Chapter 472
2006 -- H 7110
Enacted 07/07/06
A N A C T
RELATING
TO PUBLIC RECORDS - ACCESS TO PUBLIC RECORDS
Introduced
By: Representatives Kilmartin, and Jackson
Date
Introduced: February 07, 2006
It is enacted by the General Assembly as
follows:
SECTION 1. Section
38-2-8 of the General Laws in Chapter 38-2 entitled "Access to
Public Records" is hereby amended to read
as follows:
38-2-8.
Administrative appeals. -- (a) Any person or entity denied the right to
inspect a
record of a public body by the custodian of the
record may petition the chief administrative
officer of that public body for a review of the
determinations made by his or her subordinate. The
chief administrative officer shall make a final
determination whether or not to allow public
inspection within ten (10) business days after
the submission of the review petition.
(b) If the chief
administrative officer determines that the record is not subject to public
inspection, the person or entity seeking
disclosure may file a complaint with the attorney general.
The attorney general shall investigate the
complaint and if the attorney general shall determine
that the allegations of the complaint are
meritorious, he or she may institute proceedings for
injunctive or declaratory relief on behalf of
the complainant in the superior court of the county
where the record is maintained. Nothing within
this section shall prohibit any individual or entity
from retaining private counsel for the purpose
of instituting proceedings for injunctive or
declaratory relief in the superior court of the
county where the record is maintained.
(c) The attorney
general shall consider all complaints filed under this chapter to have
also been filed pursuant to the provisions of
section 42-46-8(a), if applicable.
(d) Nothing
within this section shall prohibit the attorney general from initiating a
complaint on behalf of the public interest.
SECTION 2. This
act shall take effect upon passage.
=======
LC00548
=======