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2005 Vermont Code - § 454. — Disposition of public records

§ 454. Disposition of public records

(a) A custodian of public records shall not destroy, give away, sell, discard or damage any record or records in his or her charge, unless specifically so authorized by law, without having first submitted to the commissioner of buildings and general services a list thereof, with accurate description.

(b) Within sixty days after receipt of the list and description, with an application for permission to destroy, cancel or dispose of the records, the commissioner of buildings and general services with the prior advice of the public records advisory board shall order the preservation, destruction, cancellation, or disposal thereof, in whole or in part, which order shall be duly recorded by the custodian, and shall be binding on him or her and his or her successors.

(c) Before approving a request for the destruction of any public record, the commissioner of buildings and general services, or the custodian of the record if the commissioner approves, may make photographic or electronically captured copies of it and copies so made shall have the same force and effect for all purposes as the original record. statutes concerning the retention of original materials shall be considered satisfied and no violation incurred when public records are officially microfilmed or electronically captured and stored and the original material destroyed pursuant to sections 453 and 457 of this title. (Added 1959, No. 328 (Adj. Sess.), § 12; amended 1977, No. 32, § 2; 1979, No. 56, § 4; 1989, No. 186 (Adj. Sess.), § 2; 1995, No. 148 (Adj. Sess.), § 4(a), eff. May 6, 1996; 1999, No. 5, § 3.)

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