Chapter 378

2006 -- S 2181

Enacted 07/07/06

A N A C T

RELATING TO PUBLIC RECORDS - ACCESS TO PUBLIC RECORDS

Introduced By: Senators McCaffrey, and Walaska

Date Introduced: January 26, 2006

It is enacted by the General Assembly as follows:

     SECTION 1. Section 38-2-8 of the General Laws in Chapter 38-2 entitled "Access to

Public Records" is hereby amended to read as follows:

38-2-8. Administrative appeals. -- (a) Any person or entity denied the right to inspect a

record of a public body by the custodian of the record may petition the chief administrative

officer of that public body for a review of the determinations made by his or her subordinate. The

chief administrative officer shall make a final determination whether or not to allow public

inspection within ten (10) business days after the submission of the review petition.

      (b) If the chief administrative officer determines that the record is not subject to public

inspection, the person or entity seeking disclosure may file a complaint with the attorney general.

The attorney general shall investigate the complaint and if the attorney general shall determine

that the allegations of the complaint are meritorious, he or she may institute proceedings for

injunctive or declaratory relief on behalf of the complainant in the superior court of the county

where the record is maintained. Nothing within this section shall prohibit any individual or entity

from retaining private counsel for the purpose of instituting proceedings for injunctive or

declaratory relief in the superior court of the county where the record is maintained.

      (c) The attorney general shall consider all complaints filed under this chapter to have

also been filed pursuant to the provisions of section 42-46-8(a), if applicable.

(d) Nothing within this section shall prohibit the attorney general from initiating a

complaint on behalf of the public interest.

     SECTION 2. This act shall take effect upon passage.

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LC00660

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