AN ACT RELATING TO PUBLIC RECORDS -- ACCESS TO PUBLIC RECORDS (Requires those with a public records request to provide identifying information.)

S2393

2026 -- S 2393
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LC004359
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STATE OF RHODE ISLAND
IN GENERAL ASSEMBLY
JANUARY SESSION, A.D. 2026
____________
A N A C T
RELATING TO PUBLIC RECORDS -- ACCESS TO PUBLIC RECORDS

Introduced By:
Senators Patalano, Ciccone, Tikoian, Famiglietti, Appollonio, Thompson,
Raptakis, Burke, Dimitri, and LaMountain

Date Introduced:
January 30, 2026

Referred To:
Senate Judiciary
It is enacted by the General Assembly as follows:
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SECTION 1. Section 38-2-3 of the General Laws in Chapter 38-2 entitled "Access to Public
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Records" is hereby amended to read as follows:
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38-2-3. Right to inspect and copy records — Duty to maintain minutes of meetings —
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Procedures for access.
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(a) Except as provided in § 38-2-2(4), all records maintained or kept on file by any public
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body, whether or not those records are required by any law or by any rule or regulation, shall be
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public records and every person or entity shall have the right to inspect and/or copy those records
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at such reasonable time as may be determined by the custodian thereof
subject to the procedures
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set forth in this section
.
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(b) Any reasonably segregable portion of a public record excluded by § 38-2-2(4) shall be
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available for public inspection after the deletion of the information which is the basis of the
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exclusion. If an entire document or record is deemed non-public, the public body shall state in
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writing that no portion of the document or record contains reasonable segregable information that
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is releasable.
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(c) Each public body shall make, keep, and maintain written or recorded minutes of all
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meetings.
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(d) Each public body shall establish written procedures regarding access to public records
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but
. Such procedures
shall not require written requests for public information available pursuant to
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§ 42-35-2 or for other documents prepared for or readily available to the public.

1

(1)
These procedures must include, but need not be limited to
the,
:
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(i) The
identification of a designated public records officer or unit
,
;
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(ii) Instruction on
how to make a public records request
,
;
and
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(iii) The location
where a public record request should be
made, and a

submitted.
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(2) A
copy of these procedures shall be posted on the public body’s website if such a
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website is maintained and be made otherwise readily available to the public. The unavailability of
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a designated public records officer shall not
be deemed

constitute
good cause for failure to timely
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comply with a request to inspect and/or copy public records pursuant to subsection (e). A written
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request for public records need not be
made

submitted
on a form established by a public body
if

;
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provided that,
the request is otherwise readily identifiable as a request for public records.
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(3) All requests to inspect and/or copy public records shall include sufficient identifying
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information to permit verification of the requester’s identity and to allow the public body to
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communicate regarding the request. At a minimum, a requester shall provide the requester’s name
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and a valid mailing address or electronic mail address. Anonymous public records requests shall
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not be accepted or processed.
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(e) A public body receiving a request shall permit the inspection or copying within ten (10)
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business days after receiving a request. If the inspection or copying is not permitted within ten (10)
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business days, the public body shall forthwith explain in writing the need for additional time to
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comply with the request. Any such explanation must be particularized to the specific request made.
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In such cases the public body may have up to an additional twenty (20) business days to comply
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with the request if it can demonstrate that the voluminous nature of the request, the number of
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requests for records pending, or the difficulty in searching for and retrieving or copying the
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requested records, is such that additional time is necessary to avoid imposing an undue burden on
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the public body.
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(f) If a public record is in active use or in storage and, therefore, not available at the time a
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person or entity requests access, the custodian shall so inform the person or entity and make an
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appointment for the person or entity to examine such records as expeditiously as they may be made
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available.
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(g) Any person or entity requesting copies of public records may elect to obtain them in
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any and all media in which the public agency is capable of providing them. Any public body which
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maintains its records in a computer storage system shall provide any data properly identified in a
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printout or other reasonable format, as requested.
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(h) Nothing in this section shall be construed as requiring a public body to reorganize,
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consolidate, or compile data not maintained by the public body in the form requested at the time

LC004359 - Page 2 of 4
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the request to inspect the public records was made except to the extent that such records are in an
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electronic format and the public body would not be unduly burdened in providing such data.
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(i) Nothing in this section is intended to affect the public record status of information
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merely because it is stored in a computer.
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(j) No public records shall be withheld based on the purpose for which the records are
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sought, nor shall a public body require, as a condition of fulfilling a public records request, that a
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person or entity provide a reason for the request or provide personally identifiable information
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about him/herself.
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(k) At the election of the person or entity requesting the public records, the public body
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shall provide copies of the public records electronically, by facsimile, or by mail in accordance
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with the requesting person or entity’s choice, unless complying with that preference would be
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unduly burdensome due to the volume of records requested or the costs that would be incurred. The
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person requesting delivery shall be responsible for the actual cost of delivery, if any.
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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
***
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This act would require all requests for public records to sufficiently identify information to
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permit verification of the requester’s identity and would allow the public body to communicate
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regarding the request. This act would not allow for anonymous public records requests.
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This act would take effect upon passage.
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