2024 -- S 2679

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LC005235

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2024

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A N   A C T

RELATING TO PUBLIC RECORDS -- ACCESS TO PUBLIC RECORDS

     

     Introduced By: Senator Jessica de la Cruz

     Date Introduced: March 01, 2024

     Referred To: Senate Judiciary

     It is enacted by the General Assembly as follows:

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     SECTION 1. Section 38-2-3 of the General Laws in Chapter 38-2 entitled "Access to Public

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Records" is hereby amended to read as follows:

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     38-2-3. Right to inspect and copy records — Duty to maintain minutes of meetings —

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Procedures for access.

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     (a) Except as provided in § 38-2-2(4), all records maintained or kept on file by any public

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body, whether or not those records are required by any law or by any rule or regulation, shall be

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public records and every person or entity shall have the right to inspect and/or copy those records

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at such reasonable time as may be determined by the custodian thereof.

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     (b) Any reasonably segregable portion of a public record excluded by § 38-2-2(4) shall be

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available for public inspection after the deletion of the information which is the basis of the

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exclusion. If an entire document or record is deemed non-public, the public body shall state in

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writing that no portion of the document or record contains reasonable segregable information that

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is releasable.

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     (c) Each public body shall make, keep, and maintain written or recorded minutes of all

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meetings.

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     (d) Each public body shall establish written procedures regarding access to public records

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but shall not require written requests for public information available pursuant to § 42-35-2 or for

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other documents prepared for or readily available to the public.

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     These procedures must include, but need not be limited to, the identification of a designated

 

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public records officer or unit, how to make a public records request, and where a public record

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request should be made, and a copy of these procedures shall be posted on the public body’s website

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if such a website is maintained and be made otherwise readily available to the public. The

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unavailability of a designated public records officer shall not be deemed good cause for failure to

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timely comply with a request to inspect and/or copy public records pursuant to subsection (e). A

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written request for public records need not be made on a form established by a public body if the

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request is otherwise readily identifiable as a request for public records.

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     (e) A public body receiving a request shall permit the inspection or copying within ten (10)

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business days after receiving a request. If the inspection or copying is not permitted within ten (10)

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business days, the public body shall forthwith explain in writing the need for additional time to

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comply with the request. Any such explanation must be particularized to the specific request made.

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In such cases the public body may have up to an additional twenty (20) business days to comply

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with the request if it can demonstrate that the voluminous nature of the request, the number of

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requests for records pending, or the difficulty in searching for and retrieving or copying the

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requested records, is such that additional time is necessary to avoid imposing an undue burden on

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the public body.

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     (f) If a public record is in active use or in storage and, therefore, not available at the time a

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person or entity requests access, the custodian shall so inform the person or entity and make an

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appointment for the person or entity to examine such records as expeditiously as they may be made

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available.

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     (g) Any person or entity requesting copies of public records may elect to obtain them in

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any and all media in which the public agency is capable of providing them. Any public body which

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maintains its records in a computer storage system shall provide any data properly identified in a

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printout or other reasonable format, as requested.

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     (h) Nothing in this section shall be construed as requiring a public body to reorganize,

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consolidate, or compile data not maintained by the public body in the form requested at the time

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the request to inspect the public records was made except to the extent that such records are in an

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electronic format and the public body would not be unduly burdened in providing such data.

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     (i) Nothing in this section is intended to affect the public record status of information

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merely because it is stored in a computer.

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     (j) No public records shall be withheld based on the purpose for which the records are

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sought, nor shall a public body require, as a condition of fulfilling a public records request, that a

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person or entity provide a reason for the request or provide personally identifiable information

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about him/herself.

 

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     (k) At the election of the person or entity requesting the public records, the public body

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shall provide copies of the public records electronically, by facsimile, or by mail in accordance

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with the requesting person or entity’s choice, unless complying with that preference would be

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unduly burdensome due to the volume of records requested or the costs that would be incurred. The

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person requesting delivery shall be responsible for the actual cost of delivery, if any.

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     (l) All records required to be maintained by any public body pursuant to this section shall,

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within thirty (30) days of receipt by the public body, be forwarded to the department of

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administration to be entered into a centralized online database to be maintained under the control

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of the department of administration pursuant to § 38-2-17.

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     SECTION 2. 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. Public records request management -- Online database.

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     (a) All records requests pursuant to this chapter, including any handling and management,

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compliance, training, and agency education, for agencies which report to the governor and all quasi-

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public agencies, shall be centralized within the department of administration.

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     (b) The department of administration shall post public records under this chapter online, in

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a searchable database and/or website, at no cost.

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     (c) Pursuant to this section all records that are not emails, text messages, police reports, or

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police body worn camera footage, shall be provided to the records requester unless the department

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of administration determines a cost is required to fulfill the request; the requester may appeal the

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cost estimate to the attorney general's office, and this appeal shall follow the appeal procedures

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pursuant to § 38-2-8. There is a presumption that any request cost in excess of five hundred dollars

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($500) shall be deemed excessive unless the agency can demonstrate an actual cost of that amount.

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     (d) The department of administration shall utilize resources available to it in existing

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budgetary authority, including public information officers and other communications personnel at

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state agencies, in order to fulfill records requests at no additional cost to requesters.

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     (e) Notwithstanding any general or public law to the contrary, the department of

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administration shall provide a uniform set of fees to be applied across all state agencies and quasi-

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public agencies for fulfilling requests under chapter 2 of title 38 ("access to public records").

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     SECTION 3. 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 implement additional management strategies for public records requests,

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including to have the department of administration manage all requests, create an online database

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to look-up requests, provide all requests in digital format and at no cost to the requestor, and provide

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a uniform set of fees when applicable.

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     This act would take effect upon passage.

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