Bill Text: MS HB195 | 2010 | Regular Session | Engrossed
Bill Title: Chancery clerks; authorize to exclude certain identifying and confidential information from public records.
Sponsorship: Partisan Bill (Democrat 1)
Status: (Failed) 2010-03-02 - Died In Committee [HB195 Detail]
Download: Mississippi-2010-HB195-Engrossed.html
MISSISSIPPI LEGISLATURE
2010 Regular Session
To: Judiciary A
By: Representative Moak (By Request)
House Bill 195
(As Passed the House)
AN ACT TO AMEND SECTIONS 9-5-137 AND 9-5-141, MISSISSIPPI CODE OF 1972, TO AUTHORIZE CHANCERY CLERKS TO EXCLUDE CERTAIN PERSONAL IDENTIFYING INFORMATION FROM PUBLIC RECORDS; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 9-5-137, Mississippi Code of 1972, is amended as follows:
9-5-137. It shall be the duty of the clerk to preserve and keep all records, files, papers and proceedings belonging to his office, and to record all last wills and testaments which may be probated; all letters testamentary, of administration, and guardianship; all accounts allowed; all inventories, appraisements, and reports duly returned; all instruments which are duly proved, and which by law are required to be recorded in his office, in well-bound books to be kept for that purpose, each class in a separate book or books, or by means of electronic filing or storage or both in addition to or in lieu of any such physical records as provided in Sections 9-1-51 through 9-1-57, as the clerk may elect; all records shall be properly indexed. He shall issue all process which may be required of him by law or by order of the court, or the chancellor in vacation; and shall discharge all other duties which may be required of him by law, or which properly appertain to the duties of his office. The clerk shall be under the direction of the court in termtime, and of the chancellor in vacation. The clerk is authorized to exclude an individual's social security number from any bank or financial institution from any public records filed in any records under the custody of the chancery clerk from and after July 1, 2010.
SECTION 2. Section 9-5-141, Mississippi Code of 1972, is amended as follows:
9-5-141. The clerk or his deputy may at any time receive and file all bills, petitions, motions, accounts, inventories, reports, or other papers offered for that purpose, and may issue all process authorized by law and proper in any matter or proceeding. He may also at any time, in termtime or vacation, perform the following functions; issue warrants of appraisement to appraise the personal estate of decedents; allow and register claims against estates being administered in the court of which he is clerk; make all orders and issue all process necessary for the collection and preservation of estates of decedents, minors, and persons of unsound mind; appoint some person to collect and preserve the estate of any decedent in the state in any case provided for; grant letters of administration to the husband or wife, or other person entitled thereto; take the proof of wills, admit wills to probate, in common form, grant letters testamentary, letters of administration with the will annexed, and de bonis non; appoint guardians for minors, persons of unsound mind, and convicts of felony; grant letters of administration; institute suits in cases provided for, and, whenever an appeal shall be taken from the grant of letters testamentary, of administration, or guardianship, appoint some fit person to discharge the duties pending the appeal. He may do all such other acts as are provided by law and by the Mississippi Rules of Civil Procedure. The clerk is authorized to exclude certain personal information from records as provided in Section 9-5-137.
SECTION 3. This act shall take effect and be in force from and after July 1, 2010.
