§ 28-8-116 — Confidential communications

(a) Except as otherwise provided in subsection (d) of this
section and unless the privilege is waived by the individual
legislator involved, the following shall be deemed confidential
and privileged:
(i) Communications between a legislator and
legislative staff relating to:
(A) A request for research or advice on a
legislative issue;
(B) A request for the drafting of legislation or
amendments to legislation;
(C) Any matter under consideration by a
legislative committee other than communications made publicly to
legislative staff in a public meeting of the committee;
(D) Development of a legislator's position on
legislation or discussion of any matter arising out of or
relating to the deliberative process of the legislature.
(ii) All documents and electronic records, including
but not limited to correspondence, e-mail, notes, memoranda and
preliminary or final drafts, received by a legislator or
legislative staff or prepared or assembled by a legislator or
legislative staff in regard to a communication under paragraph
(a)(i) of this section, other than a version of a bill or
amendment approved for introduction;
(iii) Communications between a legislator and a
contractor or consultant retained by the legislature other than
communications made publicly in a public meeting.
(b) Private communications of or to a legislator in his
official capacity including but not limited to communications
with constituents are confidential until otherwise disclosed by
the legislator or the individual who is party to the
communication.
(c) As used in this section, "legislative staff" means the
staff of the legislative service office, session staff employed
by the legislature and legislative interns and aides.
(d) The recording or broadcast of a communication made by
a legislator or legislative staff which would otherwise be
confidential and privileged under this section shall not be
deemed confidential and privileged to the extent that the
communication is audible on the official legislative service
office recording or broadcast of a public meeting of management
council, the joint appropriations committee, the management
audit committee, a joint interim committee, select committee or
task force. Nothing in this subsection shall be deemed to waive
the privilege for any communication or portion of a
communication that is not audible on the recording or broadcast.