2025 -- H 6273
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LC002771
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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
____________
A N A C T
RELATING TO PUBLIC RECORDS -- ACCESS TO PUBLIC RECORDS
Introduced By: Representatives Serpa, and Fellela
Date Introduced: April 25, 2025
Referred To: House State Government & Elections
It is enacted by the General Assembly as follows:
SECTION 1. Sections 38-2-1, 38-2-2, 38-2-3, 38-2-3.2, 38-2-3.16, 38-2-4, 38-2-7, 38-2-9, 1
38-2-14 and 38-2-15 of the General Laws in Chapter 38-2 entitled "Access to Public Records" are 2
hereby amended to read as follows: 3
38-2-1. Purpose. 4
The public’s right to access to public records and the individual’s right to dignity and 5
privacy are both recognized to be principles of the utmost importance in a free society. The purpose 6
of this chapter is to facilitate public access to public records. It is also the intent of this chapter to 7
protect from disclosure information about particular individuals maintained in the files of public 8
bodies when disclosure would constitute an unwarranted invasion of personal privacy as specified 9
by the exemptions contained in this chapter. 10
38-2-2. Definitions. 11
As used in this chapter: 12
(1) “Agency” or “public body” means any executive, legislative, judicial, regulatory, or 13
administrative body of the state, or any political subdivision thereof; including, but not limited to: 14
any department, division, agency, commission, board, office, bureau, authority; any school, fire, or 15
water district, or other agency of Rhode Island state or local government that exercises 16
governmental functions; any authority as defined in § 42-35-1(b); or any other public or private 17
agency, person, partnership, corporation, or business entity acting on behalf of and/or in place of 18
any public agency, and shall also include the police department of any private educational 19
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institution of higher learning employing any special police officers pursuant to § 12-2.1-1 or peace 1
officers as defined in § 12-7-21. 2
(2) “Chief administrative officer” means the highest authority of the public body. 3
(3) “Public business” means any matter over which the public body has supervision, 4
control, jurisdiction, or advisory power. 5
(4) “Public record” or “public records” shall mean all documents, papers, letters, maps, 6
books, tapes, photographs, films, sound recordings, magnetic or other tapes, electronic data 7
processing records, computer stored data (including electronic mail messages, except specifically 8
for any electronic mail messages of or to elected officials with or relating to those they represent 9
and correspondence of or to elected officials in their official capacities as otherwise exempt under 10
this chapter), or other material regardless of physical form or characteristics made or received 11
pursuant to law or ordinance or in connection with the transaction of official business by any 12
agency. For the purposes of this chapter, and subject to the provisions of § 38-2-3(b), the following 13
records shall not be deemed public: 14
(A)(I)(a)(i) All records relating to a client/attorney relationship and to a doctor/patient 15
relationship, including all medical records and information protected by state or federal healthcare 16
confidentiality laws relating to an individual in any files. 17
(ii) All records protected by the attorney-client privilege or attorney work product 18
privilege. 19
(b) Personnel and other personal individually identifiable records otherwise deemed 20
confidential by federal or state law or by federal law or regulation, or the disclosure of which would 21
constitute a clearly unwarranted invasion of personal privacy pursuant to 5 U.S.C. § 552 et seq.; 22
provided, however, with respect to employees, and employees of contractors and subcontractors 23
working on public works projects that are required to be listed as certified payrolls, the name, gross 24
salary, salary range, total cost of paid fringe benefits, gross amount received in overtime, and any 25
other remuneration in addition to salary, job title, job description, dates of employment and 26
positions held with the state, municipality, or public works contractor or subcontractor on public 27
works projects, employment contract, work location, and/or project, business telephone number, 28
the city or town of residence, and date of termination shall be public. For the purposes of this section 29
“remuneration” shall include any payments received by an employee as a result of termination, or 30
otherwise leaving employment, including, but not limited to, payments for accrued sick and/or 31
vacation time, severance pay, or compensation paid pursuant to a contract buy-out provision. For 32
purposes of this section, the city or town residence shall not be deemed public for peace officers, 33
as defined in § 12-7-21, and shall not be released. For purposes of this section, "employee" means 34
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those individuals currently employed by a public body and those previously employed by a public 1
body. 2
(II) Notwithstanding the provisions of this section, or any other provision of the general 3
laws to the contrary, the pension records of all persons who are either current or retired members 4
of any public retirement systems, as well as all persons who become members of those retirement 5
systems after June 17, 1991, shall be open for public inspection. “Pension records” as used in this 6
section, shall include all records containing information concerning pension and retirement benefits 7
of current and retired members of the retirement systems and future members of said systems, 8
including all records concerning retirement credits purchased and the ability of any member of the 9
retirement system to purchase retirement credits, but excluding all information regarding the 10
medical condition of any person and all information identifying the member’s designated 11
beneficiary or beneficiaries unless and until the member’s designated beneficiary or beneficiaries 12
have received or are receiving pension and/or retirement benefits through the retirement system. 13
(B) Trade secrets and commercial or financial information obtained from a person, firm, 14
or corporation that is of a privileged or confidential nature. 15
(C) Child custody and adoption records, records of illegitimate births, and records of 16
juvenile proceedings before the family court. 17
(D) All records maintained by law enforcement agencies for criminal law enforcement and 18
all records relating to the detection and investigation of crime, including those maintained on any 19
individual or compiled in the course of a criminal investigation by any law enforcement agency. 20
Provided, however, such records shall not be deemed public only to the extent that the disclosure 21
of the records or information (a) Could reasonably be expected to interfere with investigations of 22
criminal activity or with enforcement proceedings; (b) Would deprive a person of a right to a fair 23
trial or an impartial adjudication; (c) Could reasonably be expected to constitute an unwarranted 24
invasion of personal privacy; (d) Could reasonably be expected to disclose the identity of a 25
confidential source, including a state, local, or foreign agency or authority, or any private institution 26
that furnished information on a confidential basis, or the information furnished by a confidential 27
source; (e) Would disclose techniques and procedures for law enforcement investigations or 28
prosecutions, or would disclose guidelines for law enforcement investigations or prosecutions; or 29
(f) Could reasonably be expected to endanger the life or physical safety of any individual. Records 30
relating to management and direction of a law enforcement agency and records or reports reflecting 31
and describing the initial arrest of an adult and the charge or charges brought against an adult shall 32
be public. A police report of an incident that does not lead to an arrest shall not be deemed 33
presumptively exempt from disclosure. 34
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(I) Notwithstanding any other provision of law, any final reports of investigations 1
conducted by internal affair units or their equivalent, regardless of how or by whom the 2
investigation was initiated, shall be public records; provided, however, names, addresses and other 3
personal identifiers may be redacted from the reports to the extent their disclosure would constitute 4
a clearly unwarranted invasion of personal privacy. The name and underlying activity of any law 5
enforcement officer who has been found to have engaged in misconduct that has required 6
prosecutorial disclosure to a criminal defendant shall be public. Provided, however, no personally 7
identifiable information shall be released to the extent its release would be in conflict with chapter 8
28.6 or title 42 (the "law enforcement officers' bill of rights"). 9
(II) All police body-worn camera recordings shall be subject to this chapter; provided, 10
however, any recordings of incidents involving police use of force in which an investigation is 11
ongoing shall be made available within thirty (30) days of a request in full or redacted form. 12
Notwithstanding the foregoing, a law enforcement agency may petition the superior court for a 13
twenty (20) day extension if it can demonstrate that release within the thirty (30) day period would 14
substantially interfere with completion of its investigation. 15
(E) Any records that would not be available by law or rule of court to an opposing party in 16
litigation. 17
(F) Scientific and technological secrets and the security plans of military and law 18
enforcement agencies, the disclosure of which would endanger the public welfare and security. 19
(G) Any records that disclose the identity of the contributor of a bona fide and lawful 20
charitable contribution to the public body whenever public anonymity has been requested of the 21
public body with respect to the contribution by the contributor. 22
(H) Reports and statements of strategy or negotiation involving labor negotiations or 23
collective bargaining. 24
(I) Reports and statements of strategy or negotiation with respect to the investment or 25
borrowing of public funds, until such time as those transactions are entered into. 26
(J) Any minutes of a meeting of a public body that are not required to be disclosed pursuant 27
to chapter 46 of title 42. 28
(K) Preliminary drafts, notes, impressions, memoranda, working papers, and work 29
products, including those involving research at state institutions of higher education on commercial, 30
scientific, artistic, technical, or scholarly issues, whether in electronic or other format; provided, 31
however, any documents submitted at a public meeting of a public body shall be deemed public. 32
(L) Test questions, scoring keys, and other examination data used to administer a licensing 33
examination, examination for employment or promotion, or academic examinations; provided, 34
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however, that a person shall have the right to review the results of his or her examination. 1
(M) Correspondence of or to elected officials with or relating to those they represent and 2
correspondence of or to elected officials in their official capacities that has no demonstrable 3
connection to the exercise of official acts or duties. 4
(N) The contents of real estate appraisals, engineering, or feasibility estimates and 5
evaluations made for or by an agency relative to the acquisition of property or to prospective public 6
supply and construction contracts, until such time as all of the property has been acquired or all 7
proceedings or transactions have been terminated or abandoned; provided the law of eminent 8
domain shall not be affected by this provision. 9
(O) All tax returns. 10
(P) All investigatory records of public bodies, with the exception of law enforcement 11
agencies, pertaining to possible violations of statute, rule, or regulation other than records of final 12
actions taken, provided that all records prior to formal notification of violations or noncompliance 13
shall not be deemed to be public, except that, upon good cause shown, such records may be released 14
upon the completion of formal notification. 15
(Q) Records of individual test scores on professional certification and licensing 16
examinations; provided, however, that a person shall have the right to review the results of his or 17
her examination. 18
(R) Requests for advisory opinions until such time as the public body issues its opinion. 19
(S) Records, reports, opinions, information, and statements required to be kept confidential 20
by federal law or regulation or state law or rule of court; provided that, the public body shall provide 21
a citation to the law, regulation or rule relied upon in withholding any records under this exception. 22
(T) Judicial bodies are included in the definition only in respect to their administrative 23
function provided that records kept pursuant to the provisions of chapter 16 of title 8 are exempt 24
from the operation of this chapter. 25
(U) Library records that, by themselves or when examined with other public records, would 26
reveal the identity of the library user requesting, checking out, or using any library materials. 27
(V) Printouts from TELE — TEXT devices used by people who are deaf or hard of hearing 28
or speech impaired. 29
(W) All records received by the insurance division of the department of business regulation 30
from other states, either directly or through the National Association of Insurance Commissioners, 31
if those records are accorded confidential treatment in that state. Nothing contained in this title or 32
any other provision of law shall prevent or be construed as prohibiting the commissioner of 33
insurance from disclosing otherwise confidential information to the insurance department of this 34
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or any other state or country, at any time, so long as the agency or office receiving the records 1
agrees in writing to hold it confidential in a manner consistent with the laws of this state. 2
(X) Credit card account numbers in the possession of state or local government are 3
confidential and shall not be deemed public records. 4
(Y) Any documentary material, answers to written interrogatories, or oral testimony 5
provided under any subpoena issued under § 9-1.1-6. Notwithstanding this provision and absent a 6
court order to the contrary, a subpoena issued by a governmental entity to a public body or a public 7
official regarding official business shall be public record. 8
(Z) Any individually identifiable evaluations of public school employees made pursuant to 9
state or federal law or regulation. 10
(AA) All documents prepared by school districts intended to be used by school districts in 11
protecting the safety of their students from potential and actual threats. 12
(BB) The list of teachers terminated for good and just cause maintained by the department 13
of education pursuant to § 16-13-9. 14
38-2-3. Right to inspect and copy records — Duty to maintain minutes of meetings — 15
Procedures for access. 16
(a) Except as provided in § 38-2-2(4), all records maintained or kept on file by stored by 17
or for any public body, whether or not those records are required by any law or by any rule or 18
regulation, and regardless of physical location, shall be public records and every person or entity 19
shall have the right to inspect and/or copy those records at such reasonable time as may be 20
determined by the custodian thereof. 21
(b) Any reasonably segregable portion of a public record excluded by § 38-2-2(4), 22
including the reasonably segregable portion of any record deemed confidential pursuant to any 23
other state law, shall be available for public inspection after the deletion of the information which 24
is the basis of the exclusion. If an entire document or record is deemed non-public, the public body 25
shall state in writing that no portion of the document or record contains reasonable segregable 26
information that is releasable. In withholding any document or any portion of a document, the 27
public body shall identify the amount of information withheld and the exemption under which it 28
was withheld, and in the case of redactions, the exemption under which any redaction is made shall 29
be indicated on the released portion of the record or shall be clearly delineated in a privilege log 30
that reasonably apprises the requester of the specific basis for the redaction of any particular 31
document. 32
(c) All documents to be discussed at an open meeting of a public body shall be posted or 33
linked with the electronic filing of the agenda submitted to the secretary of state pursuant to § 42-34
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46-6(f). Notwithstanding the provisions of § 38-2-2(4), any documents reviewed, considered, or 1
submitted at a public meeting of a public body shall be deemed public and shall also be made 2
available upon request to any member of the public present at the meeting. 3
(c)(d) Each public body shall make, keep, and maintain written or recorded minutes of all 4
meetings. 5
(d)(e) Each public body shall establish written procedures regarding access to public 6
records but shall not require written requests for public information available pursuant to § 42-35-7
2 or for other documents prepared for or readily available to the public, including any documents 8
reviewed, considered, or submitted at a public meeting of a public body. 9
These procedures must include, but need not be limited to, the identification of a designated 10
public records officer or unit, how to make a public records request, and where a public record 11
request should be made, and a copy of these procedures shall be posted on the public body’s website 12
if such a website is maintained and shall be made otherwise readily available to the public. The 13
unavailability of a designated public records officer shall not be deemed good cause for failure to 14
timely comply with a request to inspect and/or copy public records pursuant to subsection (e). A 15
link to the public body's procedures shall be prominently displayed on the home page of its website, 16
including a link to the appropriate webpage if the public body requires that requests be submitted 17
to another public body of the state or municipality. A written request for public records need not 18
be made on a form established by a public body if the request is otherwise readily identifiable as a 19
request for public records. The procedures shall allow requests for public records to be submitted 20
in person, by regular and electronic mail, and, at the public body's discretion, by fax or online 21
portal. 22
(f) A requester's failure to follow the written procedures established by a public body shall 23
not, by itself, serve as a basis to fail to comply with a request for public records. 24
(g) If a request for records is sent to a public body other than through the designated public 25
records officer or unit, the recipient of the request shall be responsible for forwarding it to the 26
designated officer or unit. In such circumstances, the public body shall have an additional five (5) 27
days to respond to the request, notwithstanding the provisions of § 38-2-7, but shall not be found 28
in violation of this chapter for responding beyond this timeframe if the public body has acted in 29
good faith in responding. 30
(e)(h) A public body receiving a request shall permit the inspection or copying within ten 31
(10) business days after receiving a request. If the inspection or copying is not permitted within ten 32
(10) business days, the public body shall forthwith explain in writing the need for additional time 33
to comply with the request. Any such explanation must be particularized to the specific request 34
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made. In such cases the public body may have up to an additional twenty (20) business days to 1
comply with the request if it can demonstrate with specificity that the voluminous nature of the 2
request, the number of requests for records pending (in which case the number of pending requests 3
shall be cited in the response), or the difficulty in searching for and retrieving or copying the 4
requested records, is such that additional time is necessary to avoid imposing an undue burden on 5
the public body. The response times established by this subsection, §§ 38-2-3.2(a), and 38-2-6
2(4)(D)(II) may be further extended only with the explicit written consent of the requester. 7
(i) The unavailability of a designated public records officer shall not be deemed good cause 8
for failure to timely comply with a request to inspect and/or copy public records pursuant to 9
subsection (h) of this section. 10
(f)(j) If a public record is in active use or in storage and, therefore, not available at the time 11
a person or entity requests access, the custodian shall so inform the person or entity and make an 12
appointment for the person or entity to examine such records as expeditiously as they may be made 13
available. 14
(g)(k) Any person or entity requesting copies of public records may elect to obtain them in 15
any and all media in which the public agency is capable of providing them. Any public body which 16
maintains its records in a computer storage system shall provide any data properly identified in a 17
printout or other reasonable format, as requested, including a format allowing the documents to be 18
searchable electronically where feasible. 19
(h)(l) Nothing in this section shall be construed as requiring a public body to reorganize, 20
consolidate, or compile data not maintained by the public body in the form requested at the time 21
the request to inspect the public records was made except to the extent that such records are in an 22
electronic format and the public body would not be unduly burdened in providing such data. 23
(i)(m) Nothing in this section is intended to affect the public record status of information 24
merely because it is stored in a computer. 25
(j)(n) No public records shall be withheld based on the purpose for which the records are 26
sought, nor shall a public body require, as a condition of fulfilling a public records request, that a 27
person or entity provide a reason for the request or provide personally identifiable information 28
about him/herself. 29
(k)(o) At the election of the person or entity requesting the public records, the public body 30
shall provide copies of the public records electronically, by facsimile, or by mail in accordance 31
with the requesting person or entity’s choice, unless complying with that preference would be 32
unduly burdensome due to the volume of records requested or the costs that would be incurred. The 33
person requesting delivery shall be responsible for the actual cost of delivery, if any. 34
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(p) Any provision in a contractual or other agreement entered into by a public body with a 1
third party that purports to keep records confidential that are otherwise public under this chapter 2
shall be deemed null and void; nor shall a public body delegate to a private party the determination 3
as to what information provided by that party is exempt from disclosure under this chapter. 4
38-2-3.2. Arrest logs. 5
(a) Notwithstanding the provisions of § 38-2-3(e), the following information reflecting an 6
initial arrest of an adult and charge or charges shall be made available within forty-eight (48) hours 7
after receipt of a request unless a request is made on a weekend or holiday, in which event the 8
information shall be made available within seventy-two (72) hours, to the extent such information 9
is known by the public body: 10
(1) Full name of the arrested adult; 11
(2) Home address of the arrested adult, unless doing so would identify a crime victim; 12
(3) Year of birth of the arrested adult; 13
(4) Charge or charges; 14
(5) Date of the arrest; 15
(6) Time of the arrest; 16
(7) Gender of the arrested adult; 17
(8) Race of the arrested adult; and 18
(9) Name of the arresting officer, unless doing so would identify an undercover officer. 19
(b) The provisions of this section shall apply to arrests made within five (5) thirty (30) days 20
prior to the request, and the attorney general shall prepare a uniform log form for public bodies to 21
use to facilitate compliance with this section. 22
38-2-3.16. Compliance by agencies and public bodies. 23
Not later than January 1, 2013, and annually thereafter, the chief administrator of each 24
agency and each public body shall state in writing to the attorney general that all officers and 25
employees who have the authority to grant or deny persons or entities access to records under this 26
chapter have been provided orientation and training regarding this chapter. The attorney general 27
may, in accordance with the provisions of chapter 35 of title 42, promulgate rules and regulations 28
necessary to implement the requirements of this section, and shall annually, and not later than 29
March 1, post online a list of those public bodies that have provided the statement required by this 30
section, and those public bodies that, having submitted a statement in any previous year, have failed 31
to do so for the current year. 32
38-2-4. Cost. 33
(a) Subject to the provisions of § 38-2-3, a public body must allow copies to be made or 34
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provide copies of public records. The cost per copied page of written documents provided to the 1
public shall not exceed fifteen cents ($.15) five cents ($.05) per page for documents copyable on 2
common business or legal size paper. A public body may not charge more than the reasonable 3
actual cost for providing electronic records or retrieving records from storage where the public 4
body is assessed a retrieval fee. 5
(b) A reasonable charge may be made for the search or retrieval of documents. Hourly costs 6
for a search and retrieval shall not exceed fifteen dollars ($15.00) per hour and no costs shall be 7
charged for the first hour two (2) hours of a search or retrieval or for the first two (2) hours used 8
for the redaction of documents. No charge shall be imposed for the denial of a request for records. 9
For the purposes of this subsection, multiple requests from any person or entity to the same public 10
body within a thirty (30) day time period shall be considered one request. 11
(c) Copies of documents shall be provided and the search and retrieval of documents 12
accomplished within a reasonable time after a request. A public body upon request, shall provide 13
an estimate of the costs of a request for documents prior to providing copies. 14
(d) Upon request, the public body shall provide a detailed itemization of the costs charged 15
for search and retrieval. 16
(e) A public body, the attorney general, and the court may shall reduce or waive the fees 17
for costs charged for search or retrieval if it determines that the requester demonstrates that the 18
information requested is in the public interest because it is likely to contribute significantly to public 19
understanding of the operations or activities of the government and affirms that the request is not 20
primarily in the commercial interest of the requester. Any requester denied a reduction or waiver 21
of fees, or seeking to contest the amount of a reduction, by a public body or the attorney general 22
may file suit pursuant to the provisions of § 38-2-9. The matter shall be reviewed de novo by the 23
court. 24
38-2-7. Denial of access. 25
(a) Any denial of the right to inspect or copy records, in whole or in part provided for under 26
this chapter shall be made to the person or entity requesting the right in writing giving the specific 27
reasons for the denial within ten (10) business days of the request and indicating the procedures for 28
appealing the denial. Except for good cause shown, any reason not specifically set forth in the 29
denial shall be deemed waived by the public body. 30
(b) Failure to comply with a request to inspect or copy the public record within the ten (10) 31
business day period shall be deemed to be a denial. Except that for good cause shown, this limit 32
may be extended in accordance with the provisions of § 38-2-3(e) 38-2-3(h). All copying and search 33
and retrieval fees shall be waived if a public body fails to produce requested records in a timely 34
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manner; provided, however, that the production of records shall not be deemed untimely if the 1
public body is awaiting receipt of payment for costs properly charged under § 38-2-4. 2
(c) A public body that receives a request to inspect or copy records that do not exist or are 3
not within its custody or control shall, in responding to the request in accordance with this chapter, 4
state that it does not have or maintain the requested records. 5
38-2-9. Jurisdiction of superior court. 6
(a) Jurisdiction to hear and determine civil actions brought under this chapter is hereby 7
vested in the superior court. 8
(b) The court may examine any record which is the subject of a suit in camera to determine 9
whether the record or any part thereof may be withheld from public inspection under the terms of 10
this chapter. 11
(c) Actions brought under this chapter may be advanced on the calendar upon motion of 12
any party, or sua sponte by the court made in accordance with the rules of civil procedure of the 13
superior court. 14
(d) The court shall impose a civil fine not exceeding two thousand dollars ($2,000) four 15
thousand dollars ($4,000) against a public body or official found to have committed a knowing and 16
willful violation of this chapter, and a civil fine not to exceed one thousand dollars ($1,000) two 17
thousand dollars ($2,000) against a public body found to have recklessly violated this chapter and 18
shall award reasonable attorney fees and costs to the prevailing plaintiff. In the instance of a court 19
having found a knowing and willful violation, the court may also, taking into consideration any 20
delays in the prosecution and appeal of a request denial, impose a fine of up to one hundred dollars 21
($100) per day for each day that records were improperly withheld, and may further award 22
compensatory and punitive damages. The court shall further order a public body found to have 23
wrongfully denied access to public records to provide the records at no cost to the prevailing party; 24
provided, further, that in the event that the court, having found in favor of the defendant, finds 25
further that the plaintiff’s case lacked a grounding in fact or in existing law or in good faith 26
argument for the extension, modification, or reversal of existing law, the court may award 27
attorney’s fees and costs to the prevailing defendant. A judgment in the plaintiff’s favor shall not 28
be a prerequisite to obtaining an award of attorney’s fees and/or costs if the court determines that 29
the defendant’s case lacked grounding in fact or in existing law or a good faith argument for 30
extension, modification or reversal of existing law. 31
(e) Any civil fines imposed under this section shall be placed in a restricted receipt account 32
of the state and shall be used to provide grants to municipalities to support information technology 33
capabilities that will increase the public's online access to public records. 34
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38-2-14. Information relating to settlement of legal claims. 1
Settlement agreements of any legal claims against or by a governmental entity shall be 2
deemed public records. 3
38-2-15. Reported violations. 4
Every year the attorney general shall prepare a report summarizing all the complaints 5
received pursuant to this chapter, which shall be submitted to the legislature and which shall include 6
information as to how many complaints were found to be meritorious and the action taken by the 7
attorney general in response to those complaints. The attorney general shall publish on a keyword 8
searchable website the full text of all findings and decisions issued by the attorney general in 9
response to those complaints, all advisory opinions issued under this chapter, and the annual reports 10
issued pursuant to this section. 11
SECTION 2. Chapter 38-2 of the General Laws entitled "Access to Public Records" is 12
hereby amended by adding thereto the following section: 13
38-2-17. Vexatious requests. 14
(a) If a person makes a request to view or copy a public record that is part of a series of 15
contemporaneous requests filed with the intent to disrupt government operations, the chief 16
administrative officer of the public body may petition the superior court for an order to relieve the 17
custodian of the records from fulfilling the request. 18
(b) A chief administrative officer shall not petition a court for relief unless the officer or 19
the custodian of the records has provided in writing to the person making the request the specific 20
reasons that the request is considered an attempt to disrupt government operations in violation of 21
this section, and the person has continued to engage in such conduct after the notification. Reliance 22
solely on the number of requests filed or the number of records sought shall not be a basis for 23
deeming the request an intent to disrupt government operations. 24
(c) After a petition is filed and while the case is pending, the records custodian shall 25
continue to comply with the request, but if the chief administrative officer prevails, the person 26
making the requests shall reimburse the custodian for the reasonable costs incurred in producing 27
the records during the pendency of the case, in accordance with § 38-2-4. 28
(d) A court may, upon finding by clear and convincing evidence that a records request was 29
made with the intent to disrupt government operations, issue an order authorizing the custodian of 30
the records to ignore the request that is the subject of the complaint. 31
(e) Upon a second finding that a person has filed a request with the intent to disrupt 32
government operations, a court may provide additional appropriate relief including, but not limited 33
to, an order that the custodian of the records need not comply with future requests from the person 34
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for a specified period of time, but not to exceed one year. 1
(f) If a complaint brought under this section is dismissed by the court or the chief 2
administrative officer without a requisite finding of an attempt to disrupt government operations, 3
the requester of the records shall be entitled to an award of reasonable attorneys’ fees and costs. If 4
the court determines that the complaint lacked grounding in fact or law, the requester shall in 5
addition be entitled to an award of damages not to exceed five thousand dollars ($5,000). 6
38-2-18. Traffic accident and improvement data. 7
Notwithstanding any other provision of this chapter or state law, any records that, under 23 8
U.S.C. § 407, are not discoverable or admissible in court proceedings or allowed to be considered 9
for other purposes in damages actions shall nonetheless be deemed public records; provided, 10
however, the records may not be used for purposes prohibited by that federal statute. When making 11
the records public, whether in response to a request pursuant to this chapter or otherwise, a public 12
body may provide written notice of the aforementioned restrictions on their use. 13
38-2-19. Preferred license plates. 14
Notwithstanding any other provisions of this chapter or state law, and to the extent not 15
prohibited by the Driver's Privacy Protection Act of 1994, 18 U.S.C. § 2721 et seq., the names of 16
any individuals who obtain a preferred license plate shall be a public record available upon request. 17
A "preferred license plate" means a license plate of one to four (4) digits, or a combination of one 18
to two (2) letters and one to three (3) digits, whose issuance is approved by, or subject to the 19
approval of, the office of the governor. 20
SECTION 3. Section 39-21.1-17 of the General Laws in Chapter 39-21.1 entitled "911 21
Emergency Telephone Number Act" is hereby amended to read as follows: 22
39-21.1-17. Confidentiality of calls. 23
(a) All telephone calls and telephone call transmissions, including electronic text message, 24
photos or videos, received pursuant to this chapter and all tapes containing records of telephone 25
calls shall remain confidential and used only for the purpose of handling emergency calls and for 26
public safety purposes as may be needed for law enforcement, fire, medical, rescue or other 27
emergency services. The calls shall not be released to any other parties without the written consent 28
of the caller whose voice is recorded, or upon order of the court. 29
(b) Notwithstanding subsection (a) of this section, calls shall be released to third parties: 30
(1) Upon good cause shown; 31
(2) Upon order of the court; or 32
(3) Upon request, to: 33
(i) The individual placing the call; 34
LC002771 - Page 14 of 15
(ii) Any individual who is heard on the call communicating information to or for the 1
emergency responder or operator; and 2
(iii) The subject(s) of the call who required emergency services or, if they are incapacitated 3
or deceased, their next of kin. 4
SECTION 4. This act shall take effect upon passage. 5
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LC002771 - Page 15 of 15
EXPLANATION
BY THE LEGISLATIVE COUNCIL
OF
A N A C T
RELATING TO PUBLIC RECORDS -- ACCESS TO PUBLIC RECORDS
***
This act would make numerous changes to the access to public records act, including 1
clarifying various provisions, increasing the sanctions for knowing and willful violations of the 2
law, and making certain traffic accident data and preferred license plate information public. 3
Additionally, this act would include a police report of an incident that does not lead to an arrest as 4
accessible to public records request. Any final reports of investigations conducted by internal 5
affairs would be accessible to public records request. All police worn body camera footage would 6
be accessible to public records request and would be made available within thirty (30) days. Arrest 7
logs made within thirty (30) days of arrest, changed from five (5) days previously, would be 8
accessible to public records request. A civil fine for public officials who knowingly violate this 9
chapter would increase from two thousand dollars ($2,000) to four thousand dollars ($4,000), and 10
if a public official recklessly violates this chapter a fine of two thousand dollars ($2,000) this is a 11
change from one thousand dollars ($1,000) previously. There would also be relief in the case of a 12
person filing frivolous request with the intent to disrupt government operations. 13
This act would take effect upon passage. 14
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