2019 -- H 5355

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LC001345

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2019

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A N   A C T

     RELATING TO STATE AFFAIRS AND GOVERNMENT - OPEN MEETINGS

     Introduced By: Representatives Williams, Ajello, and Almeida

     Date Introduced: February 08, 2019

     Referred To: House Judiciary

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 42-46-2 of the General Laws in Chapter 42-46 entitled "Open

Meetings" is hereby amended to read as follows:

     42-46-2. Definitions.

     As used in this chapter:

     (1) "Meeting" means the convening of a public body to discuss and/or act upon a matter

over which the public body has supervision, control, jurisdiction, or advisory power. As used

herein, the term "meeting" expressly includes, without limiting the generality of the foregoing,

so-called "workshop," "working," or "work" sessions.

     (2) "Open call" means a public announcement by the chairperson of the committee that

the meeting is going to be held in executive session and the chairperson must indicate which

exception of § 42-46-5 is being involved.

     (3) "Public body" means any department, agency, commission, committee, board,

council, bureau, or authority or any subdivision thereof of state or municipal government or the

board of directors of any library that funded at least twenty-five percent (25%) of its operational

budget in the prior budget year with public funds, and shall include all authorities defined in § 42-

35-1(b). For purposes of this section, any political party, organization, or unit thereof meeting or

convening is not and should not be considered to be a public body; provided, however, that no

such meeting shall be used to circumvent the requirements of this chapter.

     (4) "Quorum", unless otherwise defined by applicable law, means a simple majority of

the membership of a public body.

     (5) "Prevailing plaintiff" includes those persons and entities deemed "prevailing parties"

pursuant to 42 U.S.C. § 1988.

     (6) "Open forum" means the designated portion of an open meeting, if any, on a properly

posted notice reserved for citizens to address comments to a public body relating to matters

affecting the public business.

     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 amend the definition of "public body" to include the board of directors of

any library which has funded at least twenty-five percent (25%) of its operational budget in the

prior budget year with public funds.

     This act would take effect upon passage.

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