[Authorization for photographing and microfilming public records.]

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Any public officer of the state may cause any or all records, papers or documents kept by him to be photographed, microfilmed, microphotographed or reproduced on film. Such photographic film and the device used to reproduce such records on such film shall be one which accurately reproduces the original thereof in all details.

History: 1941 Comp., § 13-407, enacted by Laws 1947, ch. 185, § 2; 1953 Comp., § 71-4-7.

ANNOTATIONS

Bracketed material. — The bracketed material was inserted by the compiler and is not part of the law.

Cross references. — For provision that recording "book" includes microfilm, see 14-8-3 NMSA 1978.

When public record may be destroyed. — A public record may not be destroyed until its reproduction in film has been approved, copies of such reproduction have been made and filed and unless the original has been a public record for at least five years or has been audited by the state comptroller's (now state auditor's) office. 1947 Op. Att'y Gen. No. 47-5092.

Section controlled by 14-3-15 NMSA 1978. — Although this section permits county officials to microfilm the records maintained by them, 14-3-15 NMSA 1978 is the more specific statute and is controlling. 1979 Op. Att'y Gen. No. 79-26.

Newspapers maintained by county clerks may be microfilmed, so long as the microfilm is accessible to the public. 1979 Op. Att'y Gen. No. 79-16.

Authority of penitentiary warden to microfilm records, etc. — Since the penitentiary warden is an appointed public officer, he can microfilm all records, papers and documents and destroy the original records after obtaining approval, after he has made two reproductions of all original records, papers or documents, keeping one copy where the original record was kept and the other copy being sent to the secretary of state for his archives. No original records, papers or documents are to be destroyed, after copies have been made, until such records, papers or documents have been a public record for five years, or until the records have been audited by the office of the state comptroller (now state auditor). 1955 Op. Att'y Gen. No. 55-6113.


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