Section 42-8.1-1. – Short title.

§ 42-8.1-1. Short title. This chapter shall be known as the “State Archives and Historical Records Act”. History of Section.P.L. 1989, ch. 341, § 1.

Section 42-8.1-10. – Determination of value.

§ 42-8.1-10. Determination of value. Every public officer who has public records in his or her custody shall consult periodically with the state archivist together with the state auditor, and the attorney general, and those officers shall determine whether the records in question are of permanent legal or historical value. Those records unanimously determined not […]

Section 42-8.1-11. – Transfer of records to archives.

§ 42-8.1-11. Transfer of records to archives. (a) Those records deemed by the public officer having custody thereof to be unnecessary for the transaction of the business of his or her office and yet deemed by the public records administrator, attorney general, or the auditor general and the state archivist to be of permanent or […]

Section 42-8.1-12. – Violations.

§ 42-8.1-12. Violations. (a) The state archivist shall, whenever he or she finds that any provisions of this title have been or are being violated, inform in writing the head of the agency concerned of the violations and make recommendations regarding means of correcting them. Unless corrective measures satisfactory to the archivist are inaugurated within […]

Section 42-8.1-13. – Legal status of reproductions.

§ 42-8.1-13. Legal status of reproductions. (a) When any copy or reproduction, furnished under the terms hereof, is authenticated by the official seal and certified by the state archivist, the copy or reproduction shall be admitted in evidence equally with the original from which it was made. (b) The state archivist or any other public […]

Section 42-8.1-14. – Limitation on liability.

§ 42-8.1-14. Limitation on liability. With respect to letters and other intellectual productions (exclusive of material copyrighted or patented) after they come into the custody or possession of the state archivist, neither the division, the state, nor its agents shall be liable for any infringement of literary priority rights or analogous rights arising thereafter out […]

Section 42-8.1-15. – Copying and authenticating charges.

§ 42-8.1-15. Copying and authenticating charges. The archivist may charge a fee set to recover the costs for making or authenticating copies or reproductions of materials transferred to his or her custody. This fee shall be fixed by the secretary of state, at a level which will recover, so far as practicable, all elements of […]

Section 42-8.1-16. – Annual report.

§ 42-8.1-16. Annual report. The secretary of state shall submit for the public records administrator, all general office holders, the governor and the general assembly an annual report concerning the administration of functions of the archivist and the division. History of Section.P.L. 1989, ch. 341, § 1.

Section 42-8.1-17. – Duties of agencies.

§ 42-8.1-17. Duties of agencies. It shall be the duty of each agency of the state and political subdivision thereof to: (1) Cause to be made and preserved records containing adequate and proper documentation of the organization, functions, policies, decisions, procedures, and essential transactions of the agency and designed to furnish the information necessary to […]

Section 42-8.1-18. – Penalties.

§ 42-8.1-18. Penalties. Any officer or employee who violates the provisions of this chapter is guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding one thousand dollars ($1,000) or by imprisonment for not more than one year. History of Section.P.L. 1989, ch. 341, § 1.

Section 42-8.1-19. – Severability.

§ 42-8.1-19. Severability. The invalidity of any section or part or portion of this chapter shall not affect the validity of the remaining sections or parts thereof. History of Section.P.L. 1989, ch. 341, § 1.

Section 42-8.1-2. – Definitions.

§ 42-8.1-2. Definitions. For the purpose of this chapter: (1) “Agency” or “public body” means any executive, legislative, judicial, regulatory, administrative body of the state or any political subdivision thereof; including, but not limited to the leadership of the general assembly, chairperson in the house and senate, public officials elected or appointed and any department, […]

Section 42-8.1-20. – Rhode Island Historical Records Trust established.

§ 42-8.1-20. Rhode Island Historical Records Trust established. (a) There is hereby established a special fund to be known as the Rhode Island Historical Records Trust (hereinafter called Trust). (b) There is hereby imposed an additional assessment of four dollars ($4.00) for every instrument filed for recording pursuant to §§ 33-22-21 and 34-13-7. (c) On […]

Section 42-8.1-3. – State archives created.

§ 42-8.1-3. State archives created. (a) There shall be an establishment known as “the archives of the state of Rhode Island”, also referred to in this chapter as “the state archives” or “the division”. (b) The state archives shall be a division of the department of state, as mandated by § 42-8-19. (c) Except as […]

Section 42-8.1-4. – Officers.

§ 42-8.1-4. Officers. (a) The chief administrative officer of the division shall be the state archivist. (b) The state archivist shall be appointed by the secretary of state:The archivist shall be appointed based upon the professional qualifications required to perform the duties and responsibilities of the office of archivist. The archivist may be removed by […]

Section 42-8.1-5. – Duties and responsibilities.

§ 42-8.1-5. Duties and responsibilities. (a) The state archivist under the direction of the secretary of state shall be responsible for the proper administration of public records of permanent historical or other value. It shall be his or her duty to determine and direct the administrative and technical procedures of the division. He or she […]

Section 42-8.1-6. – Personnel and services.

§ 42-8.1-6. Personnel and services. (a) The secretary of state is authorized to select, appoint and employ such unclassified officers and employees, as are necessary to perform the functions of the archivist and the division. (b) The secretary of state is authorized to obtain the services of experts and consultants as necessary for the performance […]

Section 42-8.1-7. – Administration of state archives.

§ 42-8.1-7. Administration of state archives. (a) The state archivist, whenever it appears to him or her to be in the public interest, is hereby authorized: (1) To accept for deposit with the state archives the records of any state or local agency or of the general assembly that are determined to have sufficient historical […]

Section 42-8.1-8. – Protection of records.

§ 42-8.1-8. Protection of records. The division of state archives and every other custodian of public records shall carefully protect and preserve them from deterioration, mutilation, loss, or destruction and, whenever advisable, shall cause them to be properly repaired and restored. History of Section.P.L. 1989, ch. 341, § 1.

Section 42-8.1-9. – Access to public records.

§ 42-8.1-9. Access to public records. The state archivist in person or through a deputy, shall have the right of reasonable access to all public records in the state, or any public offices of the state or any city, municipality, district or political subdivision thereof, and research, with a view to securing their safety and […]