The bill amends Chapter 38-2 of the General Laws, which governs "Access to Public Records," to enhance transparency and accountability in government operations while balancing individual privacy rights. 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, with exemptions for certain records like medical files and law enforcement records. Notably, it clarifies that police reports of incidents that do not lead to an arrest are not automatically exempt from disclosure.
The bill mandates that all records be available for inspection and copying, and that written minutes of meetings be maintained and posted online. It streamlines the public records request process by allowing requests to be made in various formats and reduces the cost of copying records from fifteen cents to five cents per page.
Additionally, the bill establishes penalties for public bodies that knowingly violate access laws, increasing fines for knowing and willful violations from two thousand dollars ($2,000) to four thousand dollars ($4,000) and for reckless violations from one thousand dollars ($1,000) to two thousand dollars ($2,000). It allows for compensatory and punitive damages in cases of violations and addresses vexatious requests by permitting public bodies to seek relief from the courts for requests intended to disrupt government operations.
The bill also clarifies that certain traffic accident records are public, even if not admissible in court, and makes preferred license plate information public, subject to federal privacy laws. Overall, the amendments aim to improve public access to information, enhance the efficiency of the request process, and impose stricter penalties for violations, with the act set to take effect upon passage.
Statutes affected: 2138: 39-21.1-17