§ 42-8.1-7 - Administration of state archives.
SECTION 42-8.1-7
§ 42-8.1-7 Administration of statearchives. – (a) The state archivist, whenever it appears to him or her to be in the publicinterest, is hereby authorized:
(1) To accept for deposit with the state archives the recordsof any state or local agency or of the general assembly that are determined tohave sufficient historical or other value to warrant their continuedpreservation by the state archives;
(2) To direct and effect, with the approval of the head ofthe originating agency (or if the existence of such agency shall have beenterminated, then with the approval of his or her successor in function, if any)the transfer of records of permanent legal or historical value to the archivesof the state provided, that the title to such records shall be vested in thestate archives; and
(3) To direct and effect the transfer of materials fromprivate sources authorized to be received by the state archivist under theprovisions of this chapter.
(b) The state archivist shall be responsible for the custody,use, and withdrawal of records transferred to him or her; provided, thatwhenever any records the use of which is subject to statutory limitations andrestrictions are so transferred, permissive and restrictive statutoryprovisions with respect to the examination and use of the records applicable tothe head of the agency from which the records were transferred or to employeesof that agency shall thereafter likewise be applicable to the archivist, and tothe employees of the state archives respectively; provided, further thatwhenever the head of any agency shall specify in writing restrictions thatappear to him or her to be necessary or desirable in the public interest, onthe use or examination of records being considered for transfer from his or hercustody to the state archivist shall impose such restrictions on the records sotransferred, and shall not remove or relax the restrictions without theconcurrence in writing of the head of the agency from which the material shallhave been transferred (or if the existence of the agency shall have beenterminated, then he or she shall not remove or relax such restrictions withoutthe concurrence of the successor in function, if any, of the agency head);provided, however, that statutory and other restrictions referred to in theprovisions of this subsection shall remain in force or effect after the recordshave been in existence for fifty (50) years unless the archivist by order shalldetermine with respect to specific bodies of records that the restrictionsshall remain in force and effect for a longer period; and provided further thatrestrictions on the use or examination of records deposited with the archivesof the state heretofore imposed and now in force and effect shall continue inforce and effect regardless of the expiration of the tenure of office of theofficial who imposed them but may be removed or relaxed by the archivist withthe concurrence in writing of the head of the agency from which material hasbeen transferred (or if the existence of the agency shall have been terminated,then with the concurrence in writing of his or her successor in function, ifany).
(c) The state archivist shall make provisions for thepreservation, arrangement, repair and rehabilitation, duplication andreproduction (including microfilms), description, and exhibition of recordstransferred to him or her as may be needful or appropriate, including thepreparation and publication of inventories, indexes, catalogs, and otherfinding aids or guides facilitating their use; and, when approved by thesecretary of state, he or she may also publish such historical works andcollections of sources as seem appropriate for printing or otherwise recordingat the public expense.
(d) The state archivist, with the approval of the secretaryof state, shall make provisions and maintain such facilities as he or she deemsnecessary or desirable for servicing records in his or her custody. Thefacilities shall meet recognized archival standards.
(e) The state archivist may accept for deposit:
(1) The personal papers and other personal historicaldocumentary materials of predecessors or successors of the following officials:Rhode Island general office holders, general assembly leadership andchairpersons, mayors and town administrators as the state archivist maydesignate, offered for deposit under restrictions respecting their usespecified in writing by the prospective depositors; provided, that restrictionsso specified on the materials, or any portions thereof, accepted by thearchivist for deposit shall have force and effect during the lifetime of thedepositor or for a period not to exceed twenty-five (25) years, whichever islonger, unless sooner terminated in writing by the depositor or his or herlegal heirs; and provided, further, that the archivist determines that thematerials accepted for deposit will have continuing historical or other value;
(2) The original acts, resolutions and other proceedings ofthe general assembly shall be deposited and safely kept in the division ofstate archives of the department of state, and shall not be removed therefromexcept upon the order of the general assembly, or upon process issued by thesupreme or superior court or by a justice of either of said courts per theprovisions of § 43-2-3;
(3) Motion-picture films, still pictures and sound recordingsfrom public and private sources that are appropriate for preservation by thestate government as evidence of its organization, functions, policies,decisions, procedures, and transactions. Title to materials so deposited underthis subsection shall pass to and vest in the state archives.
(4) Burial records from any private or nonprofit cemeteryassociation or perpetual care society or any funeral director which has ceasedoperations.
(f) The state archivist is hereby authorized to preservevideo tapes, motion-picture films, still pictures, and sound recordingspertaining to and illustrative of the historical development of the state andits activities, and to make provisions for preparing, editing, titling,scoring, processing, duplicating, reproducing, exhibiting, and releasing fornonprofit educational purposes, motion-picture films, still pictures, and soundrecordings in his or her custody.
(g) The state archivist is hereby authorized to establish aunit within the division which shall be known as the local government recordsprogram and which shall be primarily responsible for assisting cities and townswith the care and management of their public records. The program shall becharged with designing and implementing a training program for local governmentrecords keepers; publishing retention schedules for the proper disposition ofpublic records in local governments; and providing technical and advisoryassistance in the storage, preservation, and ongoing maintenance of the recordsof local governments.
(2) The state archivist shall submit a yearly report on theprogress of the local government records program to the general officers and tothe general assembly. The state archivist shall be permitted to request fundingas part of the operating budget of the office of secretary of state to operatethis program.