The bill amends Chapter 38-2 of the General Laws, which governs "Access to Public Records," to enhance transparency and accountability in public records management. Key provisions include a clearer definition of "public body" to encompass police departments of private educational institutions and a specification that public records include various forms of documentation while detailing exemptions for certain records such as medical and personnel records. The bill clarifies that police reports of incidents not leading to an arrest are not automatically exempt from disclosure.
Additionally, it introduces new requirements for public bodies regarding record maintenance and access procedures, mandating that all public records be available for inspection and copying, with provisions for segregating exempt information. The bill allows requests for public records to be submitted in multiple formats, including in person, by regular and electronic mail, and at the public body's discretion, by fax or online portal. Public bodies are required to respond to requests within thirty days, with the possibility of extending this timeframe under certain conditions.
The bill establishes increased penalties for public bodies that knowingly violate the law, raising fines for such violations from two thousand dollars ($2,000) to four thousand dollars ($4,000) for knowing and willful violations, and from one thousand dollars ($1,000) to two thousand dollars ($2,000) for reckless violations. It also clarifies that settlement agreements involving governmental entities are public records. Furthermore, it expands accessible public records to include police reports of non-arrest incidents, final internal affairs investigation reports, and police body camera footage, which must be made available within thirty days. The act aims to improve public access to information while providing protections against vexatious requests intended to disrupt government operations.
Statutes affected: 909: 39-21.1-17