2019 -- H 5724

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LC001662

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2019

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A N   A C T

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

     Introduced By: Representatives Roberts, Filippi, Price, Quattrocchi, and Nardone

     Date Introduced: February 27, 2019

     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 § 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 copying shall be waived for

members of the general assembly who certify that they are acting in their official capacity and

require 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 copying of

public records shall be waived for members of the general assembly who certify that they are

acting in their official capacity.

     This act would take effect upon passage.

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LC001662

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