2012 -- H 7084

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LC00451

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2012

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A N A C T

RELATING TO PUBLIC RECORDS - CUSTODY AND PROTECTION

     

     

     Introduced By: Representatives Keable, Lally, Petrarca, Jackson, and Marcello

     Date Introduced: January 11, 2012

     Referred To: House Judiciary

It is enacted by the General Assembly as follows:

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     SECTION 1. Section 38-1-1.1 of the General Laws in Chapter 38-1 entitled "Custody and

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Protection" is hereby amended to read as follows:

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     38-1-1.1. Definitions. -- For the purpose of this chapter:

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      (1) "Agency" or "public body" shall mean any executive, legislative, judicial, regulatory,

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administrative body of the state, or any political subdivision thereof; including, but not limited to,

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any department, division, agency, commission, board, office, bureau, authority, any school, fire,

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or water district, or other agency or quasi-public agency of Rhode Island state or local

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government which exercises governmental functions, or any other public or private agency,

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person, partnership, corporation, or business entity acting on behalf of any public agency.

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      (2) "Public business" means any matter over which the public body has supervision,

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control, jurisdiction, or advisory power.

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      (3) "Public record" or "public records" shall mean all documents, papers, letters, maps,

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books, tapes, photographs, films, sound recordings, or other material regardless of physical form

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or characteristics made or received pursuant to law or ordinance or in connection with the

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transaction of official business by any agency.

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      (4) "Supervisor of the regulatory body" means the chief or head of a section having

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enforcement responsibility for a particular statute or set of rules and regulations within a

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regulatory agency.

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     SECTION 2. Section 38-3-2 of the General Laws in Chapter 38-3 entitled "Public

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Records Administration" is hereby amended to read as follows:

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     38-3-2. Definitions. -- For the purpose of this chapter:

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      (1) "Agency" or "public body" shall mean any executive, legislative, judicial, regulatory,

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administrative body of the state, or any political subdivision thereof; including, but not limited to,

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any department, division, agency, commission, board, office, bureau, authority, any school, fire,

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or water district, or other agency or quasi-public agency of state or local government which

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exercises governmental functions, or any other public or private agency, person, partnership,

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corporation, or business entity acting on behalf of any public agency.

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      (2) "Program" shall mean the public records administration program of the secretary of

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state.

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      (3) "Public record" or "public records" shall mean all documents, papers, letters, maps,

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books, tapes, photographs, films, sound recordings, or other material regardless of physical form

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or characteristics made or received pursuant to law or ordinance or in connection with the

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transaction of official business by any agency.

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      (4) "Public records repository" shall mean the establishment maintained by the program

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for preservation of those public records determined by the program to have permanent value

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warranting their continued preservation and which has been accepted by the program for transfer

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to its custody.

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      (5) "Records center" shall mean an establishment maintained by the program for the

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storage, processing, servicing, and security of public records that must be retained for varying

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periods of time but need not be retained in an agency's office equipment or space.

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      (6) "Records control schedule" shall mean the document establishing the official

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retention, maintenance, and disposal requirements for a series or type of record based on

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administrative, legal, fiscal, and historical values for the scheduled records.

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     SECTION 3. This act shall take effect upon passage.

     

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LC00451

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO PUBLIC RECORDS - CUSTODY AND PROTECTION

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     This act would amend the definition of “agency” or “public body” as defined in chapters

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38-3 and 38-1 to include quasi-public agencies.

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     This act would take effect upon passage.

     

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LC00451

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H7084