
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:
- 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)
- 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)
- 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)
- 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)
- Public records must be delivered to the successor
in
office. (Section 30-1-40 and 50)
- 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)
- 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)
- The Department of Archives and History is
directed to (Section 30-1-80):
- Establish and develop standards, procedures,
techniques, and schedules for the management of public records.
- Make surveys of government record creation and use
and make recommendations for improvements in current records
management practices.
- Conduct an information and training program in all
phases of information and records management.
- 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)
- The Department of Archives and History may
examine all public records, including those otherwise restricted. (Section 30-1-90A and
C)
- 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)
- 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)
- 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)
- 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)
- 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)
- The DAH may act to preserve and protect permanently
valuable public records. (Section 30-1-120A)
- Records may be removed from offices for
microfilming. (Section 30-1-120B)
- 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)
- 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