Connecticut 2021 Regular Session

Connecticut House Bill HB05011 Compare Versions

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Version 2 (New)

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7	7		General Assembly Substitute Bill No. 5011
8	8		January Session, 2021
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12	12		AN ACT CONCERNING TH E COPYING OF PUBLIC RECORDS UNDER
13	13		THE FREEDOM OF INFOR MATION ACT.
14	14		Be it enacted by the Senate and House of Representatives in General
15	15		Assembly convened:
16	16
17	17		Section 1. Subsection (a) of section 1-212 of the general statutes is 1
18	18		repealed and the following is substituted in lieu thereof (Effective October 2
19	19		1, 2021): 3
20	20		(a) Any person applying in writing shall receive, promptly upon 4
21	21		request, a plain, facsimile, electronic or certified copy of any public 5
22	22		record. The type of copy provided shall be within the discretion of the 6
23	23		public agency, except (1) the agency shall provide a certified copy 7
24	24		whenever requested, and (2) if the applicant does not have access to a 8
25	25		computer or facsimile machine, the public agency shall not send the 9
26	26		applicant an electronic or facsimile copy. [The] Except as provided in 10
27	27		subsection (g) of this section and section 7-34a, as amended by this act, 11
28	28		the fee for any copy of a record other than a land record provided by a 12
29	29		public agency in accordance with the Freedom of Information Act [: 13
30	30		(A) By an executive, administrative or legislative office of the state, a 14
31	31		state agency or a department, institution, bureau, board, commission, 15
32	32		authority or official of the state, including a committee of, or created by, 16
33	33		such an office, agency, department, institution, bureau, board, 17
34		-	commission, authority or official, and also including any judicial office, 18
35		-	official or body or committee thereof but only in respect to its or their 19 Substitute Bill No. 5011
	34	+	commission, authority or official, and also including any judicial office, 18 Substitute Bill No. 5011
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	41	+	official or body or committee thereof but only in respect to its or their 19
42	42		administrative functions, shall not exceed twenty-five cents per page; 20
43	43		and 21
44	44		(B) By all other public agencies, as defined in section 1-200,] shall not 22
45	45		exceed [fifty] fifteen cents per page. If any copy provided in accordance 23
46	46		with [said] the Freedom of Information Act requires a transcription, or 24
47	47		if any person applies for a transcription of a public record, the fee for 25
48	48		such transcription shall not exceed the cost thereof to the public agency. 26
49	49		Sec. 2. Subsection (e) of section 1-212 of the general statutes is 27
50	50		repealed and the following is substituted in lieu thereof (Effective October 28
51	51		1, 2021): 29
52	52		(e) Except as otherwise provided by law, the fee for any person who 30
53	53		has the custody of any public records or files for certifying any copy of 31
54	54		such records or files, or certifying to any fact appearing therefrom, shall 32
55	55		be for the first page of such certificate, or copy and certificate, one dollar; 33
56	56		and for each additional page, [fifty] fifteen cents. For the purpose of 34
57	57		computing such fee, such copy and certificate shall be deemed to be one 35
58	58		continuous instrument. 36
59	59		Sec. 3. Subsection (g) of section 1-212 of the general statutes is 37
60	60		repealed and the following is substituted in lieu thereof (Effective October 38
61	61		1, 2021): 39
62	62		(g) Any individual may copy a public record through the use of a 40
63	63		hand-held scanner. A public agency [may establish a fee structure not 41
64	64		to exceed twenty dollars for an] shall not charge a fee to any individual 42
65	65		[to pay each time the individual] who copies records at the agency with 43
66	66		a hand-held scanner, except that a public agency may establish a fee 44
67	67		structure not to exceed twenty dollars per day for the copying of land 45
68	68		records using a hand-held scanner. As used in this section, "hand-held 46
69	69		scanner" means a battery operated electronic scanning device the use of 47
70	70		which (1) leaves no mark or impression on the public record, and (2) 48
71		-	does not unreasonably interfere with the operation of the public agency. 49
72		-	"Hand-held scanner" includes, but is not limited to, a mobile telephone 50 Substitute Bill No. 5011
	71	+	does not unreasonably interfere with the operation of the public agency. 49 Substitute Bill No. 5011
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	78	+	"Hand-held scanner" includes, but is not limited to, a mobile telephone 50
79	79		or camera. 51
80	80		Sec. 4. Subdivision (1) of subsection (a) of section 7-34a of the general 52
81	81		statutes is repealed and the following is substituted in lieu thereof 53
82	82		(Effective October 1, 2021): 54
83	83		(a) (1) Town clerks shall receive, for recording any document, ten 55
84	84		dollars for the first page and five dollars for each subsequent page or 56
85	85		fractional part thereof, a page being not more than eight and one-half by 57
86	86		fourteen inches. Town clerks shall receive, for recording the information 58
87	87		contained in a certificate of registration for the practice of any of the 59
88	88		healing arts, five dollars. Town clerks shall receive, for recording 60
89	89		documents conforming to, or substantially similar to, section 47-36c, 61
90	90		which are clearly entitled "statutory form" in the heading of such 62
91	91		documents, as follows: For the first page of a warranty deed, a quitclaim 63
92	92		deed, a mortgage deed, or an assignment of mortgage, ten dollars; for 64
93	93		each additional page of such documents, five dollars; and for each 65
94	94		assignment of mortgage, subsequent to the first two assignments, two 66
95	95		dollars. Town clerks shall receive, for recording any document with 67
96	96		respect to which certain data must be submitted by each town clerk to 68
97	97		the Secretary of the Office of Policy and Management in accordance with 69
98	98		section 10-261b, two dollars in addition to the regular recording fee. Any 70
99	99		person who offers any written document for recording in the office of 71
100	100		any town clerk, which document fails to have legibly typed, printed or 72
101	101		stamped directly beneath the signatures the names of the persons who 73
102	102		executed such document, the names of any witnesses thereto and the 74
103	103		name of the officer before whom the same was acknowledged, shall pay 75
104	104		one dollar in addition to the regular recording fee. Town clerks shall 76
105	105		receive, for recording any deed, except a mortgage deed, conveying title 77
106	106		to real estate, which deed does not contain the current mailing address 78
107	107		of the grantee, five dollars in addition to the regular recording fee. Town 79
108	108		clerks shall receive, for filing any document, ten dollars; for receiving 80
109	109		and keeping a survey or map, legally filed in the town clerk's office, ten 81
110		-	dollars; and for indexing such survey or map, in accordance with section 82
111		-	7-32, ten dollars, except with respect to indexing any such survey or map 83 Substitute Bill No. 5011
	110	+	dollars; and for indexing such survey or map, in accordance with section 82 Substitute Bill No. 5011
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	117	+	7-32, ten dollars, except with respect to indexing any such survey or map 83
118	118		pertaining to a subdivision of land as defined in section 8-18, in which 84
119	119		event town clerks shall receive twenty dollars for each such indexing. 85
120	120		Town clerks shall receive, for a copy, in any format, of any document 86
121	121		either recorded or filed in their offices that constitutes a land record, one 87
122	122		dollar for each page or fractional part thereof, as the case may be; for 88
123	123		certifying any copy of the same, two dollars; for making a copy of any 89
124	124		survey or map, the actual cost thereof; and for certifying such copy of a 90
125	125		survey or map, two dollars. Town clerks shall receive, for recording the 91
126	126		commission and oath of a notary public, twenty dollars; and for 92
127	127		certifying under seal to the official character of a notary, five dollars. 93
128	128		This act shall take effect as follows and shall amend the following
129	129		sections:
130	130
131	131		Section 1 October 1, 2021 1-212(a)
132	132		Sec. 2 October 1, 2021 1-212(e)
133	133		Sec. 3 October 1, 2021 1-212(g)
134	134		Sec. 4 October 1, 2021 7-34a(a)(1)
135	135
	136	+	Statement of Legislative Commissioners:
	137	+	In Section 3, the second sentence was revised for conciseness.
136	138
137	139		GAE Joint Favorable Subst. -LCO
138		-	PD Joint Favorable
139	140