2016 -- H 7331

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LC003602

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2016

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A N   A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT -- OPEN MEETINGS

     Introduced By: Representatives Gallison, Marshall, Azzinaro, Ruggiero, and Fogarty

     Date Introduced: January 27, 2016

     Referred To: House Judiciary

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 42-46-7 of the General Laws in Chapter 42-46 entitled "Open

Meetings" is hereby amended to read as follows:

     42-46-7. Minutes. -- (a) All public bodies shall keep written minutes of all their

meetings. The minutes shall include, but need not be limited to:

      (1) The date, time, and place of the meeting;

      (2) The members of the public body recorded as either present or absent;

      (3) A record by individual members of any vote taken; and

      (4) Any other information relevant to the business of the public body that any member of

the public body requests be included or reflected in the minutes.

      (b) (1) A record of all votes taken at all meetings of public bodies, listing how each

member voted on each issue, shall be a public record and shall be available, to the public at the

office of the public body, within two (2) weeks of the date of the vote. The minutes shall be

public records and unofficial minutes shall be available, to the public at the office of the public

body, within thirty-five (35) days of the meeting or at the next regularly scheduled meeting,

whichever is earlier, except where the disclosure would be inconsistent with §§ 42-46-4 and 42-

46-5 or where the public body by majority vote extends the time period for the filing of the

minutes and publicly states the reason.

      (2) In addition to the provisions of subdivision (b)(1), all volunteer fire companies,

associations, fire district companies districts, or any other organization currently engaged in the

mission of extinguishing fires and preventing fire hazards, whether it is incorporated or not, and

whether it is a paid department or not, shall post unofficial minutes of their meetings within

twenty-one (21) days of the meeting, but not later than seven (7) days prior to the next regularly

scheduled meeting, whichever is earlier, on the secretary of state's website. Provided, however,

that the provisions of this section shall not apply to any fire entity that does not have the authority

to tax, make public policy, or any combination thereof.

      (c) The minutes of a closed session shall be made available at the next regularly

scheduled meeting unless the majority of the body votes to keep the minutes closed pursuant to

§§ 42-46-4 and 42-46-5.

      (d) All public bodies within the executive branch of the state government and all state

public and quasi-public boards, agencies and corporations, and those public bodies set forth in

subdivision (b)(2), shall keep official and/or approved minutes of all meetings of the body and

shall file a copy of the minutes of all open meetings with the secretary of state for inspection by

the public within thirty-five (35) days of the meeting; provided that this subsection shall not apply

to public bodies whose responsibilities are solely advisory in nature.

      (e) All minutes and unofficial minutes required by this section to be filed with the

secretary of state shall be electronically transmitted to the secretary of state in accordance with

rules and regulations which shall be promulgated by the secretary of state. If a public body fails to

transmit minutes or unofficial minutes in accordance with this subsection, then any aggrieved

person may file a complaint with the attorney general in accordance with § 42-46-8.

     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 exempt fire companies with no tax and/or policy making authority from

certain posting requirements of the open meetings act.

     This act would take effect upon passage.

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LC003602

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