2015 -- H 5307

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2015

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A N   A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT -- OPEN MEETINGS

     

     Introduced By: Representatives Gallison, Malik, Marshall, Winfield, and Keable

     Date Introduced: February 05, 2015

     Referred To: House 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 §§ 42-46-4 and 42-

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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 districts, or any other organization currently engaged in the

 

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

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

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

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

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

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

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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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§§ 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. If a public body fails to

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

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

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     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

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certain posting requirements of the open meetings act.

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     This act would take effect upon passage.

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