2013 -- S 1025

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LC02870

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2013

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A N A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT

     Introduced By: Senator Ryan W. Pearson

     Date Introduced: June 25, 2013

     Referred To: Senate Judiciary

It is enacted by the General Assembly as follows:

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     SECTION 1. Section 42-46-7 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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     42-46-7. Minutes. -- (a) All public bodies shall keep written minutes of all their

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

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

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

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

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

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

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

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

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

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

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

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

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42-46-5 or where the public body by majority vote extends the time period for the filing of the

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minutes and publicly states the reason.

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

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

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

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a paid department or not, shall post unofficial minutes of their meetings within twenty-one (21)

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days of the meeting, but not later than seven (7) days prior to the next regularly scheduled

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

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

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

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sections 42-46-4 and 42-46-5.

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

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

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

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

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

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to public bodies whose responsibilities are solely advisory in nature.

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

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

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rules and regulations which shall be promulgated by the secretary of state. This requirement of

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the electronic transmission and filing of minutes with the secretary of state shall take effect one

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year after this subsection takes effect. If a public body fails to transmit minutes or unofficial

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minutes in accordance with this subsection, then any aggrieved person may file a complaint with

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the attorney general in accordance with section 42-46-8.

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     SECTION 2. This act shall take effect upon passage.

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LC02870

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT

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     This act would require independent fire districts to post draft minutes of their meetings on

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the secretary of state's website.

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     This act would take effect upon passage.

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LC02870

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