVERNING AUTHORITIES AND SUBDIVISIONS THEREOF SHALL BE REQUIRED TO MAINTAIN ALL RECORDS OR DOCUMENTATION PRODUCED BY SUCH ENTITIES TO BE MAINTAINED FOR A MINIMUM OF SEVEN YEARS; TO PROVIDE THAT SUCH RECORDS MAY BE STORED IN A DIGITALLY ELECTRONIC FORMAT; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 37-15-3, Mississippi Code of 1972, is amended as follows:

37-15-3. Such cumulative folders as are provided for in Section 37-15-1 shall be kept in the school wherein the pupils are in attendance. Both the permanent records and the cumulative folders shall be available to school officials, including teachers within the school district who have been determined by the school district to have legitimate educational interests. In no case, however, shall such records be available to the general public. Transcripts of courses and grades may be furnished when requested by the parent or guardian or eligible pupil as prescribed in the Family Educational Rights and Privacy Act of 1974, as amended, 20 USCS Section 1232g. Such records shall be kept for each pupil throughout his entire public school enrollment period. In the event a pupil transfers to a public school, including a charter school, then the cumulative folder shall be furnished to the head of the school to which the pupil transfers; if a pupil transfers to a private school, then a copy of the cumulative folder shall be furnished to the head of the school to which the pupil transfers. The permanent record shall be kept permanently by the school district from which the pupil transferred.

At no time may a permanent record of a student be destroyed, but cumulative folders may be destroyed by order of the school board of the school district in not less than * * *~~five (5)~~ seven (7) years after the permanent record of the pupil has become inactive and has been transferred to the central depository of the district. * * *~~Provided,~~ However, * * *~~that~~ where a school district makes complete copies of inactive permanent records on photographic film, microfilm, digital electronic format, or any other acceptable form of medium for storage which may be reproduced as needed, such permanent records may be destroyed after the photographic film or microfilm copy or digital electronic format has been stored in the central depository of the district.

SECTION 2. Section 37-15-4, Mississippi Code of 1972, is amended as follows:

37-15-4. The school board of every school district, as created and empowered by law, shall keep and preserve permanently a copy of all district-wide reports required by the State Board of Education to be filed on an annual basis.

Copies of those district-wide reports required by the State Board of Education on less than an annual basis may be destroyed after * * *~~five (5)~~ seven (7) years upon approval of the school board of the school district.

All supporting documents necessary to compile such district-wide reports, except as delineated in Section 37-15-8 may be destroyed after * * *~~three (3)~~ five (5) years following the academic year for which the report was made upon approval of the school board of the school district.

SECTION 3. Section 37-15-8, Mississippi Code of 1972, is amended as follows:

37-15-8. The superintendent of the school district shall have the authority, with the approval of the school board of the school district spread upon its minutes, to dispose of the following records:

(a) After * * *~~five (5)~~ seven (7) years:

(1) Bank statements;

(2) Cancelled warrants and pay certificates;

(3) School board paid bills;

(4) Bids received, either accepted or rejected, for supplies, materials, equipment and construction;

(5) Depository receipt warrants;

(6) School board claims dockets, where claims are recorded on the minutes of the board;

(7) Original of school board's orders after such orders have been recorded in the minute book;

(8) Cancelled bonds and coupons;

(9) Tax collector's reports of tax collection to superintendent of schools;

(10) Transportation records.

(b) After * * *~~three (3)~~ five (5) years:

(1) Teacher contracts, computed from the expiration date thereof;

(2) Bus purchase documents;

(3) Teachers' registers, principals' reports and other evidence necessary to prepare the reports to the State Board of Education.

(c) After period to be set by the State Board of Education such other documents of a temporary or transitory nature as the State Board of Education by regulation shall designate.

Notwithstanding any of the provisions of Sections 37-15-1 through 37-15-4, 37-15-8 and 37-15-10 to the contrary, no records which are in the process of being audited by the State Department of Audit, or which are the basis of litigation, shall be destroyed until at least twelve (12) months after final completion of said audits and litigation.

SECTION 4. Section 37-15-2, Mississippi Code of 1972, is brought forward as follows:

37-15-2. The permanent record provided for in Section 37-15-1 shall be kept, while it is active, in the attendance center office in a fire resistant container.

The permanent record shall be considered active: (a) if the student is enrolled in the school; or (b) if he has withdrawn or has been expelled and the students of the class of which he was a member shall not have reached the time of graduation.

At the point of the student's graduation or at the time when the student would normally have graduated had he not withdrawn or been expelled from school, the student's permanent record shall become a part of the permanent binder in the central fire resistant depository or stored digitally as designated and provided by the school board of the school district, or, as an alternative method, the records may be maintained in fire resistant storage at the school last attended by the student. The permanent binding and preservation of the inactive records shall be the duty of the superintendent of the school district who shall maintain a central depository of the records.

SECTION 5. Section 9-5-171, Mississippi Code of 1972, is amended as follows:

9-5-171. (1) The chancery clerk of each of the counties of the State of Mississippi, with the approval of the board of supervisors of such county, after an inventory has been made and checked by the board and an order spread on its minutes listing the reference, is authorized to dispose of records pursuant to a records control schedule approved by the Local Government Records Committee as provided in Section 25-60-1.

(2) No records which are in the process of being audited by the State Department of Audit or which are the basis of litigation shall be destroyed until at least * * *~~twelve (12) months~~ seven (7) years after final completion of the audits and litigation.

(3) Records may be filed and retained by electronic means as provided in Sections 9-1-51 through 9-1-57, whether the record is to be destroyed or not; provided, however, that destruction of records shall be carried out in accordance with Sections 25-59-21 and 25-59-27, and shall not occur for a period of less than seven (7) years from the date of which the record was originally created. For purposes of this section, "record" means any handwritten or electronically created documents, notes, receipts, bills, or similar items produced by any elected or appointed official, agent, employee or representative thereof in the regular scope and performance of his or her official job duties, and shall include all public records as defined in Section 25-61-3.

SECTION 6. Section 19-15-3, Mississippi Code of 1972, is amended as follows:

19-15-3. Whenever any county records, documents, files or papers whatsoever are required by law to be preserved and retained, or which are necessary or desirable to be preserved or retained, the board of supervisors of the county shall have the power and authority, in its discretion, to destroy or dispose of any records, documents, files or papers after a period not less than seven (7) years from the date of which the record was originally created, and after having reproductions made thereof as hereinafter provided and in accordance with a records control schedule approved by the Local Government Records Committee as provided in Section 25-60-1.

Whenever the board of supervisors of any county shall desire to destroy or dispose of any records, documents, files or papers, the board shall first cause the same to be reproduced under standards established by the Department of Archives and History using microfilm, microfiche, data processing, computers, magnetic tape, optical discs or other medium. If the county where records and the like are to be destroyed or disposed of does not have or own the necessary equipment to reproduce same, the board of supervisors shall be authorized and empowered to enter into a contract for the reproduction thereof, which contract may be for a period of not more than twelve (12) months from the date thereof. The contract shall be awarded to the lowest and best bidder after the board of supervisors shall have advertised its intentions of awarding such contract by publication of a notice thereof once each week for at least three (3) consecutive weeks in some newspaper published or having a general circulation in such county.

After reproduction of the records and the like shall have been made, the board of supervisors shall have the power and authority to destroy and dispose of the originals thereof after spreading upon its minutes certification that the reproductions are true and correct copies and disposal is in accordance with a records control schedule approved by the Local Government Records Committee as provided in Section 25-60-1; the reproductions shall thereafter be preserved, retained and stored by the board of supervisors as a record of the county, and provision shall be made for preserving, examining and using them. Any reproductions or copy of any original record or other documents shall be deemed to be the original record for all purposes and shall be admissible as evidence in all courts or administrative agencies. A facsimile, exemplification or certified copy thereof shall, for all purposes set forth herein, be deemed to be a transcript, exemplification or certified copy of the original record.

The board of supervisors of any county is hereby authorized to pay all expenses incurred in reproducing records and the like and in making provision for the preservation, retention and storage of the reproductions from the general fund of the county.

When any of the records and the like of which reproductions are made under the provisions of this section are declared by law or are by their nature confidential and privileged records, then the reproduction thereof shall likewise be deemed to be confidential and privileged to the same extent as the original records and the like.

Nothing herein shall be construed to require the keeping and preservation of any records and documents which are not required by law or a records control schedule to be kept and preserved, or which it is not desirable or necessary to keep and preserve, and in all cases where records and the like are authorized by law to be destroyed or disposed of, they may be disposed of as authorized by a records control schedule approved by the Local Government Records Committee as provided in Section 25-60-1, provided that such schedule does not require the disposal or destruction of any document less than seven (7) years from the date of its original creation. For purposes of this section, "record" means any handwritten or electronically created documents, notes, receipts, bills, or similar item produced by any elected or appointed official, agent, employee or representative thereof in the regular scope and performance of his or her official job duties, and shall include all public records as defined in Section 25-61-3.

SECTION 7. Section 21-15-37, Mississippi Code of 1972, is amended as follows:

21-15-37. (1) The governing authority of a municipality shall have the power and authority, in its discretion, to destroy or dispose of any records, documents, files or papers which are required by law to be preserved and retained, or which are necessary or desirable to be preserved or retained after a period not less than seven (7) years from the date of which the record was originally created, and after having reproductions made thereof under standards established by the Department of Archives and History and in accordance with a records control schedule approved by the Local Government Records Committee as provided in Section 25-60-1.

(2) Any reproductions or copy of any original record or other documents shall be deemed to be the original record for all purposes and shall be admissible as evidence in all courts or administrative agencies. A facsimile, exemplification or certified copy thereof shall, for all purposes set forth herein, be deemed to be a transcript, exemplification or certified copy of the original record.

(3) The governing authority of any municipality is hereby authorized to pay all expenses incurred in reproducing such records or other documents and in making provision for the preservation, retention and storage of such reproductions from the general support fund of such municipality.

(4) When any of the records or documents of which reproductions are made under the provisions of this section, are declared by law, or are by their nature, confidential and privileged records, then the reproduction thereof shall likewise be deemed to be confidential and privileged to the same extent as the original records or documents.

(5) Nothing herein shall be construed to require the keeping and preservation of any records and documents which are not required by law to be kept and preserved, or which it is not desirable or necessary to keep and preserve, and such records and documents may be destroyed or disposed of in accordance with a records control schedule approved by the Local Government Records Committee as provided in Section 25-60-1, provided that such schedule does not require the disposal or destruction of any document less than seven (7) years from the date of its original creation. For purposes of this section, "record" means any handwritten or electronically created documents, notes, receipts, bills, or similar item produced by any elected or appointed official, agent, employee or representative thereof in the regular scope and performance of his or her official job duties, and shall include all public records as defined in Section 25-61-3.

SECTION 8. Section 25-60-3, Mississippi Code of 1972, is amended as follows:

25-60-3. Counties and municipalities are hereby authorized to establish regional records centers for the storage, preservation and use of permanently valuable county and municipal records and of inactive county and municipal records which are required to be retained for a prescribed period of time of not less than seven (7) years from the date of their original creation, but which are not needed to be kept in the creating office, and shall be preserved in electronic format before the prescribed period of time of preservation expires. Such regional records centers may be jointly established and maintained pursuant to agreements executed under the Interlocal Cooperation Act of 1974. Any center established under this section must either be certified by the Department of Archives and History as provided for historical or archival groups or public libraries in Section 25-59-25(2), or be administered by the Department of Archives and History pursuant to a contract between the department and the local government which established the center. For purposes of this section, "record" means any handwritten or electronically created documents, notes, receipts, bills, or similar item produced by any elected or appointed official, agent, employee or representative thereof in the regular scope and performance of his or her official job duties, and shall include all public records as defined in Section 25-61-3.

SECTION 9. This act shall take effect and be in force from and after July 1, 2023.