| Old | New | Differences | |
|---|---|---|---|
| 1 | - | General Assembly Substitute Bill No. 246 | |
| 2 | - | February Session, 2014 *_____SB00246GAE___032014____* | |
| 1 | + | General Assembly Raised Bill No. 246 | |
| 2 | + | February Session, 2014 LCO No. 1439 | |
| 3 | + | *01439_______GAE* | |
| 4 | + | Referred to Committee on GOVERNMENT ADMINISTRATION AND ELECTIONS | |
| 5 | + | Introduced by: | |
| 6 | + | (GAE) | |
| 3 | 7 | ||
| 4 | 8 | General Assembly | |
| 5 | 9 | ||
| 6 | - | ||
| 10 | + | Raised Bill No. 246 | |
| 7 | 11 | ||
| 8 | 12 | February Session, 2014 | |
| 9 | 13 | ||
| 10 | - | *_____SB00246GAE___032014____* | |
| 14 | + | LCO No. 1439 | |
| 15 | + | ||
| 16 | + | *01439_______GAE* | |
| 17 | + | ||
| 18 | + | Referred to Committee on GOVERNMENT ADMINISTRATION AND ELECTIONS | |
| 19 | + | ||
| 20 | + | Introduced by: | |
| 21 | + | ||
| 22 | + | (GAE) | |
| 11 | 23 | ||
| 12 | 24 | AN ACT CONCERNING THE PROTECTION OF STATE AND MUNICIPAL ESSENTIAL RECORDS AND THE PRESERVATION OF ELECTRONIC RECORDS. | |
| 13 | 25 | ||
| 14 | 26 | Be it enacted by the Senate and House of Representatives in General Assembly convened: | |
| 15 | 27 | ||
| 16 | 28 | Section 1. Section 1-9 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2014): | |
| 17 | 29 | ||
| 18 | - | 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 | |
| 30 | + | 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 having custody of such a record or register shall maintain any permanent electronic record in accordance with the authentication and preservation standards for electronic documents issued by the Public Records Administrator. Any person who violates any provision of this section shall be fined not more than one hundred dollars. | |
| 19 | 31 | ||
| 20 | 32 | Sec. 2. (NEW) (Effective July 1, 2014) As used in this section, "public agency" and "public record" have the same meanings assigned to such terms in section 1-200 of the general statutes. Each public agency shall designate and maintain an official record copy of each public record as the legally recognized copy for records retention, preservation and authentication purposes in accordance with chapter 188 of the general statutes. | |
| 21 | 33 | ||
| 22 | 34 | Sec. 3. Section 11-8 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2014): | |
| 23 | 35 | ||
| 24 | - | (a) Under the direction of the State Library Board, the State Librarian shall be responsible for developing and directing a records management program for the books, records, papers and documents of all state agencies within the executive department, and the books, records, papers and documents of the several towns, cities, boroughs, districts and other political subdivisions of the state, pursuant to the provisions of section 11-8a. The State Librarian shall also supervise the operation of state records centers; [provide photoduplication and microfilming service and document repair and restoration service for state and local records;] approve security storage facilities, within or [without] outside of the state, or establish and operate such facilities within the state, for the safe storage of original public records or security copies | |
| 36 | + | (a) Under the direction of the State Library Board, the State Librarian shall be responsible for developing and directing a records management program for the books, records, papers and documents of all state agencies within the executive department, and the books, records, papers and documents of the several towns, cities, boroughs, districts and other political subdivisions of the state, pursuant to the provisions of section 11-8a. The State Librarian shall also supervise the operation of state records centers; [provide photoduplication and microfilming service and document repair and restoration service for state and local records;] approve security storage facilities, within or [without] outside of the state, or establish and operate such facilities within the state, for the safe storage of original public records or security copies thereof; and carry out a program for the identification and [preservation] protection of essential records, as defined in section 4 of this act, of the state and [of] its political subdivisions. | |
| 25 | 37 | ||
| 26 | 38 | (b) The State Librarian shall, with the approval of the State Library Board, and in accordance with the provisions of chapter 54, adopt regulations for the creation and preservation of the records of the several towns, cities, boroughs and districts of the state. Such regulations shall establish the physical characteristics required for papers, inks, [typewriter ribbons, carbon papers, loose-leaf binders,] photographic films, electronic file formats or other supplies and materials, including photographic or other processes for recording documents, used in the creation of public records; and the design, construction and degree of fire resistance required for safes, cabinets [,] and vaults [and file rooms] in which public records are housed. | |
| 27 | 39 | ||
| 28 | 40 | (c) The State Librarian shall ascertain from time to time whether the provisions of the general statutes and of such regulations relating to the recording, filing, indexing, maintenance and disposition of such records are being carried out. The State Librarian may order any person having the care and custody of such records to comply with such statutes or with such regulations. The State Librarian shall send a copy of such order to the chief administrative officer of the town, city, borough or district to which the records relate. The order shall specify the time within which the order shall be complied with. In setting such time for compliance, the State Librarian shall take into consideration the availability of facilities or equipment or the need for the construction or purchase thereof. The State Librarian may [cause the enforcement of any such order by application] request the Attorney General to apply to the Superior Court [, or to any judge thereof if said court is not then sitting, to issue an appropriate decree or process, which application shall be brought and the proceedings thereon conducted by the Attorney General] for enforcement of such order. | |
| 29 | 41 | ||
| 30 | 42 | [(b)] (d) The State Librarian shall, subject to the provisions of chapter 67, appoint an assistant who shall be the Public Records Administrator. All powers, functions and duties assigned to the Examiner of Public Records are hereby transferred to the Public Records Administrator. | |
| 31 | 43 | ||
| 32 | 44 | Sec. 4. (NEW) (Effective July 1, 2014) (a) For the purposes of this section: | |
| 33 | 45 | ||
| 34 | - | (1) "Essential record" means a record (A) necessary to (i) respond to an emergency, (ii) reestablish normal operations after any such emergency, (iii) protect the rights and interests of a public agency, or (iv) protect the rights and interests of individuals or entities served by a public agency, or (B) that would require massive resources to reconstruct | |
| 46 | + | (1) "Essential record" means a record (A) necessary to (i) respond to an emergency, (ii) reestablish normal operations after any such emergency, (iii) protect the rights and interests of a public agency, or (iv) protect the rights and interests of individuals or entities served by a public agency, or (B) that would require massive resources to reconstruct, and | |
| 35 | 47 | ||
| 36 | - | (2) "Public agency" means any state agency within the executive branch and any town, city, borough, district or other political subdivision of the state. | |
| 48 | + | (2) "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. | |
| 37 | 49 | ||
| 38 | - | (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. Not later than January 1, 2015, 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 | |
| 50 | + | (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. Not later than January 1, 2015, 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. | |
| 39 | 51 | ||
| 40 | 52 | (c) Each administrative head of a public agency shall ensure the protection of all essential records using 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. | |
| 41 | 53 | ||
| 42 | 54 | ||
| 43 | 55 | ||
| 44 | 56 | ||
| 45 | 57 | This act shall take effect as follows and shall amend the following sections: | |
| 46 | 58 | Section 1 July 1, 2014 1-9 | |
| 47 | 59 | Sec. 2 July 1, 2014 New section | |
| 48 | 60 | Sec. 3 July 1, 2014 11-8 | |
| 49 | 61 | Sec. 4 July 1, 2014 New section | |
| 50 | 62 | ||
| 51 | 63 | This act shall take effect as follows and shall amend the following sections: | |
| 52 | 64 | ||
| 53 | 65 | Section 1 | |
| 54 | 66 | ||
| 55 | 67 | July 1, 2014 | |
| 56 | 68 | ||
| 57 | 69 | 1-9 | |
| 58 | 70 | ||
| 59 | 71 | Sec. 2 | |
| 60 | 72 | ||
| 61 | 73 | July 1, 2014 | |
| 62 | 74 | ||
| 63 | 75 | New section | |
| 64 | 76 | ||
| 65 | 77 | Sec. 3 | |
| 66 | 78 | ||
| 67 | 79 | July 1, 2014 | |
| 68 | 80 | ||
| 69 | 81 | 11-8 | |
| 70 | 82 | ||
| 71 | 83 | Sec. 4 | |
| 72 | 84 | ||
| 73 | 85 | July 1, 2014 | |
| 74 | 86 | ||
| 75 | 87 | New section | |
| 76 | 88 | ||
| 89 | + | Statement of Purpose: | |
| 77 | 90 | ||
| 91 | + | To require state and municipal agencies: To maintain electronic records in accordance with standards adopted by the Public Records Administrator, to designate an official record copy, to make a list of essential records and to make a plan for the protection of essential records in the event of an emergency. | |
| 78 | 92 | ||
| 79 | - | GAE Joint Favorable Subst. | |
| 80 | - | ||
| 81 | - | GAE | |
| 82 | - | ||
| 83 | - | Joint Favorable Subst. | |
| 93 | + | [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.] |