2012 -- S 2419 AS AMENDED | |
======= | |
LC01173 | |
======= | |
STATE OF RHODE ISLAND | |
| |
IN GENERAL ASSEMBLY | |
| |
JANUARY SESSION, A.D. 2012 | |
| |
____________ | |
| |
A N A C T | |
RELATING TO PUBLIC RECORDS - CUSTODY AND PROTECTION | |
|
      |
|
      |
     Introduced By: Senators Ciccone, Walaska, McCaffrey, and Ruggerio | |
     Date Introduced: February 15, 2012 | |
     Referred To: Senate Judiciary | |
It is enacted by the General Assembly as follows: | |
1-1 |
     SECTION 1. Section 38-1-1.1 of the General Laws in Chapter 38-1 entitled "Custody and |
1-2 |
Protection" is hereby amended to read as follows: |
1-3 |
     38-1-1.1. Definitions. -- For the purpose of this chapter: |
1-4 |
      (1) "Agency" or "public body" shall mean any executive, legislative, judicial, regulatory, |
1-5 |
administrative body of the state, or any political subdivision thereof; including, but not limited to, |
1-6 |
any department, division, agency, commission, board, office, bureau, authority, any school, fire, |
1-7 |
or water district, or other agency of Rhode Island state or local government which exercises |
1-8 |
governmental functions, or any other public or private agency, person, partnership, corporation, |
1-9 |
or business entity acting on behalf of any public agency or any public corporation as defined in |
1-10 |
subdivision 35-20-5(4) of the general laws. |
1-11 |
      (2) "Public business" means any matter over which the public body has supervision, |
1-12 |
control, jurisdiction, or advisory power. |
1-13 |
      (3) "Public record" or "public records" shall mean all documents, papers, letters, maps, |
1-14 |
books, tapes, photographs, films, sound recordings, or other material regardless of physical form |
1-15 |
or characteristics made or received pursuant to law or ordinance or in connection with the |
1-16 |
transaction of official business by any agency. |
1-17 |
      (4) "Supervisor of the regulatory body" means the chief or head of a section having |
1-18 |
enforcement responsibility for a particular statute or set of rules and regulations within a |
1-19 |
regulatory agency. |
2-20 |
     SECTION 2. Section 38-3-2 of the General Laws in Chapter 38-3 entitled "Public |
2-21 |
Records Administration" is hereby amended to read as follows: |
2-22 |
     38-3-2. Definitions. -- For the purpose of this chapter: |
2-23 |
      (1) "Agency" or "public body" shall mean any executive, legislative, judicial, regulatory, |
2-24 |
administrative body of the state, or any political subdivision thereof; including, but not limited to, |
2-25 |
any department, division, agency, commission, board, office, bureau, authority, any school, fire, |
2-26 |
or water district, or other agency or quasi-public agency of state or local government which |
2-27 |
exercises governmental functions, or any other public or private agency, person, partnership, |
2-28 |
corporation, or business entity acting on behalf of any public agency. |
2-29 |
      (2) "Program" shall mean the public records administration program of the secretary of |
2-30 |
state. |
2-31 |
      (3) "Public record" or "public records" shall mean all documents, papers, letters, maps, |
2-32 |
books, tapes, photographs, films, sound recordings, or other material regardless of physical form |
2-33 |
or characteristics made or received pursuant to law or ordinance or in connection with the |
2-34 |
transaction of official business by any agency. |
2-35 |
      (4) "Public records repository" shall mean the establishment maintained by the program |
2-36 |
for preservation of those public records determined by the program to have permanent value |
2-37 |
warranting their continued preservation and which has been accepted by the program for transfer |
2-38 |
to its custody. |
2-39 |
      (5) "Records center" shall mean an establishment maintained by the program for the |
2-40 |
storage, processing, servicing, and security of public records that must be retained for varying |
2-41 |
periods of time but need not be retained in an agency's office equipment or space. |
2-42 |
      (6) "Records control schedule" shall mean the document establishing the official |
2-43 |
retention, maintenance, and disposal requirements for a series or type of record based on |
2-44 |
administrative, legal, fiscal, and historical values for the scheduled records. |
2-45 |
     SECTION 3. This act shall take effect upon passage. |
      | |
======= | |
LC01173 | |
======== | |
EXPLANATION | |
BY THE LEGISLATIVE COUNCIL | |
OF | |
A N A C T | |
RELATING TO PUBLIC RECORDS - CUSTODY AND PROTECTION | |
*** | |
3-1 |
     This act would amend the definition of “agency” or “public body” as defined in chapters |
3-2 |
38-3 and 38-1 to include quasi-public agencies. |
3-3 |
     This act would take effect upon passage. |
      | |
======= | |
LC01173 | |
======= | |