2025 -- H 5877
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LC001755
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S T A T E O F R H O D E I S L A N D
IN GENERAL ASSEMBLY
JANUARY SESSION, A.D. 2025
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A N A C T
RELATING TO PUBLIC RECORDS -- ACCESS TO PUBLIC RECORDS
Introduced By: Representatives Casey, J. Brien, Phillips, Solomon, Roberts,
Chippendale, Finkelman, and Lima
Date Introduced: February 28, 2025
Referred To: House State Government & Elections
It is enacted by the General Assembly as follows:
SECTION 1. Section 38-2-3 of the General Laws in Chapter 38-2 entitled "Access to Public 1
Records" is hereby amended to read as follows: 2
38-2-3. Right to inspect and copy records — Duty to maintain minutes of meetings — 3
Procedures for access. 4
(a) Except as provided in § 38-2-2(4), all records maintained or kept on file by any public 5
body, whether or not those records are required by any law or by any rule or regulation, shall be 6
public records and every person or entity shall have the right to inspect and/or copy those records 7
at such reasonable time as may be determined by the custodian thereof. 8
(b) Any reasonably segregable portion of a public record excluded by § 38-2-2(4) shall be 9
available for public inspection after the deletion of the information which is the basis of the 10
exclusion. If an entire document or record is deemed non-public, the public body shall state in 11
writing that no portion of the document or record contains reasonable segregable information that 12
is releasable. 13
(c) Each public body shall make, keep, and maintain written or recorded minutes of all 14
meetings. 15
(d) Each public body shall establish written procedures regarding access to public records 16
but shall not require written requests for public information available pursuant to § 42-35-2 or for 17
other documents prepared for or readily available to the public. 18
These procedures must include, but need not be limited to, the identification of a designated 19
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public records officer or unit, how to make a public records request, and where a public record 1
request should be made, and a copy of these procedures shall be posted on the public body’s website 2
if such a website is maintained and be made otherwise readily available to the public. The 3
unavailability of a designated public records officer shall not be deemed good cause for failure to 4
timely comply with a request to inspect and/or copy public records pursuant to subsection (e). A 5
written request for public records need not be made on a form established by a public body if the 6
request is otherwise readily identifiable as a request for public records. 7
(e) A public body receiving a request shall permit the inspection or copying within ten (10) 8
business days after receiving a request. If the inspection or copying is not permitted within ten (10) 9
business days, the public body shall forthwith explain in writing the need for additional time to 10
comply with the request. Any such explanation must be particularized to the specific request made. 11
In such cases the public body may have up to an additional twenty (20) business days to comply 12
with the request if it can demonstrate that the voluminous nature of the request, the number of 13
requests for records pending, or the difficulty in searching for and retrieving or copying the 14
requested records, is such that additional time is necessary to avoid imposing an undue burden on 15
the public body. 16
(f) If a public record is in active use or in storage and, therefore, not available at the time a 17
person or entity requests access, the custodian shall so inform the person or entity and make an 18
appointment for the person or entity to examine such records as expeditiously as they may be made 19
available. 20
(g) Any person or entity requesting copies of public records may elect to obtain them in 21
any and all media in which the public agency is capable of providing them. Any public body which 22
maintains its records in a computer storage system shall provide any data properly identified in a 23
printout or other reasonable format, as requested. Notwithstanding the provisions of § 38-2-4, 24
electronically stored public records in a computer storage system, shall upon request be provided 25
at no charge. 26
(h) Nothing in this section shall be construed as requiring a public body to reorganize, 27
consolidate, or compile data not maintained by the public body in the form requested at the time 28
the request to inspect the public records was made except to the extent that such records are in an 29
electronic format and the public body would not be unduly burdened in providing such data. 30
(i) Nothing in this section is intended to affect the public record status of information 31
merely because it is stored in a computer. 32
(j) No public records shall be withheld based on the purpose for which the records are 33
sought, nor shall a public body require, as a condition of fulfilling a public records request, that a 34
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person or entity provide a reason for the request or provide personally identifiable information 1
about him/herself. 2
(k) At the election of the person or entity requesting the public records, the public body 3
shall provide copies of the public records electronically, by facsimile, or by mail in accordance 4
with the requesting person or entity’s choice, unless complying with that preference would be 5
unduly burdensome due to the volume of records requested or the costs that would be incurred. The 6
person requesting delivery shall be responsible for the actual cost of delivery, if any. 7
SECTION 2. This act shall take effect upon passage. 8
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EXPLANATION
BY THE LEGISLATIVE COUNCIL
OF
A N A C T
RELATING TO PUBLIC RECORDS -- ACCESS TO PUBLIC RECORDS
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This act would allow that public records stored in a computer system, upon request, be 1
provided at no charge. 2
This act would take effect upon passage. 3
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