2023 -- H 5184

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2023

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A N   A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT -- OPEN MEETINGS

     Introduced By: Representative Joseph M. McNamara

     Date Introduced: January 19, 2023

     Referred To: House State Government & Elections

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 42-46-6 of the General Laws in Chapter 42-46 entitled "Open

Meetings" is hereby amended to read as follows:

     42-46-6. Notice.

     (a) All public bodies shall give written notice of their regularly scheduled meetings at the

beginning of each calendar year. The notice shall include the dates, times, and places of the

meetings and shall be provided to members of the public upon request and to the secretary of state

at the beginning of each calendar year in accordance with subsection (f).

     (b) Public bodies shall give supplemental written public notice of any meeting within a

minimum of forty-eight (48) hours, excluding weekends and state holidays in the count of hours,

before the date. This notice shall include the date the notice was posted; the date, time, and place

of the meeting; and a statement specifying the nature of the business to be discussed. Copies of the

notice shall be maintained by the public body for a minimum of one year. Nothing contained herein

shall prevent a public body, other than a school committee, from adding additional items to the

agenda by majority vote of the members. School committees may, however, add items for

informational purposes only, pursuant to a request, submitted in writing, by a member of the public

during the public comment session of the school committee’s meetings. Said informational items

may not be voted upon unless they have been posted in accordance with the provisions of this

section. Such additional items shall be for informational purposes only and may not be voted on

except where necessary to address an unexpected occurrence that requires immediate action to

protect the public or to refer the matter to an appropriate committee or to another body or official.

     (c) Written public notice shall include, but need not be limited to, posting a copy of the

notice at the principal office of the public body holding the meeting, or if no principal office exists,

at the building in which the meeting is to be held, and in at least one other prominent place within

the governmental unit, and electronic filing of the notice with the secretary of state pursuant to

subsection (f); however, nothing contained herein shall prevent a public body from holding an

emergency meeting, upon an affirmative vote of the majority of the members of the body when the

meeting is deemed necessary to address an unexpected occurrence that requires immediate action

to protect the public. If an emergency meeting is called, a meeting notice and agenda shall be posted

as soon as practicable and shall be electronically filed with the secretary of state pursuant to

subsection (f) and, upon meeting, the public body shall state for the record and minutes why the

matter must be addressed in less than forty-eight (48) hours in accordance with subsection (b) of

this section and only discuss the issue or issues that created the need for an emergency meeting.

Nothing contained herein shall be used in the circumvention of the spirit and requirements of this

chapter.

     (d) Nothing within this chapter shall prohibit any public body, or the members thereof,

from responding to comments initiated by a member of the public during a properly noticed open

forum even if the subject matter of a citizen’s comments or discussions were not previously posted,

provided such matters shall be for informational purposes only and may not be voted on except

where necessary to address an unexpected occurrence that requires immediate action to protect the

public or to refer the matter to an appropriate committee or to another body or official. Nothing

contained in this chapter requires any public body to hold an open-forum session to entertain or

respond to any topic which is not a topic on the meeting notice previously posted nor does it prohibit

any public body from limiting comment on any topic which is not a topic on the meeting notice

previously posted at such an open-forum session. If a subject matter was previously posted, the

public body shall allow citizens to comment on that matter at that public meeting even if the posted

subject matter is withdrawn or held over for vote at a future meeting of that public body. No public

body, or the members thereof, may use this section to circumvent the spirit or requirements of this

chapter.

     (e) A school committee may add agenda items not appearing in the published notice

required by this section under the following conditions:

     (1) The revised agenda is electronically filed with the secretary of state pursuant to

subsection (f), and is posted on the school district’s website and the two (2) public locations

required by this section at least forty-eight (48) hours in advance of the meeting in accordance with

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subsection (b) of this section;

     (2) The new agenda items were unexpected and could not have been added in time for

newspaper publication;

     (3) Upon meeting, the public body states for the record and minutes why the agenda items

could not have been added in time for newspaper publication and need to be addressed at the

meeting;

     (4) A formal process is available to provide timely notice of the revised agenda to any

person who has requested that notice, and the school district has taken reasonable steps to make the

public aware of this process; and

     (5) The published notice shall include a statement that any changes in the agenda will be

posted on the school district’s website and the two (2) public locations required by this section and

will be electronically filed with the secretary of state at least forty-eight (48) hours in advance of

the meeting in accordance with subsection (b) of this section.

     (f) All notices 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 that shall

be promulgated by the secretary of state. This requirement of the electronic transmission and filing

of notices with the secretary of state shall take effect one year after this subsection takes effect.

     (g) If a public body fails to transmit notices in accordance with this section, 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

***

     This act would provide that public bodies not be required to hold open-forum sessions on

any topic not on the meeting notice and would limit comment on any topic not previously posted.

     This act would take effect upon passage.

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