Substitute House Bill No. 6745
Substitute House Bill No. 6745
PUBLIC ACT NO. 97-89
AN ACT CONCERNING THE RECORDING, COPYING AND
MAINTENANCE OF CERTAIN PUBLIC RECORDS.
Be it enacted by the Senate and House of
Representatives in General Assembly convened:
Section 1. Section 1-7 of the general
statutes is repealed and the following is
substituted in lieu thereof:
When any officer, office, court, commission,
board, institution, department, agent or employee
of the state, or of any political subdivision
thereof, is required or authorized by law or has
the duty to record or copy any document, plat,
paper or instrument of writing, such recording or
copying may be done by any photographic,
MICROGRAPHIC, ELECTRONIC IMAGING OR OTHER process,
[approved by the Public Records Administrator,]
which clearly and accurately copies, photographs
or OTHERWISE reproduces the original document,
plat, paper or instrument of writing. EACH SUCH
PHOTOGRAPHIC, MICROGRAPHIC, ELECTRONIC IMAGING OR
OTHER PROCESS SHALL BE SUBJECT TO THE APPROVAL OF
THE PUBLIC RECORDS ADMINISTRATOR. Properly
certified [photographic copies] REPRODUCTIONS of
any record made under the provisions of this
section shall be admissible in evidence in the
same manner and entitled to the same weight as
copies made and certified from the original.
Sec. 2. Section 1-8 of the general statutes
is repealed and the following is substituted in
lieu thereof:
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] MICROGRAPHIC, ELECTRONIC IMAGING OR ANY
OTHER PROCESS with the reproduced image [in such
ratio] PROPORTIONAL in size to the original.
[object photographed, as may be approved by the
Public Records Administrator] EACH SUCH
PHOTOGRAPHIC, MICROGRAPHIC, ELECTRONIC IMAGING OR
OTHER PROCESS SHALL BE SUBJECT TO THE APPROVAL OF
THE PUBLIC RECORDS ADMINISTRATOR.
Sec. 3. Section 1-14 of the general statutes
is repealed and the following is substituted in
lieu thereof:
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] WHICH IS PROPORTIONAL
in size to the original. [object photographed as
may be approved by the Public Records
Administrator] EACH PROCESS USED FOR SUCH
REPRODUCTIONS SHALL BE SUBJECT TO THE APPROVAL OF
THE PUBLIC RECORDS ADMINISTRATOR. Any such
[photographic] REPRODUCED 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. 4. Section 1-16 of the general statutes
is repealed and the following is substituted in
lieu thereof:
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 OTHERWISE
reproduced [on film] BY ELECTRONIC IMAGING OR ANY
OTHER PROCESS APPROVED BY THE PUBLIC RECORDS
ADMINISTRATOR. Such [photographic film]
REPRODUCTIONS shall conform to standards specified
in [section] SECTIONS 1-7 AND 1-8, AS AMENDED BY
SECTIONS 1 AND 2 OF THIS ACT, and the device used
to reproduce such records [on such film] shall be
one which accurately reproduces the original
thereof in all details.
Sec. 5. Section 1-17 of the general statutes
is repealed and the following is substituted in
lieu thereof:
Such photographs, microphotographs, [or
photographic film] ELECTRONIC IMAGES OR OTHER
REPRODUCTIONS 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. 6. Section 7-23 of the general statutes
is repealed and the following is substituted in
lieu thereof:
Town clerks shall keep the records of their
respective towns and truly enter therein, either
by transcribing or by photographic, [process]
MICROGRAPHIC, ELECTRONIC IMAGING OR ANY OTHER
PROCESS APPROVED BY THE PUBLIC RECORDS
ADMINISTRATOR, all votes of the town and give true
copies of the same and of all deeds and other
instruments by them recorded; and all attested
copies of deeds, with a certificate of the town
clerk or assistant town clerk that they have been
recorded, shall be conclusive evidence of that
fact. No copy of record certified by the town
clerk or assistant town clerk of any town shall be
deemed valid in law unless the seal of such town
is affixed thereto; and the town clerk of each
town or his legally qualified assistant shall
affix the seal of such town to all certified
copies of record, and no fee shall be allowed for
affixing the same.
Sec. 7. Section 7-27a of the general statutes
is repealed and the following is substituted in
lieu thereof:
Whenever land records or instruments have
been photographed, microphotographed or OTHERWISE
reproduced [on film] BY ELECTRONIC IMAGING OR ANY
OTHER PROCESS APPROVED BY THE PUBLIC RECORDS
ADMINISTRATOR, as permitted under section 1-16, AS
AMENDED BY SECTION 4 OF THIS ACT, and the [filmed]
REPRODUCED images have been placed in conveniently
accessible files, and adequate provision has been
made for preserving, examining and using the same,
and a copy or copies have been deposited for
security storage in the state library or in some
other safe storage facility, as shall be required
or approved by the Public Records Administrator,
the town clerk may, with approval of the
administrative head of the municipality and the
Public Records Administrator, destroy the original
land record books so [copied or] reproduced;
provided, no original book, record or document
created prior to the year 1850 shall be destroyed
without the express written approval of the State
Librarian. When land records have been
microphotographed or otherwise reproduced [on
film] BY A PROCESS APPROVED BY THE PUBLIC RECORDS
ADMINISTRATOR and the originals have been
destroyed as provided in this section, the
[filmed] REPRODUCED images thus made shall be
deemed to be the record for all purposes.
Approved May 29, 1997