2016 -- H 7952

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LC005414

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2016

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A N   A C T

RELATING TO PUBLIC RECORDS -- ACCESS

     Introduced By: Representatives McKiernan, Ackerman, Carson, Palangio, and Almeida

     Date Introduced: March 17, 2016

     Referred To: House Judiciary

     It is enacted by the General Assembly as follows:

     SECTION 1. Sections 38-2-1 and 38-2-5 of the General Laws in Chapter 38-2 entitled

"Access to Public Records" are hereby amended to read as follows:

     38-2-1. Purpose. -- The public's right to access to public records and the individual's

right to dignity and privacy are both recognized to be principles of the utmost importance in a

free society. The purpose of this chapter is to facilitate public access to public records, without

interfering with legislative oversight of programs funded by the legislature. It is also the intent of

this chapter to protect from disclosure information about particular individuals maintained in the

files of public bodies when disclosure would constitute an unwarranted invasion of personal

privacy.

     38-2-5. Effect of chapter on broader agency publication -- Existing rights -- Judicial

records and proceedings. -- Nothing in this chapter shall be:

      (1) Construed as preventing any public body from opening its records concerning the

administration of the body to public inspection;

      (2) Construed as limiting the right of access as it existed prior to July 1, 1979, of an

individual who is the subject of a record to the information contained herein; or

      (3) Deemed in any manner to affect the status of judicial records as they existed prior to

July 1, 1979, nor to affect the rights of litigants in either criminal or civil proceedings, including

parties to administrative proceedings, under the laws of discovery of this state.

     (4) Construed to prevent the general assembly access to records necessary for responsible

oversight of programs included in the state budget including records in the possession of any

state, public, or quasi-public agency.

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

hereby amended by adding thereto the following section:

     38-2-2.1. Legislative access. -- (a) The speaker of the house of representatives and the

president of the senate, on behalf of the respective chambers, committees, or commissions, shall

have access to all records described in the following sections:

     (1) §38-2-2(A)(I)(a) as it pertains to items protected by the attorney-client privilege;

     (2) §38-2-2(4)(B);

     (3) §38-2-2(E);

     (4) §38-2-2(H);

     (5) §38-2-2(I);

     (6) §38-2-2(J);

     (7) §38-2-2(K);

     (8) §38-2-2(N);

     (9) §38-2-2(P); and

     (10) §38-2-2(4).

     (b) The goal of this section is to better enable the house of representatives and senate to

properly oversee state budget provisions, particularly concerning economic development

programs.

     (c) Any record which is not otherwise a public record, shall not become a public record

by virtue of any request made pursuant to this section. Such requested records shall not be

publicly disclosed by the general assembly.

     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

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     This act would grant the general assembly access to limited governmental records,

needed to exercise proper oversight over state budget programs, including economic development

programs.

     This act would take effect upon passage.

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LC005414

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