2017 -- H 5954

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LC002091

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2017

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A N   A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT - PROTECTION OF

INFORMATION SYSTEMS ACT

     

     Introduced By: Representatives Ucci, Corvese, Winfield, Mendonca, and Fogarty

     Date Introduced: March 17, 2017

     Referred To: House Finance

     It is enacted by the General Assembly as follows:

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     SECTION 1. TITLE 42 of the General Laws entitled "STATE AFFAIRS AND

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GOVERNMENT" is hereby amended by adding thereto the following chapter:

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CHAPTER 159

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Protection of Information Systems Act

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     42-159-1. Short title.

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     This chapter shall be known and may be cited as the "Protection of Information Systems

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Act".

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     42-159-2. Compliance.

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     All departments of state government as well as municipalities and quasi-public

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corporations shall protect information systems that they own, use, or otherwise store information

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on, by adopting and implementing specific standards and procedures that are in compliance with

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the criteria as set forth in the United States Department of Commerce, National Institute of

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Standards and Technology (NIST) Special Publication 800-171. Compliance shall be completed

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within eighteen (18) months of the enactment of this section. Provided further, discussion and

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activity pursuant to this section shall not be subject to chapter 46 of title 42, pertaining to open

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meetings.

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     SECTION 2. Section 42-46-5 of the General Laws in Chapter 42-46 entitled "Open

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Meetings" is hereby amended to read as follows:

 

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     42-46-5. Purposes for which meeting may be closed -- Use of electronic

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communications -- Judicial proceedings -- Disruptive conduct.

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     (a) A public body may hold a meeting closed to the public pursuant to § 42-46-4 for one

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or more of the following purposes:

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     (1) Any discussions of the job performance, character, or physical or mental health of a

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person or persons provided that such person or persons affected shall have been notified in

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advance in writing and advised that they may require that the discussion be held at an open

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meeting.

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     Failure to provide such notification shall render any action taken against the person or

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persons affected null and void. Before going into a closed meeting pursuant to this subsection, the

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public body shall state for the record that any persons to be discussed have been so notified and

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this statement shall be noted in the minutes of the meeting.

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     (2) Sessions pertaining to collective bargaining or litigation, or work sessions pertaining

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to collective bargaining or litigation.

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     (3) Discussion regarding the matter of security including, but not limited to, the

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deployment of security personnel or devices.

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     (4) Any investigative proceedings regarding allegations of misconduct, either civil or

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criminal.

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     (5) Any discussions or considerations related to the acquisition or lease of real property

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for public purposes, or of the disposition of publicly held property wherein advanced public

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information would be detrimental to the interest of the public.

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     (6) Any discussions related to or concerning a prospective business or industry locating

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in the state of Rhode Island when an open meeting would have a detrimental effect on the interest

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of the public.

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     (7) A matter related to the question of the investment of public funds where the

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premature disclosure would adversely affect the public interest. Public funds shall include any

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investment plan or matter related thereto, including, but not limited to, state lottery plans for new

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promotions.

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     (8) Any executive sessions of a local school committee exclusively for the purposes: (i)

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of conducting student disciplinary hearings; or (ii) of reviewing other matters which relate to the

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privacy of students and their records, including all hearings of the various juvenile hearing boards

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of any municipality; provided, however, that any affected student shall have been notified in

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advance in writing and advised that he or she may require that the discussion be held in an open

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meeting.

 

LC002091 - Page 2 of 5

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     Failure to provide such notification shall render any action taken against the student or

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students affected null and void. Before going into a closed meeting pursuant to this subsection,

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the public body shall state for the record that any students to be discussed have been so notified

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and this statement shall be noted in the minutes of the meeting.

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     (9) Any hearings on, or discussions of, a grievance filed pursuant to a collective

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bargaining agreement.

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     (10) Any discussion of the personal finances of a prospective donor to a library.

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     (11) Any discussion or activity undertaken by a public body pursuant to §42-159-2.

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     (b) No meeting of members of a public body or use of electronic communication,

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including telephonic communication and telephone conferencing, shall be used to circumvent the

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spirit or requirements of this chapter; provided, however, these meetings and discussions are not

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prohibited.

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     (1) Provided, further however, that discussions of a public body via electronic

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communication, including telephonic communication and telephone conferencing, shall be

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permitted only to schedule a meeting.

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     (2) Provided, further however, that a member of a public body may participate by use of

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electronic communication or telephone communication while on active duty in the armed services

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of the United States.

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     (3) Provided, further however, that a member of that public body, who has a disability as

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defined in chapter 87 of title 42 and:

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     (i) Cannot attend meetings of that public body solely by reason of his or her disability;

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and

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     (ii) Cannot otherwise participate in the meeting without the use of electronic

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communication or telephone communication as reasonable accommodation, may participate by

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use of electronic communication or telephone communication in accordance with the process

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below.

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     (4) The governor's commission on disabilities is authorized and directed to:

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     (i) Establish rules and regulations for determining whether a member of a public body is

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not otherwise able to participate in meetings of that public body without the use of electronic

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communication or telephone communication as a reasonable accommodation due to that

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member's disability;

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     (ii) Grant a waiver that allows a member to participate by electronic communication or

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telephone communication only if the member's disability would prevent him/her from being

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physically present at the meeting location, and the use of such communication is the only

 

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reasonable accommodation; and

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     (iii) Any waiver decisions shall be a matter of public record.

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     (c) This chapter shall not apply to proceedings of the judicial branch of state government

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or probate court or municipal court proceedings in any city or town.

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     (d) This chapter shall not prohibit the removal of any person who willfully disrupts a

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meeting to the extent that orderly conduct of the meeting is seriously compromised.

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     SECTION 3. 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 - PROTECTION OF

INFORMATION SYSTEMS ACT

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     This act would require all state, municipal and quasi-public departments to protect

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information contained in their computer systems by complying with the criteria set forth in a

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publication (800-171) put out by the US Department of Commerce's National Institute of

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Standards and Technology (NIST). It gives the departments 18 months after passage of the act to

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comply. Also in furtherance of this end, the act would exempt all discussion and activity from

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the open meetings law.

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     This act would take effect upon passage.

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