Download this document in MS Word 97 format

NO. 5. AN ACT RELATING TO ELECTRONIC COPIES OF PUBLIC RECORDS.

(H.117)

It is hereby enacted by the General Assembly of the State of Vermont:

Sec. 1. 22 V.S.A. § 451 is added to read:

§ 451. DEFINITIONS

For purposes of this chapter:

(1) "Disposal" of public records includes transferal of records to the custody of the secretary of state for archival purposes.

(2) "Electronic capture" means reproduction of records by electronic, optical or digital imaging; transmittal of records by computer via Intranet or Internet; and downloading of records onto diskettes, CD-ROMs, optical disks, tapes, or servers for the purpose of storing or archiving such records.

(3) "Electronic media" means computer files, CD-ROMs, diskettes, tapes and other media capable of storing electronic, optical, magnetic or machine-readable data.

Sec. 2. 22 V.S.A. § 453 is amended to read:

§ 453. DUTIES OF COMMISSIONER OF BUILDINGS AND GENERAL SERVICES

(a) In addition to the duties otherwise assigned to him or her by law the commissioner of general services and chief of administration may:

* * * [Text Not Reproduced] * * *

(10) Adopt rules as may be necessary for the effectual preservation of all public records in this state, subject to the approval of the governor, including but not limited to the microfilming or electronic capture of all public records;

* * * [Text Not Reproduced] * * *

(12) Administer a central microfilm and electronic capture program for public records, including land records in the possession of town or county officers. Public records which are preserved on microfilm or electronically captured shall be taken and received in all courts, public offices, and official bodies as prima facie evidence.

(b) The commissioner shall accept for filing copies of land records submitted in microfilm, electronic media or similar compressed form by town or county clerks.

Sec. 3. 22 V.S.A. § 454 is amended to read:

§ 454. DISPOSITION OF PUBLIC RECORDS

* * * [Text Not Reproduced] * * *

(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.

*[(d) For the purpose of this chapter, "disposal" of public records includes transferal of records to the custody of the secretary of state, for archival purposes.]*

Approved: April 21, 1999