Connecticut 2021 Regular Session Status: Passed House 4 D cosponsors

HB 5011 — AN ACT CONCERNING THE COPYING OF PUBLIC RECORDS UNDER THE FREEDOM OF INFORMATION ACT WITH A HAND-HELD SCANNER.

Last action — FILE NO. 696

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed House
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2021 Regular Session. It reached “Passed House” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Bill Text

What changed in the latest version

115 added · 102 removed

115 line(s) added, 102 removed.

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General Assembly Substitute Bill No.
House of Representatives File No.
5011 January Session, 2021 AN ACT CONCERNING THE COPYING OF PUBLIC RECORDS UNDER THE FREEDOM OF INFORMATION ACT.
696 General Assembly January Session, 2021(Reprint of File No.
465) Substitute House Bill No.
5011 As Amended by House Amendment Schedule "A" Approved by the Legislative Commissioner May 20, 2021 AN ACT CONCERNING THE COPYING OF PUBLIC RECORDS UNDER THE FREEDOM OF INFORMATION ACT WITH A HAND-HELD SCANNER.
[The] Except as provided in subsection (g) of this section and section 7-34a, as amended by this act, the fee for any copy of a record other than a land record provided by a public agency in accordance with the Freedom of Information Act [:
[The] Except as provided in subsection (g) of this section, the fee for any copy provided in accordance with the Freedom of Information Act:
(A) By an executive, administrative or legislative office of the state, a state agency or a department, institution, bureau, board, commission, authority or official of the state, including a committee of, or created by, such an office, agency, department, institution, bureau, board, commission, authority or official, and also including any judicial office, official or body or committee thereof but only in respect to its or their LCO \\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-05011-R031 of 4 HB.docx Substitute Bill No.
(A) By an executive, administrative or legislative office of the state, a sHB5011 / File No.
5011 administrative functions, shall not exceed twenty-five cents per page;
696 sHB5011 File No.
and (B) By all other public agencies, as defined in section 1-200,] shall not exceed [fifty] fifteen cents per page.
696 state agency or a department, institution, bureau, board, commission, authority or official of the state, including a committee of, or created by, such an office, agency, department, institution, bureau, board, commission, authority or official, and also including any judicial office, official or body or committee thereof but only in respect to its or their administrative functions, shall not exceed twenty-five cents per page;
and (B) By all other public agencies, as defined in section 1-200, shall not exceed fifty cents per page.
Subsection (e) of section 1-212 of the general statutes is repealed andthefollowing issubstituted inlieuthereof(EffectiveOctober 1, 2021):
(e) Except as otherwise provided by law, the fee for any person who has the custody of any public records or files for certifying any copy of such records or files, or certifying to any fact appearing therefrom, shall befor thefirst page ofsuchcertificate, or copyandcertificate, onedollar;
and for each additional page, [fifty] fifteen cents.
For the purpose of computing such fee, such copy and certificate shall be deemed to be one continuous instrument.
Sec.
3.
"Hand-held scanner" includes, but is not limited to, a mobile telephone LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-05011- 2 of 4 R03-HB.docx } Substitute Bill No.
"Hand-held scanner" includes, but is not limited to, a mobile telephone or camera.
5011 or camera.
Sec.
4.
Subdivision (1) of subsection (a) of section 7-34a of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2021):
(a) (1) 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 clerksshall receive, for recording theinformation 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 theSecretaryoftheOfficeofPolicyandManagementinaccordancewith section10-261b,twodollarsinadditiontotheregularrecordingfee.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 ofthegrantee, five dollarsinadditionto theregular recording fee.Town clerks shall receive, for filing any document, ten dollars;
for receiving and keeping a survey or map, legally filed in the town clerk's office, ten dollars;andforindexingsuchsurveyormap,inaccordance withsection 7-32,tendollars,exceptwithrespecttoindexinganysuchsurveyormap LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-050113 of 4 R03-HB.docx } Substitute Bill No.
5011 pertaining to a subdivision of land as defined in section 8-18, in which event town clerks shall receive twenty dollars for each such indexing.
Town clerks shall receive, for a copy, in any format, of any document either recorded or filedin their offices that constitutes a land record, 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, twenty dollars;
and for certifying under seal to the official character of a notary, five dollars.
2 October 1, 2021 1-212(e) Sec.
2 October 1, 2021 1-212(g) sHB5011 / File No.
3 October 1, 2021 1-212(g) Sec.
696 sHB5011 File No.
4 October 1, 2021 7-34a(a)(1) GAE Joint Favorable Subst.
696 The following Fiscal Impact Statement and Bill Analysis are prepared for the benefit of the members of the General Assembly, solely for purposes of information, summarization and explanation and do not represent the intent of the General Assembly or either chamber thereof for any purpose.
-LCO PD Joint Favorable LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-05011- 4 of 4 R03-HB.docx }
In general, fiscal impacts are based upon a variety of informational sources, including the analyst’s professional knowledge.
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Whenever applicable, agency data is consulted as part of the analysis, however final products do not necessarily reflect an assessment from any specific department.
OFA Fiscal Note State Impact:
None Municipal Impact:
Municipalities Effect FY 22 $ FY 23 $ All Municipalities STATE Minimal Minimal MANDATE - Revenue Loss Explanation The bill will result in a minimal revenue loss associated with changing the fee structure for the copying of land records using a handheld scanner.
House “A” strikes the original bill and its associated fiscal impact, thus becoming the bill with the above referenced fiscal impact.
The Out Years The annualized ongoing fiscal impact identified above would continue into the future subject to inflation.
1State mandate is defined in Sec.
2-32b(2) of the Connecticut General Statutes, "state mandate" means any state initiated constitutional, statutory or executive action that requires a local government to establish, expand or modify its activities in such a way as to necessitate additional expenditures from local revenues.
sHB5011 / File No.
696 sHB5011 File No.
696 OLR Bill Analysis sHB 5011 (as amended by House "A")* AN ACT CONCERNING THE COPYING OF PUBLIC RECORDS UNDER THE FREEDOM OF INFORMATION ACT.
SUMMARY This bill prohibits public agencies from charging individuals a fee to copypublicrecordsundertheFreedomofInformationAct(FOIA) using a handheld scanner (e.g., mobile phone or camera).
Under current law, public agencies may establish their own fee structure, up to a maximum of $20, for each time an individual copies public records at the agency using a handheld scanner.
For land records, the bill maintains public agencies’ ability to charge these individuals up to $20 per day.
Generally, under FOIA, a public agency is any (1) state, municipal, regional, or quasi-public agency or (2) entity that is the functional equivalent of these agencies (CGS § 1-200(1)).
FOIA defines “handheld scanner” as a battery-operated electronic scanning device that (1) leaves no mark or impression on the public record and (2) does not unreasonably interfere with the public agency’s operation.
*House Amendment “A” eliminates the underlying bill’s fee reductions for public agencies to copy or certify records under FOIA.
EFFECTIVE DATE:
October 1, 2021 BACKGROUND Agency-Copied Records By law, state governmental entities may generally charge up to $0.25 per agency-copied page and other public agencies (e.g., municipalities) may charge up to $0.50 per page.
COMMITTEE ACTION Government Administration and Elections Committee sHB5011 / File No.
696 4 sHB5011 File No.
696 Joint Favorable Yea 18 Nay 0 (03/29/2021) Planning and Development Committee Joint Favorable Yea 15 Nay 10 (04/30/2021) sHB5011 / File No.
696 5
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Action History

  1. FILE NO. 696

  2. SENATE CALENDAR NUMBER 458

  3. FAV. RPT., TAB. FOR CAL., SEN.

  4. HOUSE PASSED, HOUSE AMEND. SCH. A

  5. HOUSE ADOPTED HOUSE AMEND. SCH. A

  6. TABLED FOR HOUSE CALENDAR

  7. NO NEW FILE BY COMM. ON Planning and Development

  8. RPTD. OUT OF LCO

  9. FILED WITH LCO

  10. Joint Favorable

  11. REF. BY HOUSE TO COMMITTEE ON Planning and Development

  12. FILE NO. 465

  13. HOUSE CALENDAR NUMBER 332

  14. FAV. RPT., TABLED FOR HOUSE CALENDAR

  15. RPTD. OUT OF LCO

  16. REFERRED TO Office of Legislative Research AND Office of Fiscal Analysis 04/14/21

  17. FILED WITH LCO

  18. Joint Favorable

  19. PUBLIC HEARING 0310

  20. REF. TO JOINT COMM. ON Government Administration and Elections

  21. DRAFTED BY COMMITTEE

  22. Vote to Draft

  23. REF. TO JOINT COMM. ON Government Administration and Elections

Sponsors

Sponsorship breakdown

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7 sponsors · 0 co-sponsors · 180 not signed on

Sponsors (7)

Co-sponsors (0)

None.

Not signed on (180)

180 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

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Frequently asked questions

Who sponsors HB 5011?
HB 5011 is sponsored by Jane M. Garibay (Democratic), Michel, David, Saud Anwar (Democratic), Hilda E. Santiago (Democratic), Riley, Emmett D., Brandon Chafee (Democratic), and Winkler, Michael A..
What is the current status of HB 5011?
This bill died with 2021 Regular Session. It reached “Passed House” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track HB 5011?
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