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2012 -- H 7084 | |
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LC00451 | |
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STATE OF RHODE ISLAND | |
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IN GENERAL ASSEMBLY | |
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JANUARY SESSION, A.D. 2012 | |
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A N A C T | |
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RELATING TO PUBLIC RECORDS - CUSTODY AND PROTECTION | |
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Introduced By: Representatives Keable, Lally, Petrarca, Jackson, and Marcello | |
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Date Introduced: January 11, 2012 | |
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Referred To: House Judiciary | |
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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 | |
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BY THE LEGISLATIVE COUNCIL | |
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OF | |
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A N A C T | |
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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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