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The 189th General Court of the Commonwealth of Massachusetts

Section 17: Municipality in which records to be kept; penalty

[ Text of section effective until January 1, 2017. For text effective January 1, 2017, see below.]

  Section 17. Except as otherwise provided by law, all public records shall be kept in the custody of the person having the custody of similar records in the county, city or town to which they originally belonged, and if not in his custody shall be demanded by him of the person having possession thereof, and shall forthwith be delivered by such person to him. Whoever refuses or neglects to perform any duty required of him by this section shall be punished by a fine of not more than twenty dollars.

Chapter 66: Section 17. Municipality in which records to be kept; contracts for records storage; penalty

[ Text of section as amended by 2016, 121, Sec. 13 effective January 1, 2017. See 2016, 121, Sec. 22. For text effective until January 1, 2017, see above.]

  Section 17. Except as otherwise provided by law, all public records shall be kept in the custody of the person having the custody of similar records in the county or municipality to which the records originally belonged; provided, however, that the custodian of public records may enter into a contract for the storage of records containing public record information, but no contract for the storage of public records shall be entered into if the contract prevents or unduly restricts a records access officer or custodian of records from providing or storing the records in accordance with this chapter. Records not directly in the custodian's possession shall be considered in the custody of the custodian if subject to a contract for the storage of public records that is permitted by this section. If the custodian does not have custody of public records, the custodian shall demand delivery from any person unlawfully having possession of the records, and the records shall immediately be delivered by such person to the custodian. A person who refuses or neglects to perform any duty required by this section shall be punished by fine of not more than $20.