Rhode IslandH54512025 Regular SessionHouse

AN ACT RELATING TO PUBLIC RECORDS -- PUBLIC RECORDS ADMINISTRATION .

Sponsored By: Earl A. Read, III (Democratic)

Signed by Governor

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Bill Overview

Analyzed Economic Effects

4 provisions identified: 1 benefits, 0 costs, 3 mixed.

State preserves permanent and officials’ records

Agencies may send inactive records needed for legal or fiscal reasons to a records center until scheduled disposal. Records with enduring value may also go there before minimum retention ends; ownership stays with the agency. Records judged permanent by the administrator and state archivist must move to state archives after assessment following their twentieth year. Earlier transfer is allowed when warranted; ownership passes to the program, and public access follows applicable law. General officers’ official-duty materials, including those created or received by immediate staff and executive-office advisers, must also be transferred. That transfer is due within 30 days after the official leaves office at the end of a final term.

Agencies face stronger record disposal controls

Each agency must name a records officer by January 1, 2026; officers must receive training and manage agency records. Officers must check retention schedules yearly, request needed changes, and annually submit records eligible for destruction approval. Agencies must submit schedules; the attorney general and auditor general have 120 days to comment, after which schedules can become final. Records without approved retention rules cannot be destroyed, and disposal requires program approval. After minimum retention, agencies seeking destruction must submit a certification for approval; the approved certification permanently replaces the destroyed record. As an exception, the administrator can approve early destruction of records damaged by catastrophe, environmental conditions, or unforeseen events that threaten human health.

Public record copies carry legal weight

Agencies may destroy originals after making identifiable, reproducible copies that meet program standards for readability, access, and disposal. Properly identified reproductions are admissible as originals in court or agency proceedings; designated record copies and certified copies have equal legal force. Enlargements and facsimiles are admissible when originals remain available for inspection. The program can provide a public research room and certified copies under seal, and charge reasonable service fees.

State centralizes oversight of public records

Effective upon passage, the law places Rhode Island’s public records program and budget under the Secretary of State. The secretary appoints the administrator, and the law replaces the old duties list and repeals the advisory commission. Public records expressly include electronic records; covered agencies include state and local bodies and private entities acting for them. The program sets recordkeeping standards, protects and recovers records, and helps cities and towns through training, retention schedules, and technical advice. It can accept outside funding and make contracts, while the secretary must publish an annual compliance report online. Willful violations of program rules are misdemeanors, and the program can seek court orders to stop violations.

Sponsors & Cosponsors

Sponsor

Earl A. Read, III
Democratic • House

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

All Roll Calls

Yes: 66 • No: 3

House vote • 6/12/2025

PUBLIC RECORDS ADMINISTRATION PASSAGE