2013 -- S 0767 SUBSTITUTE A AS AMENDED

=======

LC01502/SUB A

=======

STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2013

____________

A N A C T

RELATING TO PUBLIC RECORDS - ACCESS TO PUBLIC RECORDS

     Introduced By: Senators Gallo, Lynch, and Satchell

     Date Introduced: March 13, 2013

     Referred To: Senate Judiciary

It is enacted by the General Assembly as follows:

1-1

     SECTION 1. Section 38-2-2 of the General Laws in Chapter 38-2 entitled "Access to

1-2

Public Records" is hereby amended to read as follows:

1-3

     38-2-2. Definitions. -- As used in this chapter:

1-4

      (1) "Agency" or "public body" means any executive, legislative, judicial, regulatory, or

1-5

administrative body of the state, or any political subdivision thereof; including, but not limited to,

1-6

any department, division, agency, commission, board, office, bureau, authority, any school, fire,

1-7

or water district, or other agency of Rhode Island state or local government which exercises

1-8

governmental functions, any authority as defined in section 42-35-1(b), or any other public or

1-9

private agency, person, partnership, corporation, or business entity acting on behalf of and/or in

1-10

place of any public agency.

1-11

      (2) "Chief administrative officer" means the highest authority of the public body.

1-12

      (3) "Public business" means any matter over which the public body has supervision,

1-13

control, jurisdiction, or advisory power.

1-14

      (4) "Public record" or "public records" shall mean all documents, papers, letters, maps,

1-15

books, tapes, photographs, films, sound recordings, magnetic or other tapes, electronic data

1-16

processing records, computer stored data (including electronic mail messages, except specifically

1-17

for any electronic mail messages of or to elected officials with or relating to those they represent

1-18

and correspondence of or to elected officials in their official capacities) or other material

1-19

regardless of physical form or characteristics made or received pursuant to law or ordinance or in

1-20

connection with the transaction of official business by any agency. For the purposes of this

2-1

chapter, the following records shall not be deemed public:

2-2

      (A) (I) (a) All records relating to a client/attorney relationship and to a doctor/patient

2-3

relationship, including all medical information relating to an individual in any files.

2-4

      (b) Personnel and other personal individually-identifiable records otherwise deemed

2-5

confidential by federal or state law or regulation, or the disclosure of which would constitute a

2-6

clearly unwarranted invasion of personal privacy pursuant to 5 U.S.C. section 552 et. seq.;

2-7

provided, however, with respect to employees, and employees of contractors and subcontractors

2-8

working on public works projects which are required to be listed as certified payrolls, the name,

2-9

gross salary, salary range, total cost of paid fringe benefits, gross amount received in overtime,

2-10

and any other remuneration in addition to salary, job title, job description, dates of employment

2-11

and positions held with the state, municipality, employment contract, or public works contractor

2-12

or subcontractor on public works projects work location, and/or project, business telephone

2-13

number, the city or town of residence, and date of termination shall be public. For the purposes of

2-14

this section "remuneration" shall include any payments received by an employee as a result of

2-15

termination, or otherwise leaving employment, including, but not limited to, payments for

2-16

accrued sick and/or vacation time, severance pay, or compensation paid pursuant to a contract

2-17

buy-out provision.

2-18

      (II) Notwithstanding the provisions of this section, or any other provision of the general

2-19

laws to the contrary, the pension records of all persons who are either current or retired members

2-20

of any public retirement systems as well as all persons who become members of those retirement

2-21

systems after June 17, 1991 shall be open for public inspection. "Pension records" as used in this

2-22

section shall include all records containing information concerning pension and retirement

2-23

benefits of current and retired members of the retirement systems and future members of said

2-24

systems, including all records concerning retirement credits purchased and the ability of any

2-25

member of the retirement system to purchase retirement credits, but excluding all information

2-26

regarding the medical condition of any person and all information identifying the member's

2-27

designated beneficiary or beneficiaries unless and until the member's designated beneficiary or

2-28

beneficiaries have received or are receiving pension and/or retirement benefits through the

2-29

retirement system.

2-30

      (B) Trade secrets and commercial or financial information obtained from a person, firm,

2-31

or corporation which is of a privileged or confidential nature.

2-32

      (C) Child custody and adoption records, records of illegitimate births, and records of

2-33

juvenile proceedings before the family court.

3-34

      (D) All records maintained by law enforcement agencies for criminal law enforcement

3-35

and all records relating to the detection and investigation of crime, including those maintained on

3-36

any individual or compiled in the course of a criminal investigation by any law enforcement

3-37

agency. Provided, however, such records shall not be deemed public only to the extent that the

3-38

disclosure of the records or information (a) could reasonably be expected to interfere with

3-39

investigations of criminal activity or with enforcement proceedings, (b) would deprive a person of

3-40

a right to a fair trial or an impartial adjudication, (c) could reasonably be expected to constitute an

3-41

unwarranted invasion of personal privacy, (d) could reasonably be expected to disclose the

3-42

identity of a confidential source, including a state, local, or foreign agency or authority, or any

3-43

private institution which furnished information on a confidential basis, or the information

3-44

furnished by a confidential source, (e) would disclose techniques and procedures for law

3-45

enforcement investigations or prosecutions, or would disclose guidelines for law enforcement

3-46

investigations or prosecutions or (f) could reasonably be expected to endanger the life or physical

3-47

safety of any individual. Records relating to management and direction of a law enforcement

3-48

agency and records or reports reflecting the initial arrest of an adult and the charge or charges

3-49

brought against an adult shall be public.

3-50

      (E) Any records which would not be available by law or rule of court to an opposing

3-51

party in litigation.

3-52

      (F) Scientific and technological secrets and the security plans of military and law

3-53

enforcement agencies, the disclosure of which would endanger the public welfare and security.

3-54

      (G) Any records which disclose the identity of the contributor of a bona fide and lawful

3-55

charitable contribution to the public body whenever public anonymity has been requested of the

3-56

public body with respect to the contribution by the contributor.

3-57

      (H) Reports and statements of strategy or negotiation involving labor negotiations or

3-58

collective bargaining.

3-59

      (I) Reports and statements of strategy or negotiation with respect to the investment or

3-60

borrowing of public funds, until such time as those transactions are entered into.

3-61

      (J) Any minutes of a meeting of a public body which are not required to be disclosed

3-62

pursuant to chapter 46 of title 42.

3-63

      (K) Preliminary drafts, notes, impressions, memoranda, working papers, and work

3-64

products; provided, however, any documents submitted at a public meeting of a public body shall

3-65

be deemed public.

3-66

      (L) Test questions, scoring keys, and other examination data used to administer a

3-67

licensing examination, examination for employment or promotion, or academic examinations;

3-68

provided, however, that a person shall have the right to review the results of his or her

4-1

examination.

4-2

      (M) Correspondence of or to elected officials with or relating to those they represent and

4-3

correspondence of or to elected officials in their official capacities.

4-4

      (N) The contents of real estate appraisals, engineering, or feasibility estimates and

4-5

evaluations made for or by an agency relative to the acquisition of property or to prospective

4-6

public supply and construction contracts, until such time as all of the property has been acquired

4-7

or all proceedings or transactions have been terminated or abandoned; provided the law of

4-8

eminent domain shall not be affected by this provision.

4-9

      (O) All tax returns.

4-10

      (P) All investigatory records of public bodies, with the exception of law enforcement

4-11

agencies, pertaining to possible violations of statute, rule, or regulation other than records of final

4-12

actions taken provided that all records prior to formal notification of violations or noncompliance

4-13

shall not be deemed to be public.

4-14

      (Q) Records of individual test scores on professional certification and licensing

4-15

examinations; provided, however, that a person shall have the right to review the results of his or

4-16

her examination.

4-17

      (R) Requests for advisory opinions until such time as the public body issues its opinion.

4-18

      (S) Records, reports, opinions, information, and statements required to be kept

4-19

confidential by federal law or regulation or state law, or rule of court.

4-20

      (T) Judicial bodies are included in the definition only in respect to their administrative

4-21

function provided that records kept pursuant to the provisions of chapter 16 of title 8 are exempt

4-22

from the operation of this chapter.

4-23

      (U) Library records which by themselves or when examined with other public records,

4-24

would reveal the identity of the library user requesting, checking out, or using any library

4-25

materials.

4-26

      (V) Printouts from TELE -- TEXT devices used by people who are deaf or hard of

4-27

hearing or speech impaired.

4-28

      (W) All records received by the insurance division of the department of business

4-29

regulation from other states, either directly or through the National Association of Insurance

4-30

Commissioners, if those records are accorded confidential treatment in that state. Nothing

4-31

contained in this title or any other provision of law shall prevent or be construed as prohibiting

4-32

the commissioner of insurance from disclosing otherwise confidential information to the

4-33

insurance department of this or any other state or country, at any time, so long as the agency or

4-34

office receiving the records agrees in writing to hold it confidential in a manner consistent with

5-1

the laws of this state.

5-2

      (X) Credit card account numbers in the possession of state or local government are

5-3

confidential and shall not be deemed public records.

5-4

      (Y) Any documentary material, answers to written interrogatories, or oral testimony

5-5

provided under any subpoena issued under Rhode Island general law section 9-1.1-6.

5-6

     (Z) Any individually identifiable information derived from evaluations of public

5-7

employees made pursuant to state or federal law or regulation.

5-8

     SECTION 2. This act shall take effect upon passage.

=======

LC01502/SUB A

========

EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO PUBLIC RECORDS - ACCESS TO PUBLIC RECORDS

***

6-1

     This act would exempt individually identifiable information derived from evaluations of

6-2

public school teachers and administrators made pursuant to state or federal law from the

6-3

definition of public record.

6-4

     This act would take effect upon passage.

=======

LC01502/SUB A

=======