§ 24-80-107 — Reproduction on film - evidence - digital scans

(1) Any officer
of a governmental agency may cause any records, papers, or documents in his or
her custody to be photographed, microphotographed, reproduced on film, or
digitally scanned. Such reproduction shall comply with the minimum standards of
quality approved for permanent records by the department of personnel, and the
device used to reproduce such records shall be one which accurately reproduces
the original thereof in all details. A reproduction is deemed to be an original record
for all purposes, including introduction in evidence in all courts or administrative
agencies as long as the public officer with custody of the record complied with the
quality standards set by the department of personnel. A transcript, exemplification,
or certified copy thereof, for all purposes recited in this section, shall be deemed to
be a transcript, exemplification, or certified copy of the original.

(2) (a) If a public officer intends to destroy or dispose of original records that
are determined to be of legal, administrative, or historical value, the public officer
shall:

(I) Ensure that the records are photographed, microphotographed,
reproduced on photographic film, or digitally scanned, in accordance with quality
control standards set by the department of personnel;

(II) Properly certify that the photographed, microphotographed, film, or
digitally scanned reproductions of the records are true copies of the original
records;

(III) Ensure that the certified copies of the records are placed in conveniently
accessible files in an approved file format for long-term preservation and access as
determined by the department of personnel; and

(IV) Make provisions for preserving, examining, and using the certified copies
of the records.

(b) After the public officer has satisfied the requirements of subsection (2)(a)
of this section, the public officer may cause the original records from which the
photographs, microphotographs, film, or digitally scanned reproductions have been
made to be destroyed or disposed of according to methods specified in sections 24-80-103 to 24-80-106 and the rules promulgated by the department of personnel
pursuant to section 24-80-102 (12).

(c) Copies of records that are certified pursuant to subsection (2)(a) of this
section shall have the same force and effect as the original records. Copies of
records transferred from the office of their origin to the department of personnel,
when certified by the state archivist, shall have the same legal force and effect as if
certified by the original custodian of the records.

Legislative History

Source: L. 51: p. 779, � 7. CSA: C. 154, � 18(16). CRS 53: � 131-3-7. C.R.S. 1963: � 131-3-7. L. 96: (2) amended, p. 1530, � 89, effective June 1. L. 2016: Entire section amended, (HB 16-1368), ch. 231, p. 931, � 9, effective August 10. L. 2023: Entire section amended, (HB 23-1056), ch. 369, p. 2219, � 2, effective August 7.