Connecticut 2021 Regular Session

Connecticut House Bill HB05011 Latest Draft

Bill / Comm Sub Version Filed 05/03/2021

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repealed and the following is substituted in lieu thereof (Effective October 2 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repealed and the following is substituted in lieu thereof (Effective October 28 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