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Missouri State Laws on Optical Images


State Archivist and Records Manager:

Missouri State Archives

600 W. Main St., P.O. Box 1747,  Jefferson City,  MO 65101

573-751-3280 fax: 573-526-7333


Missouri Revised Statutes

Chapter 109 Public and Business Records Section 109.120 January 1, 1996 [redbar]

Records reproduced by photostatic process--cost--marginal releasesprohibited.

109.120. 1. The head of any business, industry, profession, occupation or

calling, or the head of any state, county or municipal department,

commission, bureau or board may cause any and all records kept by such

official, department, commission, bureau, board or business to be

photographed, microphotographed, photostated or transferred to other

material using photographic, video, or electronic processes and the judges

and justices of the several courts of record within this state may cause

all closed case files more than five years old to be photographed,

microphotographed, photostated, or transferred to other material using

photographic, video, or electronic processes. Such reproducing material

shall be of durable material and the device used to reproduce the records

shall be such as to accurately reproduce and perpetuate the original

records in all details.

3. When any recorder of deeds in this state is required or authorized by

law to record, copy, file, recopy, replace or index any document, plat, map

or written instrument, he may do so by photostatic, photographic,

microphotographic, microfilm, or similar mechanical process which produces

a clear, accurate and permanent copy of the original. The reproductions so

made may be used as permanent records of the original. When microfilm or a

similar reproduction is used as a permanent record by recorder of deeds,

duplicate reproductions of all recorded documents, indexes and files

required by law to be kept by him shall be made and one copy of each

document shall be stored in a fireproof vault and the other copy shall be

readily available in his office together with suitable equipment for

viewing the filmed record by projection to a size not smaller than the

original and for reproducing copies of the recorded or filmed documents for

any person entitled thereto. In all cases where instruments are recorded

under the provisions of this section by microfilm, any release, assignment

or other instrument affecting a previously recorded instrument by microfilm

may not be made by marginal entry but shall be filed and recorded as a

separate instrument and shall be in a separate book, cross-indexed to the

document which it affects.

(L. 1945 p. 1427 1, 3, A. 1949 H.B. 2048, A.L. 1963 p. 157,

A.L. 1986 S.B. 732)

109.130. Such reproduction of the original records shall be deemed to be an

original record for all purposes provided that the reproduction is equal inresolution to microfilm produced under those standards set forth insubsection 4 of section 109.241, and shall be admissible in evidence in all

courts or administrative agencies. A facsimile, exemplification or

certified copy thereof shall, for all purposes recited in sections 109.120

to 109.140, be deemed to be a transcript, exemplification or certified copy

of the original.

Records defined (first class counties).

109.500. "Records", as used in sections 109.500 and 109.510, means

documents, books, papers, photographs, maps, sound recordings, or other

material, regardless of physical form or characteristics, made or received

pursuant to law or in connection with the transaction of official business.

Library museum material made or acquired and preserved solely for reference

or exhibition purposes, extra copies of documents preserved only for

convenience of reference, and stocks of publications and of processed

documents are not included within the definition of records as used in

sections 109.500 and 109.510, and are hereinafter designated as "nonrecord"

materials; and any record designated or treated as a record under state


(L. 1969 H.B. 161 1)

Data processing may be used for all records (first class counties).

109.510. Other provisions of law notwithstanding, automation dataprocessing equipment and procedures may be utilized for all records

required by law of county officials, including circuit clerks, in counties

of the first class.

(L. 1969 H.B. 161 2)



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