For the third year in a row, advocates pressed for an overhaul of Rhode Island's Access to Public Records Act, which hasn't been significantly updated in 13 years.

And for the third year in a row, the legislation will die in committee after facing a barrage of opposition from Governor Daniel J. McKee's administration, according to the bill's main legislative champion, Senator Louis P. DiPalma. Legislators are aiming to wrap up the 2025 legislative session this week.

DiPalma, a Middletown Democrat, said that while the governor's office and an array of state agencies opposed the bill, the administration offered few, if any, recommendations on how to improve the state's public records law.

"Categorically, it is going to take someone at the top saying, 'Here is how we can get it done,' " DiPalma said. "It’s OK to say 'no.' But you need to come to the table with suggestions on how to make it better — unless you believe it’s perfect.”

DiPalma, seen as a potential lieutenant governor candidate in 2026, said he will seek to have the bill heard earlier in next year's legislative session. "I am not stopping," he said. "This is just cueing me to work harder."

DiPalma said he feels sorry for "all the people who are impacted by this — those seeking information — and also for the cities and towns and others that asked us to address 'vexatious' records requests. That is falling on deaf ears."

The bill would have made 48 changes to the public records law, addressing everything from traffic crash data to police body camera footage, from search-and-retrieval fees to fines for violations.

McKee spokesperson Laura Hart said, "Transparency is in the public’s interest — that’s not in dispute — but the state must balance transparency with privacy rights and costs to the taxpayer. State and municipal experts who do this work every day have brought up numerous privacy concerns." 

Among other issues, she said, "Disclosing the names of preferred license plate owners violates the Driver’s Privacy Protection Act. Disclosing subpoenas prematurely could negatively impact investigations," and "Narrowing the exceptions for doctor/patient communications could put health care privacy at risk."

Hart said the public records law was designed with the ability to charge fees to cover the costs of document collection, review, and redactions — "and to discourage overly broad requests that take staff time and taxpayer dollars to complete."

"Requiring public records officer, instead of the courts, to determine fee waivers based on 'public interest' or when there is a 'denial' will add significant risk and expense, both in staff time and in unnecessary litigation, all financed by taxpayer dollars," Hart said.

Steven Brown, executive director of the American Civil Liberties Union of Rhode Island, said the McKee administration "bombarded" legislators with objections to the bill.

"We just have to keep at it," Brown said. "At some point, I am hopeful the legislature will recognize that reform is absolutely essential, notwithstanding bogus objections from the executive branch."

John M. Marion, executive director of Common Cause Rhode Island, said, "It's sad that the legislature just doesn't find it a priority to advance transparency in government. That's the single bill that would do the most, of the thousands of bills before them, to advance open government in Rhode Island at a time when people don't have a lot of trust in government."

Advocates need to continue to link the legislation to people's everyday lives, Marion said. "We also need to convince every legislator that this is really a bread-and-butter issue for them," he said. "This is about how government runs and how people can find out how government runs."

Justin Silverman, executive director of the New England First Amendment Coalition, said, “Government decisions affect the life of every Rhode Islander. From the Washington Bridge to local law enforcement, these are issues that matter to everyone. This APRA bill would allow us to better understand the decisions government makes and how our tax dollars are being spent. The bill will get passed one way or another, this year or next. Transparency and accountability are far too important to give up on.”