New Jersey State Laws on Optical Images
State Archivist and Records Manager:
Karl J. Niederer, Director
Div. of Archives & Records Mgmt.
2300 Stuyvesant Ave., CN-307, Trenton NJ 08625
609-530-3200 fax: 609-530-6121
New Jersey Permanent Statutes
TITLE 18A EDUCATION
18A:74-4.1. Optical scanner to convert printed materials into synthetic speech; availability for blind and visually impaired
The Commissioner of Education after consultation with the Commission for the Blind and Visually Impaired shall purchase and provide to designated area libraries or other public facilities accessible to the blind or visually impaired that may be appropriate an optical scanner, which converts printed materials into synthetic speech for the benefit of the blind and visually impaired. The commissioner shall provide for the training of personnel in the proper use of these devices.
L.1981, c. 225, s. 1, eff. July 27, 1981.
18A:74-6. Emergency aid; incentive grant
There shall be appropriated annually the sum of $200,000.00 to be distributed by the commissioner upon the approval of the state board and in accordance with its rules and regulations to meet unforeseeable conditions in any municipality or county, and to encourage the formation and development of larger units of service pursuant to law. The amount of such emergency aid or incentive grant shall be payable by the state treasurer upon the certification of the commissioner and the warrant of the director of the division of budget and accounting.
18A:74-7. Determination of appropriation
On or before November 15 in each year, the commissioner shall estimate the amount necessary to be appropriated to carry out the provisions of this chapter for the succeeding fiscal year and shall determine for budget purposes the amount estimated to be payable to each of the counties and municipalities under this chapter for such succeeding year. The commissioner shall make such determination for budget purposes upon the basis of the annual appropriations for library purposes for the current calendar year.
On or before September 15 of each succeeding year, the commissioner shall make his final determination of the payments to be made under this chapter upon the basis of the annual expenditures for library purposes for the preceding calendar year.
18A:74-8. Payment of state aid
The sums payable as state aid, as finally determined by the commissioner, shall be payable on October 1 following the final determination in each such year. Payments shall be made by the state treasurer upon certificate of the commissioner and warrant of the director of the division of budget and accounting. Payment shall be made to the governing body of each municipality qualifying for aid under this chapter and to the treasurer of each county which supports a regional or county library system, and to the receiving officer designated by each research library center.
18A:74-9. Application of benefits to library services
Benefits received pursuant to this chapter shall not be applied to any other purpose than library services maintained pursuant to chapters 33 and 54 of Title 40 of the Revised Statutes and pursuant to this chapter.
18A:74-10. Compliance with regulations
In order to participate in any apportionment made according to the provisions of this chapter, municipalities and counties shall comply with the regulations and standards which have been, or which may be, prescribed by law or recommended by the advisory council of the division of the state library, archives and history, and approved by the state board for the operation and improvement of free public libraries to provide efficient and effective library services, to insure public benefit and convenience therefrom and to achieve the objects of this chapter.
18A:74-11. Annual reports
On or before March 1 in each year each library receiving state aid according to the provisions of this chapter shall make and transmit a report to the state librarian of such information, based upon the records and statistics of the preceding calendar year, as the state librarian shall require.
18A:74-12. Enforcement of law and regulations
The commissioner is hereby empowered to withhold any form of state library aid from any municipality, county, or area library which does not comply with the provisions of chapters 33 and 54 of Title 40 of the Revised Statutes and chapter 132 of the laws of 1947 (C. 45:8A-1, et seq.) wherever applicable, or with any rules and regulations duly adopted pursuant to said statutes or this chapter, or which reduces its annual expenditures for library services pursuant to chapters 33 and 54 of Title 40 of the Revised Statutes below the average of those expenditures for normal, recurring, operating costs made during the three years previous to receipt of the first state aid under this chapter.
There is hereby appropriated for the purposes of this chapter such sums as may be included therefor in any annual or supplemental appropriation. In the event the sums appropriated at any time are insufficient to carry out in full the provisions of this chapter, the commissioner, with the approval of the state board, shall allocate such sums on the basis of the method of allocation described in this chapter to the extent that he deems advisable and practicable. A sum not to exceed 1% of such total annual or supplemental appropriation for the purposes of this chapter may be allocated by the commissioner for the administrative costs thereof.
18A:74-14. Short title
This act shall be known as the "New Jersey Library Construction Incentive Act."
L.1973, c. 381, s. 1, eff. July 1, 1973.
John McCullough, Department of State
Trenton, NJ 08625
The agency proposal follows:
Standards, Procedures and Rules for Image Processing
Pursuant to the provisions of P.L. 1994, c. 140 (N.J.S.A. 47:1-12), the Division of Archives and Records Management of the Department of State is proposing standards, procedtures and rules for image processing of public records for the preservation, examination and use of such records, including indexing and arrangement thereof, as required by P.L. 1953, c. 410 (N.J.S.A. 47:3-26) as amended.
The proposed standards have been reviewed and approved by the State Records Committee as required by P.L. 1953, c. 410 (N.J.S.A. 47:3-20) and P.L. 1994, c. 140 (N.J.S.A. 47:1-12) after distribution of the proposed standards and the receipt of written and oral comments at properly posted and publicized public hearings on November 14 and December 12, 1996. The contents of the standards are as follows:
Subchapter 1. Purpose, contains a statement of the purpose of the proposed standards.
Subchapter 2. Definitions, contains definitions of key terms used in the proposed standards.
Subchapter 3. Standards and Procedures for Image Processing, contains the proposed standards for the implementation and use of image processing for management, storage, and retrieval of public records.
The proposed standards for image processing establish rules and guidelines for the use of image processing technologies for creating, maintaining, storing, retrieving, managing, and preserving public records. The public at large benefits from the standardization, efficient management, and proper preservation of public records which protect the rights, property and privileges of the citizens of New Jersey; document the actions, policies, and operations of public agencies; and ensure accountability and adequate oversight of public officials and their agents.
Efficiency, economy and effectiveness in the administration of public records are key goals of public agencies. The establishment of standards for the implementation and use of image processing for keeping public records aids in the realization of these goals. The implementation and use of new technologies for records management reduce administrative and operational expenses of government, enhance the ease of public access to government documents and information, and decrease the cost of storage and preservation of public records. The proposed standards are structured to provide the most effective and efficient means of maintaining public records at the most reasonable cost to the taxpayers of New Jersey.
Federal Standards Statement
The administration of State and local records is not governed by Federal law or regulation. An analysis pursuant to Executive Order No. 27 (1994) is therefore not required.
The proposed standards have no impact on the generation or loss of jobs in the state.
Regulatory Flexibility Statement
The standards for image processing proposed in N.J.A.C. 15:3-4 apply only to the implementation and management of image processing systems, policies, and procedures in State and local government agencies. Since there are no requirements placed on small businesses, as the term is defined in the New Jersey Regulatory Flexibility Act, (N.J.S.A. 52:14B-16 et seq.), no regulatory flexibility analysis is required.
Full text of the standards proposed for adoption follows:
SUB CHAPTER 4. IMAGE PROCESSING OF PUBLIC RECORDS 15:3-4.1 Purpose
(a) Standards, procedures and rules. The Division of Archives and Records Management in the Department of State, with the approval of the State Records Committee as established pursuant to P.L. 1953, c. 410 (N.J.S.A. 47:3-20), hereby promulgates the following standards, procedures and rules for image processing of public records for the preservation, examination and use of such records, including indexing and arrangement thereof, as required by P.L. 1953, c. 410 (N.J.S.A. 47:3-26) as amended, and P.L. 1994, c. 140 (N.J.S.A. 47:1-12).
(b) Image processing for public records. P.L. 1994, c. 140 amends Section 12 of P.L. 1953, c. 410 (N.J.S.A. 47:3-26) and other sections of the New Jersey Statutes to allow the use of image processing systems for keeping public records under the standards, procedures and guidelines established by the Division of Archives and Records Management in the Department of State, with the approval of the State Records Committee.
(c) Disposal of paper records. P.L. 1994, c. 140 provides for the replacement of paper records and records on other media with copies of the records in image processing systems, and for the disposal of the original records with the approval of the State Records Committee under certain conditions. The conditions for disposal of original records include conformance with established standards for image processing systems, and any related record retention schedules approved by the State Records Committee, and that disposal is not contrary to other State or Federal statutes or regulations.
(d) Preservation of public records. The intent of P.L. 1994, c. 140 is to ensure the preservation, integrity, and accessibility of public records in image processing systems by the establishment of standards, procedures and guidelines.
(e) Records as evidence. Furthermore, P.L. 1994, c. 140 provides that as long as these standards, procedures and guidelines are followed, image processed documents can be used in evidence in any court or proceeding in New Jersey with the same force and effect as the original public record.
The words and terms used in these standards, rules and procedures shall have the standard meaning as established in Technological Report for Information and Image Management -Glossary oflmaging Technology (ANSI/AIIM TR2-1992 or latest revision) and in Glossary of Records Management Terms -- A Guideline (ARMA A4542 or latest revision), except as otherwise defined in state statutes, including:
Public record or records means any and all public records as defined in P.L. 1953, c. 410 (N.J.S.A. 47:3-16) as amended.
State Records Committee or committee means the State Records Committee established pursuant to P.L. 1953, c. 410 (N.J.S.A. 47:3-20).
Division of Archives and Records Management or division means the Division of Archives and Records Management in the Department of State established pursuant to the Governor's Reorganization Plan filed April 29, 1983; furthermore, pursuant to P.L. 1994, c. 140 (N.J.S.A. 47:1-15), whenever in any law, rule, regulation, order contract, document, judicial or administrative proceeding, reference is made to the Public Records Office, Bureau, or Bureau of Archives and History in the Department of Education, or the administrator thereof, the same shall be considered to mean and refer to the Division of Archives and Records Management in the Department of State.
Agency or agencies means any board, body, department, commission, or office of an official of the State, or any political subdivision thereof, or any public board, body, commission or authority created pursuant to law.
Image processing means, in general, the computer-related discipline wherein analog or digital images are the main data object, or the manipulation and control of data representing two-dimensional images, including raster images generated by scanning and raster conversions of electronic data created in other formats, vector-based data from computer-aided design (CAD) and other illustration systems, and digital images from digital, video and other camera systems; or specifically, the creation, preparation, capture, recording, indexing, storage, retrieval, reproduction, control, use and management of direct representations or images of documents using these techniques.
Imaging means the production of representations of two-dimensional images of documents or other objects from digitally generated data or scanners and other means of data capture, or the recording of such images on microforms, videotape, optical disk or other data storage media.
Long-term record or long-term records means a record or series of records required by a Federal or State statute or regulation, or by a retention schedule approved by the State Records Committee per P.L. 1953, c. 410 (N.J.S.A. 47:3-20 et seq.), to be retained by the originating agency for ten (10) or more years after creation, filing, or completion.
Open system means a system that implements sufficient open specifications for interfaces, services, and supporting formats to enable properly engineered image processing applications that can be ported with minimal changes across a wide range of systems, can interoperate with other applications on local and remote systems, and can interact with users in a style that facilitates access and maintenance of public records on such systems.
Open systems environment means the comprehensive set of interfaces, services, and supporting formats, plus user aspects for portability or interoperability of applications, data, or users, as specified in information technology standards and profiles referenced in these regulations.
Resolution means digital resolution as defined in Technological Report for Information and Image Management-- Resolution as It Relates to Photographic and Electronic Imaging (ANSI/AIIM TR26 or latest revision).
ANSI means the American National Standards Institute, a private national standards organization in the United States, which coordinates the development and maintenance of various industry standards and serves as the United States' representative to the International Organization for Standardization (ISO).
AIIM means the Association for Information and Image Management, a standards-setting body affiliated with the American National Standards Institute (ANSI), which is the principal developer of standards for microforms and information storage technologies involving images, such as optical disks and scanners.
ISO means the International Organization for Standardization, which coordinates national standards bodies worldwide.
CCITT means the Consultative Committee for International Telegraphy and Telephony, a constituent of the International Telecommunications Union (ITU), which has developed standards for facsimile (fax) equipment and electronic transmissions employed in image processing systems.
ARMA means the Association of Records Managers and Administrators International, the principal records and informat'ion management association in the United States and Canada, and one of the organizations accredited by the American National Standards Institute (ANSI) to develop records management standards.
NISO means the National Information Standards Organization, which is the principal United States organization for the development of library, archival and information management standards. Its members include the Society of American Archivists (SAA), National Archives and Records Administration (NARA), American Library Association (ALA), and the Association for Information and Image Management (AIIM).
NIST means the National Institute of Standards and Technology, formerly the National Bureau of Standards, which is the principal standards agency within the United States government and oversees the development of Federal information processing standards and conducts related studies for other Federal agencies.
15:3-4.3 Standards and procedures for image processing
The following standards shall be met for electronic records created, maintained or stored on optical media:
(a) Image processing systems
1. Planning and procurement. State and local government agencies planning and procuring automated image processing systems intended to supplement or replace paper record keeping systems shall use the guidelines set forth in Technical Report for Information and Image Management-- Electronic Imaging Request for Proposal (RFP) Guidelines (ANSI/AIIM TR27-1991 or latest revision), for any preliminary system def'mition, feasibility assessment, procurement specifications, request for proposal (RFP), or formal monitoring of systems, insofar as they do not conflict with guidelines, standards, rules or procedures approved by the State Records Committee, or procurement procedures established by their State or local government.
2. Life expectancy. The life expectancy rating of any optical media employed by any image processing system used for keeping of records shall correspond to the retention period of the records, unless otherwise approved by the State Records Committee under procedures established according to the provisions of N.J.A.C. 15:3-4.3(e)5 below.
i. The life expectancy rating of any optical media shall be demonstrated according to criteria established by the National Institute of Standards and Technology in Development of a Testing Methodology to Predict Optical Disk Life Expectancy Values (NIST Special Publication 5OO-2OO).
ii. Vendors' claims for life expectancy shall be accompanied by detailed specifications of the test parameters.
3. Permanent records. Any image processing system containing records designated as permanent by law or retention schedules approved by the State Records Committee shall:
i. produce backup copies of such records on paper which meet the standards set forth in Permanence of Paper for Printed Publications and Documents in Libraries and Archives (NISO Z39.48-1992 or latest revision), or
ii. produce backup copies of such records on microfilm which meets the standards set forth in N.J.A.C. 15:3-2.15 et seq. or N.J.A.C. 15:3-3.12 et seq., as appropriate, or
iii. provide for a completely and clearly documented, demonstrated and tested path to migrate data to other media. Any proposed data migration routine or facility shall be tested for viability on a periodic basis or following any changes to the configuration of the system according to procedures established under the provisions of N.J.A.C. 15:3-4.3(e)5 below.
4. WORM technology. Preference shall be given to image processing systems employing WORM (Write-Once-Read-Many) non-erasable optical disks for record keeping systems which include records with long-term or permanent retention schedules, since WORM optical disks permit images and associated information to be recorded but not erased from the disk, and images on WORM disks can be reviewed, if necessary, for evidentiary purposes to prove that images have not been erased or altered in any way.
5. Universal disk formats. Whenever applicable and appropriate, preference shall be given to systems which support:
i. the standard volume and file structure for WORM and rewritable media as set forth in Volume and File Structure of Write-Once and Rewritable Optical Disks Using Non-Sequential Recording for Information Interchange -- Universal Disk Fortnat (ISO/IEC 13346 or latest revision), or
ii. the standard media and operating system independent volume and file structure for CD-ROM and WORM applications as set forth in Volume and File Structure of Read-Only and Write-Once Compact Disk Media for Information Interchange (ISO 13490 or latest revision), or
iii. the standard software-related volume and file structure for use on CD-ROM optical media as set forth in Volume and File Structure of CD-ROM for Information Interchange (ANSI/NISO/ISO 9660 or latest revision).
6. Index stored with image. Preference shall be given to those image processing systems which physically store the index entries related to an image, including the creation or scanning date, with the image.
i. Electronic date-stamping of imaged records, in addition to being useful for indexing purposes, shall be used to certify and authenticate the images for legal purposes.
ii. If an imaging system creates and maintains external indexes, documented policies and procedures shall be established for backup and refreshing of such external indexes stored on magnetic or other media.
iii. Documented policies and procedures shall be established to ensure the migration of all indexes, along with the associated images, to other systems or other media.
7. Open systems. Image processing systems used for keeping public records shall conform to a standard architectural framework for open systems standards, such as the Technical Architectural Framework for Information Management (TAFIM) published by the United States Department of Defense, the IEEE Guide to Open Systems published by the Institute of Electrical and Electronic Engineers, or the X/Open Architectural Framework published by the X/Open Users Council of the Open Software Foundation (OSF), or their equivalent, whenever possible.
8. Open systems environment. Image processing systems shall implement an open systems environment, including a comprehensive set of interfaces, services, and supporting formats, plus user aspects for portability and interoperability of applications, data or users, as specified by the information technology standards and profiles cited herein.
9. Standard systems. Preference shall be given to standard turn-key imaging systems and systems implemented in a commercial off-the-shelf (COTS) manner.
i. Customization of image processing systems shall be implemented only as necessary and appropriate.
ii. Any customization or changes in configuration of an image processing system shall be completely and thoroughly documented.
10. Application development. Application development software shall be based on the open systems model defined in N.J.A.C. 15:3-4.2 and N.J.A.C. 15:3-4.3(a)7 above, which allow for migration and portability of all application coding.
i. Application development software shall incorporate a full set of Application Program Interfaces (API). Application development efforts shall rely on API to the maximum extent practical.
ii. Software customization implemented through any means other than API shall be discouraged, unless there is extraordinary and demonstrable justification for utilizing alternate software development approaches.
11. File header labels. Non-proprietary image file header labels shall be used by the image processing system, or the system developer shall provide a detailed definition of the image file header label structure by the image processing system. If a proprietary image header label is used, the system developer shall provide a completely and clearly documented, demonstrated and tested bridge to a non-proprietary image file header label.
12. Quality assurance. The system hardware and/or software shall provide a quality assurance capacity to verify that information is written to the optical media.
13. Images. All images reproduced by image processing systems shall exhibit a high degree of legibility and readability, equivalent to resolution standards established under N.J.A.C. 15:3-4.3(d) below, when displayed on a monitor or reproduced on paper. Monitors and printers utilized by imaging systems shall produce images that meet such standards.
14. Maintenance. Public agencies shall ensure that optical disk storage systems receive periodic maintenance, inspection, and testing, as established under procedures in N.J.A.C. 15:3-4.3(e)5 below.
15. Use of optical disks for public records. Unless otherwise specified in standards, rules and procedures promulgated by the State Records Committee, Technical Report for Information and Image Management -- The Use of Optical Disks for Public Records (ANSI/AIIM TR25-1995 or latest revision) shall be used as a guideline for system planning, implementation and operation of imaging systems for public records.
(b) System administration
1. System administration. Procedures for administering imaging systems, as established under procedures in N.J.A.C. 15:3-4.3(e)5 below, shall include provision for journaling, logging, backup, and recovery of system components.
2. Documentation. Documentation of the use and administration of all imaging systems during the normal course of operation of an agency shall be created and maintained in order to ensure the legal integrity of the system.
3. Backups. A schedule of incremental and complete backups of the system, including optical media and any indexes on magnetic media, shall be established and adhered to strictly, according to procedures established in N.J.A.C. 15:3-4.3(e)5 below.
i. A regular schedule of backups shall be instituted and performed for all information on the system, including indexes.
ii. Backups shall be periodically tested for restoring lost data or reestablishing the system after a system failure.
4. Disaster recovery. Documented disaster recovery plans and procedures shall be established for all image processing systems used for keeping public records. Disaster recovery plans and procedures shall be reviewed and updated at least annually.
5. Security copies. Security copies of public records on optical disks or other media shall be stored in secure and suitable facilities according to record storage standards and guidelines established by the State Records Committee.
6. Refreshing media. Appropriate schedules for refreshing optical disks and associated indexes shall be established and strictly adhered to whenever it is determined to be necessary for continued preservation of optical and magnetic media.
i. Byte error rates (BER) shall be reviewed periodically to evaluate deteriorating data on optical disks.
ii. Imaging systems shall be capable of detecting and correcting errors automatically. Optical disks shall be refreshed while the information can still be corrected, to avoid losing the ability to read them.
7. Reports. Imaging systems shall produce a standard set of reports for capacity, monitoring, maintenance, auditing, security, and system operations management. Systems shall also be capable of creating and producing customized management reports.
8. Multiple systems. An agency may use more than one image processing system. i. If an agency uses more than one imaging system, each system must meet the requirements of standards, procedures and rules established for imaging systems by the State Records Committee.
ii. If an agency ceases to maintain the hardware and software necessary to satisfy the conditions of the standards, procedures and rules, imaged records that are contained in the system shall be deemed destroyed by the agency unless the existing imaged records are converted to a format compatible with a compliant imaging system that the agency implements or continues to maintain.
(c) Image storage and retrieval
1. File formats and compression methods. Any image processing system used for public records shall support standard file formats and compression methods and allow for the interchange of documents with other systems. Recommended standards include Tagged Image File Format (TIFF), CCITt Group m and/or IV, and Open Document Architecture/Open Document Interchange Format (ODA/ODIF). Image processing systems shall include CCITT Group III and/or IV electronic facsimile (fax) capabilities and standard file formats, or the system developer shall provide completely documented and tested procedures and techniques for the conversion of images and data in compliance with these standards.
2. Open systems. Image processing systems shall meet an established open system standard architecture, as set forth in N.J.A.C. 15:3-4.3(a)7 above, and shah run on standard hardware, operating systems, and networking systems.
3. Databases. Preference shall be given to systems built with relational database technology using Structured Query Language (SQL).
4. Workflow. Workflow and file folder processing software shah be written in standard, portable programming languages.
(d) Scanners and scanning
1. Direct reproduction. An image processing system used for keeping public records shah record direct reproductions of scanned documents.
i. Imaging systems shah not be capable of altering a public record as scanned, except for standard computer-enhancement routines used to improve the legibility of scanned documents. Editing of recorded text or characters by an image processing system used for keeping public records shah not be permitted.
ii. Documentation of such manual or automatic computer-enhancement processes and procedures used while scanning documents shah be thoroughly documented for proof of authenticity of the records maintained on the imaging system.
2. Quality control of images. A visual quality control evaluation shall be performed for each and every scanned image and related index data as images are scanned and/or recorded onto optical media, or an equivalent quality control shah be maintained through an established, documented and carefully adhered to sampling technique, according to standards and guidelines established by the State Records Committee.
3. Quality control for scanners. Scanner quality shah be evaluated on the basis of the standard procedures contained in American National Standard for Information and Image Management --Recommended Practice for Quality Control of lmage Scanners (ANSI/AIIM MS44-1988 or latest revision).
4. Resolution charts. The AIIM standard resolution target, AIIM Scanner Target (AIIM X441), R/T Process Ink Gamut Chart (AIIM X443) for use with ANSI/ IM standard ANSI/AIIM MS44 or the latest revisions thereof, and/or the ITU-T Standard Image Set (CD-ROM)for Use with National Communication System Information Bulletin 93-45 (AIIM X501) shall be used whenever applicable, to test resolution and quality control for operation of scanners.
5. Minimum scanning densities. The appropriate scanning density shall be determined and used for all scanning of public records. Minimum scanning densities for public records shall be as follows:
i. A scanning density with a minimum of 200 dots per inch (dpi) or more is required for scanning bitonal documents containing text or numerals no smaller than six (6) point type.
ii. A scanning density with a minimum of 300 dots per inch (dpi) is required for bitonal engineering drawings, maps, and other documents with background detail.
6. Appropriate scanning density and techniques. The minimum scanning densities cited in NJ.A.C. 15:3-4.3(d)5 above, may not be adequate in all cases. Appropriate scanning density and techniques may differ from document to document due to the attributes of individual documents, purpose of scanning, and the characteristics and limitations of scanning equipment.
i. The scanning density for documents shall be selected and validated using tests on samples of the actual documents to be scanned before scanning is begun, and shall be tested periodically thereafter according to procedures established under N.J.A.C. 15:3-4.3(e)5 below. Testing and review procedures shall include the comparison of selected recorded images against the original documents after the documents are scanned and recorded, to ensure that records are adequately reproduced and recorded.
ii. Higher densities and/or alternative scanning techniques, such as using a selected standard grayscale scanning routine, may be required for adequate reproduction of some documents.
iii. Higher resolutions shall be required for computer-aided design (CAD) drawings, where further manipulation or integration and precise measurements are needed.
iv. Because some scanners may not capture the full color spectrum and lose significant detail when scanning a document containing certain colors, scanner capabilities shall be reviewed and tested on samples of the actual records to be scanned.
7. Compression techniques. ccrIT Group m and/or Group IV compression techniques shall be used for scanning documents without continuous tonal qualities. If the use of proprietary compression techniques is required by an image processing system, the system developer shall provide a completely documented and tested gateway to CCITt Group IIl and/or Group IV compliant data transmission capabilities.
8. Scanning backfiles. If legacy records, backfiles, or batch files of documents are scanned, standards established and approved by the State Records Committee for processing and scanning such records shall be followed, including certification and reporting procedures required by the Bureau of Micrographics and Alternate Records Storage of the Division of Archives and Records Management.
(e) Operation and management of image processing systems
1. Operating environmenL Optical disk systems shall not be operated in environments with high levels of airborne particles or without adequate temperature and humidity controls, according to standards approved by the State Records Committee.
2. Adequate indexing. Complete and accurate indexes are essential when records are stored on optical media.
i. Image processing systems shall include an indexing system and procedures for adequate indexing that permit rapid identification and retrieval for viewing or reproducing of all related records maintained in the systems.
ii. The requirement to maintain an indexing system shall be met if an indexing system is functionally comparable to a reasonable hardcopy indexing system which is consistent with statutory requirements.
iii. Operational procedures shall include a check of indexing accuracy at the time the indexes are created and periodic testing thereafter under procedures established in N.J.A.C. 15:3-4.3(e)5 below.
iv. Preference shall be given to systems which incorporate indexes or other retrieval information directly on the optical disk.
v. Backup, refreshing, and data migration procedures must ensure the preservation of all indexing associated with records in the image processing system, and the continued ability to identify, retrieve, and reproduce all relevant documents.
3. Labels. Particular care shall be given to labeling all optical disks, magnetic tapes and other storage containers, especially when the disk or tape containing their corollary indexes is stored on separate media. Standard practices shall be encouraged for labeling optical disks and cartridges, as set forth in Technical Report for Information and Image Management -Recommendations for the Identifying Information to be Placed on Write-Once-Read-Many (WORM) and Rewritable Optical Disk (OD) Cartridge Label(s) and Optical Disk Cartridge Packing/Shipping Containers (ANSI/AIIM TR21-1991 or latest revision).
4. Documentation. All aspects of the design and use of the image processing systems shall be documented. Documentation on an image processing system should include: administrative procedures for imaging, storage, and retrieval of records; technical specifications for all the components of the system; problems encountered in the operation of the system and measures taken to address such problems; and any and all hardware and software modifications made to the system.
5. Systems review. Per P.L. 1994, c. 140, the Division of Archives and Records Management, with the approval of the State Records Committee, is required to review and approve image processing systems.
i. The division shall create an annual report form for agencies employing image processing systems for keeping public records, which will include a review of systems maintenance, operation and administration; backup, disaster recovery and data migration procedures; and compliance with other imaging standards, procedures and guidelines approved by the State Records Committee.
ii. The division shall distribute the form annually to each agency employing image processing systems for keeping public records within thirty (30) days of the anniversary date of the original certification of their imaging system.
iii. An agency shall submit the completed annual report form to the Director of the Division of Archives and Records Management within thirty (30) days after the receipt of the annual review notice.
iv. The division shall, based on this report and any other supplementary information it may require, issue a certificate to the agency stating whether or not the image processing system complies or continues to comply with applicable standards, procedures and rules.
v. If the division determines that an image processing system fails to comply with applicable standards, procedures and rules, it shall state in writing to the agency how the system and operational procedures are not in compliance, and provide guidance as to changes that must be made to achieve compliance.
vi. A copy of a certification of compliance from the division shall be presented with every request by an agency for approval of record retention schedules or disposal of original records used or maintained on image processing systems.
6. Records and information management services. The Bureau of Records Management of the Division of Archives and Records Management shall provide training and other records and information management support services to State and local government agencies to assist in the planning, implementation, and maintenance of image processing systems used for keeping public records; and serve as a repository for information concerning State, national and international standards, procedures and guidelines for image processing systems, including all published documents cited or referred to herein; and produce, publish and distribute technical bulletins, guidelines and other publications to implement and explain established standards, procedures and rules for image processing systems; and shall revise and reissue the same, including relevant chapters of the State Records Manual, Local Records Manual, and Records Management Training Manual, as warranted by advances in technology, issuance of new national and international standards, or other relevant events.
1. Security system. A security subsystem and procedures for system administration and file access that cannot be disabled or circumvented, shall be provided for all image processing systems used for keeping public records.
2. Computer enhancement. Imaging systems shall not be capable of altering a record as scanned and/or recorded, except for standard computer-enhancement routines used to improve the legibility of scanned documents.
3. Control of records. Means of control shall be established and maintained to prevent unauthorized creation, addition, alteration, deletion, or deterioration of any imaged record.
4. Corrected records. Corrections or additions to records shall be recorded as new documents and maintained in the record keeping system along with the original record.
5. Expungemerits. Court-ordered expungement of information recorded on a Write-Once Read-Many (WORM) optical disk system shall be implemented according to recommendations provided in Technical Report for Information and Image Management -- The Expungement of Information Recorded on Optical Write-Once-Read-Many (WORM) Systems ( AIIM TR28-1991 or latest revision).
6. Audit of security systems. Security subsystems and procedures for system administration and file access shall be completely and thoroughly documented and auditable.
L To ensure the integrity, accuracy, and reliability of the public records contained in image processing systems, such systems shall create and retain a record of the location, date, operator and equipment involved in the production of all images it copies or produces.
ii. Imaging systems shall create and maintain logs of all system and file access and activities.
iii. Only authorized persons shall have access to logs and other documentation of security subsystems and procedures.
15:3-4.4 Public access
(a) Public access to records. The implementation and use of image processing systems shall not limit or hinder public access to public records. Image processing systems shall provide access which is equivalent, or better than, that provided by previous record keeping systems.
(b) Copies of records. The right of the public to inspect and copy public records pursuant to P.L. 1963, c. 73 (N.J.S.A. 47:1A-1 ąt seq.) shall, with respect to the copying of records maintained by an image processing system, be deemed to refer to the right to receive printed copies of such records.
RECORDS AND RECORDING OFFICES GENERALLY
47:1-11. Reproduction of public records; legal substitutes.
47:1-12. Rules and regulations; recording, filing, registration, indexing.
47:1-13. Alteration, revision or correction of records; procedure.
47:1-14. Destruction of public records prohibited.
47:1-15. Reference to bureau of archives and history deemed reference to division of
archives and records management.
47:1--5. Photographic records in certain offices
Text of section effective until July 1, 1995..For text of section, as amended
by L. 1994, c 140, effective July 1, 1995, see § 47:1-.5, post.
For any annotative materials relating to this section, see historical and
statutory notes and any other features, following .Sec. 47:1-5, post.
47:1-5. Photographic records in certain offices
Text of section as amended by L 1994, c. 140, effective July I, 1995. For text
of section effective until July 1, 1995, see § 47:1-5, ante.
All papers, documents and instruments in writing authorized or required by law to be
recorded and filed, registered, or indexed in the office of the Secretary of State,
clerk, register of deeds and mortgages and surrogate of any
county of this State, as well as the record and index of any such paper, documents or
instruments in writing, which may be recopied, rerecorded, or transcribed pursuant to
any law of this State, may be recopied, rerecorded, reindexed or transcribed in such
offices by means of photography, data processing or image processing, and such
rerecord or transcribing, made by means of photography, data processing or image
processing, shall have the same legal force, meaning and effect as if made in handwriting
or in typewriting.
The Secretary of State, clerk, register of deeds and mortgages and surrogate of any county of this State may make a copy by means of
photography, data processing or image processing, of any document or instrument and such photegraphic, data processed or image processed copy, ff made, shall have the same
legal force, meaning and effect as if made in handwriting or in typewriting.
Amended by L.1994, c. 140, § 2.
47:1-8. Rerecording worn, mutilated or obscure records; reindexing; cost
Whenever any records of any deeds, mortgages or other instruments of record in the
office of any clerk or register of deeds and mortgages of any county of this State are
becoming worn out, mutilated, obliterated, obscured, or in such condition that by use the
same would be likely to become entirely void, lost or unintelligible, and the title to lands
or other property endangered, such clerk or register of deeds and mortgages shall, upon
the order of any judge of the Superior Court, rerecord such
records anew, in books to be kept in the office of such clerk or register of deeds and
mortgages, which books shall be known as the book of "rerecorded deeds," or otherwise,
in accordance with the types of instruments so rerecorded, shall be numbered and paged
as were the old books, shall be certified by such clerk or register of deeds and
mortgages, under his hand and seal, to be true copies of the original records, and shall
be reindexed in the appropriate books of indexes of such recorded deeds, mortgages or
instruments in such counties, being marked as reindexed. The expense of such
rerecording shall be paid by the county in which the same is done. as the judge may
determine and direct.
Amended by L.1991, c. 91, § 467, eff. April 9, 1991.
47:1-11. Reproduction of public records; legal substitutes
Section effective July 1, 1995.
Any public agency, the Secretary of State or the County Clerk, Register, or Surrogate
of a county may copy, record, index or transcribe public records by means of photogra-
phy, data processing, image processing, or other approved means, subject to compliance
with the rules and regulations promulgated therefor by the Division of Archives and
Itccords Management in the Department of State. Any document which is a data
processed or image processed copy produced and stored in accordance with the rules
and regulations promulgated therefor by the division shall be considered a legal
substitute for an original document.
L.1994, c. 140, § 5.
47:3-16. "l'ublic records" and "bureau" defined
Text of section us amended by L. 1994, c. 14O, effective July 1, 1995. For text
of section effective until July 1, 1995, see § 47:3-16, ante.
As used in this act, except where the context indicates otherwise. the words "public
records" mean any paper, written or printed book, document or drawing, map or plan.
photograph, microfilm, data processed or image processed document. sound-recording or
similar device, or any copy thereof which has been made or is required by law to be
received for filing, indexing, or reproducing by any officer, commission, agency or
authority of the State or of any political subdivision thereof. including subordinate
boards thereof, or that has been received by any such officer, commission, agency or
authority of the State or of any political subdivision thereof, including subordinate
boards thereof, in connection with the transaction of public business and has been
retained by such recipient or its successor as evidence of its activities or because of the
information contained therein.
As nsed in this act the word "bureau" means the Bureau of Archives and History in
tim Department of Education.
Amended by L. 1994, c. 140, § 3.
47:3-26. Photographing, microphotographing and microfilming of public records;
destruction of originals; evidence
Text of section as amended bY L. 1994, c. 140, effective July 1, 1995. For text
of section effective until July 1, 1995, see § 47:3-26, ante.
The Bureau of Archives and History in the Department of Education, with the
approval of the State Records Committee established by section six hereof,l shall
formulate standards procedures and rules for the photographing, microphotograph-
ing microfilming, data processing and image processing of public records and for
the preservation, examination and use of such records, including the indexing and
arrangement thereof, for convenient reference purposes.
Whenever any officer, commission, agency or authority of the State or of any political
subdivision thereof, including subordinate boards thereof, shall have photographed,
microphotographed microfilmed, data processed or image processed all or any part of
the public records, kept or required by law to be received and indexed in such manner
as to conform with the standards procedures and rules, and such photographs,
microphotographs microfilms, or data processed or image processed documents have
been placed in conveniently accessible files and provision shall have been made for the
preservation, examination and use of the same in conformity with the said standards and
procedures, the original records from which the photographs, microphotographs .
mierofilms, or data processed or image processed documents have been marie, or any
part thereof, may be destroyed or the records therein otherwise effectively obliterated;
provided, the said bureau shall first have given its written consent to such destruction or
In the event of any such destruction or other disposition of any public records under
the provisions of this section, the photograph, microphotograph or, microfilm, or data
processed or image processed document or a certified copy of said photograph, micro-
photograph microfilm, or data processed or image processed document shall be
receivable in evidence in any court or proceeding and shall have the same force and
effect as though the original public record had been there produced and proved.
Amended by L.1994, c. 140, § 4. I Section 47:3-20.
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