2017 -- H 5988

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LC002221

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2017

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A N   A C T

RELATING TO PUBLIC RECORDS -- ACCESS TO PUBLIC RECORDS -- COST

     Introduced By: Representatives Filippi, Edwards, Solomon, Morgan, and Giarrusso

     Date Introduced: March 23, 2017

     Referred To: House Judiciary

     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 section 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) 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) The fees for costs charged for search, retrieval or copies shall be waived for a member

of the general assembly who certifies that they are acting in their official capacity and requires the

copies for the discharge of their legislative duties.

     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 -- COST

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     This act would provide that fees for costs charged for search, retrieval or copies of public

records shall be waived for a member of the general assembly who certifies that they are acting in

their official capacity.

     This act would take effect upon passage.

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LC002221

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