The bill amends Chapter 38-3, "Public Records Administration," in the General Laws, introducing new definitions and updating existing ones to clarify terms related to public records management. It defines "Administrator," "Electronic," "Electronic record," and several other terms, while simplifying language for terms like "Agency" and "Public record." The bill removes the definition of "Public records repository," updates "Records center," and revises "Records control schedule" to specify retention, maintenance, and disposal requirements. It restructures the Public Records Administration program, detailing the secretary's responsibilities, eliminating the Public Records Advisory Commission, and allowing the program to make necessary contracts and agreements. The bill also mandates the adoption of rules and regulations for carrying out the program's duties.
The bill outlines the duties of the administrator, replacing general duties with 19 specific ones, including establishing records management programs, developing standards, conducting surveys, preserving records, and assisting with the transfer of records to the state archives. It specifies reproduction methods for public records, admissibility of reproduced records in proceedings, and the legal status of certified copies. The bill sets forth procedures for records retention and destruction, custody and disposal of records, and transfers to the state archives. It removes restrictions on records use, requires agency cooperation with the program, and designates a records officer for each agency. New sections include public reporting of compliance, injunctive relief for violations, and a severability clause. The act repeals and replaces Section 38-3-5 with updated duties and responsibilities, aiming to improve management and preservation of public records, and takes effect upon passage.
Statutes affected: 2766 SUB A: 38-3-5
2766: 38-3-5