2025 -- H 5457

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LC000043

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2025

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A N   A C T

RELATING TO PUBLIC RECORDS -- ACCESS TO PUBLIC RECORDS

     Introduced By: Representatives Azzinaro, Finkelman, Fellela, Serpa, McNamara,
Kennedy, and Hull

     Date Introduced: February 12, 2025

     Referred To: House State Government & Elections

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 38-2-4 of the General Laws in Chapter 38-2 entitled "Access to Public

Records" is hereby amended to read as follows:

     38-2-4. Cost.

     (a) Subject to the provisions of § 38-2-3, a public body must allow copies to be made or

provide copies of public records. The cost per copied page of written documents provided to the

public shall not exceed fifteen cents ($.15) per page for documents copyable on common business

or legal-size paper. A public body may not charge more than the reasonable actual cost for

providing electronic records or retrieving records from storage where the public body is assessed a

retrieval fee.

     (b) A reasonable charge may be made for the search or retrieval of documents. Hourly costs

for a search and retrieval shall not exceed fifteen dollars ($15.00) twenty-five dollars ($25.00) per

hour and no costs shall be charged for the first hour of a search or retrieval. For the purposes of this

subsection, multiple requests from any person or entity to the same public body within a thirty (30)

day time period shall be considered one request.

     (c) Copies of documents shall be provided and the search and retrieval of documents

accomplished within a reasonable time after a request. A public body upon request, shall provide

an estimate of the costs of a request for documents prior to providing copies.

     (d) Upon request, the public body shall provide a detailed itemization of the costs charged

for search and retrieval.

     (e) A court may reduce or waive the fees for costs charged for search or retrieval if it

determines that the information requested is in the public interest because it is likely to contribute

significantly to public understanding of the operations or activities of the government and is not

primarily in the commercial interest of the requester.

     (f) Any person requesting a document under § 38-2-3 shall pay any outstanding balance

owed for prior records requests before a new request will be processed.

     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 allow a reasonable charge not to exceed twenty-five dollars ($25.00) to be

charged for the search or retrieval of documents. This act would also require a member of the public

to pay any outstanding balances due and owing for previous requests before being provided copies

of records and documents on a new request from law enforcement agencies.

     This act would take effect upon passage.

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LC000043

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