Connecticut State Laws on Optical Images
State Archivist and Records Manager:
Eunice DiBella, Public Records Administrator
Connecticut State Library
231 Capitol Ave., Hartford CT 06106
203-566-5088 fax: 203-566-2133
Mark Jones, State Archivist
LeAnn Jones, Supervisor of Records Service
State Records Center
West St., Rocky Hill, CT 06067
203-529-8684 fax: firstname.lastname@example.org
[OUR NOTE] We see nothing in the Connecticut laws that allow for an optical image instead of a photographic copy. In section 1-19a is a loose reference that some records are stored on electronic media but no direct permission to put page images on optical media. This means that all original records must be kept.
+ Sec. 1-7. Recording by photographic process.
+ Sec. 1-8. "Recorded" defined.
+ Sec. 1-9. Alkaline paper for permanent records.
+ Sec. 1-13. Making of reproductions.
+ Sec. 1-14. "Certified copy" defined.
+ Sec. 1-16. Photographic reproduction of documents.
+ Sec. 1-17. Reproductions to serve purposes of originals.
+ Sec. 1-18. Disposition of original documents.
+ Sec. 1-18a. Definitions.
+ Sec. 1-19a. Disclosure of computer-stored public records.
PUBLIC RECORDS AND MEETINGS. FREEDOM OF INFORMATION
Sec. 1-8. "Recorded" defined.
When books, records, papers or documents are required to be recorded by
law, the word "recorded" shall be construed to include, and such recording
may be made by, photographic reproduction, including proper fixation, of
such books, records, papers or documents, on such sensitized paper or
cellulose acetate photographic film, and with the reproduced image in such
ratio in size to the original object photographed, as may be approved by
the public records administrator.
See Sec. 11-8(b) re appointment of public records administrator.
Conn. freedom of information act, Secs. 1-71-21k, cited. 206 C. 449, 452.
Sec. 1-9. Alkaline paper for permanent records.
No person having custody of any permanent record or register in any
department or office of the state, or of any political subdivision thereof,
or of any probate district, shall use or permit to be used for recording
purposes any paper other than alkaline paper that meets or exceeds the
American National Standards Institute standards for permanent paper and
meets such additional specifications as may be issued by the public records
administrator, unless such paper is not available. Said administrator shall
furnish to each person having custody of any such permanent record a list
of such papers. Any person who violates any provision of this section shall
be fined not more than one hundred dollars.
Sec. 1-13. Making of reproductions.
Any original books, records, papers or documents may be delivered by any
recording agency to any department of the state, or to any political
subdivision of the state, for the purpose of having such reproductions
made, and, upon such reproduction, such original books, records, papers or
documents shall be returned promptly to such delivering agency. Whenever
provision is made by statute for the return of any original books, records,
papers or documents to any person, such return shall be delayed until after
the delivery back to such recording agency of the reproduced image or
images properly fixed. Any reproduced image or images may be released for
fixation to any processor approved by the public records administrator.
Sec. 1-14. "Certified copy" defined.
Evidence. When the term "certified copy" is used in any statute relating to
any recording agency, such term shall be construed to include a certified
photographic reproduction of the reproduced image or images of such books,
records, papers or documents, in such ratio in size to the original object
photographed as may be approved by the public records administrator. Any
such photographic record or any such certified copy may be admitted in
evidence with the same effect as the original thereof, and shall be prima
facie evidence of the facts set forth therein.
Sec. 1-16. Photographic reproduction of documents.
Any officer of the state or any political subdivision thereof, any judge of
probate and any person, corporation or association required to keep
records, papers or documents may cause any or all such records, papers or
documents to be photographed, microphotographed or reproduced on film. Such
photographic film shall conform to standards specified in section 1-8, and
the device used to reproduce such records on such film shall be one which
accurately reproduces the original thereof in all details.
(1949 Rev., S. 8887; 1963, P.A. 152, S. 1.)
Sec. 1-17. Reproductions to serve purposes of originals.
Such photographs, microphotographs or photographic film shall for all
purposes be considered the same as the original records, papers or
documents. A transcript, exemplification or certified copy thereof shall
for all purposes be deemed to be a transcript, exemplification or certified
copy of the original.
Sec. 1-18. Disposition of original documents.
The original records, papers or documents so reproduced may be disposed of
in such manner as may meet the approval of the head of the political
subdivision in charge thereof, or the probate court administrator in the
case of probate records, with the approval of the public records
administrator. All other original records, papers or documents so
reproduced may be disposed of at the option of the keeper thereof.
(1949 Rev., S. 8889; 1955, S. 3357d; 1963, P.A. 152, S. 2; P.A. 76-18;
Sec. 1-18a. Definitions.
As used in this chapter, the following words and phrases shall have the
following meanings, except where such terms are used in a context which
clearly indicates the contrary: (a) "Public agency" or "agency" means any
executive, administrative or legislative office of the state or any
political subdivision of the state and any state or town agency, any
department, institution, bureau, board, commission, authority or official
of the state or of any city, town, borough, municipal corporation, school
district, regional district or other district or other political
subdivision of the state, including any committee of, or created by, any
such office, subdivision, agency, department, institution, bureau, board,
commission, authority or official, and also includes any judicial office,
official or body or committee thereof but only in respect to its or their
administrative functions. (b) "Meeting" means any hearing or other
proceeding of a public agency, any convening or assembly of a quorum of a
multimember public agency, and any communication by or to a quorum of a
multimember public agency, whether in person or by means of electronicequipment, to discuss or act upon a matter over which the public agency has
supervision, control, jurisdiction or advisory power. "Meeting" shall not
include: Any meeting of a personnel search committee for executive level
employment candidates; any chance meeting, or a social meeting neither
planned nor intended for the purpose of discussing matters relating to
official business; strategy or negotiations with respect to collective
bargaining; a caucus of members of a single political party notwithstanding
that such members also constitute a quorum of a public agency; an
administrative or staff meeting of a single-member public agency; and
communication limited to notice of meetings of any public agency or the
agendas thereof. "Caucus" means a convening or assembly of the enrolled
members of a single political party who are members of a public agency
within the state or a political subdivision. (c) "Person" means natural
person, partnership, corporation, association or society. (d) "Public
records or files" means any recorded data or information relating to the
conduct of the public's business prepared, owned, used, received or
retained by a public agency, whether such data or information be
handwritten, typed, tape-recorded, printed, photostated, photographed or
recorded by any other method. (e) "Executive sessions" means a meeting of a
public agency at which the public is excluded for one or more of the
following purposes: (1) Discussion concerning the appointment, employment,
performance, evaluation, health or dismissal of a public officer or
employee, provided that such individual may require that discussion be held
at an open meeting; (2) strategy and negotiations with respect to pending
claims or pending litigation to which the public agency or a member
thereof, because of his conduct as a member of such agency, is a party
until such litigation or claim has been finally adjudicated or otherwise
settled; (3) matters concerning security strategy or the deployment of
security personnel, or devices affecting public security; (4) discussion of
the selection of a site or the lease, sale or purchase of real estate by a
political subdivision of the state when publicity regarding such site,
lease, sale, purchase or construction would cause a likelihood of increased
price until such time as all of the property has been acquired or all
proceedings or transactions concerning same have been terminated or
abandoned; and (5) discussion of any matter which would result in the
disclosure of public records or the information contained therein described
in subsection (b) of section 1-19. (f) "Personnel search committee" means a
body appointed by a public agency, whose sole purpose is to recommend to
the appointing agency a candidate or candidates for an executive-level
employment position. Members of a "personnel search committee" shall not be
considered in determining whether there is a quorum of the appointing or
any other public agency. (g) "Pending claim" means a written notice to an
agency which sets forth a demand for legal relief or which asserts a legal
right stating the intention to institute an action in an appropriate forum
if such relief or right is not granted. (h) "Pending litigation" means (1)
a written notice to an agency which sets forth a demand for legal relief or
which asserts a legal right stating the intention to institute an action
before a court if such relief or right is not granted by the agency; (2)
the service of a complaint against an agency returnable to a court which
seeks to enforce or implement legal relief or a legal right; or (3) the
agency's consideration of action to enforce or implement legal relief or a
legal right. (i) A quorum of the members of a public agency who are present
at any event which has been noticed and conducted as a meeting of another
public agency under the provisions of this chapter shall not be deemed to
be holding a meeting of the public agency of which they are a member as a
result of their presence at such event.
(P.A. 75-342, S. 1; P.A. 77-421; 77-609, S. 1, 8; P.A. 83-67, S. 1; 83-372;
P.A. 84-546, S. 3, 173; P.A. 87-568, S. 1, 2; P.A. 90-307, S. 2, 5; P.A.
91-140, S. 1, 3; P.A. 93-195, S. 1.)
Sec. 1-19a. Disclosure of computer-stored public records.
Contracts. Acquisition of system, equipment, software to store or retrieve
nonexempt public records. (a) Any public agency which maintains public
records in a computer storage system shall provide, to any person making a
request pursuant to this chapter, a copy of any nonexempt data contained in
such records, properly identified, on paper, disk, tape or any other
electronic storage device or medium requested by the person, if the agency
can reasonably make such copy or have such copy made. Except as otherwise
provided by state statute, the cost for providing a copy of such data shall
be in accordance with the provisions of section 1-15. (b) Except as
otherwise provided by state statute, no public agency shall enter into a
contract with, or otherwise obligate itself to, any person if such contract
or obligation impairs the right of the public under this chapter to inspect
or copy the agency's nonexempt public records existing on-line in, or
stored on a device or medium used in connection with, a computer system
owned, leased or otherwise used by the agency in the course of its
governmental functions. (c) On and after July 1, 1992, before any public
agency acquires any computer system, equipment or software to store or
retrieve nonexempt public records, it shall consider whether such proposed
system, equipment or software adequately provides for the rights of the
public under this chapter at the least cost possible to the agency and to
persons entitled to access to nonexempt public records under this chapter.
In meeting its obligations under this subsection, each state public agency
shall consult with the Office of Information and Technology as part of the
agency's design analysis prior to acquiring any such computer system,
equipment or software. The Office of Information and Technology shall adopt
written guidelines to assist municipal agencies in carrying out the
purposes of this subsection. Nothing in this subsection shall require an
agency to consult with said office prior to acquiring a system, equipment
or software or modifying software, if such acquisition or modification is
consistent with a design analysis for which such agency has previously
consulted with said office. The Office of Information and Technology shall
consult with the Freedom of Information Commission on matters relating to
access to and disclosure of public records for the purposes of this
subsection. The provisions of this subsection shall not apply to software
modifications which would not affect the rights of the public under this
Sec. 33-602. Definitions.
As used in sections 33-600 to 33-998, inclusive:
(28) "Transmitted by electronic means" means any process of
communication not involving principally the physical transfer of paper that
the secretary of the state has prescribed as suitable for retention,
retrieval and reproduction by the secretary of the state of the product of
that process of communication.
Sec. 33-603. Notice.
(a) Notice under sections 33-600 to 33-998, inclusive, shall be in writing
unless oral notice is reasonable under the circumstances. Notice
transmitted or received electronically is in writing and is written notice
if it is accomplished in a manner that is suitable for retention, retrieval
and reproduction of the notice by the recipient. (b) Notice may be
communicated in person, by telephone, telegraph, teletype or other form of
wire or wireless communication, or by mail or private carrier. If these
forms of personal notice are impracticable, notice may be communicated by a
newspaper of general circulation in the area where published or by radio,
television or other form of public broadcast communication.
Sec. 33-610. Effective time and date of document.
(a) Except as provided in subsection (b) of this section and subsection (c)
of section 33-611, a document, other than the articles of incorporation of
a domestic incorporation or a certificate of authority of a foreign
corporation, accepted for filing is effective: (1) At a time of filing on
the date it is filed, as evidenced by the secretary of the state's date and
time endorsement on the original document or, when the document is
transmitted by electronic means, as evidenced by electronic means
prescribed by the secretary of the state for the purpose of recording
electronically the date and time of filing; or (2) at the time specified in
the document as its effective time on the date it is filed. (b) A document
may specify a delayed effective time and date, and if it does so the
document becomes effective at the time and date specified. If a delayed
effective date but no time is specified, the document is effective at the
close of business on that date.
Sec. 33-623. Regulations regarding electronic filing.
The secretary of the state may adopt regulations in accordance with the
provisions of chapter 54 governing the filing and delivery of documents
under sections 33-600 to 33-998, inclusive, by electronic means, including
facsimile and computer transmission.
(P.A. 94-186, S. 15, 215.)
History: P.A. 94-186 effective January 1, 1997.
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