(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 permanent records shall be transferred, with the consent of the state archivist, to the custody of the division of state archives. A list of all records so transferred, together with a statement certifying compliance with the provisions of this chapter signed by the state archivist, shall be preserved in the files of the office from which the records were drawn and in the files of the division.

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(b)  Those records created or received by general officers, immediate staff, or a unit or individual of the executive office whose function is to advise and assist general officers, in the course of conducting activities that relate to or have an effect upon the carrying out of the constitutional, statutory, or other official duties carried out on behalf of the state shall be transferred at the end of the official’s final term within thirty (30) days of leaving the office.

(c)  Items in the care, custody, and trusteeship of the state archivist that are not records as defined by chapter 2 of Title 38 and items that are not records that are proposed for disposition but determined to be of historical or museum interest or value by the state archivist may be transferred to the custody of the Rhode Island historical society or other local historical societies.

(d)  Qualified researchers, scholars, and students and other appropriate persons performing qualified research shall have the right of reasonable access to all records in the custody of the state archivist for purposes of historical reference, research, and information, subject to the provisions of chapter 2 of Title 38. Copies of records, having historical, or museum interest or value shall be furnished by the state archivist upon request of any person, society, state agency, or political subdivision, subject to restraints of standard archival practices.

(e)  In the event of disagreement as to the custody of any records as defined in § 38-3-6, the archivist with the advice of the attorney general and auditor general shall make final and conclusive determination, and order and direct custody accordingly per § 38-3-6.