2021 -- S 0520

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LC002245

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2021

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A N   A C T

RELATING TO PUBLIC RECORDS -- ACCESS TO PUBLIC RECORDS

     

     Introduced By: Senators Mack, Acosta, Calkin, Anderson, Bell, Miller, and Murray

     Date Introduced: March 04, 2021

     Referred To: Senate Judiciary

     It is enacted by the General Assembly as follows:

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     SECTION 1. Chapter 38-2 of the General Laws entitled "Access to Public Records" is

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hereby amended by adding thereto the following section:

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     38-2-17. Restricted use of prior names.

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     (a) Every state and municipal employee shall refrain from the disclosure, use, reference or

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inclusion of the prior name, gender (or gender pronoun) or prior identity of any person who has

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legally changed their name, gender or identity to include, but not limited to, changes to correspond

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to the person's gender identity. The prohibition shall include, but not be limited to: official records,

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reports, communication and oral statements to the press or public.

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     (b) Any reference in records to the prior name, gender or identity of a person who has

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legally changed their name, may only be maintained by a public official, body or department when

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necessary to perform a governmental function and when the information is of a nature so as to be

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exempt from public disclosure pursuant to the provisions of the chapter 2 of title 38 ("access to

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public records act").

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     (c) Any person, official, body or department violating the provisions of this section, shall

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immediately upon notice of the violation, offer to issue a corrected statement and a written apology

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to the person whose prior name was used or disclosed.

 

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     SECTION 2. This act shall take effect upon passage.

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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 prohibit the disclosure or use of a person's prior name by public officials if

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the person's name has been legally changed.

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     This act would take effect upon passage.

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