2024 -- S 2679 | |
======== | |
LC005235 | |
======== | |
STATE OF RHODE ISLAND | |
IN GENERAL ASSEMBLY | |
JANUARY SESSION, A.D. 2024 | |
____________ | |
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: | |
1 | SECTION 1. Section 38-2-3 of the General Laws in Chapter 38-2 entitled "Access to Public |
2 | Records" is hereby amended to read as follows: |
3 | 38-2-3. Right to inspect and copy records — Duty to maintain minutes of meetings — |
4 | Procedures for access. |
5 | (a) Except as provided in § 38-2-2(4), all records maintained or kept on file by any public |
6 | body, whether or not those records are required by any law or by any rule or regulation, shall be |
7 | public records and every person or entity shall have the right to inspect and/or copy those records |
8 | at such reasonable time as may be determined by the custodian thereof. |
9 | (b) Any reasonably segregable portion of a public record excluded by § 38-2-2(4) shall be |
10 | available for public inspection after the deletion of the information which is the basis of the |
11 | exclusion. If an entire document or record is deemed non-public, the public body shall state in |
12 | writing that no portion of the document or record contains reasonable segregable information that |
13 | is releasable. |
14 | (c) Each public body shall make, keep, and maintain written or recorded minutes of all |
15 | meetings. |
16 | (d) Each public body shall establish written procedures regarding access to public records |
17 | but shall not require written requests for public information available pursuant to § 42-35-2 or for |
18 | other documents prepared for or readily available to the public. |
19 | These procedures must include, but need not be limited to, the identification of a designated |
| |
1 | public records officer or unit, how to make a public records request, and where a public record |
2 | request should be made, and a copy of these procedures shall be posted on the public body’s website |
3 | if such a website is maintained and be made otherwise readily available to the public. The |
4 | unavailability of a designated public records officer shall not be deemed good cause for failure to |
5 | timely comply with a request to inspect and/or copy public records pursuant to subsection (e). A |
6 | written request for public records need not be made on a form established by a public body if the |
7 | request is otherwise readily identifiable as a request for public records. |
8 | (e) A public body receiving a request shall permit the inspection or copying within ten (10) |
9 | business days after receiving a request. If the inspection or copying is not permitted within ten (10) |
10 | business days, the public body shall forthwith explain in writing the need for additional time to |
11 | comply with the request. Any such explanation must be particularized to the specific request made. |
12 | In such cases the public body may have up to an additional twenty (20) business days to comply |
13 | with the request if it can demonstrate that the voluminous nature of the request, the number of |
14 | requests for records pending, or the difficulty in searching for and retrieving or copying the |
15 | requested records, is such that additional time is necessary to avoid imposing an undue burden on |
16 | the public body. |
17 | (f) If a public record is in active use or in storage and, therefore, not available at the time a |
18 | person or entity requests access, the custodian shall so inform the person or entity and make an |
19 | appointment for the person or entity to examine such records as expeditiously as they may be made |
20 | available. |
21 | (g) Any person or entity requesting copies of public records may elect to obtain them in |
22 | any and all media in which the public agency is capable of providing them. Any public body which |
23 | maintains its records in a computer storage system shall provide any data properly identified in a |
24 | printout or other reasonable format, as requested. |
25 | (h) Nothing in this section shall be construed as requiring a public body to reorganize, |
26 | consolidate, or compile data not maintained by the public body in the form requested at the time |
27 | the request to inspect the public records was made except to the extent that such records are in an |
28 | electronic format and the public body would not be unduly burdened in providing such data. |
29 | (i) Nothing in this section is intended to affect the public record status of information |
30 | merely because it is stored in a computer. |
31 | (j) No public records shall be withheld based on the purpose for which the records are |
32 | sought, nor shall a public body require, as a condition of fulfilling a public records request, that a |
33 | person or entity provide a reason for the request or provide personally identifiable information |
34 | about him/herself. |
| LC005235 - Page 2 of 4 |
1 | (k) At the election of the person or entity requesting the public records, the public body |
2 | shall provide copies of the public records electronically, by facsimile, or by mail in accordance |
3 | with the requesting person or entity’s choice, unless complying with that preference would be |
4 | unduly burdensome due to the volume of records requested or the costs that would be incurred. The |
5 | person requesting delivery shall be responsible for the actual cost of delivery, if any. |
6 | (l) All records required to be maintained by any public body pursuant to this section shall, |
7 | within thirty (30) days of receipt by the public body, be forwarded to the department of |
8 | administration to be entered into a centralized online database to be maintained under the control |
9 | of the department of administration pursuant to § 38-2-17. |
10 | SECTION 2. Chapter 38-2 of the General Laws entitled "Access to Public Records" is |
11 | hereby amended by adding thereto the following section: |
12 | 38-2-17. Public records request management -- Online database. |
13 | (a) All records requests pursuant to this chapter, including any handling and management, |
14 | compliance, training, and agency education, for agencies which report to the governor and all quasi- |
15 | public agencies, shall be centralized within the department of administration. |
16 | (b) The department of administration shall post public records under this chapter online, in |
17 | a searchable database and/or website, at no cost. |
18 | (c) Pursuant to this section all records that are not emails, text messages, police reports, or |
19 | police body worn camera footage, shall be provided to the records requester unless the department |
20 | of administration determines a cost is required to fulfill the request; the requester may appeal the |
21 | cost estimate to the attorney general's office, and this appeal shall follow the appeal procedures |
22 | pursuant to § 38-2-8. There is a presumption that any request cost in excess of five hundred dollars |
23 | ($500) shall be deemed excessive unless the agency can demonstrate an actual cost of that amount. |
24 | (d) The department of administration shall utilize resources available to it in existing |
25 | budgetary authority, including public information officers and other communications personnel at |
26 | state agencies, in order to fulfill records requests at no additional cost to requesters. |
27 | (e) Notwithstanding any general or public law to the contrary, the department of |
28 | administration shall provide a uniform set of fees to be applied across all state agencies and quasi- |
29 | public agencies for fulfilling requests under chapter 2 of title 38 ("access to public records"). |
30 | SECTION 3. This act shall take effect upon passage. |
======== | |
LC005235 | |
======== | |
| LC005235 - Page 3 of 4 |
EXPLANATION | |
BY THE LEGISLATIVE COUNCIL | |
OF | |
A N A C T | |
RELATING TO PUBLIC RECORDS -- ACCESS TO PUBLIC RECORDS | |
*** | |
1 | This act would implement additional management strategies for public records requests, |
2 | including to have the department of administration manage all requests, create an online database |
3 | to look-up requests, provide all requests in digital format and at no cost to the requestor, and provide |
4 | a uniform set of fees when applicable. |
5 | This act would take effect upon passage. |
======== | |
LC005235 | |
======== | |
| LC005235 - Page 4 of 4 |