As Amended
SEC. 19-15-3. Reproduction of certain county records; destruction of originals.
[With respect to those counties which have exempted themselves from the provisions of Section 25-60-1, this section shall read as follows:] Whenever any county records, documents, files or papers whatsoever which 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 such county shall have the power and authority, in its discretion, to destroy or dispose of any such records, documents, files or papers after having reproductions made thereof as hereinafter provided.
Whenever the board of supervisors of any such county shall desire to destroy or dispose of any such records, documents, files or papers such board shall first cause the same to be electronically stored using microfilm, microfiche, data processing, computers, magnetic tape, optical discs, or other medium. If the county wherein such records and the like are to be destroyed or disposed of does not have or own the necessary equipment to reproduce same, the said 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. Said contract shall be awarded to the lowest and best bidder after said 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 such reproduction of such records and the like shall have been made the said board of supervisors shall have the power and authority to destroy and dispose of the originals thereof and such reproductions shall thereafter be preserved, retained and stored by said board of supervisors as a permanent record of such county, and provision shall be made for preserving, examining and using the same. Any such 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 such records and the like and in making provision for the preservation, retention and storage of such reproductions from the general fund of such 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 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 in a lesser period than six (6) years, such may be disposed of as authorized by the statute pertaining thereto.
[With respect to those counties which have not exempted themselves from the provisions of Section 25-60-1, this section shall read as follows:] 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 such county shall have the power and authority, in its discretion, to destroy or dispose of any such records, documents, files or papers 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 such county shall desire to destroy or dispose of any such records, documents, files or papers such 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 wherein such 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 such reproduction of such 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; and such reproductions shall thereafter be preserved, retained and stored by the board of supervisors as a record of such county, and provision shall be made for preserving, examining and using the same. Any such 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 such records and the like and in making provision for the preservation, retention and storage of such reproductions from the general fund of such 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.
SOURCES: Codes, 1942, Sec. 2900.5; Laws, 1950, ch. 240, Secs. 1-6; 1994, ch. 521, Sec. 32, eff from and after passage (approved March 25, 1994) Laws, 1996, ch. 537, Sec. 9, eff from and after July 1, 1996