reglab/statecodes huggingface dataset:
2023 Rhode Island General Laws › Title 37 - Public Property and Works › Chapter 37-25 - Corrosion Prevention and Mitigation Work Requirements › Section 37-25-1. - Corrosion prevention and mitigation work requirements.

§ 37-25-1. Corrosion prevention and mitigation work requirements.
(a)
For purposes of this section:
(1)
“NACE 13/ACS 1 standard” means the Society for Protective Coatings/NACE International standard for an industrial coating and lining application specialist.
(2)
“Trained and certified personnel” means both of the following:
(i)
To the maximum extent feasible, workers performing surface preparation and application of protective coatings and linings to steel, who are classified as journey-level painters, shall be certified by an organization generally accepted in the industry as meeting the NACE 13/ACS 1 standard, or a similar standard, that is generally accepted in the industry. Coatings applied during assembly are excluded.
(ii)
Workers performing surface preparation and application of protective coatings and linings to steel, who are classified as apprentices, shall be registered in an industrial apprenticeship program, approved by the department of labor and training, that provides training to meet the NACE 13/ACS 1 standard or a similar standard, that is generally accepted by the industry.
(b)
A public entity that awards a contract after January 1, 2024, that is paid for in whole or in part with state funds, shall require all contractors and subcontractors performing corrosion prevention and mitigation work to comply with the standards adopted pursuant to this section.
(c)
Contractors and subcontractors performing public works contracts for corrosion prevention and mitigation work must comply with the standards adopted pursuant to this section after January 1, 2024.
(d)
On or before January 1, 2023, the director of the department of labor and training in consultation with the department of environmental management, shall adopt regulations establishing standards for the performance of corrosion prevention and mitigation work on public projects that reflect industry best practices. Such industry best practices shall include, but are not limited to, the following:
(1)
Use of trained and certified personnel for surface preparation and application of protective coatings and linings to steel;
(2)
Use of inspectors to ensure best practices and standards are met; and
(3)
A plan to prevent environmental degradation, including, but not limited to, careful handling and containment of hazardous materials including, but not limited to, lead paint.
History of Section.
P.L. 2022, ch. 83, § 1, effective June 15, 2022; P.L. 2022, ch. 84, § 1, effective June 15, 2022.
2023 Rhode Island General Laws › Title 37 - Public Property and Works › Chapter 37-26 - Building Service Work › Section 37-26-2. - Investigation and determination of standard compensation — Posting of rates.

§ 37-26-2. Investigation and determination of standard compensation — Posting of rates.
The director of labor and training shall investigate and determine the standard compensation to be paid as set forth in § 37-26-3 and post the rates on the director of labor and training’s website. In making a determination, the director may adopt and use such appropriate and applicable prevailing wage determinations as have been made by the Secretary of Labor of the United States of America in accordance with the Service Contract Act (41 U.S.C. § 351 et seq.), as well as relevant collective bargaining agreements (CBAs) and previous state purchasing entity contracts.
History of Section.
P.L. 2022, ch. 232, § 1, effective June 28, 2022; P.L. 2022, ch. 233, § 1, effective June 28, 2022.
2023 Rhode Island General Laws › Title 37 - Public Property and Works › Chapter 37-26 - Building Service Work › Section 37-26-3. - Wage and supplement/benefit requirements.

§ 37-26-3. Wage and supplement/benefit requirements.
(a)
Every call for bids for every contract for building services in excess of one thousand dollars ($1,000) to which a state purchasing entity is a party shall contain a provision stating the standard compensation to be paid to building service employees which shall be made in accordance with § 37-26-2. Every call for bids shall also specify the number of hours to be worked, and bidders shall submit pricing on a standard pricing sheet, to be created by the director of labor and training. The contract shall provide for adjustments of the standard compensation during the term of the contract.
(b)
All contractors and their subcontractors, who have been awarded contracts for building services by a state purchasing entity in which public funds are used and of which the contract price shall be in excess of one thousand dollars ($1,000), shall pay their building service employees the standard compensation and comply with the provisions set forth in this chapter. This requirement shall apply regardless of whether the amount is payable at the time of the signing of the contract or at a later date. Except that notwithstanding any language to the contrary in this section or chapter the requirement to pay standard benefits shall not apply until the fiscal year beginning on July 1, 2023.
(c)
Every contract within the scope of this chapter shall contain the further provision that in the event it is found by the director of labor and training that any employee employed by the contractor or any subcontractor performing building services covered by the contract has been or is being paid compensation less than the compensation required by the contract to be paid as aforesaid, the awarding party may terminate the contract. The awarding party shall complete the work by contract or otherwise and the contractor and his or her sureties shall be liable to the awarding party for any excess costs the state suffers.
History of Section.
P.L. 2022, ch. 232, § 1, effective June 28, 2022; P.L. 2022, ch. 233, § 1, effective June 28, 2022.
2023 Rhode Island General Laws › Title 37 - Public Property and Works › Chapter 37-26 - Building Service Work › Section 37-26-4. - Overtime compensation.

§ 37-26-4. Overtime compensation.
Any hours worked in any one week beyond forty (40) hours, or in any one day beyond eight (8) hours, for work subject to the provisions of this chapter shall be compensated at the rate of one and one-half (1½) of the standard wage, in addition to the standard benefit and standard paid leave.
History of Section.
P.L. 2022, ch. 232, § 1, effective June 28, 2022; P.L. 2022, ch. 233, § 1, effective June 28, 2022.
2023 Rhode Island General Laws › Title 37 - Public Property and Works › Chapter 37-26 - Building Service Work › Section 37-26-5. - Posting of standard compensation.

§ 37-26-5. Posting of standard compensation.
Each contractor awarded a contract for building services with a contract price in excess of one thousand dollars ($1,000), and each subcontractor who or that performs building service work on that contract, shall post in conspicuous places wherever building service employees are employed, posters that contain the current standard compensation and its components. The posters shall also contain the rights and remedies described in §§ 37-26-7 and 37-26-8 for nonpayment of any wages pursuant to this chapter. Posters shall be furnished to contractors and subcontractors at the time a contract is awarded by the director of labor and training, who shall determine the size and content thereof from time to time, at the time a contract is awarded. A contractor or subcontractor who or that fails to comply with the provisions of this section shall be deemed guilty of a civil infraction and shall pay the director of labor and training one hundred dollars ($100) for each calendar day of noncompliance as determined by the director. Contracts set shall not be awarded by a state purchasing entity until the director of labor and training has prepared and delivered the poster to the division of purchases and the contractor to whom the contract is to be awarded.
History of Section.
P.L. 2022, ch. 232, § 1, effective June 28, 2022; P.L. 2022, ch. 233, § 1, effective June 28, 2022.
2023 Rhode Island General Laws › Title 37 - Public Property and Works › Chapter 37-26 - Building Service Work › Section 37-26-6. - Recordkeeping.

§ 37-26-6. Recordkeeping.
(a)
Every contractor with a contract price in excess of one thousand dollars ($1,000) for building services, and each subcontractor who or that performs work on those building services, shall keep an accurate record showing the name, occupation, and actual compensation paid to each worker employed by the contractor or subcontractor in connection with the contract or work. The director and the director’s authorized representatives shall have the right to enter any place of employment at all reasonable hours, for the purpose of inspecting the wage records and seeing that all provisions of this chapter are complied with.
(b)
Every service contractor and subcontractor awarded a contract for building services, as defined by this chapter, shall furnish a certified copy of the payroll records of the contractor’s or subcontractor’s employees employed on the contract to the state purchasing entity on a monthly basis for all work completed in the preceding month on a uniform form prescribed by the director of labor and training.
(c)
The state purchasing entity, contractor, and subcontractors shall provide any and all payroll records of labor and training within ten (10) days of their request by the director or designee.
History of Section.
P.L. 2022, ch. 232, § 1, effective June 28, 2022; P.L. 2022, ch. 233, § 1, effective June 28, 2022.
2023 Rhode Island General Laws › Title 37 - Public Property and Works › Chapter 37-26 - Building Service Work › Section 37-26-9. - Retaliation.

§ 37-26-9. Retaliation.
(a)
An employer shall not discharge, threaten, or otherwise discriminate against an employee, or former employee, regarding compensation terms, conditions, locations, or privileges of employment because the employee or former employee, or a person or organization acting on the employee’s behalf:
(1)
Reports or makes a complaint under this section, or otherwise asserts the employee’s rights under this section; or
(2)
Participates in any investigation, hearing, or inquiry held by the director of labor and training under § 37-26-7 or § 37-26-8, or upon a review of an investigation under this section, or for participating in a private right of action brought under this chapter. In the event a contractor or subcontractor retaliates or discriminates against an employee in violation of this section, the affected employee may file an action in any court of competent jurisdiction and the court shall order reinstatement and/or restitution of the affected employee, as appropriate, with back pay to the date of the violation, and an additional amount in liquidated damages equal to two (2) times the amount of back pay and reasonable attorneys’ fees and costs.
(b)
As used in this section, to discharge, threaten, or otherwise discriminate against any employee includes threatening to contact or contacting United States immigration authorities or otherwise threatening to report an employee’s suspected citizenship or immigration status or the suspected citizenship or immigration status of an employee’s family or household to United States immigration authorities.
History of Section.
P.L. 2022, ch. 232, § 1, effective June 28, 2022; P.L. 2022, ch. 233, § 1, effective June 28, 2022.
2023 Rhode Island General Laws › Title 37 - Public Property and Works › Chapter 37-26 - Building Service Work › Section 37-26-10. - Contractor liability.

§ 37-26-10. Contractor liability.
(a)
A contractor shall be liable for any debt resulting from an action under this chapter, owed to an employee or third party on the wage claimant’s behalf, incurred by a subcontractor at any tier acting under, by, or for the contractor or its subcontractors for the employee’s performance of labor. The provisions of this section shall not be deemed to limit the liability of a subcontractor under any other provision of law.
(b)
No agreement or release by an employee or subcontractor to waive liability assigned to a contractor under this section shall be valid. The provisions of this section shall not be deemed to impair the rights of a contractor to maintain an action against a subcontractor for owed wages that are paid by a contractor pursuant to this section.
(c)
Notwithstanding any other provision of law, the remedies available for a claim pursuant to subsection (a) of this section shall only be civil and administrative actions.
(d)
In the case of a private civil action by an employee, such employee may designate any person, organization, or collective bargaining agent authorized to file a complaint on the employee’s behalf pursuant to § 37-26-8, to make a wage claim on the employee’s behalf.
(e)
In the case of an action against a subcontractor, the contractor shall be considered jointly and severally liable for any unpaid wages, benefits, wage supplements, penalties, liquidated damages, attorneys’ fees, and any other costs resulting from such action.
(f)
Nothing herein shall preclude the attorney general from bringing a civil action to collect unpaid wages and penalties on behalf of employees pursuant to this section.
(g)
Before bringing a civil action pursuant to this section, an employee, or third party on such employee’s behalf, shall give the contractor notice of the alleged violation. The notice need only describe the general nature of the claim and shall not limit the liability of the contractor or preclude subsequent amendments of an action to encompass additional employees employed by the subcontractor. An employee, or third party on such employee’s behalf, may not bring a civil action until ten (10) business days after giving the contractor notice of the alleged violation and may not bring a civil action if the contractor corrects the alleged violation. An employee, or third party on such employee’s behalf, is not required to give notice to a contractor pursuant to this subsection before bringing a civil action pursuant to this section if any employee, or third party on any employee’s behalf, previously has given notice to such contractor of the same alleged violation or a prior alleged violation by the same subcontractor.
History of Section.
P.L. 2022, ch. 232, § 1, effective June 28, 2022; P.L. 2022, ch. 233, § 1, effective June 28, 2022.
2023 Rhode Island General Laws › Title 37 - Public Property and Works › Chapter 37-26 - Building Service Work › Section 37-26-11. - Severability.

§ 37-26-11. Severability.
If any section or provision or the application of the section or provision of this chapter to any person or circumstances shall be held invalid, the validity of the remainder of the sections and the applicability of the sections or provisions to other persons or circumstances shall not be affected.
History of Section.
P.L. 2022, ch. 232, § 1, effective June 28, 2022; P.L. 2022, ch. 233, § 1, effective June 28, 2022.
2023 Rhode Island General Laws › Title 38 - Public Records › Chapter 38-1 - Custody and Protection › Section 38-1-1. - Delivery of records on leaving public office.

§ 38-1-1. Delivery of records on leaving public office.
Every person who shall hold a public office shall, upon leaving the office, deliver to his or her successor in office, or, if there is no successor, to the public records administration program of the office of secretary of state, all records, books, writings, letters, and documents, kept or received by him or her in the transaction of his or her official business, and to the director of the department of administration all money in his or her hands which he or she shall have received as trust funds from any person or otherwise in the course of his or her official business; and every person who shall, without just cause, refuse or neglect for the space of ten (10) days after request made in writing by any citizen of the state, to deliver as herein required those records, books, writings, letters, or documents, or to pay over those moneys, to the person authorized to receive the requested items, shall be fined not exceeding five hundred dollars ($500) and be imprisoned not exceeding five (5) years.
History of Section.
G.L. 1896, ch. 31, § 1; G.L. 1909, ch. 41, § 1; G.L. 1923, ch. 42, § 1; G.L. 1938, ch. 494, § 1; G.L. 1956, § 38-1-1; P.L. 1981, ch. 353, § 2; P.L. 1997, ch. 326, § 167; P.L. 2000, ch. 233, § 1.
2023 Rhode Island General Laws › Title 38 - Public Records › Chapter 38-1 - Custody and Protection › Section 38-1-1.1. - Definitions.

§ 38-1-1.1. Definitions.
For the purpose of this chapter:
(1)
“Agency” or “public body” shall mean any executive, legislative, judicial, regulatory, administrative body of the state, or any political subdivision thereof; including, but not limited to, any department, division, agency, commission, board, office, bureau, authority, any school, fire, or water district, or other agency or quasi-public agency of Rhode Island state or local government which exercises governmental functions, or any other public or private agency, person, partnership, corporation, or business entity acting on behalf of any public agency.
(2)
“Public business” means any matter over which the public body has supervision, control, jurisdiction, or advisory power.
(3)
“Public record” or “public records” shall mean all documents, papers, letters, maps, books, tapes, photographs, films, sound recordings, or other material regardless of physical form or characteristics made or received pursuant to law or ordinance or in connection with the transaction of official business by any agency.
(4)
“Supervisor of the regulatory body” means the chief or head of a section having enforcement responsibility for a particular statute or set of rules and regulations within a regulatory agency.
History of Section.
P.L. 1981, ch. 353, § 1; P.L. 2011, ch. 363, § 40; P.L. 2012, ch. 451, § 1.
2023 Rhode Island General Laws › Title 38 - Public Records › Chapter 38-1 - Custody and Protection › Section 38-1-2. - Delivery of records to lawful custodian.

§ 38-1-2. Delivery of records to lawful custodian.
Every person, other than the lawful custodian thereof, who shall have in his or her possession, or under his or her control, any such record, book, writing, letter, or document as is designated in § 38-1-1 and who shall, without just cause, refuse or neglect for the space of ten (10) days after request made in writing by any citizen of the state, to deliver that record, book, writing, letter, or document to the lawful custodian of the records shall be fined not exceeding five hundred dollars ($500) and be imprisoned not exceeding five (5) years.
History of Section.
G.L. 1896, ch. 31, § 2; G.L. 1909, ch. 41, § 2; G.L. 1923, ch. 42, § 2; G.L. 1938, ch. 494, § 2; G.L. 1956, § 38-1-2.
2023 Rhode Island General Laws › Title 38 - Public Records › Chapter 38-1 - Custody and Protection › Section 38-1-3. - Receptacles for city and town records.

§ 38-1-3. Receptacles for city and town records.
It shall be the duty of every city and town to provide fireproof receptacles for records and documents relating to the official business of the city or town where the records and documents may be kept free from injury from any cause. The receptacles shall be of suitable type and subject to approval by the public records administrator. In case of failure of any city or town to provide fireproof receptacles, in accordance with the provisions of this section, it shall be the duty of the public records administrator to furnish receptacles as may be suitable for that purpose, and he or she shall have a claim against the town for that expense, which claim shall be enforced in accordance with § 45-15-5.
History of Section.
G.L. 1909, ch. 41, § 3; P.L. 1911, ch. 700, § 1; G.L. 1923, ch. 42, § 3; P.L. 1926, ch. 839, § 1; G.L. 1938, ch. 494, § 3; G.L. 1956, § 38-1-3; P.L. 1981, ch. 353, § 2.
2023 Rhode Island General Laws › Title 38 - Public Records › Chapter 38-1 - Custody and Protection › Section 38-1-4. - Keeping of records in vaults provided — Penalty.

§ 38-1-4. Keeping of records in vaults provided — Penalty.
When not in use, the records and documents shall be kept in the fireproof rooms, vaults, or safes provided for them. Whoever unlawfully keeps in his or her possession any public record, or unlawfully removes the record from the room in which it is usually kept, or alters, defaces, mutilates, or destroys any public record, or violates any provision of this section, shall, for each offense, be punished by a fine of not less than twenty dollars ($20.00) nor more than five hundred dollars ($500).
History of Section.
G.L. 1909, ch. 41, § 4; P.L. 1911, ch. 700, § 1; G.L. 1923, ch. 42, § 4; G.L. 1938, ch. 494, § 4; G.L. 1956, § 38-1-4.
2023 Rhode Island General Laws › Title 38 - Public Records › Chapter 38-1 - Custody and Protection › Section 38-1-5 - — 38-1-8. Repealed.

§ 38-1-5 — 38-1-8. Repealed.
History of Section.
P.L. 1910, ch. 645, §§ 1, 2; P.L. 1912, ch. 822, § 1; P.L. 1916, ch. 1397, § 1; P.L. 1919, ch. 1732, § 1; P.L. 1920, ch. 1922, § 1; P.L. 1922, ch. 2219, § 1; G.L. 1923, ch. 36, §§ 5, 6; G.L. 1923, ch. 42, § 5; P.L. 1925, ch. 622, § 2; P.L. 1927, ch. 985, § 1; P.L. 1935, ch. 2250, § 149; G.L. 1938, ch. 494, §§ 5—8; G.L. 1956, §§ 38-1-5 — 38-1-8; Repealed by P.L. 1981, ch. 353, § 3.
2023 Rhode Island General Laws › Title 38 - Public Records › Chapter 38-1 - Custody and Protection › Section 38-1-9. - Custodian designated.

§ 38-1-9. Custodian designated.
The elected or appointed state, county, or municipal officer or officers charged by law with the responsibility of maintaining the office having public records shall be the custodian thereof.
History of Section.
P.L. 1981, ch. 353, § 4.
2023 Rhode Island General Laws › Title 38 - Public Records › Chapter 38-1 - Custody and Protection › Section 38-1-10. - Disposal of records.

§ 38-1-10. Disposal of records.
No public official may mutilate, destroy, sell, loan, or otherwise dispose of any public record without the consent of the public records administration program of the secretary of state.
History of Section.
P.L. 1981, ch. 353, § 4; P.L. 2000, ch. 233, § 1.
2023 Rhode Island General Laws › Title 38 - Public Records › Chapter 38-1 - Custody and Protection › Section 38-1-11. - Assistance of the public records administration program.

§ 38-1-11. Assistance of the public records administration program.
The public records administration program of the secretary of state shall have the right to examine the condition of public records and shall give advice and assistance to public officials in the solution of their problems of preserving, creating, filing, and making available the public records in their custody. When requested by the program, public officials shall assist the program in the preparation of records control schedules of public records in their custody approved by the head of the agency having custody of the records. Upon review and approval of the schedules by the program, the program shall, subject to the availability of necessary space, staff, and other facilities for those purposes, make available space in its record center for the filing of semi-current records so scheduled and in its public records repository for noncurrent records of permanent value and shall render other assistance as needed, including the microfilming of records so scheduled.
History of Section.
P.L. 1981, ch. 353, § 4; P.L. 2000, ch. 233, § 1.
2023 Rhode Island General Laws › Title 38 - Public Records › Chapter 38-2 - Access to Public Records › Section 38-2-1. - Purpose.

§ 38-2-1. Purpose.
The public’s right to access to public records and the individual’s right to dignity and privacy are both recognized to be principles of the utmost importance in a free society. The purpose of this chapter is to facilitate public access to public records. It is also the intent of this chapter to protect from disclosure information about particular individuals maintained in the files of public bodies when disclosure would constitute an unwarranted invasion of personal privacy.
History of Section.
P.L. 1979, ch. 202, § 1; P.L. 1998, ch. 378, § 1.
2023 Rhode Island General Laws › Title 38 - Public Records › Chapter 38-2 - Access to Public Records › Section 38-2-3.1. - Records required.

§ 38-2-3.1. Records required.
All records required to be maintained pursuant to this chapter shall not be replaced or supplemented with the product of a “real-time translation reporter”.
History of Section.
P.L. 2000, ch. 430, § 1.
2023 Rhode Island General Laws › Title 38 - Public Records › Chapter 38-2 - Access to Public Records › Section 38-2-3.2. - Arrest logs.

§ 38-2-3.2. Arrest logs.
(a)
Notwithstanding the provisions of § 38-2-3(e), the following information reflecting an initial arrest of an adult and charge or charges shall be made available within forty-eight (48) hours after receipt of a request unless a request is made on a weekend or holiday, in which event the information shall be made available within seventy-two (72) hours, to the extent such information is known by the public body:
(1)
Full name of the arrested adult;
(2)
Home address of the arrested adult, unless doing so would identify a crime victim;
(3)
Year of birth of the arrested adult;
(4)
Charge or charges;
(5)
Date of the arrest;
(6)
Time of the arrest;
(7)
Gender of the arrested adult;
(8)
Race of the arrested adult; and
(9)
Name of the arresting officer, unless doing so would identify an undercover officer.
(b)
The provisions of this section shall apply to arrests made within five (5) days prior to the request.
History of Section.
P.L. 2012, ch. 448, § 2; P.L. 2012, ch. 454, § 2.
2023 Rhode Island General Laws › Title 38 - Public Records › Chapter 38-2 - Access to Public Records › Section 38-2-3.16. - Compliance by agencies and public bodies.

§ 38-2-3.16. Compliance by agencies and public bodies.
Not later than January 1, 2013, and annually thereafter, the chief administrator of each agency and each public body shall state in writing to the attorney general that all officers and employees who have the authority to grant or deny persons or entities access to records under this chapter have been provided orientation and training regarding this chapter. The attorney general may, in accordance with the provisions of chapter 35 of title 42, promulgate rules and regulations necessary to implement the requirements of this section.
History of Section.
P.L. 2012, ch. 448, § 2; P.L. 2012, ch. 454, § 2.
2023 Rhode Island General Laws › Title 38 - Public Records › Chapter 38-2 - Access to Public Records › Section 38-2-4. - Cost.

§ 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.
History of Section.
P.L. 1979, ch. 202, § 1; P.L. 1986, ch. 416, § 1; P.L. 1991, ch. 263, § 1; P.L. 1998, ch. 378, § 1; P.L. 2012, ch. 448, § 1; P.L. 2012, ch. 454, § 1.
2023 Rhode Island General Laws › Title 38 - Public Records › Chapter 38-2 - Access to Public Records › Section 38-2-5. - Effect of chapter on broader agency publication — Existing rights — Judicial records and proceedings.

§ 38-2-5. Effect of chapter on broader agency publication — Existing rights — Judicial records and proceedings.
Nothing in this chapter shall be:
(1)
Construed as preventing any public body from opening its records concerning the administration of the body to public inspection;
(2)
Construed as limiting the right of access as it existed prior to July 1, 1979, of an individual who is the subject of a record to the information contained herein; or
(3)
Deemed in any manner to affect the status of judicial records as they existed prior to July 1, 1979, nor to affect the rights of litigants in either criminal or civil proceedings, including parties to administrative proceedings, under the laws of discovery of this state.
History of Section.
P.L. 1979, ch. 202, § 1.
2023 Rhode Island General Laws › Title 38 - Public Records › Chapter 38-2 - Access to Public Records › Section 38-2-6. - Repealed.

§ 38-2-6. Repealed.
History of Section.
P.L. 1979, ch. 202, § 1; Repealed by P.L. 2012, ch. 448, § 3, effective September 1, 2012; P.L. 2012, ch. 454, § 3, effective September 1, 2012.
2023 Rhode Island General Laws › Title 38 - Public Records › Chapter 38-2 - Access to Public Records › Section 38-2-7. - Denial of access.

§ 38-2-7. Denial of access.
(a)
Any denial of the right to inspect or copy records, in whole or in part provided for under this chapter shall be made to the person or entity requesting the right in writing giving the specific reasons for the denial within ten (10) business days of the request and indicating the procedures for appealing the denial. Except for good cause shown, any reason not specifically set forth in the denial shall be deemed waived by the public body.
(b)
Failure to comply with a request to inspect or copy the public record within the ten (10) business day period shall be deemed to be a denial. Except that for good cause, this limit may be extended in accordance with the provisions of § 38-2-3(e). All copying and search and retrieval fees shall be waived if a public body fails to produce requested records in a timely manner; provided, however, that the production of records shall not be deemed untimely if the public body is awaiting receipt of payment for costs properly charged under § 38-2-4.
(c)
A public body that receives a request to inspect or copy records that do not exist or are not within its custody or control shall, in responding to the request in accordance with this chapter, state that it does not have or maintain the requested records.
History of Section.
P.L. 1979, ch. 202, § 1; P.L. 1991, ch. 263, § 1; P.L. 1998, ch. 378, § 1; P.L. 2012, ch. 448, § 1; P.L. 2012, ch. 454, § 1.
2023 Rhode Island General Laws › Title 38 - Public Records › Chapter 38-2 - Access to Public Records › Section 38-2-8. - Administrative appeals.

§ 38-2-8. Administrative appeals.
(a)
Any person or entity denied the right to inspect a record of a public body 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 custodian of the records or 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 § 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.
History of Section.
P.L. 1979, ch. 202, § 1; P.L. 1981, ch. 279, § 2; P.L. 1998, ch. 378, § 1; P.L. 2006, ch. 378, § 1; P.L. 2006, ch. 472, § 1; P.L. 2012, ch. 448, § 1; P.L. 2012, ch. 454, § 1.
2023 Rhode Island General Laws › Title 38 - Public Records › Chapter 38-2 - Access to Public Records › Section 38-2-9. - Jurisdiction of superior court.

§ 38-2-9. Jurisdiction of superior court.
(a)
Jurisdiction to hear and determine civil actions brought under this chapter is hereby vested in the superior court.
(b)
The court may examine any record which is the subject of a suit in camera to determine whether the record or any part thereof may be withheld from public inspection under the terms of this chapter.
(c)
Actions brought under this chapter may be advanced on the calendar upon motion of any party, or sua sponte by the court made in accordance with the rules of civil procedure of the superior court.
(d)
The court shall impose a civil fine not exceeding two thousand dollars ($2,000) against a public body or official found to have committed a knowing and willful violation of this chapter, and a civil fine not to exceed one thousand dollars ($1,000) against a public body found to have recklessly violated this chapter and shall award reasonable attorney fees and costs to the prevailing plaintiff. The court shall further order a public body found to have wrongfully denied access to public records to provide the records at no cost to the prevailing party; provided, further, that in the event that the court, having found in favor of the defendant, finds further that the plaintiff’s case lacked a grounding in fact or in existing law or in good faith argument for the extension, modification, or reversal of existing law, the court may award attorney’s fees and costs to the prevailing defendant. A judgment in the plaintiff’s favor shall not be a prerequisite to obtaining an award of attorney’s fees and/or costs if the court determines that the defendant’s case lacked grounding in fact or in existing law or a good faith argument for extension, modification or reversal of existing law.
History of Section.
P.L. 1979, ch. 202, § 1; P.L. 1988, ch. 87, § 1; P.L. 1991, ch. 263, § 1; P.L. 1998, ch. 378, § 1; P.L. 2012, ch. 448, § 1; P.L. 2012, ch. 454, § 1.
2023 Rhode Island General Laws › Title 38 - Public Records › Chapter 38-2 - Access to Public Records › Section 38-2-10. - Burden of proof.

§ 38-2-10. Burden of proof.
In all actions brought under this chapter, the burden shall be on the public body to demonstrate that the record in dispute can be properly withheld from public inspection under the terms of this chapter.
History of Section.
P.L. 1979, ch. 202, § 1.
2023 Rhode Island General Laws › Title 38 - Public Records › Chapter 38-2 - Access to Public Records › Section 38-2-11. - Right supplemental.

§ 38-2-11. Right supplemental.
The right of the public to inspect public records created by this chapter shall be in addition to any other right to inspect records maintained by public bodies.
History of Section.
P.L. 1979, ch. 202, § 1.
2023 Rhode Island General Laws › Title 38 - Public Records › Chapter 38-2 - Access to Public Records › Section 38-2-12. - Severability.

§ 38-2-12. Severability.
If any provision of this chapter is held unconstitutional, the decision shall not affect the validity of the remainder of this chapter. If the application of this chapter to a particular record is held invalid, the decision shall not affect other applications of this chapter.
History of Section.
P.L. 1979, ch. 202, § 1.
2023 Rhode Island General Laws › Title 38 - Public Records › Chapter 38-2 - Access to Public Records › Section 38-2-13. - Records access continuing.

§ 38-2-13. Records access continuing.
All records initially deemed to be public records which any person may inspect and/or copy under the provisions of this chapter, shall continue to be so deemed whether or not subsequent court action or investigations are held pertaining to the matters contained in the records.
History of Section.
P.L. 1986, ch. 345, § 1.
2023 Rhode Island General Laws › Title 38 - Public Records › Chapter 38-2 - Access to Public Records › Section 38-2-14. - Information relating to settlement of legal claims.

§ 38-2-14. Information relating to settlement of legal claims.
Settlement agreements of any legal claims against a governmental entity shall be deemed public records.
History of Section.
P.L. 1991, ch. 263, § 2; P.L. 1998, ch. 378, § 1.
2023 Rhode Island General Laws › Title 38 - Public Records › Chapter 38-2 - Access to Public Records › Section 38-2-15. - Reported violations.

§ 38-2-15. Reported violations.
Every year the attorney general shall prepare a report summarizing all the complaints received pursuant to this chapter, which shall be submitted to the legislature and which shall include information as to how many complaints were found to be meritorious and the action taken by the attorney general in response to those complaints.
History of Section.
P.L. 1998, ch. 378, § 2.
2023 Rhode Island General Laws › Title 38 - Public Records › Chapter 38-2 - Access to Public Records › Section 38-2-16. - 38 Studios, LLC investigation.

§ 38-2-16. 38 Studios, LLC investigation.
Notwithstanding any other provision of this chapter or state law, any investigatory records generated or obtained by the Rhode Island state police or the Rhode Island attorney general in conducting an investigation surrounding the funding of 38 Studios, LLC by the Rhode Island economic development corporation shall be made available to the public; provided, however:
(1)
With respect to such records, birthdates, social security numbers, home addresses, financial account number(s) or similarly sensitive personally identifiable information, but not the names of the individuals themselves, shall be redacted from those records prior to any release. The provisions of § 12-11.1-5.1 shall not apply to information disclosed pursuant to this section.
History of Section.
P.L. 2017, ch. 304, § 1; P.L. 2017, ch. 310, § 1.
2023 Rhode Island General Laws › Title 38 - Public Records › Chapter 38-3 - Public Records Administration › Section 38-3-2. - Definitions.

§ 38-3-2. Definitions.
For the purpose of this chapter:
(1)
“Agency” or “public body” shall mean any executive, legislative, judicial, regulatory, administrative body of the state, or any political subdivision thereof; including, but not limited to, any department, division, agency, commission, board, office, bureau, authority, any school, fire, or water district, or other agency or quasi-public agency of state or local government which exercises governmental functions, or any other public or private agency, person, partnership, corporation, or business entity acting on behalf of any public agency.
(2)
“Program” shall mean the public records administration program of the secretary of state.
(3)
“Public record” or “public records” shall mean all documents, papers, letters, maps, books, tapes, photographs, films, sound recordings, or other material regardless of physical form or characteristics made or received pursuant to law or ordinance or in connection with the transaction of official business by any agency.
(4)
“Public records repository” shall mean the establishment maintained by the program for preservation of those public records determined by the program to have permanent value warranting their continued preservation and which has been accepted by the program for transfer to its custody.
(5)
“Records center” shall mean an establishment maintained by the program for the storage, processing, servicing, and security of public records that must be retained for varying periods of time but need not be retained in an agency’s office equipment or space.
(6)
“Records control schedule” shall mean the document establishing the official retention, maintenance, and disposal requirements for a series or type of record based on administrative, legal, fiscal, and historical values for the scheduled records.
History of Section.
P.L. 1981, ch. 353, § 6; P.L. 1991, ch. 179, § 1; P.L. 2011, ch. 363, § 42; P.L. 2012, ch. 451, § 2.
2023 Rhode Island General Laws › Title 38 - Public Records › Chapter 38-3 - Public Records Administration › Section 38-3-4. - Duties of administrator.

§ 38-3-4. Duties of administrator.
(a)
It shall be the duty and responsibility of the administrator to render all services required by the program herein set forth that can advantageously and effectively be centralized. The office shall perform such other functions and duties as the secretary of state may direct.
(b)
The administrator shall supervise, direct, and coordinate the activities of the program.
(c)
The administrator shall be designated “the public records administrator”.
History of Section.
P.L. 1981, ch. 353, § 6; P.L. 1991, ch. 179, § 1.
2023 Rhode Island General Laws › Title 38 - Public Records › Chapter 38-3 - Public Records Administration › Section 38-3-5. - Duties of program.

§ 38-3-5. Duties of program.
It shall be the duty and responsibility of the public records administration program to:
(1)
Establish and administer a public records management program, including the operation of a record center or centers, and appoint a director who will apply efficient and economical management methods relating to the creation, utilization, maintenance, retention, preservation, and disposal of records.
(2)
Analyze, develop, establish, and coordinate standards, procedures, and techniques of record making and record keeping.
(3)
Insure the maintenance and security of records which are deemed appropriate for preservation.
(4)
Institute and maintain a training and information program in all phases of records management to bring to the attention of all agencies approved and current practices, methods, procedures, and devices for the efficient and economical management of records.
(5)
Make available a centralized program of microfilming for the benefit of all agencies.
(6)
Make continuous surveys of record keeping operations.
(7)
Recommend improvements in current records management practices, including the use of space, equipment, supplies, and personnel in creating, maintaining, and servicing records.
(8)(i)
Establish and maintain a program, in cooperation with each agency, for the selection and protection of public records considered essential to the operation of government and to the protection of the rights and privileges of citizens.
(ii)
Make or to have made duplicates of essential records, or to designate existing record copies as essential records to be protected in the place and manner of safekeeping as prescribed by the program.
(iii)
The duplicate of any record made pursuant to this chapter shall have the same force and effect for all purposes as the original record. A transcript, exemplification, or certified copy of the duplicate shall be deemed, for all purposes, to be the original record.
History of Section.
P.L. 1981, ch. 353, § 6; P.L. 1990, ch. 492, § 10.
2023 Rhode Island General Laws › Title 38 - Public Records › Chapter 38-3 - Public Records Administration › Section 38-3-5.1. - Reproduction of public records — Destruction of original records.

§ 38-3-5.1. Reproduction of public records — Destruction of original records.
If any department or agency of government, in the regular course of business or activity, has kept or recorded any memorandum, writing, state tax returns, report, application, payment, entry, print, representation, or combination thereof, or any act, transaction, occurrence, or event, and, in the regular course of business, has caused any or all of the records to be recorded, copied, or reproduced by a photographic, photostatic, microfilm, micro-card, optical disk, miniature photographic, or other process which accurately reproduces or forms a durable medium for reproducing the original, the original may be destroyed in the regular course of business, provided the process meets standards established by the public records administration, and provided all the provisions of § 38-3-6 concerning disposal of public records are fulfilled. The reproduction, when satisfactorily identified, shall be admissible in evidence as the original in any judicial or administrative proceeding whether or not the original exists or is available and an enlargement or facsimile of the reproduction shall be likewise admissible in evidence if the original is in existence and available for inspection under the direction of the court. The introduction of a reproduced record, enlargement, or facsimile into evidence shall not preclude the admission into evidence of the original. This section shall not be construed to exclude from introduction into evidence any document or copy thereof which is otherwise admissible under the Rhode Island general laws, as amended.
History of Section.
P.L. 1988, ch. 577, § 1.
2023 Rhode Island General Laws › Title 38 - Public Records › Chapter 38-3 - Public Records Administration › Section 38-3-7. - Agency responsibilities.

§ 38-3-7. Agency responsibilities.
It shall be the duty of each agency to:
(1)
Cooperate with the program in complying with the provisions of this chapter.
(2)
Establish and maintain an active and continuous program for the economical and efficient management of public records.
History of Section.
P.L. 1981, ch. 353, § 6.