TITLE 40

HIGHWAYS AND BRIDGES

CHAPTER 13

HIGHWAY DISTRICTS

40-1337A.  PHOTOGRAPHIC OR DIGITAL STORAGE AND USE OF HIGHWAY DISTRICT RECORDS. (1) A highway district official may reproduce and retain documents in a photographic, digital or other nonpaper medium. The medium in which a document is retained shall accurately reproduce the document in paper form during the period for which the document must be retained and shall preclude unauthorized alteration of the document.

(a)  If the medium chosen for retention is photographic, all film used must meet the quality standards of the American national standards institute (ANSI).

(b)  If the medium chosen for retention is digital, the medium must provide for reproduction on paper at a resolution of at least two hundred (200) dots per inch.

(c)  A document retained by the highway district in any form or medium permitted under this section shall be deemed an original public record for all purposes. A reproduction or copy of such a document, certified by the highway district official, shall be deemed to be a transcript or certified copy of the original and shall be admissible before any court or administrative hearing.

(d)  Once a paper document is retained in a nonpaper medium as authorized by this section, the original paper document may be disposed of or returned to the sender.

(e)  Whenever any record is reproduced by photographic or digital process as herein provided, it shall be made in duplicate, and the custodian thereof shall place one (1) copy in a fire-resistant vault, or off-site storage facility, and he shall retain the other copy in his office with suitable equipment for displaying such record at not less than original size and for making copies of the record.

(2)  A highway district may incorporate an electronic version of another agreement by reference into a contract, if:

(a)  The unsigned terms are stored in accordance with the provisions of this section;

(b)  The signed contract contains a prominently displayed notification of the incorporation by reference; and

(c)  The unsigned terms are readily available for inspection by the parties.

History:

[40-1337A, added 2015, ch. 117, sec. 1, p. 303.]