Chapter 451

2012 -- H 7084

Enacted 06/26/12

A N A C T

RELATING TO PUBLIC RECORDS - CUSTODY AND PROTECTION

Date Introduced: January 11, 2012

Referred To: House Judiciary

It is enacted by the General Assembly as follows:

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

Protection" is hereby amended to read as follows:

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

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

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

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

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

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

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

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

control, jurisdiction, or advisory power.

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

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

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

transaction of official business by any agency.

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

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

regulatory agency.

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

Records Administration" is hereby amended to read as follows:

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

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

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

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

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

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

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

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

state.

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

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

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

transaction of official business by any agency.

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

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

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

to its custody.

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

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

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

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

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

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

SECTION 3. This act shall take effect upon passage.

=======

LC00451

=======