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

203-566-5650

LeAnn Jones, Supervisor of Records Service

State Records Center

West St., Rocky Hill, CT 06067

203-529-8684 fax: 203-566-6669

[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.

CHAPTER 3

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;

76-126.)

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

chapter.

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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