South Carolina Department of Archives and History

Introduction to the
South Carolina Public Records Act


INTRODUCTION

On 11 June 1990, Governor Carroll A. Campbell, Jr., signed into law major amendments to South Carolina's Public Records Act (PRA). This is the first significant amendment of the PRA since it took effect in 1973. On 3 January 1995, Governor Campbell signed into law an additional amendment to increase the penalty for unlawful removing, defacing, or destroying a public record. The original act provided for "the application of efficient and economical management methods" in "the creation, utilization, maintenance, retention, preservation and disposal of public records" by state and local government. Since 1973, the great increase in records created by the state and its political subdivisions, the dramatic changes in information technology and processes, and the even more pressing need to protect and preserve significant public records required changes throughout the original act.

The provisions of the South Carolina Public Records Act are of special importance to state and local government administrators and records officers. For those individuals, some highlights of the amended PRA are listed below and are keyed to the full text of the act, which follows:

  1. The definition of public records is now in conformity with the Freedom of Information Act (30-4-20c) to include "all books, papers, maps, photographs, cards, tapes, recordings, or other documentary materials regardless of physical form or characteristics prepared, owned, used, in the possession of, or retained by a public body." (Section 30-1-10A)
  2. All agencies, boards and commissions, authorities, and other bodies of the state and its political subdivisions supported in whole or in part by public funds are covered by the PRA. (Section 30-1-10B)
  3. The chief administrative officer of an agency or subdivision is the "legal custodian" of public records. He may appoint a records officer to act on his behalf. (Section 30-1-20)
  4. Unlawful removing, defacing, or destroying a public record constitutes a misdemeanor offense with a fine of not less than five hundred dollars nor more than five thousand dollars or imprisonment for not more than thirty days. Magistrates and municipal courts have jurisdiction to try violations (Section 30- 1-30)
  5. Public records must be delivered to the successor in office. (Section 30-1-40 and 50)
  6. The legal custodian of public records must protect them against deterioration, mutilation, theft, loss or destruction, and make them available for easy use. (Section 30-1-70)
  7. The Director of the Department of Archives and History (DAH) may order the removal of records from facilities which do not meet Department regulations for record storage. (Section 30-1-70)
  8. The Department of Archives and History is directed to (Section 30-1-80):
  9. The head of each agency and the governing body of each subdivision and all legal custodians of public records must cooperate with the Department of Archives and History and establish and maintain an active continuing program of records management. (Section 30-1-80)
  10. The Department of Archives and History may examine all public records, including those otherwise restricted. (Section 30-1-90A and C)
  11. Agencies and subdivisions must assist the DAH in conducting an inclusive records inventory and developing schedules mandating the retention of each series of records. (Section 30-1-90A)
  12. No records of long term or enduring value, including those generated by and stored in electronic information systems or on magnetic, optical, film, or other media may be destroyed or erased without an approved retention schedule. (Section 30-1-90D)
  13. All records disposed of in accordance with an authorized retention schedule and/or after copying must be destroyed in conformance with DAH procedures. (Sections 30-1-90D; 30-1-130)
  14. The DAH has the authority to determine the medium in which archival records must be maintained or transferred to the Department, including those in electronic or optical disc systems. (Section 30-1-100A)
  15. Provided that authorized retention schedule procedures are followed, the legal custodian of public records is free from any liability for his action in the destruction of public records. (Section 30-1-100E)
  16. The DAH may act to preserve and protect permanently valuable public records. (Section 30-1-120A)
  17. Records may be removed from offices for microfilming. (Section 30-1-120B)
  18. Public records may be reproduced, provided such copies accurately reproduce the original. All records deemed archival by the DAH which are microfilmed must have a master copy produced according to DAH standards, and deposited with the Department. (Section 30-1-130)
  19. Refusal or willful neglect of the PRA's provisions constitutes a misdemeanor offense with a fine of not less than two hundred dollars nor more than five thousand dollars. (Section 30-1-140)

Full Text of Public Records Act

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