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:

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

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

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

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

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

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

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

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

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privacy.

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

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

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

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administration of the body to public inspection;

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

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

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

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

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

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

 

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

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state, public, or quasi-public agency.

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

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

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have access to all records described in the following sections:

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

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     (2) §38-2-2(4)(B);

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     (3) §38-2-2(E);

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     (4) §38-2-2(H);

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     (5) §38-2-2(I);

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     (6) §38-2-2(J);

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     (7) §38-2-2(K);

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     (8) §38-2-2(N);

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     (9) §38-2-2(P); and

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     (10) §38-2-2(4).

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

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properly oversee state budget provisions, particularly concerning economic development

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programs.

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

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

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publicly disclosed by the general assembly.

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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

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

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

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programs.

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     This act would take effect upon passage.

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