GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION LAW 2001-115
AN ACT RELATING TO the Admissibility, PHOTOGRAPHIC REPRODUCTION, and retention OF RECORDS OF THE EMPLOYMENT SECURITY COMMISSION.
The General Assembly of North Carolina enacts:
SECTION 1. G.S. 8-45.3 reads as rewritten:
"§
8-45.3. Photographic reproduction of records of Department of Revenue.
Revenue and Employment Security Commission.
(a) The State Department of Revenue is hereby specifically authorized to have photographed, photocopied, or microphotocopied all records of the Department, including tax returns required by law to be made to the Department, and said photographs, photocopies, or microphotocopies, when certified by the Department as true and correct photographs, photocopies, or microphotocopies, shall be as admissible in evidence in all actions, proceedings and matters as the originals thereof would have been.
(a1) The Employment Security Commission is hereby specifically authorized to have photographed, photocopied, or microphotocopied all records of the Commission, including filings required by law to be made to the Commission, and said photographs, photocopies, or microphotocopies, when certified by the Commission as true and correct photographs, photocopies, or microphotocopies, shall be as admissible in evidence in all actions, proceedings, and matters as the originals thereof would have been.
(b) The provisions of
subsection (a) of this section shall apply to records stored on any form of
permanent, computer-readable media, such as a CD-ROM, if the medium is not
subject to erasure or alteration. Nonerasable, computer-readable storage media
shall not be used for preservation duplicates, as defined in G.S. 132-8.2, or
for the preservation of permanently valuable records as provided in G.S. 121-5(d),
except to the extent expressly approved by the Department of Cultural Resources
pursuant to standards and conditions established by the Department."
SECTION 2. G.S. 132-3 is amended by adding a new subsection to read:
"(c) Employment Security Commission Records. - Notwithstanding subsection (a) of this section and G.S. 121-5, when a record of the Employment Security Commission has been copied in any manner, the original record may be destroyed upon the order of the Chairman of the Employment Security Commission. If a record of the Commission has not been copied, the original record shall be preserved for at least three years. After three years the original record may be destroyed upon the order of the Chairman of the Employment Security Commission."
SECTION 3. Section 1 of this act becomes effective December 1, 2001, and applies to all actions and proceedings pending in the courts of this State on or after that date. The remainder of this act is effective when it becomes law.
In the General Assembly read three times and ratified this the 15th day of May, 2001.
s/ Beverly E. Perdue
President of the Senate
s/ James B. Black
Speaker of the House of Representatives
s/ Michael F. Easley
Governor
Approved 1:47 p.m. this 24th day of May, 2001