§ 10-7-406 — Original records photographed in duplicate before destruction - Stored for safekeeping - Accessible to public

(a) (1) When the county public records commission, with the consent and concurrence of the officers and bodies, if any, as prescribed in § 10-7-404 , decides to destroy the originals of any records required by law to be permanently kept, the commission shall cause the records to be photographed, microphotographed, filmed or microfilmed in duplicate. This duplication process shall result in permanent records of a quality at least as good as is prescribed by the minimum standards of quality for permanent photographic records made and established by the bureau of standards of the United States government. If a marginal release or other information on an old record has failed or has been obliterated to a degree that it is impossible to photograph, the same may be verified on the margin by the register before microfilming. One (1) copy of such reproduction shall be stored for safekeeping in a place selected by the commission and concurred in by the county legislative body. (2) Such place shall be in the state if proper facilities are available, but, if not, then in a place outside the state. (3) Such location shall be selected with a view of protection of the records from fire and all other hazards. The other copy of each document shall be kept in an office in the county accessible to the public and to the several county officers and the county clerks, together with the proper equipment for using, examining, exhibiting, projecting and enlarging the same wherever required and requested by the public during reasonable office hours. The records of each office may be kept in that office, or, if the commission so determines, all the reproduced records may be kept in one (1) central records office. (b) Any public record defined as "temporary record" and/or "working papers" as defined in § 10-7-301 may be destroyed in accordance with the rules and regulations adopted by the commission without retaining the originals of such records. (c) The purpose and intent of this chapter is to provide for the original recording of any and all instruments by photograph, photostat, film, microfilm or other microphotographic process. If any laws or part of laws as set forth in this chapter are in conflict with such purpose, such laws or part of laws to that extent are hereby repealed.

Legislative History

Acts 1959, ch. 253, § 5; 1963, ch. 203, § 1; 1971, ch. 154, § 1; 1977, ch. 486, § 2; impl. am. Acts 1978, ch. 934, §§ 7, 22, 36; T.C.A., § 15-506; Acts 1991, ch. 369, § 3; 1999, ch. 167, § 4.