HB0392Enacted

Amends TCA Title 10, Chapter 7; Title 18, Chapter 1; Section 18-6-109 and Section 32-2-102.

Present law requires a county clerk to file and retain marriage licenses, marriage license returns, and original wills in the clerk's office.<br /> <br /> This bill authorizes a county clerk to store marriage licenses, marriage license returns, and original wills in a facility that stores local government records securely against theft and natural disasters. This bill requires the following for a clerk to store an original will outside of the clerk's office:<br /> <br /> (1) That three years have elapsed since final settlement of the estate or final disposition of all actions involving the will;<br /> (2) That the judge of the respective court and the county public records commission approve of the facility that stores the will; and<br /> (3) That the clerk of the court keeps a record of each will that is transferred to an outside facility, which must include the name of the testator, the transfer date, and the location to which the will was transferred.<br /> <br />

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Overview

Present law requires a county clerk to file and retain marriage licenses, marriage license returns, and original wills in the clerk's office.<br /> <br /> This bill authorizes a county clerk to store marriage licenses, marriage license returns, and original wills in a facility that stores local government records securely against theft and natural disasters. This bill requires the following for a clerk to store an original will outside of the clerk's office:<br /> <br /> (1) That three years have elapsed since final settlement of the estate or final disposition of all actions involving the will;<br /> (2) That the judge of the respective court and the county public records commission approve of the facility that stores the will; and<br /> (3) That the clerk of the court keeps a record of each will that is transferred to an outside facility, which must include the name of the testator, the transfer date, and the location to which the will was transferred.<br /> <br />

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Sponsor

Garrett, Johnny

Details
Session

111th General Assembly

Introduced

January 31, 2019

Last Action

April 9, 2019

Comp. became Pub. Ch. 79

Subjects
Public RecordsWillsMarriage

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