The bill amends Chapter 38-3 "Public Records Administration" in the General Laws, introducing new definitions for terms such as "Electronic record," "Record copy," and "State archivist," among others, while simplifying existing definitions by changing "shall mean" to "means." It removes the definition of "Public records repository" and updates "Records center" to reflect its function under the administrator's direction. The bill also restructures the Public Records Administration program, eliminating the Public Records Advisory Commission and detailing the secretary's responsibilities. It allows the program to make necessary contracts and agreements and mandates the adoption of rules and regulations for its duties.

The bill specifies 19 detailed duties for the administrator, including establishing records management programs, developing standards, conducting surveys, ensuring the protection of essential records, and preserving public records in the state archives. It deletes less detailed previous duties and emphasizes the administrator's role in providing a public research room, making certified copies, assisting in transferring valuable records to the state archives, approving emergency destruction of records, and submitting yearly progress reports. The bill also outlines procedures for the reproduction, retention, and destruction of public records, stating that records must be accurately reproduced and that reproduced records are admissible as originals in proceedings. It clarifies the custody and disposal of records, indicating that records of enduring value may be transferred to the state archives after 20 years, and removes restrictions on the use of records and the program's ability to charge for certified copies. The bill adds new responsibilities for agencies, including designating a records officer and cooperating with the program, and introduces new sections on public reporting, injunctive relief for violations, and severability. The act will take effect upon passage.

Statutes affected:
7473: 38-3-5