PROVIDENCE – Gov. Donald L. Carcieri today announced vetoes of 22 measures, including legislation intended to speed access to arrest reports and other public records.
The measure – “An Act Relating to Public Records: Access to Public Records” (2008 H 7422A) – was approved by the General Assembly just before its summer recess. (READ MORE)
The public records act would bring the first major changes in 10 years to the state’s open government, or “sunshine,” laws. It would require that all public agencies certify in writing, each year, that all employees who handle public-records requests had been trained in their responsibilities under the law. It also would require that certain basic information about any arrest be released within 24 hours, and that narrative reports be released within seven business days.
“My administration strongly believes that the records of Rhode Island should be fully transparent and open to the public,” Carcieri wrote in his three-page veto message. “Oftentimes, information that would otherwise be exempted in accordance with [the Access to Public Records Act (ARPA)] has been disclosed by my administration in the interests of open government.”
But, he said, “if enacted, this bill would force our law-enforcement agencies to publicize information that may compromise public safety. This bill would provide for the release of information regarding crimes and witnesses, even if such information constituted an unwarranted invasion of personal privacy.” In addition, Carcieri said, “this bill required the release of a vast amount of arrest information within 24 hours after the receipt of a request,” including the arrest location.
The governor also cited a lack of clarity as to whether total time allowed for an ARPA response had been reduced from 30 business days to 20 or 27; said that allowing requests to be submitted anonymously “is not practical”; and condemned the measure’s failure to provide “any additional resources” to the public agencies of which an expedited response would be required.
The measure – drafted with the help of R.I. Police Chiefs Association and its president, Warwick Police Chief Steven M. McCartney – is supported by Access/RI, a nonprofit freedom-of-information coalition that includes the Rhode Island Press Association (RIPA), the University of Rhode Island’s Department of Journalism, Common Cause, the Rhode Island affiliate of the American Civil Liberties Union (ACLU) and other public policy groups.
Also vetoed by the governor were:
• “Joint Resolution Relating to the Edward O. Hawkins and Thomas C. Slater Medical Marjuana Act” (2008 H 7888A), which would commission a study panel to set guidelines for the licensing of nonprofit medical-marijuana clinics across the state and recommend rules for physician and patient participation. Carcieri condemned the plan as “making the state a party to the manufacture, processing and distribution of a controlled substance.”
• “An Act Relating to Health and Safety: The R.I. Resource Recovery Corporation” (2009 H 7238), which would set a higher penalty for dumping of out-of-state waste at the state Central Landfill in Johnston, and tighten enforcement of that ban. Although the governor praised that move, he added that “the bill has a critical and fatal flaw,” in its proposal to use the R.I. Environmental Response Fund to reimburse the Town of Johnston, the R.I. Attorney General’s Office and the R.I. Department of Emergency Management for the extra expenses that enforcement effort would bring. “Without clear and reasonable limits, there is a high likelihood that reimbursements could exceed revenue,” endangering the state’s “capability to respond to environmental emergencies and address contamination,” Carcieri said.
• “An Act Relating to Towns and Cities: Health and Education Building Corporation” (2008 H 8436), which would make appointments to the R.I. HEBC contingent upon the advice and consent of the state Senate. “There is no problem with the current appointment procedure … therefore, the procedure shall not change,” Carcieri wrote.
• “An Act Relating To Towns and Cities” (2008 H 7327A), a neighborhood-protection bill that would require banks and other businesses that purchase residential properties at foreclosure to post a bond with the city or town, to help ensure that such properties are maintained in safe condition.
• “An Act Relating to Taxation” (2008 H 8331A), which would allow the City of Providence to offer a $250 per year property-tax credit to owner-occupied homes valued at $150,000 or less for a condo, $200,000 or less for a house and $275,000 or less for a two- to five-family home.
• “An Act Relating to Taxation: Levy and Assessment Of Local Taxes” (2008 H 8386), relating to the proposed tax-increment financing of a water park in the Town of West Warwick.
• “An Act Relating to Public Property and Works: Management and Disposal Of Property” (2008 H 8231), which would allow cities and towns to designate as a redevelopment area any neighborhood that qualifies as “blighted” under existing law.
• “An Act Relating To State Affairs and Government: The Civil Rights Act of 1990” (2008 H 7361)
• “An Act Relating To State Affairs and Government: State Police” (2008 H 7457A), which would expand the definition of “hate crime” to also cover bias based on gender, “gender identity” and “gender-related expression” – terms Carcieri called “confusing.” The law already protects against actions or threats spurred by prejudice against race, religion, sexual orientation, gender and disability.
• “Act Relating To Criminal Procedures: Sentencing and Execution” (2008 H 7583A)
• “An Act Relating to Criminal Offenses: Fraud and False Dealing” (2008 H 7221), which seeks to bar the sale of devices and substances commonly used to fool drug and alcohol tests.
• “An Act Relating to Motor and Other Vehicles: Traffic Control Devices” (2008 H 7264A), which would permit R.I. Public Transit Authority buses and other RIPTA vehicles to use devices capable of prolonging green traffic lights or changing lights to green. Such devices currently are allowed only for emergency use by fire or law-enforcement vehicles.
• “An Act Relating to Elections (2008 H 7707A), which calls for the president and vice president to be elected by popular vote, rather than by delegates to the Electoral College.
• “An Act Relating to Human Services: Public Assistance Act” (2008 H 7817A), which would limit the number of hearings the R.I. Department of Human Services could require of someone seeking to obtain or continue eligibility for food stamps.
• “An Act Relating to Health and Safety: Center for Health Professions Act” (2008 H 7872A), which would create a new center under the sponsorship of the Health Partnership Council of Rhode Island to coordinate and communicate work-force development and other health industry efforts.
• “An Act Relating to Public Utilities and Carriers: Regulatory Powers Of Administration” (2008 H 8190), which would allow cities and towns to bar publicly owned water authorities from including hydrant fees in their rate structure.
• “An Act Relating to Financial Institutions: Licensed Activities” (2008 H 8405), which would allow the state to mandate certain consumer-protection measures, such as requiring that check-cashing businesses post information in multiple languages.
• “An Act Relating to Insurance: Life Settlements Act” (2008 H 7442A), which would limit the transferability of life-insurance policies and settlements.
• “An Act Relating to Insurance: Liability Insurance (2008 H 7490A), which would extend the statute of limitations for personal injury lawsuits, adding another 120 days to the current three-year limit, a move Carcieri deemed “unreasonable.”
Today’s list included two measures whose Senate versions Carcieri had vetoed last Friday, along with a third measure that sought the construction of a new courthouse for the Blackstone Valley. (See that day’s PBN.com article, “Carcieri vetoes three renewable energy measures.”) They were:
• “An Act Relating to State Affairs and Government: Restricting Radio Frequency Identification (RFID) Devices” (2008 H 8027), which would bar school systems from using RFID tags to track students at school or in transit.
• “An Act Relating to Public Utilities and Carriers” (2008 H 7916A), which would set conditions for National Grid to enter into long-term contracts for renewable energy. A similar measure in the Bay State was signed into law yesterday by Mass. Gov. Deval L. Patrick. (READ MORE)
News and information from the R.I. Governor’s Office is available at www.governor.ri.gov.
News and information from the R.I. General Assembly is available at www.rilin.state.ri.us/News.
