Amends TCA Section 10-7-404.

Generally under present law, the county public records commission has the right to authorize the destruction of any and all public records, which are required by law to be retained, when such records have been photocopied, photostated, filmed, microfilmed, or preserved by microphotographic process. However, present law provides that a county public records commission, a court clerk, a county or municipal official or any other person may not destroy or authorize the destruction of any original process in a civil action or criminal proceeding. This bill removes the above-described prohibition on destroying original process in a civil action or criminal proceeding and instead provides that, in addition to the present law process for photographing original records in duplicate before destroying them, a county public records commission may authorize the destruction or transfer of the original paper version of permanent records solely in accordance with the procedures in present law provisions described below, as amended by this bill. Present law provides that the county public records commission may, upon the request of any office or department head of county government having custody of public records, including court records, authorize the destruction or transfer of original public records that have been reproduced onto computer or removable computer storage media, in any appropriate electronic medium in accordance with present law. Present law requires the secretary of state to promulgate regulations regarding the approved technology, standards and procedures for reproducing public records under this provision, which must be followed by county officers, department heads and the county public records commission. This bill removes the provision for the secretary of state promulgating regulations for the destruction of documents in the above-described circumstances and instead provides that an original paper version of a record required by law to be permanently retained must not be destroyed once reproduced without a majority vote of the county public records commission. ON APRIL 14, 2021, THE SENATE ADOPTED AMENDMENT #1 AND PASSED SENATE BILL 832, AS AMENDED. AMENDMENT #1 adds that, if the county public records commission authorizes the destruction of the original paper version of permanent records pursuant to this bill, the original records must not be destroyed: (1) For one year, if the record is created after the date that this bill becomes a law and before July 1, 2022; and (2) For six months, if the record is created on or after July 1, 2022, and before July 1, 2023.