| 1 | 1 | | |
|---|
| 2 | 2 | | |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | 2025 -- S 0742 |
|---|
| 6 | 6 | | ======== |
|---|
| 7 | 7 | | LC001329 |
|---|
| 8 | 8 | | ======== |
|---|
| 9 | 9 | | S T A T E O F R H O D E I S L A N D |
|---|
| 10 | 10 | | IN GENERAL ASSEMBLY |
|---|
| 11 | 11 | | JANUARY SESSION, A.D. 2025 |
|---|
| 12 | 12 | | ____________ |
|---|
| 13 | 13 | | |
|---|
| 14 | 14 | | A N A C T |
|---|
| 15 | 15 | | RELATING TO PUBLIC RECORDS -- PUBLIC RECORDS ADMINISTRATI ON |
|---|
| 16 | 16 | | Introduced By: Senator Melissa A. Murray |
|---|
| 17 | 17 | | Date Introduced: March 07, 2025 |
|---|
| 18 | 18 | | Referred To: Senate Judiciary |
|---|
| 19 | 19 | | (Secretary of State) |
|---|
| 20 | 20 | | |
|---|
| 21 | 21 | | It is enacted by the General Assembly as follows: |
|---|
| 22 | 22 | | SECTION 1. Sections 38-3-2, 38-3-3, 38-3-4, 38-3-5.1, 38-3-6 and 38-3-7 of the General 1 |
|---|
| 23 | 23 | | Laws in Chapter 38-3 entitled "Public Records Administration" are hereby amended to read as 2 |
|---|
| 24 | 24 | | follows: 3 |
|---|
| 25 | 25 | | 38-3-2. Definitions. 4 |
|---|
| 26 | 26 | | For the purpose of this chapter As used in this chapter: 5 |
|---|
| 27 | 27 | | (1) "Administrator" means the public records administrator who coordinates and manages 6 |
|---|
| 28 | 28 | | the activities and responsibilities of the public records administration program. The administrator 7 |
|---|
| 29 | 29 | | shall be appointed by and serve at the pleasure of the secretary of state. 8 |
|---|
| 30 | 30 | | (1)(2) “Agency” or “public body” shall mean means any executive, legislative, judicial, 9 |
|---|
| 31 | 31 | | regulatory, administrative body of the state, or any political subdivision thereof; including, but not 10 |
|---|
| 32 | 32 | | limited to, any department, division, agency, commission, board, office, bureau, authority, any 11 |
|---|
| 33 | 33 | | school, fire, or water district, or other agency or quasi-public agency of state or local government 12 |
|---|
| 34 | 34 | | which exercises governmental functions, or any other public or private agency, person, partnership, 13 |
|---|
| 35 | 35 | | corporation, or business entity acting on behalf of any public agency. 14 |
|---|
| 36 | 36 | | (3) "Electronic" means relating to technology having electrical, digital, magnetic, wireless, 15 |
|---|
| 37 | 37 | | optical, electromagnetic, or similar capabilities. 16 |
|---|
| 38 | 38 | | (4) "Electronic record" means a record created, generated, sent, communicated, received, 17 |
|---|
| 39 | 39 | | or stored by electronic means. 18 |
|---|
| 40 | 40 | | (2)(5) “Program” shall mean means the public records administration program of the 19 |
|---|
| 41 | 41 | | |
|---|
| 42 | 42 | | |
|---|
| 43 | 43 | | LC001329 - Page 2 of 11 |
|---|
| 44 | 44 | | secretary of state. 1 |
|---|
| 45 | 45 | | (3)(6) “Public record” or “public records” shall mean means all documents, papers, letters, 2 |
|---|
| 46 | 46 | | maps, books, tapes, photographs, films, sound recordings, electronic records, or other material 3 |
|---|
| 47 | 47 | | regardless of physical form or characteristics made or received pursuant to law or ordinance or in 4 |
|---|
| 48 | 48 | | connection with the transaction of official business by any agency. 5 |
|---|
| 49 | 49 | | (4) “Public records repository” shall mean the establishment maintained by the program 6 |
|---|
| 50 | 50 | | for preservation of those public records determined by the program to have permanent value 7 |
|---|
| 51 | 51 | | warranting their continued preservation and which has been accepted by the program for transfer 8 |
|---|
| 52 | 52 | | to its custody. 9 |
|---|
| 53 | 53 | | (5)(7) “Records center” shall mean an establishment maintained by the program for the 10 |
|---|
| 54 | 54 | | means a facility, under the direction of the administrator that provides storage, processing, 11 |
|---|
| 55 | 55 | | servicing, and security of public records that must be retained for varying periods of time but need 12 |
|---|
| 56 | 56 | | not be retained in an agency’s office equipment or space. 13 |
|---|
| 57 | 57 | | (6)(8) “Records control schedule” or "records retention schedule" shall mean means the 14 |
|---|
| 58 | 58 | | document or documents establishing the official retention, maintenance, and disposal requirements 15 |
|---|
| 59 | 59 | | for a record or record series, or type of record based on upon any administrative, legal, fiscal, and/or 16 |
|---|
| 60 | 60 | | historical values for the scheduled records value related to that record or records series. 17 |
|---|
| 61 | 61 | | (9) "Record copy" means the record that an agency designates as the official record for 18 |
|---|
| 62 | 62 | | legal and business purposes, and to which the agency applies records management policy measures 19 |
|---|
| 63 | 63 | | for the protection, security, maintenance and/or preservation thereof. 20 |
|---|
| 64 | 64 | | (10) "Records officer" means the representative designated by an agency as responsible for 21 |
|---|
| 65 | 65 | | the operation of the records management program for the agency and related communications with 22 |
|---|
| 66 | 66 | | the public records administration. 23 |
|---|
| 67 | 67 | | (11) "Record series" means a collection of records maintained as a group and derived from 24 |
|---|
| 68 | 68 | | or related to a particular subject, activity or function of an agency. 25 |
|---|
| 69 | 69 | | (12) "Retention" means the duration of time that a record, record series, or other 26 |
|---|
| 70 | 70 | | information shall be maintained in its original form. 27 |
|---|
| 71 | 71 | | (13) "Secretary" means the Rhode Island secretary of state. 28 |
|---|
| 72 | 72 | | (14) "State archives" means the official state repository or any other repository approved 29 |
|---|
| 73 | 73 | | by the state archivist for long-term or permanent records. 30 |
|---|
| 74 | 74 | | (15) "State archivist" means the individual who coordinates, directs, and administers the 31 |
|---|
| 75 | 75 | | activities and responsibilities of the state archives. 32 |
|---|
| 76 | 76 | | 38-3-3. Public records administration program. 33 |
|---|
| 77 | 77 | | (a) The public records administration program shall be organized as deemed necessary by 34 |
|---|
| 78 | 78 | | |
|---|
| 79 | 79 | | |
|---|
| 80 | 80 | | LC001329 - Page 3 of 11 |
|---|
| 81 | 81 | | the secretary of state for the proper discharge of its duties and responsibilities under this chapter. 1 |
|---|
| 82 | 82 | | All personnel, furnishings, equipment, finances, property, and contractual arrangements of the 2 |
|---|
| 83 | 83 | | public records administration shall be the responsibility of the secretary of state. 3 |
|---|
| 84 | 84 | | (b) There shall be a public records advisory commission consisting of seventeen (17) 4 |
|---|
| 85 | 85 | | members, one of whom shall be a member of the senate chosen by the president of the senate, one 5 |
|---|
| 86 | 86 | | of whom shall be a member of the house of representatives chosen by the speaker of the house, six 6 |
|---|
| 87 | 87 | | (6) of whom shall be chosen by the governor, and seven (7) of whom shall be chosen by the 7 |
|---|
| 88 | 88 | | secretary of state. The secretary of state or designee shall serve as a permanent member of the 8 |
|---|
| 89 | 89 | | commission. The state archivist shall serve as a permanent member of the commission. The 9 |
|---|
| 90 | 90 | | appointments shall consist of persons who are qualified by training and experience with proven 10 |
|---|
| 91 | 91 | | interest in historical records and public records management. In the first instance, five (5) members 11 |
|---|
| 92 | 92 | | shall be appointed for a one year term, two (2) by the governor and three (3) by the secretary of 12 |
|---|
| 93 | 93 | | state; five (5) members shall be appointed for a two (2) year term, one by the speaker of the house, 13 |
|---|
| 94 | 94 | | one by the president of the senate, two (2) by the governor, and one by the secretary of state; five 14 |
|---|
| 95 | 95 | | (5) members shall be appointed for a three (3) year term, two (2) by the governor, and three (3) by 15 |
|---|
| 96 | 96 | | the secretary of state. The members shall hold office until July 1, in the years in which their 16 |
|---|
| 97 | 97 | | respective terms end. Thereafter, prior to July 1, successors shall be appointed to the commission 17 |
|---|
| 98 | 98 | | to the members of the commission whose terms expired. Vacancy of a member shall be filled by 18 |
|---|
| 99 | 99 | | appointment by the corresponding authority for the remainder of the unexpired terms. 19 |
|---|
| 100 | 100 | | (c) The secretary of state or designee shall serve as the chairperson of the commission. The 20 |
|---|
| 101 | 101 | | state archivist or designee shall serve as the secretary of the commission with voting rights. 21 |
|---|
| 102 | 102 | | (d) It shall be the duty of the public records advisory commission to provide professional 22 |
|---|
| 103 | 103 | | and technical assistance to the public records administration program, the state archives, and the 23 |
|---|
| 104 | 104 | | local governments of the state in all matters relating to the administration of public records. 24 |
|---|
| 105 | 105 | | Members of the commission shall serve without pay. 25 |
|---|
| 106 | 106 | | (e) The secretary of state may appoint an administrator of the program and shall establish 26 |
|---|
| 107 | 107 | | his or her qualifications other than the professional competence required. The administrator shall 27 |
|---|
| 108 | 108 | | coordinate, direct, and administer the activities and responsibilities of the program. The 28 |
|---|
| 109 | 109 | | administrator shall serve at the pleasure of the secretary of state. 29 |
|---|
| 110 | 110 | | (f) The program may make and enter into contracts and agreements with other agencies, 30 |
|---|
| 111 | 111 | | organizations, associations, corporations, and individuals, or federal agencies as it may determine 31 |
|---|
| 112 | 112 | | are necessary, expedient, or incidental to the performance of its duties or the execution of its powers 32 |
|---|
| 113 | 113 | | under this chapter. 33 |
|---|
| 114 | 114 | | (g) The program shall adopt rules and regulations deemed necessary to carry out its duties 34 |
|---|
| 115 | 115 | | |
|---|
| 116 | 116 | | |
|---|
| 117 | 117 | | LC001329 - Page 4 of 11 |
|---|
| 118 | 118 | | and responsibilities under this chapter which rules shall be binding on all agencies and persons 1 |
|---|
| 119 | 119 | | affected thereby. The willful violation of any of the rules and regulations adopted by the program 2 |
|---|
| 120 | 120 | | shall constitute a misdemeanor. 3 |
|---|
| 121 | 121 | | (h) The program may accept gifts, grants, bequests, loans, and endowments for purposes 4 |
|---|
| 122 | 122 | | not inconsistent with its responsibilities under this chapter. 5 |
|---|
| 123 | 123 | | 38-3-4. Duties of administrator. 6 |
|---|
| 124 | 124 | | (a) It shall be the duty and responsibility of the administrator to render all services required 7 |
|---|
| 125 | 125 | | by the program herein set forth that can advantageously and effectively be centralized. The office 8 |
|---|
| 126 | 126 | | shall perform such other functions and duties as the secretary of state may direct. 9 |
|---|
| 127 | 127 | | (b) The administrator shall supervise, direct, and coordinate the activities of the program. 10 |
|---|
| 128 | 128 | | (c) The administrator shall be designated “the public records administrator”. 11 |
|---|
| 129 | 129 | | It shall be the duty and responsibility of the administrator to: 12 |
|---|
| 130 | 130 | | (1) Establish and administer a public records management program, for public bodies 13 |
|---|
| 131 | 131 | | which shall be primarily responsible for assisting state agencies and cities and towns with the care 14 |
|---|
| 132 | 132 | | and management of public records, including the operation of a record center or centers, and apply 15 |
|---|
| 133 | 133 | | efficient and economical management methods relating to the creation, utilization, retention, 16 |
|---|
| 134 | 134 | | preservation, and disposal of records or the transfer of permanent records to the state archives. 17 |
|---|
| 135 | 135 | | (2) Establish and administer a local government records program which shall be primarily 18 |
|---|
| 136 | 136 | | responsible for assisting cities and towns with the care and management of their public records. 19 |
|---|
| 137 | 137 | | The program shall be charged with designing and implementing a training program for local 20 |
|---|
| 138 | 138 | | government records keepers, publishing retention schedules for the proper disposition of public 21 |
|---|
| 139 | 139 | | records in local governments, and providing technical and advisory assistance in the storage, 22 |
|---|
| 140 | 140 | | preservation and ongoing maintenance of the records of local governments. 23 |
|---|
| 141 | 141 | | (3) Analyze, develop, establish, and coordinate standards, procedures, and techniques of 24 |
|---|
| 142 | 142 | | record making and record keeping to ensure the access, security, and preservation of public records. 25 |
|---|
| 143 | 143 | | (4) Institute and maintain a training and information program including, but not limited to, 26 |
|---|
| 144 | 144 | | the publication of educational materials on all phases of records management to bring to the 27 |
|---|
| 145 | 145 | | attention of all agencies approved and current practices, methods, procedures, and devices for the 28 |
|---|
| 146 | 146 | | efficient and economical management of records. 29 |
|---|
| 147 | 147 | | (5) Make continuous surveys of record keeping operations, to examine the condition of 30 |
|---|
| 148 | 148 | | public records and recommend improvements to public officials in current records management 31 |
|---|
| 149 | 149 | | practices, space, equipment, supplies, and personnel in creating, maintaining, and making available 32 |
|---|
| 150 | 150 | | the public records in their custody. 33 |
|---|
| 151 | 151 | | (6) Establish and maintain a program, in cooperation with each agency, for the selection 34 |
|---|
| 152 | 152 | | |
|---|
| 153 | 153 | | |
|---|
| 154 | 154 | | LC001329 - Page 5 of 11 |
|---|
| 155 | 155 | | and protection of public records considered essential to the operation of government and to the 1 |
|---|
| 156 | 156 | | protection of the rights and privileges of citizens. 2 |
|---|
| 157 | 157 | | (7) Create forms for records management processes and the development of the required 3 |
|---|
| 158 | 158 | | records control schedules submitted by an agency to the program. 4 |
|---|
| 159 | 159 | | (8) Create, analyze, and uphold records control schedules of public records in the custody 5 |
|---|
| 160 | 160 | | of state and local agencies. 6 |
|---|
| 161 | 161 | | (9) Establish safeguards against unauthorized or unlawful removal or loss of records. 7 |
|---|
| 162 | 162 | | (10) Initiate appropriate action to recover records removed unlawfully or without 8 |
|---|
| 163 | 163 | | authorization. 9 |
|---|
| 164 | 164 | | (11) Preserve and administer such public records as shall be transferred to the state archives 10 |
|---|
| 165 | 165 | | according to approved conservation and security practices, and to permit them to be inspected, 11 |
|---|
| 166 | 166 | | examined, and copied at reasonable times and under supervision of the program; provided that, any 12 |
|---|
| 167 | 167 | | record placed in keeping of the program under special terms or conditions restricting their use shall 13 |
|---|
| 168 | 168 | | be made available only in accordance with the provisions of § 38-2-2. 14 |
|---|
| 169 | 169 | | (12) Provide a public research room where, upon policies established by the program, the 15 |
|---|
| 170 | 170 | | records in the state archives may be studied. 16 |
|---|
| 171 | 171 | | (13) Make certified copies under seal of any records transferred to it upon the application 17 |
|---|
| 172 | 172 | | of any person, and sign the certificates which shall have the same force and effect as if made by the 18 |
|---|
| 173 | 173 | | agency from which the records were received. The program may charge a reasonable fee for this 19 |
|---|
| 174 | 174 | | service. 20 |
|---|
| 175 | 175 | | (14) Assist agencies in identifying, securing, and transferring records of permanent legal, 21 |
|---|
| 176 | 176 | | historical or enduring value to the state archives. 22 |
|---|
| 177 | 177 | | (15) Approve emergency destruction of public records which were damaged due to 23 |
|---|
| 178 | 178 | | catastrophic, environmental, or otherwise unforeseen circumstances and pose a risk to human 24 |
|---|
| 179 | 179 | | health, but have not met their established retention. 25 |
|---|
| 180 | 180 | | (16) Submit a yearly report on the progress of the local government records program to the 26 |
|---|
| 181 | 181 | | general officers and to the general assembly. 27 |
|---|
| 182 | 182 | | (17) Request funding for the public records administration program in accordance with § 28 |
|---|
| 183 | 183 | | 38-3-3 and for the local government records program pursuant to § 42-8.1-20(e) as part of the 29 |
|---|
| 184 | 184 | | operating budget of the office of secretary of state to operate the program. 30 |
|---|
| 185 | 185 | | (18) Render all services required by the program herein set forth that can advantageously 31 |
|---|
| 186 | 186 | | and effectively be centralized. 32 |
|---|
| 187 | 187 | | (19) Facilitate the transfer of permanent records of any state or local agency, elected 33 |
|---|
| 188 | 188 | | official, or of the general assembly to the state archives for permanent preservation and public 34 |
|---|
| 189 | 189 | | |
|---|
| 190 | 190 | | |
|---|
| 191 | 191 | | LC001329 - Page 6 of 11 |
|---|
| 192 | 192 | | access. 1 |
|---|
| 193 | 193 | | (20) To perform such other functions and duties as the secretary may direct. 2 |
|---|
| 194 | 194 | | 38-3-5.1. Reproduction of public records — Destruction of original records 3 |
|---|
| 195 | 195 | | Reproduction of public records. 4 |
|---|
| 196 | 196 | | (a) If any department or agency of government, in the regular course of business or activity, 5 |
|---|
| 197 | 197 | | has kept or recorded any memorandum, writing, state tax returns, report, application, payment, 6 |
|---|
| 198 | 198 | | entry, print, representation, or combination thereof, or any act, transaction, occurrence, or event, 7 |
|---|
| 199 | 199 | | and, in the regular course of business, public record or, has caused any or all of the public records 8 |
|---|
| 200 | 200 | | to be recorded, copied, or reproduced by a photographic, photostatic, microfilm, micro-card, optical 9 |
|---|
| 201 | 201 | | disk, miniature photographic, electronic or other process which accurately reproduces or forms a 10 |
|---|
| 202 | 202 | | durable medium for reproducing the original,: 11 |
|---|
| 203 | 203 | | (i) the The original may be destroyed, and the reproduction established as the record copy, 12 |
|---|
| 204 | 204 | | in the regular course of business, provided the process meets standards established by the public 13 |
|---|
| 205 | 205 | | records administration, and provided all the provisions of § 38-3-6 concerning disposal of public 14 |
|---|
| 206 | 206 | | records readability and accessibility are fulfilled. 15 |
|---|
| 207 | 207 | | (ii) The reproduction, when satisfactorily identified, shall be admissible in evidence as the 16 |
|---|
| 208 | 208 | | original in any judicial or administrative proceeding whether or not the original exists or is available 17 |
|---|
| 209 | 209 | | and an enlargement or facsimile of the reproduction shall be likewise admissible in evidence if the 18 |
|---|
| 210 | 210 | | original is in existence and available for inspection under the direction of the court. 19 |
|---|
| 211 | 211 | | (b) The introduction of a reproduced record, enlargement, or facsimile into evidence shall 20 |
|---|
| 212 | 212 | | not preclude the admission into evidence of the original, if available. 21 |
|---|
| 213 | 213 | | (c) The duplicate of any record made pursuant to this chapter, and designated as a record 22 |
|---|
| 214 | 214 | | copy, shall have the same force and effect for all purposes as the original record. 23 |
|---|
| 215 | 215 | | (d) When provided in response to a request from the public, a certified copy shall have the 24 |
|---|
| 216 | 216 | | same force and effect for all purposes as the original record. 25 |
|---|
| 217 | 217 | | (e) This section shall not be construed to exclude from introduction into evidence any 26 |
|---|
| 218 | 218 | | document or copy thereof which is otherwise admissible under the Rhode Island general laws, as 27 |
|---|
| 219 | 219 | | amended. 28 |
|---|
| 220 | 220 | | 38-3-6. Public records custody and disposal. 29 |
|---|
| 221 | 221 | | (a) Each agency shall prepare and submit to the program, in accordance with the rules and 30 |
|---|
| 222 | 222 | | regulations of the program, record control schedules for all public records in the custody of the 31 |
|---|
| 223 | 223 | | agency. 32 |
|---|
| 224 | 224 | | (b) The offices of the attorney general and the auditor general will advise the program on 33 |
|---|
| 225 | 225 | | the legal and fiscal values of records covered by proposed records control schedules. Proposed 34 |
|---|
| 226 | 226 | | |
|---|
| 227 | 227 | | |
|---|
| 228 | 228 | | LC001329 - Page 7 of 11 |
|---|
| 229 | 229 | | schedules shall be sent to the offices of the attorney general and the auditor general. Within one 1 |
|---|
| 230 | 230 | | hundred and twenty (120) days of receipt, the attorney general and the auditor general may, within 2 |
|---|
| 231 | 231 | | their discretion, provide the administrator with comments regarding the proposed schedule. If the 3 |
|---|
| 232 | 232 | | proposed schedules are not returned to the administrator within one hundred and twenty (120) days 4 |
|---|
| 233 | 233 | | of receiving the proposed schedule, the proposed schedule may nonetheless be made final for use 5 |
|---|
| 234 | 234 | | in records disposition pursuant to § 38-3-7(4). 6 |
|---|
| 235 | 235 | | (c) Those records which are determined by an agency not to be needed in the transaction 7 |
|---|
| 236 | 236 | | of current business but which, for legal or fiscal requirements, must be retained for specific time 8 |
|---|
| 237 | 237 | | periods beyond administrative needs, shall may be sent to the records center. The records will be 9 |
|---|
| 238 | 238 | | kept in the center until time for disposition as provided in record control schedules. 10 |
|---|
| 239 | 239 | | (d) Public records possessing permanent enduring value and that have not yet met 11 |
|---|
| 240 | 240 | | minimum retention as determined by approved the records control schedules shall may be 12 |
|---|
| 241 | 241 | | transferred to the public records repository when no longer needed by an agency in transaction of 13 |
|---|
| 242 | 242 | | current business state records center after the twentieth year or when no longer considered active. 14 |
|---|
| 243 | 243 | | (e) Public records determined to be of permanent value according to the records retention 15 |
|---|
| 244 | 244 | | schedule and by the administrator in consultation with the state archivist, shall be transferred to the 16 |
|---|
| 245 | 245 | | state archives following assessment after the twentieth year, if not sooner, if the transfer of custody 17 |
|---|
| 246 | 246 | | is in the best interest of the record. 18 |
|---|
| 247 | 247 | | (e)(f) Title to any record placed in the records center shall remain in with the agency placing 19 |
|---|
| 248 | 248 | | the record in the center. 20 |
|---|
| 249 | 249 | | (f)(g) Title to any record transferred to the public records repository state archives, as 21 |
|---|
| 250 | 250 | | authorized in this chapter, shall be vested in the program and shall be made available to the public. 22 |
|---|
| 251 | 251 | | (g)(h) The program shall preserve and administer such public records as shall be transferred 23 |
|---|
| 252 | 252 | | to its custody according to approved conservation and security practices, and to permit them to be 24 |
|---|
| 253 | 253 | | inspected, examined, and copied at reasonable times and under supervision of the program; 25 |
|---|
| 254 | 254 | | provided that any Any record placed in keeping of the program under special terms or conditions 26 |
|---|
| 255 | 255 | | restricting their use shall be made available only in accordance with the terms and conditions 27 |
|---|
| 256 | 256 | | provisions of § 38-2-2. 28 |
|---|
| 257 | 257 | | (h)(i) Provide a public research room where, upon policies established by the program, the 29 |
|---|
| 258 | 258 | | records in the public records repository state archives may be studied. 30 |
|---|
| 259 | 259 | | (i) The program may make certified copies under seal of any records transferred to it upon 31 |
|---|
| 260 | 260 | | the application of any person, and the certificates, signed by the administrator or his or her designee, 32 |
|---|
| 261 | 261 | | shall have the same force and effect as if made by the agency from which the records were received. 33 |
|---|
| 262 | 262 | | The program may charge a reasonable fee for this service. 34 |
|---|
| 263 | 263 | | |
|---|
| 264 | 264 | | |
|---|
| 265 | 265 | | LC001329 - Page 8 of 11 |
|---|
| 266 | 266 | | (j) No public record shall be destroyed or otherwise disposed of by any agency without 1 |
|---|
| 267 | 267 | | prior notice to, and approval by, the program pursuant to § 38-3-6(a). Records without established 2 |
|---|
| 268 | 268 | | retention in an approved records retention schedule cannot be destroyed. 3 |
|---|
| 269 | 269 | | (k) The program shall adopt reasonable rules and regulations not inconsistent with this 4 |
|---|
| 270 | 270 | | chapter relating to the destruction and disposal of records. The rules and regulations shall provide 5 |
|---|
| 271 | 271 | | but not be limited to: 6 |
|---|
| 272 | 272 | | (1) Procedures for preparing and submitting record control schedules to the program. 7 |
|---|
| 273 | 273 | | (2) Procedures for the physical destruction or other disposal of records. 8 |
|---|
| 274 | 274 | | (3) Standards for the reproduction of records for security or with a view to the disposal of 9 |
|---|
| 275 | 275 | | the original record. 10 |
|---|
| 276 | 276 | | (l) The program shall: 11 |
|---|
| 277 | 277 | | (1) Establish safeguards against unauthorized or unlawful removal or loss of records; and 12 |
|---|
| 278 | 278 | | (2) Initiate appropriate action to recover records removed unlawfully or without 13 |
|---|
| 279 | 279 | | authorization. 14 |
|---|
| 280 | 280 | | (m) The program may prepare and publish handbooks, guides, indexes, and other literature 15 |
|---|
| 281 | 281 | | directed toward encouraging the management, preservation, and uses of the state’s public records 16 |
|---|
| 282 | 282 | | resource. 17 |
|---|
| 283 | 283 | | 38-3-7. Agency responsibilities. Duties and responsibilities of agencies. 18 |
|---|
| 284 | 284 | | It shall be the duty of each agency to: 19 |
|---|
| 285 | 285 | | (1) Cooperate with the program in complying with the provisions of this chapter. 20 |
|---|
| 286 | 286 | | (2) Establish and maintain an active and continuous program procedure for the economical 21 |
|---|
| 287 | 287 | | and efficient management of public records, including, but not limited to, working with the 22 |
|---|
| 288 | 288 | | administrator to create and update records control schedules and transfer permanent records to the 23 |
|---|
| 289 | 289 | | state archives. 24 |
|---|
| 290 | 290 | | (3) Transfer records, or any reasonably segregable portion thereof not including personal 25 |
|---|
| 291 | 291 | | papers deemed not public pursuant to § 42-8.1-2(11), created or received by general officers, 26 |
|---|
| 292 | 292 | | immediate staff, or a unit or individual of the executive office whose function is to advise and assist 27 |
|---|
| 293 | 293 | | general officers, in the course of conducting activities which relate to or have an effect upon the 28 |
|---|
| 294 | 294 | | carrying out of the constitutional, statutory, or other official duties carried out on behalf of the state. 29 |
|---|
| 295 | 295 | | Such materials shall be transferred at the end of the elected official's final term within thirty (30) 30 |
|---|
| 296 | 296 | | days of leaving such office. 31 |
|---|
| 297 | 297 | | (4) Submit a certification of records destruction for approval by the program for each public 32 |
|---|
| 298 | 298 | | record the agency seeks to destroy once it has met its approved minimum retention period. The 33 |
|---|
| 299 | 299 | | certification of records destruction shall be the permanent replacement for duly approved destroyed 34 |
|---|
| 300 | 300 | | |
|---|
| 301 | 301 | | |
|---|
| 302 | 302 | | LC001329 - Page 9 of 11 |
|---|
| 303 | 303 | | public records. 1 |
|---|
| 304 | 304 | | (5) Not later than January 1, 2026, designate a records officer who has responsibility for 2 |
|---|
| 305 | 305 | | compliance with this chapter and has been provided orientation and training by the public records 3 |
|---|
| 306 | 306 | | administration regarding this chapter. The records officer: 4 |
|---|
| 307 | 307 | | (i) Shall establish and operate a records management program for the agency in cooperation 5 |
|---|
| 308 | 308 | | with the public records administration and state archives; 6 |
|---|
| 309 | 309 | | (ii) May delegate responsibilities to an individual within the agency at the records officer's 7 |
|---|
| 310 | 310 | | discretion; 8 |
|---|
| 311 | 311 | | (iii) Annually confirm the accuracy of the agency's records control schedule and request 9 |
|---|
| 312 | 312 | | amendments if necessary; 10 |
|---|
| 313 | 313 | | (iv) Annually submit for approval of destruction of records that have met minimum 11 |
|---|
| 314 | 314 | | retention periods based on the records control schedule; and 12 |
|---|
| 315 | 315 | | (v) May also serve as the agency forms management representative as required by § 42-13 |
|---|
| 316 | 316 | | 84-5. 14 |
|---|
| 317 | 317 | | SECTION 2. Chapter 38-3 of the General Laws entitled "Public Records Administration" 15 |
|---|
| 318 | 318 | | is hereby amended by adding thereto the following sections: 16 |
|---|
| 319 | 319 | | 38-3-8. Public reporting of compliance. 17 |
|---|
| 320 | 320 | | Every year the secretary shall prepare a report summarizing the compliance with the 18 |
|---|
| 321 | 321 | | provisions of this chapter, which shall be submitted to the general assembly and which shall be 19 |
|---|
| 322 | 322 | | published electronically on the department of state website. 20 |
|---|
| 323 | 323 | | 38-3-9. Violations. 21 |
|---|
| 324 | 324 | | The administrator is hereby empowered to bring an action in superior court for restraining 22 |
|---|
| 325 | 325 | | orders and injunctive relief to restrain and enjoin violations or threatened violations of any 23 |
|---|
| 326 | 326 | | provision of this chapter. 24 |
|---|
| 327 | 327 | | 38-3-10. Severability. 25 |
|---|
| 328 | 328 | | If any provision of this chapter or the application of this chapter to any person or 26 |
|---|
| 329 | 329 | | circumstances is held invalid, the invalidity shall not affect other provisions or applications of this 27 |
|---|
| 330 | 330 | | chapter which can be given effect without the invalid provision or application, and to this end the 28 |
|---|
| 331 | 331 | | provisions of this chapter are declared to be severable. 29 |
|---|
| 332 | 332 | | SECTION 3. Section 38-3-5 of the General Laws in Chapter 38-3 entitled "Public Records 30 |
|---|
| 333 | 333 | | Administration" is hereby repealed. 31 |
|---|
| 334 | 334 | | 38-3-5. Duties of program. 32 |
|---|
| 335 | 335 | | It shall be the duty and responsibility of the public records administration program to: 33 |
|---|
| 336 | 336 | | (1) Establish and administer a public records management program, including the operation 34 |
|---|
| 337 | 337 | | |
|---|
| 338 | 338 | | |
|---|
| 339 | 339 | | LC001329 - Page 10 of 11 |
|---|
| 340 | 340 | | of a record center or centers, and appoint a director who will apply efficient and economical 1 |
|---|
| 341 | 341 | | management methods relating to the creation, utilization, maintenance, retention, preservation, and 2 |
|---|
| 342 | 342 | | disposal of records. 3 |
|---|
| 343 | 343 | | (2) Analyze, develop, establish, and coordinate standards, procedures, and techniques of 4 |
|---|
| 344 | 344 | | record making and record keeping. 5 |
|---|
| 345 | 345 | | (3) Insure the maintenance and security of records which are deemed appropriate for 6 |
|---|
| 346 | 346 | | preservation. 7 |
|---|
| 347 | 347 | | (4) Institute and maintain a training and information program in all phases of records 8 |
|---|
| 348 | 348 | | management to bring to the attention of all agencies approved and current practices, methods, 9 |
|---|
| 349 | 349 | | procedures, and devices for the efficient and economical management of records. 10 |
|---|
| 350 | 350 | | (5) Make available a centralized program of microfilming for the benefit of all agencies. 11 |
|---|
| 351 | 351 | | (6) Make continuous surveys of record keeping operations. 12 |
|---|
| 352 | 352 | | (7) Recommend improvements in current records management practices, including the use 13 |
|---|
| 353 | 353 | | of space, equipment, supplies, and personnel in creating, maintaining, and servicing records. 14 |
|---|
| 354 | 354 | | (8)(i) Establish and maintain a program, in cooperation with each agency, for the selection 15 |
|---|
| 355 | 355 | | and protection of public records considered essential to the operation of government and to the 16 |
|---|
| 356 | 356 | | protection of the rights and privileges of citizens. 17 |
|---|
| 357 | 357 | | (ii) Make or to have made duplicates of essential records, or to designate existing record 18 |
|---|
| 358 | 358 | | copies as essential records to be protected in the place and manner of safekeeping as prescribed by 19 |
|---|
| 359 | 359 | | the program. 20 |
|---|
| 360 | 360 | | (iii) The duplicate of any record made pursuant to this chapter shall have the same force 21 |
|---|
| 361 | 361 | | and effect for all purposes as the original record. A transcript, exemplification, or certified copy of 22 |
|---|
| 362 | 362 | | the duplicate shall be deemed, for all purposes, to be the original record. 23 |
|---|
| 363 | 363 | | SECTION 4. This act shall take effect upon passage. 24 |
|---|
| 364 | 364 | | ======== |
|---|
| 365 | 365 | | LC001329 |
|---|
| 366 | 366 | | ======== |
|---|
| 367 | 367 | | |
|---|
| 368 | 368 | | |
|---|
| 369 | 369 | | LC001329 - Page 11 of 11 |
|---|
| 370 | 370 | | EXPLANATION |
|---|
| 371 | 371 | | BY THE LEGISLATIVE COUNCIL |
|---|
| 372 | 372 | | OF |
|---|
| 373 | 373 | | A N A C T |
|---|
| 374 | 374 | | RELATING TO PUBLIC RECORDS -- PUBLIC RECORDS ADMINISTRATION |
|---|
| 375 | 375 | | *** |
|---|
| 376 | 376 | | This act would update the public records administration act by designating a public records 1 |
|---|
| 377 | 377 | | administrator, amending the definition of records, adding various definitions to include, electronic, 2 |
|---|
| 378 | 378 | | records series, state archivist, and retention, modifying a records control schedule, designating a 3 |
|---|
| 379 | 379 | | records officer and establish procedures for the retention of public records and their transfer after 4 |
|---|
| 380 | 380 | | twenty (20) years to the state archives. It would also provide that a research room be established 5 |
|---|
| 381 | 381 | | for research of records, that the administrator submit yearly reports, provide certified copies, 6 |
|---|
| 382 | 382 | | approve emergency destruction of public records and perform other functions and duties as the 7 |
|---|
| 383 | 383 | | secretary of state may direct. 8 |
|---|
| 384 | 384 | | This act would take effect upon passage. 9 |
|---|
| 385 | 385 | | ======== |
|---|
| 386 | 386 | | LC001329 |
|---|
| 387 | 387 | | ======== |
|---|
| 388 | 388 | | |
|---|