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Arkansas State Laws on Optical Images

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State Archivist and Records Manager:

Arkansas History Commission

One Capitol Mall, Little Rock AR 72201

501-682-6900

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CHAPTER 46

DOCUMENTARY EVIDENCE GENERALLY

SUBCHAPTER. 1. GENERAL PROVISIONS.

3. HOSPITAL RECORDS ACT.


SUBCHAPTER 1 -- GENERAL PROVISIONS


sECTION. SECTION.

16-46-101. Recordation of certain certi- 16-46-106. Access to medical records.

fied copies -- Photo- 16-46-107. Identification of medical bills

graphic copies of business at trial.

and public records.


16-46-101. Recordation of certain certified copies -- Photo-

graphic copies of business and public records.


(a)(1) The clerk of any court of record may record any certified copy

of any instrument by attaching the certified copy to his record book so

as to make the copy be and become a part of the record to the extent

that the copy cannot be detached, and the copy shall be legally recorded

when the attachment has been made by the clerk. This subdivision

shall apply to plats, blueprints, and photostatic copies only.

(2) The county recorders, clerks of courts of record, and any public

officer whose duty it is to make public records are authorized to use

and employ an approved system of photographic recording when pro-

vided with equipment necessary for such method of recording.

(b)(1) If any business, institution, member of a profession or calling,

or any department or agency of government, in the regular course of

business or activity has kept or recorded any memorandum, writing,

entry, print, representation, or combination thereof, of any act, trans-

action, occurrence, or event, and in the regular course of business has

caused any or all of the same to be recorded, copied, or reproduced by

any photographic, photostatic, microfilm, microcard, miniature photo-

graphic, optical disk, or other process which accurately reproduces or

forms a durable medium for so reproducing the original, the original

may be destroyed in the regular course of business unless its preserva-

tion is required by law.

(2) The reproduction, when satisfactorily identified, is as admissible

in evidence as the original itself in any judicial or administrative pro-

ceeding whether the original is in existence or not.

(3) An enlargement or facsimile of the reproduction is likewise ad-

missible in evidence if the original reproduction is in existence and

available for inspection under direction of the court.

(4) The introduction of a reproduced record, enlargement, or facsim-

ile does not preclude admission of the original.



VOLUME 14

TITLE 16: PRACTICE, PROCEDURE,

AND COURTS

(CHAPTERS 1-54)



CHAPTER 46


DOCUMENTARY EVIDENCE GENERALLY


SUBCHAPTER.

1. GENERAL PROVISIONS.

2. PUBLIC RECORDS AS EVIDENCE GENERALLY.

3. HOSPITAL RECORDS ACT.



SUBCHAPTER 1 -- GENERAL PROVISIONS


SECTION.

16-46-101. Recordation of certain certi-

fied copies -- Photo-

graphic copies of business

and public records.

16-46-102. Writing filed with pleading

read as genuine unless de-

nied.

16-46-103. Surveys.


SECTION.

16-46-104. Investigations of attendance

at places of public amuse-

ment.

16-46-105. Records of, and testimony be-

fore, committees review-

ing and evaluating quality

of medical or hospital care.


Effective Dates. Acts 1953, No. 64,

2: Feb. 13, 1953. Emergency clause pro-

vided: "It has been found that great diffi-

culty and confusion exists in the applica-

tion of rules of evidence respecting public

and business records and that enactment

of this law will greatly alleviate this situ-

ation and provide for more efficient ad-

ministration of justice. Therefore, an

emergency is hereby declared to exist and

this Act being necessary for the immedi-

ate preservation of the public peace,

health and safety, shall be in full force

and effect from and after its passage and

approval."

Acts 1957, No. 294, 5: Mar. 27, 1957.

Emergency clause provided: "Because the

alleged results of blind checking are be-

ing used by those engaged in contracting

film and other forms of amusement and

entertainment upon a percentage rental

basis to intimidate exhibitors to settle

rental claims for an amount in excess of

the amount shown by the books of said

exhibitors in order to avoid threats of liti-

gation and the resulting adverse public-

ity, and this Act being necessary for the


preservation of the public peace, health,

and safety, an emergency is hereby de-

clared to exist, and this Act shall be in

full force and effect from and after its pas-

sage and approval."

Acts 1977, No. 445, 6: became law

without Governor's signature, Mar. 16,

1977. Emergency clause provided: '"it is

hereby found and declared by the General

Assembly of the State of Arkansas that in

order to insure candor, objectivity and the

presentation of all pertinent information

sought by committees reviewing the qual-

ity of medical and hospital care and thus

contribute to the effective functioning of

committees striving to determine and im-

prove such care, an absolute privilege of

confidentiality should be afforded to data

elicited during the course of such inqui-

ries and that the privilege of confidential-

ity should be provided for as soon as possi-

ble. Therefore, an emergency is hereby

declared to exist, and this Act, being nec-

essary for the immediate preservation of

the public peace, health and safety, shall

be in effect from the date of its passage

and approval."


16-46-101. Recordation of certain certified copies--Photo.

graphic copies of business and public records.


(a)(1) The clerk of any court of record may record any certified copy

of any instrument by attaching the certified copy to his record book so

as to make the copy be and become a part of the record to the extent

that the copy cannot be detached, and the copy shall be legally recorded

when the attachment has been made by the clerk. This subdivision

shall apply to plats, blueprints, and photostatic copies only.

(2) The county recorders, clerks of courts of record, and any public

officer whose duty it is to make public records are authorized to use

and employ an approved system of photographic recording when pro-

vided with equipment necessary for such method of recording.

(b)(1) If any business, institution, member of a profession or calling,

or any department or agency of government, in the regular course of

business or activity has kept or recorded any memorandum, writing,

entry, print, representation, or combination thereof, of any act, trans-

action, occurrence, or event, and in the regular course of business has

caused any or all of the same to be recorded, copied, or reproduced by

any photographic, photostatic, microfilm, microcard, miniature photo-

graphic, or other process which accurately reproduces or forms a dura-

ble medium for so reproducing the original, the original may be de-

stroyed in the regular course of business unless its preservation is

required by law.

(2) The reproduction, when satisfactorily identified, is as admissible

in evidence as the original itself in any judicial or administrative pro-

ceeding whether the original is in existence or not.

(3) An enlargement or facsimile of the reproduction is likewise ad-

missible in evidence if the original reproduction is in existence and

available for inspection under direction of the court.

(4) The introduction of a reproduced record, enlargement, or facsim-

ile does not preclude admission of the original.



ACT 454


AN ACT to Amend Arkansas Code 16-46-101 to

Authorize County Recorders, Court Clerks, and

Other Public Officers to Destroy Original Doc-

uments Once Recorded by Photographic, Pho-

tostatic, Microfilm, Microcard, Optical Disc or

Other Process Which Accurately Forms a

Durable Medium for Reproducing the Original;

and for Other Purposes.


Subtitle


TO AUTHORIZE County Recorders, Court Clerks,

and Other Public Officers to Destroy Original

Documents Once Recorded by a Process Which

Forms a Durable Medium for Reproducing the

Original.


Be It Enacted by the General Assembly of the State

of Arkansas:


SECTION 1. Arkansas Code 16-46-101(a)(2)

is amended to read as follows:


"(2) The county recorders, clerks of courts of

record, and any public officer whose duty it is to

make public records are authorized to use and

employ an approved system of photographic record-

ing, photostatic recording, microfilm, microcard,

miniature photographic recording, optical disc, or

other process which accurately reproduces or forms

a durable medium for reproducing the original

when provided with equipment necessary for such

method of recording. When any document is

recorded by the means prescribed by this subdivi-

sion, the original may be destroyed unless its



preservation is required by law."


SECTION 2. All provisions of this act of a

general and permanent nature are amendatory to

the Arkansas Code of 1987 Annotated and the

Arkansas Code Revision Commission shall incor-

porate the same in the Code.


SECTION 3. If any provision of this act or the

application thereof to any person or circumstance is

held invalid, such invalidity shall not affect other

provisions or applications of the act which can be

given effect without the invalid provision or appli-

cation, and to this end the provisions of this act

are declared to be severable.


SECTION 4. All laws and parts of laws in con-

flict with this act are hereby repealed.


APPROVED: February 27, 1995.


ACT 566


AN ACT to Amend Arkansas Code 16-46-101 to

Authorize Record Keeping Using Electronic



Imaging; and for Other Purposes.

Subtitle


TO AUTHORIZE Record Keeping Using Electronic

Imaging


Be It Enacted by the General Assembly of the State

of Arkansas:


SECTION 1. Arkansas Code 16-46-101 is

amended to read as follows:


"16-46-101. Recordation of certain certified

copies - Photographic copies of business and public

records.


(a)(1) The clerk of any court of record may

record any certified copy of any instrument by

attaching the certified copy to his record book so as

to make the copy be and become a part of the record

to the extent that the copy cannot be detached, and

the copy shall be legally recorded when the attach-

ment has been made by the clerk. This subdivision

shall apply to plats, blueprints, and photostatic

copies only.


(2) The county recorders, clerks of courts

of record, and any public officer whose duty it is to

make public records are authorized to use and

employ an approved system of photographic record-

ing when provided with equipment necessary for

such method of recording.


(b)(1) If any business, institution, member of a

profession or calling, or any department or agency

of government, in the regular course of business or



activity has kept or recorded any memorandum,

writing, entry, print, representation, or combina-

tion thereof, of any act, transaction, occurrence, or

event, and in the regular course of business has

caused any or all of the same to be recorded, copied,

or reproduced by any photographic, photostatic,

microfilm, microcard, miniature photographic, opti-

cal disk, electronic imaging, or other process which

accurately reproduces or forms a durable medium

for so reproducing the original, the original may

be destroyed in the regular course of business

unless its preservation is required by law.


(2) The reproduction, when satisfactorily

identified, is as admissible in evidence as the orig-

inal itself in any judicial or administrative pro-

ceeding whether the original is in existence or not.


(3) An enlargement or facsimile of the

reproduction is likewise admissible in evidence if

the original reproduction is in existence and avail-

able for inspection under direction of the court.


(4) The introduction of a reproduced record,

enlargement, or facsimile does not preclude admis-

sion of the original."


SECTION 2. All provisions of this act of a

general and permanent nature are amendatory to

the Arkansas Code of 1987 Annotated and the

Arkansas Code Revision Commission shall incor-

porate the same in the Code.


SECTION 3. If any provision of this act or the

application thereof to any person or circumstance is

held invalid, such invalidity shall not affect other


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provisions or applications of the act which can be

given effect without the invalid provision or appli-

cation, and to this end the provisions of this act

are declared to be severable.

SECTION 4. All laws and parts of laws in con-

flict with this act are hereby repealed.

APPROVED: March 9, 1995.

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