SECTION 1. Sections 11-47-2, 11-47-11, 11-47-12 and 11-47-18 of the General Laws in Chapter 11-47 entitled "Weapons" are hereby amended to read as follows: 11-47-2. Definitions. When used in this chapter, the following words and phrases are construed as follows:
(1) “3D printing process” means 3D printing or additive manufacturing which is a process of making three (3) dimensional solid objects from a computer file and shall include any of various processes in which material is joined or solidified under computer control to create a three (3) dimensional object, with material being added together including liquid molecules or powder grains.
(2) “Antique firearm” is defined as that term is defined under the provisions of 18 U.S.C. § 921.
(3) “Binary trigger” means a device that replaces a standard trigger on a semi-automatic weapon and is designed to fire one round on the pull of the trigger and another round upon release of the trigger.
(4) “Bump-fire stock” means any device that replaces a semi-automatic weapon’s standard stock and is designed to slide back and forth rapidly, harnessing the weapon’s recoil to rapidly fire the weapon.
(5) “Crime gun” means any firearm used in a crime or identified by law enforcement as suspected of having been used in a criminal offense.
(6) “Crime of violence” means and includes any of the following crimes or an attempt to commit any of them: murder, manslaughter, rape, first- or second-degree sexual assault, first- or second-degree child molestation, kidnapping, first- and second-degree arson, mayhem, robbery, burglary, breaking and entering, any felony violation involving the illegal manufacture, sale, or delivery of a controlled substance, or possession with intent to manufacture, sell, or deliver a controlled substance classified in schedule I or schedule II of § 21-28-2.08, any violation of § 21- 28-4.01.1 or § 21-28-4.01.2 or conspiracy to commit any violation of these statutes, assault with a dangerous weapon, assault or battery involving grave bodily injury, or assault with intent to commit any offense punishable as a felony; upon any conviction of an offense punishable as a felony offense under § 12-29-5.
(7) “Firearm” includes any machine gun, pistol, rifle, air rifle, air pistol, “blank gun,” “BB gun,” or other instrument from which steel or metal projectiles are propelled, or that may readily be converted to expel a projectile, except crossbows, recurve, compound, or longbows, and except instruments propelling projectiles that are designed or normally used for a primary purpose other than as a weapon. The frame or receiver of the weapon shall be construed as a firearm under the provisions of this section.
(8) “Fugitive from justice” means any person who has fled from any state, territory, the District of Columbia, or possession of the United States to avoid prosecution for a crime of violence or to avoid giving testimony in any criminal proceeding.
(9) “Ghost gun” means a firearm, including a frame or receiver, that lacks a unique serial number engraved or cased in metal alloy on the frame or receiver by a licensed manufacturer, maker, or importer under federal law or markings in accordance with 27 C.F.R. § 479.102. It does not include a firearm that has been rendered permanently inoperable, or a firearm that is not required to have a serial number in accordance with the federal Gun Control Act of 1968.
(10) “Licensing authorities” means the board of police commissioners of a city or town where the board has been instituted, the chief of police or superintendent of police of other cities and towns having a regular organized police force, and, in towns where there is no chief of police or superintendent of police, it means the town clerk who may issue licenses upon the recommendation of the town sergeant, and it also means any other person or body duly authorized by the city or town charter or by state law.
(11) “Machine gun” means any weapon that shoots, is designed to shoot, or can be readily restored to shoot automatically more than one shot, without manual reloading, by a single function of the trigger. The term also includes the frame or receiver of the weapon, any combination of parts designed and intended for use in converting a weapon into a machine gun, and any combination of parts from which a machine gun can be assembled if the parts are in the possession or under the control of a person.
(12) “Major component” means, with respect to a firearm:
(i) The slide or cylinder or the frame or receiver of the firearm; and
(ii) In the case of a rifle or shotgun, includes the barrel of the firearm.
(13) “Person” includes an individual, partnership, firm, association, or corporation.
(14) “Pistol” includes any pistol or revolver, and any shotgun, rifle, or similar weapon with overall length less than twenty-six inches (26″), but does not include any pistol or revolver designed for the use of blank cartridges only.
(15) “Rifle” shall have the same meaning as in 26 U.S.C. § 5845(c), and by barrel length and overall length not be subject to registration pursuant to the National Firearms Act, 26 U.S.C. ch. 53 (prior § 5801 et seq.).
(16) “Sawed-off rifle” means any rifle with overall length of less than twenty-six inches (26″) or barrel length of less than sixteen inches (16″).
(17) “Sawed-off shotgun” means any shotgun with overall length of less than twenty-six inches (26″) or barrel length of less than eighteen inches (18″).
(18) “Sell” includes let or hire, give, lend, and transfer, and “purchase” includes hire, accept, and borrow, and “purchasing” shall be construed accordingly.
(19) “Shotgun” shall have the same meaning as in 26 U.S.C. § 5845(d), and by barrel length and overall length not be subject to registration pursuant to the National Firearms Act, 26 U.S.C. ch. 53 (prior § 5801 et seq.).
(20) "Suitable person" means any person who is not prohibited by state law from possessing a pistol or revolver; provided, however, a person may be considered unsuitable if the licensing authority has clear and convincing evidence that the person is a clear and present danger to themself, or to another person, or any person may be considered unsuitable if the law enforcement agency conducting the background check or the department of attorney general has evidence which supports a good faith belief that the person is a member of a criminal street gang as defined in § 12-19-39(a). (20)(21) “Trigger crank” means a trigger actuator that attaches to the trigger of a semi- automatic weapon and causes the weapon to fire by turning the crank handle. (21)(22) “Undetectable firearm” means any firearm that:
(i) After removal of all parts, other than a major component, is not as detectable by walk- through metal detectors commonly used at airports or other public buildings; or
(ii) Any major component of which, if subjected to inspection by the types of detection devices commonly used at airports or other public buildings for security screening, would not generate an image that accurately depicts the shape of the component; or
(iii) Is manufactured wholly of plastic, fiberglass, or through a 3D printing process; or
(iv) Upon which the frame or receiver lacks a unique serial number engraved or cased into on the frame or receiver by a licensed manufacturer, maker, or importer under federal law, or markings in accordance with 27 C.F.R. § 479.102. Provided, however, this subsection shall not apply to any firearm rendered permanently inoperable or a firearm manufactured prior to 1968. 11-47-11. License or permit to carry concealed pistol or revolver.
(a) The licensing authorities of any city or town shall, upon application of any person twenty-one (21) years of age or over having a bona fide residence or place of business within the city or town, or of any person twenty-one (21) years of age or over having a bona fide residence within the United States and a license or permit to carry a pistol or revolver concealed upon his or her person issued by the authorities of any other state or subdivision of the United States, issue a license or permit to the person to carry concealed upon his or her person a pistol or revolver everywhere within this state for four (4) years from date of issue, if it appears that the applicant has good reason to fear an injury to his or her person or property or has any other proper lawful reason for carrying a pistol or revolver, and that he or she the applicant is a suitable person to be so licensed, subject to the provisions of §§ 11-47-12 and 11-47-15. Self-defense shall be considered a proper purpose and lawful reason.
(1) The license or permit shall be in triplicate in form to be prescribed by the attorney general and shall bear the fingerprint, photograph, name, address, description, and signature of the licensee and the reason given for desiring a license or permit and in no case shall it contain the serial number of any firearm. The original shall be delivered to the licensee.
(2) The licensing authority shall retain a copy of the permit for its records and send a second copy to the department of attorney general. All permits issued or renewed pursuant to this section shall be recorded in the Rhode Island criminal history database, or its successor system.
(3) Any member of the licensing authority, its agents, servants, and employees shall be immune from suit in any action, civil or criminal, based upon any official act or decision, performed or made in good faith in issuing a license or permit under this chapter.
(b) Notwithstanding any other chapter or section of the general laws of the state of Rhode Island, the licensing authority of any city or town shall not provide or release to any individual, firm, association or corporation the name, address, or date of birth of any person who has held or currently holds a license or permit to carry a concealed pistol or revolver. This section shall not be construed to prohibit the release of any statistical data of a general nature relative to age, gender and racial or ethnic background nor shall it be construed to prevent the release of information to parties involved in any prosecution of § 11-47-8 or in response to a lawful subpoena in any criminal or civil action which the person is a party to that action.
(c) The licensing authority shall, within fourteen (14) calendar days, return any incomplete application to the applicant along with a written explanation, stating with specificity, why the application is incomplete.
(d) The licensing authority shall approve or deny a complete application within ninety (90) calendar days of receiving it.
(1) Within seven (7) business days after approval, the license shall be made available for the applicant to pick up in person or, at the request and expense of the applicant be delivered by mail.
(2) Any denial shall be in writing and state with specificity the reason(s) and evidence upon which the licensing authority based its decision and the rationale for the denial.
(3) Failure by the licensing authority to approve or deny an application within the time allowed shall constitute a denial for the sole purpose of permitting an appeal by the applicant and for no other purpose, and shall create a presumption that no evidence exists indicating that the applicant is unsuitable.
(e) Any permit issued pursuant to this section is eligible to be renewed if it is not expired, or has been expired for less than six (6) months. Any person whose permit has been expired for six
(6) months or more may apply for a new permit under this section.
(f) Each licensing authority shall make its application available to any person by:
(1) Posting it on its website, if it has one; and
(2) Making it immediately available, free of charge, to any person who requests it; and
(3) Upon request, providing a copy by regular mail using the United States Postal Service.
(g) All applications shall require two (2) forms of identification, including, but not limited to, a driver’s license, state issued non-driver identification card, concealed carry permit issued by any state or political subdivision of any state, passport, immigration documentation, military identification, student identification, social security card or a birth certificate. At least one of these shall be a government issued photo identification.
(1) The licensing authority may only use the applicant’s social security number for the background check.
(h) All applications shall include a Federal Bureau of Investigation (FBI) fingerprint card (FD-258), or successor version, or provide fingerprints by live-scan, with the application, except that this information shall not be a requirement for a renewal applicant.
(i) All applications shall include a copy of the instructor’s credentials for the instructor who certified their firing score on their application.
(j) All licensing authorities of a city or town shall use the following application: Application for a concealed carry license pursuant to RIGL § 11-47-11 Name: __________________________________________________________________ Address: __________________________________________________________________ (Street and number) (City or town) (State) (ZIP) Date of Birth: _________________ Place of Birth_____________________ Height: __________ Weight: __________ Color hair: ___________ Color eyes: __ Are you a citizen of the United States?_____________________ If you are not a US citizen, please list your admission/INS number: ____________ ARMY L or RI COMBAT COURSE shooting score: ______________________ Name and certification number of NRA or RI instructor: _____________________ Signature of instructor: ____________________________________________________ Have you ever been convicted of a crime of violence (Pursuant to §11-47-2)? ____ Are you a fugitive from justice (Pursuant to § 11-47-2)?______________________ Have you ever been adjudicated as being addicted to a controlled substance (Pursuant to § 11-47-6)? __________________________ Have you ever been adjudicated as being mentally incompetent (Pursuant to § 11-47-6)? _______ Have you been dishonorably discharged from the United States Military? _______ To your knowledge, are you prohibited by federal or state law from possessing a firearm? __________ For what lawful purpose do you seek to carry a pistol or revolver? ______________________________________________________________ Applicant's signature: ______________________________________________________ (See § 11-47-23 for penalty for false information provided on this application) AFFIDAVIT: I certify that I have read and am familiar with the provisions of chapter 47 of title 11 entitled "Weapons", of the general laws of the State of Rhode Island and that I am aware of the penalties for violation of the provisions of chapter 47 of title 11. Signed before me under penalties of perjury by____________________, known to me personally or did present a valid photo identification card which was_________________________ County of _________________ State of Rhode Island Subscribed and sworn before me this ____ of ________________, 20____ Notary Public Notary Public number:________________
(k) No licensing authority shall require any additional forms, standards, information, waivers or other additional requirements unless specifically requested by, or provided by, the applicant.
(l) The licensing authority shall establish and maintain an emergency permit extension on the renewal application for a license to carry a concealed weapon.
(1) The emergency permit extension is only available to renewal applicants who, at the time of the application, have an unexpired four (4) year city or town issued license to carry a concealed weapon and who are required to maintain this license for work purposes.
(2) A complete renewal application shall be delivered to the licensing authority prior to the license expiration date.
(3) The licensing authority shall, within three (3) business days of receipt of the renewal application if there is no material change in the renewal application, no material change in need and no change in the applicant’s criminal history, automatically approve and make available the emergency permit.
(4) A fee of fifty dollars ($50.00) shall be paid to the licensing authority for the emergency permit extension upon the issuance of the emergency permit.
(5) An emergency license to carry a concealed weapon shall be valid for ninety (90) days only.
(6) Nothing in the emergency permit extension section shall be construed or interpreted to stay or toll the time periods in the renewal process as outlined in subsection (e) of this section. 11-47-12. License or permit fee. A fee of forty dollars ($40.00) shall be charged and shall be paid for each a license or permit to the licensing authority or the department of attorney general upon issuance issuing it. No additional fees or costs of any type shall be charged or assessed for any reason, except, that the applicant may be assessed the actual cost charged by the FBI to process their prints. Every license or permit shall be valid for four (4) years from the date when issued unless sooner revoked, subject to the emergency permit provisions of § 11-47-11. The fee charged for issuing of the license or permit shall be applied for the use and benefit of the city, town, or state of Rhode Island the department of attorney general. 11-47-18. License or permit issued by attorney general on showing of need — Issuance to retired police officers.
(a) The attorney general may shall issue a license or permit to any person twenty-one (21) years of age or over to carry a pistol or revolver, whether concealed or not, upon his or her person everywhere within this state for four (4) years from the date of issue upon a proper showing of need, or the applicant has good reason to fear an injury to their person or property, or for employment, and that they are a suitable person to be so licensed, subject to the provisions of §§ 11-47-12 and 11-47-15; that license or permit may be issued notwithstanding the provisions of § 11-47-7.
(1) No licensing authority shall issue a license or permit to carry a concealed pistol or revolver to any person in violation of § 11-47-7 and any license or permit issued shall immediately be revoked.
(b) All state police officers and permanent members of city and town police forces of this state who have retired in good standing after at least twenty (20) years of service, or retired in good standing due to a physical disability other than a psychological impairment, may shall be issued a license or permit by the attorney general subject to the provisions of §§ 11-47-12 and 11-47-15. The term “in good standing” means that at the time of retirement, the police officer was not facing disciplinary action that could have resulted in his or her termination for misconduct or unfitness for office. Any member of the licensing authority, and its agents, servants, and employees shall be immune from suit in any action, civil or criminal, based upon any official act or decision, performed or made in good faith in issuing and/or denying a license or permit under this chapter.
(c) Notwithstanding any other chapter or section of the general laws of the state of Rhode Island, the attorney general shall not provide or release to any individual, firm, association or corporation the name, address, or date of birth of any person who has held or currently holds a license or permit to carry a concealed pistol or revolver. This section shall not be construed to prohibit the release of any statistical data of a general nature relative to age, gender and racial or ethnic background nor shall it be construed to prevent the release of information to parties involved in any prosecution of § 11-47-8 or in response to a lawful subpoena in any criminal or civil action which said person is a party to such action.
(d) Any permit issued pursuant to this section is eligible to be renewed if it is not expired, or has been expired for less than six (6) months. Any person whose permit has been expired for six
(6) months or more may apply for a new permit under this section.
(e) The attorney general’s application for a license to carry a pistol or revolver shall be filled out completely by the applicant, dated and signed by the applicant and notarized.
(f) The attorney general may request only the following information on the application:
(1) The applicant’s full name, prior name if legally changed, all nicknames and aliases, full residence address and mailing address if different from the applicant’s residence. No post office box addresses shall be used for a mailing address.
(2) All the applicant’s available phone numbers, including, but not limited to, business, cellular, mobile and land line phone numbers.
(3) The applicant’s height, weight, color of eyes and hair, date and place of birth, and Social Security number.
(4) If the permit is being sought as a condition of employment, the applicant’s occupation, job description, years of employment and employer’s address and contact information.
(5) The applicant’s proof of citizenship, length of citizenship and if the applicant is not a citizen of the United States, a copy of both sides of a current and valid alien registration card or work authorization card.
(6) A listing of all of the applicant’s address for the last three (3) years, including the full address with dates of residence.
(7) Information relating to the applicant’s arrest record including, but not limited to, the date the applicant was arrested, the name of the city/town or arresting agency, the state in which the arrest occurred, the arresting charge and disposition.
(8) Information relating to the applicant’s plea of nolo contendere to any charge or violation including, but not limited to, the date the applicant was arrested, the name of the city/town or arresting agency, the state in which the plea occurred, the arresting charge and disposition.
(9) Information relating to the applicant’s conviction record, including, but not limited to, the date the applicant was arrested, the name of the city/town or arresting agency, the state in which the arrest occurred, the arresting charge and disposition.
(10) Information relating to the applicant’s indictment in any court for a crime punishable by a sentence of more than one year, including, but not limited to, the name of the city/town or indicting agency, the state of the indictment, the indicting charge and disposition.
(11) Information relating to whether the applicant was ever under a guardianship or been subject to confinement by virtue of being a mental incompetent, or who has been adjudicated or is under treatment or confinement as a drug addict, including, but not limited to, the dates thereof.
(12) Information relating to the applicant’s current and prior applications for a permit to carry a pistol or revolver from the Rhode Island attorney general, any local city or town, or any other state, including, but not limited to, if any permit is active, denied or revoked, with the dates and reasons thereof. The attorney general may require notarized photocopies of the front and back of all valid permits.
(13) All non-resident applicants shall include a copy of both the front and the back of their home state permit, if they have one.
(g) The attorney general may require only the following with the application from an out- of-state applicant:
(1) A dated, signed and notarized typed statement from the applicant outlining the applicant’s specific reasons and details regarding the applicant's need for a Rhode Island permit. If the permit is to be used for employment, a typed and signed letter of explanation shall be submitted on the applicant’s employer’s letterhead and included with the application. In addition, the applicant shall submit a copy of the business license or other evidence that the business exists.
(2) The applicant shall enclose two (2) one inch by one inch (1" X 1") pictures of the applicant taken without headgear or glasses. This photo shall be a clear, colored picture of the head and face. The applicant shall print their name on the back of each picture. No laminated photos shall be accepted.
(3) Copies of both the front and the back of two (2) types of positive identification for the applicant, examples include, but are not limited to, birth certificate, United States passport, a Rhode Island or other state driver’s license or a Rhode Island identification card, concealed carry permit issued by any state or political subdivision of any state, military identification, student identification or social security card. At least one of these documents shall be a government issued photo identification. The photocopies submitted shall be signed and dated by a notary public attesting to the photocopies as being true copies.
(i) The licensing authority may only use the applicant’s social security number for the background check.
(4) The application shall include the applicant’s full set of fingerprints submitted on a FBI fingerprint identification card {FD-258 (Rev. 12-29-82 or successor version)} included with the application. The fingerprint card shall be signed by the applicant. Submission of fingerprints shall not be necessary for a renewal application
(5) Three (3) dated, signed and notarized typed reference letters from individuals who personally know the applicant. The individuals used as references shall include on the letters the following information: their full names, residence address, phone number with area code and the years they have known the applicant. An applicant’s reference letter dated more than one hundred and twenty (120) days prior to the date of the permit application shall be considered invalid. Reference letters shall be written by the reference, not the applicant, and cannot be identical. Submission of letters of reference shall not be necessary for a renewal application.
(6) A certification that the applicant has qualified in accordance with § 11-47-15. (Law enforcement personnel may submit a certification of the Rhode Island combat course). An N.R.A. instructor or a police range officer shall sign and complete the certification which shall include the date of the qualification, the printed name, phone number of the instructor, instructor N.R.A. number, the caliber of the weapon and the applicant’s score. An applicant’s qualification certification dated more than one year prior to the date of the permit application shall be considered invalid.
(7) A copy of the N.R.A. instructor certification and/or the police officer’s range certification shall be submitted with the application.
(8) The applicant’s legal residence may be required. The residency requirement may be satisfied by any one of the following methods: the application may be signed by the applicant’s local licensing authority; the application may be signed by the city or town chief of police; the application may be signed by the city or town clerk; or the applicant may submit a certified or notarized copy of the applicant’s voter registration card.
(9) The applicant shall sign an affidavit certifying that the applicant has read and is familiar with the provisions of §§ 11-47-1 to 11-47-64, inclusive, as amended, and acknowledges the penalties for violations of the provisions of the cited sections. The applicant shall further attest that any alteration of the permit is just cause for revocation. The affidavit shall be dated and notarized and shall indicate the date it was submitted to the licensing authority or the police department.
(h) The attorney general shall, within ninety (90) days for an in-state applicant or one hundred and twenty (120) days for an out-of-state applicant from the receipt of a complete application, either approve or deny the application.
(1) If the application is approved, the attorney general may require the applicant to appear at the department of attorney general to sign and submit a fingerprint card for the permit.
(2) If the attorney general denies the application, the applicant shall be notified, either by mail or by phone, that the entire application is available for pick-up by the applicant. Any denial shall be in writing and state with specificity the reason(s) and evidence upon which the denial was based and the rationale for the denial.
(3) If the attorney general deems the application incomplete, then the applicant shall be notified, either by mail or by phone, within five (5) business days from submitting the application, that the entire application is available for pick-up by the applicant along with a written response stating the reason(s) why the application was deemed incomplete.
(i) The provisions of § 11-47-35 and § 11-47-35.2 shall not apply to persons licensed under §11-47-18.
(j) The attorney general’s renewal application for a license to carry a pistol or revolver shall require the following:
(1) The applicant shall submit a fully complete, signed, dated and notarized renewal application to the attorney general prior to the expiration date of the permit.
(2) The renewal application shall include only the information included in subsection (d)(1) of this section and shall only contain the requirements included in subsection (d)(2) of this section, with the following exceptions:
(i) The three (3) dated, signed and notarized typed reference letters from individuals who personally know the applicant are not required upon renewal.
(ii) The fingerprint card requirement is not required upon renewal.
(3) The attorney general shall, within sixty (60) days of receipt of the renewal application, if there is no material change in the applicant’s renewal application, no material change in need and no change in the applicant’s criminal history, automatically approve the renewal application.
(k) The attorney general shall establish and maintain an emergency permit extension on the renewal application for a license to carry a pistol or revolver.
(1) The emergency permit extension is only available to renewal applicants who, at the time of the application, have an unexpired four (4) year attorney general license to carry a pistol or revolver and who must maintain this license for work purposes.
(2) A complete renewal application shall be delivered to the department of attorney general prior to the license expiration date.
(3) The attorney general shall, within three (3) business days of receipt of the renewal application, if there is no material change in the applicant’s renewal application, no material change in need and no change in the applicant’s criminal history, automatically approve and make available the emergency permit.
(4) A fee of fifty dollars ($50.00) shall be paid to the attorney general for the emergency permit extension upon the issuance of the emergency permit.
(5) An emergency license to carry a pistol or revolver shall be valid for ninety (90) days only.
(6) Nothing in the emergency permit extension section shall be construed or interpreted to stay or toll the time periods in the renewal process as outlined in section (e) of this section.
SECTION 2. Chapter 11-47 of the General Laws entitled "Weapons" is hereby amended by adding thereto the following section: 11-47-18.1. Review and appeal of the decision of the licensing authority or attorney general.
(a) A decision denying a firearms permit pursuant to either § 11-47-11 or § 11-47-18 shall be final unless further review and/or appeal is initiated in writing within fifteen (15) days after the decision has been mailed to the applicant at the address listed on the application.
(b) An aggrieved individual may submit a written request to reconsider the denial to the licensing authority or the department of attorney general. Any request for reconsideration shall be submitted within fifteen (15) days after the decision has been mailed to the address provided by the applicant.
(1) The licensing authority or the department of attorney general shall schedule and conduct an in-person meeting within thirty (30) days of the request to review and discuss the decision. Said meeting shall only be scheduled or rescheduled beyond the initial thirty (30) day period by agreement of the parties and/or for good cause, but in no event exceed sixty (60) days.
(2) The applicant may submit any supplemental documentation or written evidence relative to the application, which shall become part of the application.
(3) The meeting shall be conducted as an informal meeting, not as an administrative hearing. The licensing authority or the department of attorney general shall receive and consider documents and other evidence without regard to statutory and common law rules. No stenographic record, transcription, video, audio or other recording shall be allowed.
(4) The applicant may be represented by an attorney during the appeal process.
(5) The licensing authority or the department of attorney general shall within fourteen (14) days after the meeting mail a decision to the applicant granting or denying the application. Any denial shall be in writing and state with specificity the reason(s) and evidence upon which the denial was based and the rationale for the denial.
(c) An aggrieved individual may submit an appeal of the decision denying a firearms permit pursuant to the decision of the request to reconsider to the superior court of the State of Rhode Island for the county in which the licensing authority or attorney general is located, in the form of a miscellaneous petition, within fifteen (15) days after the decision has been mailed to the applicant at the address listed on the application.
(1) The petition for review shall state the grounds upon which review is sought but need not be verified.
(2) Upon appeal, the petitioner is entitled to a trial de novo before a justice of the superior court without a jury.
(3) Within thirty (30) days of the filing of the notice of appeal, the licensing authority or attorney general shall provide a full, complete and certified copy of the application and all submitted documents to both the petitioner and the superior court.
(d) Pursuant to chapter 2 of title 38, the request to reconsider and the appeal to superior court, shall not be deemed public. All documents, records and proceedings before the licensing authority, the department of attorney general and the superior court are not open to the public but may be accessed by law enforcement personnel to be used for law enforcement purposes related to the appeal only and shall otherwise remain confidential.
(e) An applicant may have their hearing open to the public upon written request to the superior court.
(f) The superior court shall award reasonable attorney fees, costs and filing fees to the prevailing applicant if the court finds that there is no justiciable issue of either law of fact or to the prevailing applicant if the licensing authority or the department of attorney general did not have a good faith basis in the denial of the license or permit.
SECTION 3. Section 38-2-2 of the General Laws in Chapter 38-2 entitled "Access to Public Records" is hereby amended to read as follows: 38-2-2. Definitions. As used in this chapter:
(1) “Agency” or “public body” means any executive, legislative, judicial, regulatory, or 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 of Rhode Island state or local government that exercises governmental functions; any authority as defined in § 42-35-1(b); or any other public or private agency, person, partnership, corporation, or business entity acting on behalf of and/or in place of any public agency.
(2) “Chief administrative officer” means the highest authority of the public body.
(3) “Public business” means any matter over which the public body has supervision, control, jurisdiction, or advisory power.
(4) “Public record” or “public records” shall mean all documents, papers, letters, maps, books, tapes, photographs, films, sound recordings, magnetic or other tapes, electronic data processing records, computer stored data (including electronic mail messages, except specifically for any electronic mail messages of or to elected officials with or relating to those they represent and correspondence of or to elected officials in their official capacities), 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. For the purposes of this chapter, the following records shall not be deemed public: (A)(I)(a) All records relating to a client/attorney relationship and to a doctor/patient relationship, including all medical information relating to an individual in any files.
(b) Personnel and other personal individually identifiable records otherwise deemed confidential by federal or state law or regulation, or the disclosure of which would constitute a clearly unwarranted invasion of personal privacy pursuant to 5 U.S.C. § 552 et seq.; provided, however, with respect to employees, and employees of contractors and subcontractors working on public works projects that are required to be listed as certified payrolls, the name, gross salary, salary range, total cost of paid fringe benefits, gross amount received in overtime, and any other remuneration in addition to salary, job title, job description, dates of employment and positions held with the state, municipality, or public works contractor or subcontractor on public works projects, employment contract, work location, and/or project, business telephone number, the city or town of residence, and date of termination shall be public. For the purposes of this section “remuneration” shall include any payments received by an employee as a result of termination, or otherwise leaving employment, including, but not limited to, payments for accrued sick and/or vacation time, severance pay, or compensation paid pursuant to a contract buy-out provision. For purposes of this section, the city or town residence shall not be deemed public for peace officers, as defined in § 12-7-21, and shall not be released.
(II) Notwithstanding the provisions of this section, or any other provision of the general laws to the contrary, the pension records of all persons who are either current or retired members of any public retirement systems, as well as all persons who become members of those retirement systems after June 17, 1991, shall be open for public inspection. “Pension records” as used in this section, shall include all records containing information concerning pension and retirement benefits of current and retired members of the retirement systems and future members of said systems, including all records concerning retirement credits purchased and the ability of any member of the retirement system to purchase retirement credits, but excluding all information regarding the medical condition of any person and all information identifying the member’s designated beneficiary or beneficiaries unless and until the member’s designated beneficiary or beneficiaries have received or are receiving pension and/or retirement benefits through the retirement system.
(B) Trade secrets and commercial or financial information obtained from a person, firm, or corporation that is of a privileged or confidential nature.
(C) Child custody and adoption records, records of illegitimate births, and records of juvenile proceedings before the family court.
(D) All records maintained by law enforcement agencies for criminal law enforcement and all records relating to the detection and investigation of crime, including those maintained on any individual or compiled in the course of a criminal investigation by any law enforcement agency. Provided, however, such records shall not be deemed public only to the extent that the disclosure of the records or information (a) Could reasonably be expected to interfere with investigations of criminal activity or with enforcement proceedings; (b) Would deprive a person of a right to a fair trial or an impartial adjudication; (c) Could reasonably be expected to constitute an unwarranted invasion of personal privacy; (d) Could reasonably be expected to disclose the identity of a confidential source, including a state, local, or foreign agency or authority, or any private institution that furnished information on a confidential basis, or the information furnished by a confidential source; (e) Would disclose techniques and procedures for law enforcement investigations or prosecutions, or would disclose guidelines for law enforcement investigations or prosecutions; or
(f) Could reasonably be expected to endanger the life or physical safety of any individual. Records relating to management and direction of a law enforcement agency and records or reports reflecting the initial arrest of an adult and the charge or charges brought against an adult shall be public.
(E) Any records that would not be available by law or rule of court to an opposing party in litigation.
(F) Scientific and technological secrets and the security plans of military and law enforcement agencies, the disclosure of which would endanger the public welfare and security.
(G) Any records that disclose the identity of the contributor of a bona fide and lawful charitable contribution to the public body whenever public anonymity has been requested of the public body with respect to the contribution by the contributor.
(H) Reports and statements of strategy or negotiation involving labor negotiations or collective bargaining.
(I) Reports and statements of strategy or negotiation with respect to the investment or borrowing of public funds, until such time as those transactions are entered into.
(J) Any minutes of a meeting of a public body that are not required to be disclosed pursuant to chapter 46 of title 42.
(K) Preliminary drafts, notes, impressions, memoranda, working papers, and work products, including those involving research at state institutions of higher education on commercial, scientific, artistic, technical, or scholarly issues, whether in electronic or other format; provided, however, any documents submitted at a public meeting of a public body shall be deemed public.
(L) Test questions, scoring keys, and other examination data used to administer a licensing examination, examination for employment or promotion, or academic examinations; provided, however, that a person shall have the right to review the results of his or her examination.
(M) Correspondence of or to elected officials with or relating to those they represent and correspondence of or to elected officials in their official capacities.
(N) The contents of real estate appraisals, engineering, or feasibility estimates and evaluations made for or by an agency relative to the acquisition of property or to prospective public supply and construction contracts, until such time as all of the property has been acquired or all proceedings or transactions have been terminated or abandoned; provided the law of eminent domain shall not be affected by this provision.
(O) All tax returns.
(P) All investigatory records of public bodies, with the exception of law enforcement agencies, pertaining to possible violations of statute, rule, or regulation other than records of final actions taken, provided that all records prior to formal notification of violations or noncompliance shall not be deemed to be public.
(Q) Records of individual test scores on professional certification and licensing examinations; provided, however, that a person shall have the right to review the results of his or her examination.
(R) Requests for advisory opinions until such time as the public body issues its opinion.
(S) Records, reports, opinions, information, and statements required to be kept confidential by federal law or regulation or state law or rule of court.
(T) Judicial bodies are included in the definition only in respect to their administrative function provided that records kept pursuant to the provisions of chapter 16 of title 8 are exempt from the operation of this chapter.
(U) Library records that, by themselves or when examined with other public records, would reveal the identity of the library user requesting, checking out, or using any library materials.
(V) Printouts from TELE — TEXT devices used by people who are deaf or hard of hearing or speech impaired.
(W) All records received by the insurance division of the department of business regulation from other states, either directly or through the National Association of Insurance Commissioners, if those records are accorded confidential treatment in that state. Nothing contained in this title or any other provision of law shall prevent or be construed as prohibiting the commissioner of insurance from disclosing otherwise confidential information to the insurance department of this or any other state or country, at any time, so long as the agency or office receiving the records agrees in writing to hold it confidential in a manner consistent with the laws of this state.
(X) Credit card account numbers in the possession of state or local government are confidential and shall not be deemed public records.
(Y) Any documentary material, answers to written interrogatories, or oral testimony provided under any subpoena issued under § 9-1.1-6.
(Z) Any individually identifiable evaluations of public school employees made pursuant to state or federal law or regulation.
(AA) All documents prepared by school districts intended to be used by school districts in protecting the safety of their students from potential and actual threats.
(BB) The list of teachers terminated for good and just cause maintained by the department of education pursuant to § 16-13-9.
(CC) All documents, records, and any records of proceedings generated pursuant to any appeal brought under § 11-47-18.1, before a licensing authority, the department of attorney general or the superior court.
SECTION 4. This act shall take effect upon passage.
