Bill Text: CT SB01057 | 2013 | General Assembly | Introduced

Connecticut Senate Bill 1057 (Prior Session Legislation)

Introduced

Bill Title: An Act Implementing The Recommendations Of The State Librarian Concerning E-government And The Preservation, Authentication And Management Of Electronic Records.

Spectrum: Committee Bill

Status: (Introduced - Dead) 2013-03-07 - Public Hearing 03/11 [SB01057 Detail]

Download: Connecticut-2013-SB01057-Introduced.html


General Assembly		*Raised Bill No. 1057*
*January Session, 2013*		LCO No. 4018
		04018_______GAE
Referred to Committee on GOVERNMENT ADMINISTRATION AND ELECTIONS
Introduced by:
(GAE)

AN ACT IMPLEMENTING THE RECOMMENDATIONS OF THE STATE LIBRARIAN CONCERNING E-GOVERNMENT AND THE PRESERVATION, AUTHENTICATION AND MANAGEMENT OF ELECTRONIC RECORDS.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. Section 7-34a of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2013):

(a) Town clerks shall receive, for recording any document, ten dollars for the first page and five dollars for each subsequent page or fractional part thereof, a page being not more than eight and one-half by fourteen inches. Town clerks shall receive, for recording the information contained in a certificate of registration for the practice of any of the healing arts, five dollars. Town clerks shall receive, for recording documents conforming to, or substantially similar to, section 47-36c, which are clearly entitled "statutory form" in the heading of such documents, as follows: For the first page of a warranty deed, a quitclaim deed, a mortgage deed, or an assignment of mortgage, ten dollars; for each additional page of such documents, five dollars; and for each assignment of mortgage, subsequent to the first two assignments, two dollars. Town clerks shall receive, for recording any document with respect to which certain data must be submitted by each town clerk to the Secretary of the Office of Policy and Management in accordance with section 10-261b, two dollars in addition to the regular recording fee. Any person who offers any written document for recording in the office of any town clerk, which document fails to have legibly typed, printed or stamped directly beneath the signatures the names of the persons who executed such document, the names of any witnesses thereto and the name of the officer before whom the same was acknowledged, shall pay one dollar in addition to the regular recording fee. Town clerks shall receive, for recording any deed, except a mortgage deed, conveying title to real estate, which deed does not contain the current mailing address of the grantee, five dollars in addition to the regular recording fee. Town clerks shall receive, for filing any document, five dollars; for receiving and keeping a survey or map, legally filed in the town clerk's office, five dollars; and for indexing such survey or map, in accordance with section 7-32, five dollars, except with respect to indexing any such survey or map pertaining to a subdivision of land as defined in section 8-18, in which event town clerks shall receive fifteen dollars for each such indexing. Town clerks shall receive, for a copy, in any format, of any document either recorded or filed in their offices, one dollar for each page or fractional part thereof, as the case may be; for certifying any copy of the same, two dollars; for making a copy of any survey or map, the actual cost thereof; and for certifying such copy of a survey or map, two dollars. Town clerks shall receive, for recording the commission and oath of a notary public, ten dollars; and for certifying under seal to the official character of a notary, two dollars.

(b) The fees set forth in subsection (a) of this section received by town clerks for recording documents include therein payment for the return of each document which shall be made by the town clerk to the designated addressee.

(c) Compensation for all services other than those enumerated in subsection (a) of this section which town clerks are required by the general statutes to perform and for which compensation is not fixed by statute shall be fixed and paid by the selectmen or other governing body of the town or city in which such services are performed.

(d) In addition to the fees for recording a document under subsection (a) of this section, town clerks shall receive a fee of three dollars for each document recorded in the land records of the municipality. Not later than the fifteenth day of each month, town clerks shall remit two-thirds of the fees paid pursuant to this subsection during the previous calendar month to the State Librarian for deposit in a bank account of the State Treasurer and crediting to the historic documents preservation account established under section 11-8i. One-third of the amount paid for fees pursuant to this subsection shall be retained by town clerks and used for the preservation and management of historic documents. The provisions of this subsection shall not apply to any document recorded on the land records by an employee of the state or of a municipality in conjunction with said employee's official duties. [As used in this section "municipality" includes each town, consolidated town and city, city, consolidated town and borough, borough, district, as defined in chapter 105 or chapter 105a, and each municipal board, commission and taxing district not previously mentioned.]

(e) In addition to the fees for recording a document under subsection (a) of this section, town clerks shall receive a fee of forty dollars for each document recorded in the land records of the municipality. The town clerk shall retain one dollar of any fee paid pursuant to this subsection and three dollars of such fee shall become part of the general revenue of the municipality and be used to pay for local capital improvement projects, as defined in section 7-536. Not later than the fifteenth day of each month, town clerks shall remit thirty-six dollars of the fees paid pursuant to this subsection during the previous calendar month to the State Treasurer. Upon deposit in the General Fund, such amount shall be credited to the community investment account established pursuant to section 4-66aa. The provisions of this subsection shall not apply to any document recorded on the land records by an employee of the state or of a municipality in conjunction with such employee's official duties. [As used in this subsection, "municipality" includes each town, consolidated town and city, city, consolidated town and borough, borough, and district, as defined in chapter 105 or 105a, any municipal corporation or department thereof created by a special act of the General Assembly, and each municipal board, commission and taxing district not previously mentioned.]

(f) In addition to the fees for recording a document under subsection (a) of this section, town clerks shall receive a fee of seven dollars for each document recorded in the land records of the municipality. The town clerk shall retain five dollars of any fee paid pursuant to this subsection which shall be deposited in a separate, nonlapsing account of the municipality and be used to pay for the preservation and management of electronic records, as defined in section 2 of this act. Not later than the fifteenth day of each month, town clerks shall remit two dollars of the fees paid pursuant to this subsection during the previous calendar month to the State Librarian for deposit in a bank account of the State Treasurer and crediting to the e-government records management account established pursuant to section 2 of this act. The provisions of this subsection shall not apply to any document recorded on the land records by an employee of the state or of a municipality in conjunction with such employee's official duties.

(g) As used in this section "municipality" includes each town, consolidated town and city, city, consolidated town and borough, borough, district, as defined in chapter 105 or 105a, and each municipal board, commission and taxing district not previously mentioned, provided for the purposes of subsection (e) of this section, "municipality" also includes any municipal corporation or department thereof created by a special act of the General Assembly.

Sec. 2. (NEW) (Effective October 1, 2013) (a) For the purposes of this section, "preservation and management of electronic records" means activities that include, but are not limited to, the following: (1) The use of information technology to facilitate the performance of duties integral to the maintenance and tracking of electronic records; (2) the development of best practices and standards concerning the creation, maintenance and preservation of electronic records; (3) the assessment, implementation or upgrading of electronic records management systems; (4) the development of an essential records program, including disaster recovery; (5) the development and implementation of a real property electronic recording system; and (6) the training of personnel to perform duties integral to the maintenance and tracking of electronic records.

(b) There is established an account to be known as the "e-government records management account" which shall be a separate, nonlapsing account within the General Fund. The account shall contain any moneys required by law to be deposited in the account. Moneys in the account shall be expended by the State Librarian for the purposes of the preservation and management of electronic records, including (1) the preservation and management of records in an electronic format maintained by the State Library, and (2) the development and implementation of a state-wide electronic records management initiative for electronic records created and maintained by state agencies, municipalities and quasi-public agencies.

Sec. 3. Section 1-9 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):

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 such person shall maintain any permanent electronic record in accordance with the authentication and preservation standards for electronic documents issued by the Public Records Administrator under section 11-4d. Any person who violates any provision of this section shall be fined not more than one hundred dollars.

Sec. 4. (NEW) (Effective July 1, 2013) Except as otherwise provided by statute, "essential record" means a record necessary to (1) respond to an emergency, (2) reestablish normal operations after any such emergency, (3) protect the rights and interests of the state agency or political subdivision, and (4) protect the rights and interests of individuals for whom the state agency or political subdivision has responsibility.

Sec. 5. (NEW) (Effective July 1, 2013) (a) For the purposes of this section "public agency" means any state agency within the executive branch and any town, city, borough, district or other political subdivision of the state, including probate districts, and "essential record" has the same meaning as provided in section 4 of this act.

(b) In order to provide for the continuity of government during and following a disaster or other emergency, the administrative head of each public agency shall identify such agency's essential records. Each such administrative head shall transmit a list of essential records to the Public Records Administrator on a form prescribed by the Public Records Administrator. Each such administrative head shall review such list not less than annually to ensure its completeness, and shall notify the Public Records Administrator forthwith of any revisions made to such list.

(c) Each administrative head of a public agency shall ensure the protection of all essential records by any method approved by the Public Records Administrator. Each public agency shall incorporate the protection of essential records into any continuity of operations plan or emergency operations plan adopted by such agency.


This act shall take effect as follows and shall amend the following sections:
Section 1	October 1, 2013	7-34a
Sec. 2	October 1, 2013	New section
Sec. 3	July 1, 2013	1-9
Sec. 4	July 1, 2013	New section
Sec. 5	July 1, 2013	New section

Statement of Purpose:

To develop and implement a state-wide electronic records management initiative for public records created and maintained by state agencies, municipalities and quasi-public agencies funded by fees from land recordings, to provide for the maintenance of permanent electronic records, to define essential record and to provide for the protection of essential records to ensure the continuity of government operations following a disaster or other emergency.

[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]