2014 -- H 7942

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LC004922

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2014

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A N   A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT - OPEN MEETINGS

     Introduced By: Representatives Carnevale, Williams, Almeida, DeSimone, and Diaz

     Date Introduced: March 13, 2014

     Referred To: House Judiciary

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 42-46-2 of the General Laws in Chapter 42-46 entitled "Open

Meetings" is hereby amended to read as follows:

     42-46-2. Definitions. -- As used in this chapter:

      (1) "Meeting" means the convening of a public body to discuss and/or act upon a matter

over which the public body has supervision, control, jurisdiction, or advisory power. As used

herein, the term "meeting" expressly includes, without limiting the generality of the foregoing,

so-called "workshop," "working," or "work" sessions., except with respect to libraries the term

"meeting" shall apply only to meetings of the board of directors.

      (2) "Open call" means a public announcement by the chairperson of the committee that

the meeting is going to be held in executive session and the chairperson must indicate which

exception of section 42-46-5 is being involved.

      (3) "Public body" means any department, agency, commission, committee, board,

council, bureau, or authority or any subdivision thereof of state or municipal government or any

library that funded at least twenty-five percent (25%) of its operational budget in the prior budget

year with public funds, and shall include all authorities defined in section 42-35-1(b). For

purposes of this section, any political party, organization, or unit thereof meeting or convening is

not and should not be considered to be a public body; provided, however, that no such meeting

shall be used to circumvent the requirements of this chapter.

      (4) "Quorum", unless otherwise defined by applicable law, means a simple majority of

the membership of a public body.

      (5) "Prevailing plaintiff" includes those persons and entities deemed "prevailing parties"

pursuant to 42 U.S.C. section 1988.

      (6) "Open forum" means the designated portion of an open meeting, if any, on a properly

posted notice reserved for citizens to address comments to a public body relating to matters

affecting the public business.

     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT - OPEN MEETINGS

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     This act would provide for that purposes of the open meetings law the term "meeting"

would refer to meetings of a library's board of directors only.

     This act would take effect upon passage.

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