Arkansas State Laws on Optical Images
State Archivist and Records Manager:
Arkansas History Commission
One Capitol Mall, Little Rock AR 72201
501-682-6900
CHAPTER 46
DOCUMENTARY EVIDENCE GENERALLY
SUBCHAPTER. 1. GENERAL PROVISIONS.
3. HOSPITAL RECORDS ACT.
SUBCHAPTER 1 -- GENERAL PROVISIONS
sECTION. SECTION.
16-46-101. Recordation of certain certi- 16-46-106. Access to medical records.
fied copies -- Photo- 16-46-107. Identification of medical bills
graphic copies of business at trial.
and public records.
16-46-101. Recordation of certain certified copies -- Photo-
graphic copies of business and public records.
(a)(1) The clerk of any court of record may record any certified copy
of any instrument by attaching the certified copy to his record book so
as to make the copy be and become a part of the record to the extent
that the copy cannot be detached, and the copy shall be legally recorded
when the attachment has been made by the clerk. This subdivision
shall apply to plats, blueprints, and photostatic copies only.
(2) The county recorders, clerks of courts of record, and any public
officer whose duty it is to make public records are authorized to use
and employ an approved system of photographic recording when pro-
vided with equipment necessary for such method of recording.
(b)(1) If any business, institution, member of a profession or calling,
or any department or agency of government, in the regular course of
business or activity has kept or recorded any memorandum, writing,
entry, print, representation, or combination thereof, of any act, trans-
action, occurrence, or event, and in the regular course of business has
caused any or all of the same to be recorded, copied, or reproduced by
any photographic, photostatic, microfilm, microcard, miniature photo-
graphic, optical disk, or other process which accurately reproduces or
forms a durable medium for so reproducing the original, the original
may be destroyed in the regular course of business unless its preserva-
tion is required by law.
(2) The reproduction, when satisfactorily identified, is as admissible
in evidence as the original itself in any judicial or administrative pro-
ceeding whether the original is in existence or not.
(3) An enlargement or facsimile of the reproduction is likewise ad-
missible in evidence if the original reproduction is in existence and
available for inspection under direction of the court.
(4) The introduction of a reproduced record, enlargement, or facsim-
ile does not preclude admission of the original.
VOLUME 14
TITLE 16: PRACTICE, PROCEDURE,
AND COURTS
(CHAPTERS 1-54)
CHAPTER 46
DOCUMENTARY EVIDENCE GENERALLY
SUBCHAPTER.
1. GENERAL PROVISIONS.
2. PUBLIC RECORDS AS EVIDENCE GENERALLY.
3. HOSPITAL RECORDS ACT.
SUBCHAPTER 1 -- GENERAL PROVISIONS
SECTION.
16-46-101. Recordation of certain certi-
fied copies -- Photo-
graphic copies of business
and public records.
16-46-102. Writing filed with pleading
read as genuine unless de-
nied.
16-46-103. Surveys.
SECTION.
16-46-104. Investigations of attendance
at places of public amuse-
ment.
16-46-105. Records of, and testimony be-
fore, committees review-
ing and evaluating quality
of medical or hospital care.
Effective Dates. Acts 1953, No. 64,
§ 2: Feb. 13, 1953. Emergency clause pro-
vided: "It has been found that great diffi-
culty and confusion exists in the applica-
tion of rules of evidence respecting public
and business records and that enactment
of this law will greatly alleviate this situ-
ation and provide for more efficient ad-
ministration of justice. Therefore, an
emergency is hereby declared to exist and
this Act being necessary for the immedi-
ate preservation of the public peace,
health and safety, shall be in full force
and effect from and after its passage and
approval."
Acts 1957, No. 294, § 5: Mar. 27, 1957.
Emergency clause provided: "Because the
alleged results of blind checking are be-
ing used by those engaged in contracting
film and other forms of amusement and
entertainment upon a percentage rental
basis to intimidate exhibitors to settle
rental claims for an amount in excess of
the amount shown by the books of said
exhibitors in order to avoid threats of liti-
gation and the resulting adverse public-
ity, and this Act being necessary for the
preservation of the public peace, health,
and safety, an emergency is hereby de-
clared to exist, and this Act shall be in
full force and effect from and after its pas-
sage and approval."
Acts 1977, No. 445, § 6: became law
without Governor's signature, Mar. 16,
1977. Emergency clause provided: '"it is
hereby found and declared by the General
Assembly of the State of Arkansas that in
order to insure candor, objectivity and the
presentation of all pertinent information
sought by committees reviewing the qual-
ity of medical and hospital care and thus
contribute to the effective functioning of
committees striving to determine and im-
prove such care, an absolute privilege of
confidentiality should be afforded to data
elicited during the course of such inqui-
ries and that the privilege of confidential-
ity should be provided for as soon as possi-
ble. Therefore, an emergency is hereby
declared to exist, and this Act, being nec-
essary for the immediate preservation of
the public peace, health and safety, shall
be in effect from the date of its passage
and approval."
16-46-101. Recordation of certain certified copies--Photo.
graphic copies of business and public records.
(a)(1) The clerk of any court of record may record any certified copy
of any instrument by attaching the certified copy to his record book so
as to make the copy be and become a part of the record to the extent
that the copy cannot be detached, and the copy shall be legally recorded
when the attachment has been made by the clerk. This subdivision
shall apply to plats, blueprints, and photostatic copies only.
(2) The county recorders, clerks of courts of record, and any public
officer whose duty it is to make public records are authorized to use
and employ an approved system of photographic recording when pro-
vided with equipment necessary for such method of recording.
(b)(1) If any business, institution, member of a profession or calling,
or any department or agency of government, in the regular course of
business or activity has kept or recorded any memorandum, writing,
entry, print, representation, or combination thereof, of any act, trans-
action, occurrence, or event, and in the regular course of business has
caused any or all of the same to be recorded, copied, or reproduced by
any photographic, photostatic, microfilm, microcard, miniature photo-
graphic, or other process which accurately reproduces or forms a dura-
ble medium for so reproducing the original, the original may be de-
stroyed in the regular course of business unless its preservation is
required by law.
(2) The reproduction, when satisfactorily identified, is as admissible
in evidence as the original itself in any judicial or administrative pro-
ceeding whether the original is in existence or not.
(3) An enlargement or facsimile of the reproduction is likewise ad-
missible in evidence if the original reproduction is in existence and
available for inspection under direction of the court.
(4) The introduction of a reproduced record, enlargement, or facsim-
ile does not preclude admission of the original.
ACT 454
AN ACT to Amend Arkansas Code 16-46-101 to
Authorize County Recorders, Court Clerks, and
Other Public Officers to Destroy Original Doc-
uments Once Recorded by Photographic, Pho-
tostatic, Microfilm, Microcard, Optical Disc or
Other Process Which Accurately Forms a
Durable Medium for Reproducing the Original;
and for Other Purposes.
Subtitle
TO AUTHORIZE County Recorders, Court Clerks,
and Other Public Officers to Destroy Original
Documents Once Recorded by a Process Which
Forms a Durable Medium for Reproducing the
Original.
Be It Enacted by the General Assembly of the State
of Arkansas:
SECTION 1. Arkansas Code 16-46-101(a)(2)
is amended to read as follows:
"(2) The county recorders, clerks of courts of
record, and any public officer whose duty it is to
make public records are authorized to use and
employ an approved system of photographic record-
ing, photostatic recording, microfilm, microcard,
miniature photographic recording, optical disc, or
other process which accurately reproduces or forms
a durable medium for reproducing the original
when provided with equipment necessary for such
method of recording. When any document is
recorded by the means prescribed by this subdivi-
sion, the original may be destroyed unless its
preservation is required by law."
SECTION 2. All provisions of this act of a
general and permanent nature are amendatory to
the Arkansas Code of 1987 Annotated and the
Arkansas Code Revision Commission shall incor-
porate the same in the Code.
SECTION 3. If any provision of this act or the
application thereof to any person or circumstance is
held invalid, such invalidity shall not affect other
provisions or applications of the act which can be
given effect without the invalid provision or appli-
cation, and to this end the provisions of this act
are declared to be severable.
SECTION 4. All laws and parts of laws in con-
flict with this act are hereby repealed.
APPROVED: February 27, 1995.
ACT 566
AN ACT to Amend Arkansas Code 16-46-101 to
Authorize Record Keeping Using Electronic
Imaging; and for Other Purposes.
Subtitle
TO AUTHORIZE Record Keeping Using Electronic
Imaging
Be It Enacted by the General Assembly of the State
of Arkansas:
SECTION 1. Arkansas Code 16-46-101 is
amended to read as follows:
"16-46-101. Recordation of certain certified
copies - Photographic copies of business and public
records.
(a)(1) The clerk of any court of record may
record any certified copy of any instrument by
attaching the certified copy to his record book so as
to make the copy be and become a part of the record
to the extent that the copy cannot be detached, and
the copy shall be legally recorded when the attach-
ment has been made by the clerk. This subdivision
shall apply to plats, blueprints, and photostatic
copies only.
(2) The county recorders, clerks of courts
of record, and any public officer whose duty it is to
make public records are authorized to use and
employ an approved system of photographic record-
ing when provided with equipment necessary for
such method of recording.
(b)(1) If any business, institution, member of a
profession or calling, or any department or agency
of government, in the regular course of business or
activity has kept or recorded any memorandum,
writing, entry, print, representation, or combina-
tion thereof, of any act, transaction, occurrence, or
event, and in the regular course of business has
caused any or all of the same to be recorded, copied,
or reproduced by any photographic, photostatic,
microfilm, microcard, miniature photographic, opti-
cal disk, electronic imaging, or other process which
accurately reproduces or forms a durable medium
for so reproducing the original, the original may
be destroyed in the regular course of business
unless its preservation is required by law.
(2) The reproduction, when satisfactorily
identified, is as admissible in evidence as the orig-
inal itself in any judicial or administrative pro-
ceeding whether the original is in existence or not.
(3) An enlargement or facsimile of the
reproduction is likewise admissible in evidence if
the original reproduction is in existence and avail-
able for inspection under direction of the court.
(4) The introduction of a reproduced record,
enlargement, or facsimile does not preclude admis-
sion of the original."
SECTION 2. All provisions of this act of a
general and permanent nature are amendatory to
the Arkansas Code of 1987 Annotated and the
Arkansas Code Revision Commission shall incor-
porate the same in the Code.
SECTION 3. If any provision of this act or the
application thereof to any person or circumstance is
held invalid, such invalidity shall not affect other
--vl
provisions or applications of the act which can be
given effect without the invalid provision or appli-
cation, and to this end the provisions of this act
are declared to be severable.
SECTION 4. All laws and parts of laws in con-
flict with this act are hereby repealed.
APPROVED: March 9, 1995.
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