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March 5, 2008

House to consider toughening R.I. public-records law

PROVIDENCE -- The House Judiciary today will consider a bill to decrease to three business days the time a public body would have to comply with a request for access to public records.

The legislation, H-7442, would prevent a public body from requiring that whoever requests public records give "personally identifiable information or the reason for the request."

And it would increase the maximum civil fine for a "willful and knowingly violation" to $15,000, up from the current $1,000. For "reckless violation," a new fine not to exceed $5,000 would be imposed.

If inspection of documents is not allowed within three business days, the public body would have to explain in writing the need for more time to comply with the request, "but which in any event shall not be more than 10 business days" after getting the request, the bill says. Such an explanation must be particular to the specific request

All state agencies would be required to annually certify in writing to the state attorney general that each agency has given orientation and training to all officers and employees who are enabled to approve or deny access to the records.

The bill also says a public body may have up to 20 business days to respond to a request if it can show various things: the "voluminous nature" of the request, the number of pending records requests, or difficulty in searching for and getting request records

Last September, the Rhode Island chapter of the American Civil Liberties Union put out a report that referenced five incidents over that summer that it said showed some officials' disregard for the state Access to Public Records Act.

House Judiciary Committee will meet in State House room 205 at the rise of the House of Representatives. The bill is among several pieces of proposed legislation on the agenda.

-- projo.com staff writer Michael P. McKinney, with Journal archival reports

Posted by Mike McKinney  at 4:00 PM | Permalink

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