§ 42-8.1-7. Administration of state archives.
(a) The state archivist, whenever it appears to the state archivist to be in the public
interest, is hereby authorized:
(1) To accept for deposit with the state archives the permanent records of any state or
local agency, general officer, or of the general assembly;
(2) To provide access to the permanent records of any state or local agency, general officer,
or of the general assembly upon transfer in accordance with § 38-2-2, with exception only for records not deemed public for purposes of § 38-2-2;
(3) To direct and effect, with the approval of the head of the originating agency (or
if the existence of the agency shall have been terminated, then with the approval
of his or her successor in function, if any) the transfer of permanent records into
the archives of the state provided, that the title to the records shall be vested
in the state archives; and
(4) To direct and effect the transfer of materials from private sources authorized to
be received by the state archivist under the provisions of this chapter.
(b) The state archivist shall be responsible for the custody, use, and withdrawal of records
transferred to the state archivist; provided, that whenever any records the use of
which is subject to statutory limitations and restrictions are so transferred, permissive
and restrictive statutory provisions with respect to the examination and use of the
records applicable to the head of the agency from which the records were transferred
or to employees of that agency shall thereafter likewise be applicable to the archivist,
and to the employees of the state archives respectively; provided, further that whenever
the head of any agency shall specify in writing restrictions that appear to him or
her to be necessary or desirable in the public interest, on the use or examination
of records being considered for transfer from his or her custody, the state archivist
shall impose such restrictions in accordance with § 38-2-2(4) on the records so transferred, and shall not remove or relax the restrictions without
the concurrence in writing of the head of the agency from which the material shall
have been transferred (or if the existence of the agency shall have been terminated,
then the state archivist shall not remove or relax such restrictions without the concurrence
of the successor in function, if any, of the agency head); provided, however, that
statutory and other restrictions referred to in the provisions of this subsection
shall remain in force or effect after the records have been in existence for a maximum
of fifty (50) years unless the archivist by order shall determine with respect to
specific bodies of records that the restrictions shall remain in force and effect
for a longer period; and provided further that restrictions on the use or examination
of records deposited with the archives of the state heretofore imposed and now in
force and effect shall continue in force and effect regardless of the expiration of
the tenure of office of the official who imposed them but may be removed or relaxed
by the archivist with the concurrence in writing of the head of the agency from which
material has been 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, if any).
(c) The state archivist shall make provisions for the preservation, arrangement, repair
and rehabilitation, duplication and reproduction (including microfilms), description,
and exhibition of records transferred to the state archivist as may be needful or
appropriate. When approved by the secretary of state, he or she may also publish historical
works and collections of sources as seem appropriate for printing or otherwise recording
at the public expense.
(d) The state archivist, with the approval of the secretary of state, shall make provisions
and maintain facilities as the state archivist deems necessary or desirable for servicing
records in the state archivist's custody. The facilities shall meet recognized archival
standards.
(e) The state archivist may accept for deposit pursuant to the state archives collection
and acquisition policy, in consultation with agencies, and approved by the secretary
of state:
(1) The personal papers and other personal historical documentary materials of predecessors
or successors of the following officials: Rhode Island general office holders, general
assembly leadership and chairpersons, mayors, and town administrators as the state
archivist may designate, offered for deposit under restrictions respecting their use
specified in writing by the prospective depositors; provided, that restrictions so
specified on the materials, or any portions thereof, accepted by the state archivist
for deposit shall have force and effect during the lifetime of the depositor or for
a period not to exceed twenty-five (25) years, unless sooner terminated in writing
by the depositor or the depositor's legal heirs; and provided, further, that the state
archivist determines that the materials accepted for deposit will have continuing
historical or other value;
(2) The original executive orders, official correspondence, and other records of government
business of predecessors or successors of the following officials: Rhode Island general
office holders, general assembly leadership and chairpersons, mayors, and town administrators;
(3) The original acts, resolutions, and other proceedings of the general assembly shall
be deposited and safely kept in the division of state archives of the department of
state, and shall not be removed therefrom except upon the order of the general assembly,
or upon process issued by the supreme or superior court or by a justice of either
of said courts per the provisions of § 43-2-3;
(4) Motion-picture films, still pictures, and sound recordings from public and private
sources that are appropriate for preservation by the state government as evidence
of its organization, functions, policies, decisions, procedures, and transactions.
Title to materials so deposited under this subsection shall pass to and vest in the
state archives; and
(5) Burial records from any private or nonprofit cemetery association or perpetual care
society or any funeral director which has ceased operations.
(f) The state archivist is hereby authorized to preserve videotapes, motion-picture films,
still pictures, and sound recordings pertaining to and illustrative of the historical
development of the state and its activities, and to make provisions for preparing,
editing, titling, scoring, processing, duplicating, reproducing, exhibiting, and releasing
for nonprofit educational purposes, motion-picture films, still pictures, and sound
recordings in the state archivist's custody.
(g) [Deleted by P.L. 2022, ch. 127, § 1 and P.L. 2022, ch. 128, § 1.]