2021 -- H 5891

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LC002033

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2021

____________

A N   A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT -- OPEN MEETINGS

     Introduced By: Representative Alex D. Marszalkowski

     Date Introduced: February 24, 2021

     Referred To: House State Government & Elections

     (Dept. of Business Regulation)

It is enacted by the General Assembly as follows:

     SECTION 1. Sections 42-46-2, 42-46-3, 42-46-5, 42-46-6 and 42-46-7 of the General

Laws in Chapter 42-46 entitled "Open Meetings" are hereby amended to read as follows:

     42-46-2. Definitions. Definitions. (Effective until July 1, 2023)

     As used in this chapter:

     (1) "Adequate, alternative means of public access" means measures that provide

transparency and permit timely and effective public access to the deliberations of the public body

to include, but not be limited to, providing public access through telephone, Internet or satellite-

enabled audio or video conferencing, livestreaming or any other technology that enables the public

to clearly follow the proceedings of the public body while those activities are occurring.

     (1)(2) "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)(3) "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)(4) "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.

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

pursuant to 42 U.S.C. § 1988.

     (5)(6) "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. 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.

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

the membership of a public body.

     42-46-3. Open meetings. Open meetings. (Effective until July 1, 2023)

     Every meeting of all public bodies shall be open to the public including through adequate

means of public access unless closed pursuant to §§ 42-46-4 and 42-46-5.

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

communications -- Judicial proceedings -- Disruptive conduct. Purposes for which meeting

may be closed -- Use of electronic communications -- Judicial proceedings -- Disruptive

conduct. (Effective until July 1, 2023)

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

or more of the following purposes:

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

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

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

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

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

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

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

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

collective bargaining or litigation.

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

of security personnel or devices.

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

criminal.

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

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

information would be detrimental to the interest of the public.

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

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

the public.

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

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

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

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

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

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

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

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

meeting.

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

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

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

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

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

agreement.

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

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

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

requirements of this chapter; provided, however, these meetings and discussions are not prohibited.

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

communication, including telephonic communication and telephone conferencing, shall be

permitted only to schedule a meeting.

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

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

of the United States.

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

defined in chapter 87 of title 42 and:

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

     (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 use

of electronic communication or telephone communication in accordance with the process below.

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

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

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

communication or telephone communication as a reasonable accommodation due to that member's

disability;

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

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

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

reasonable accommodation; and

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

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

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

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

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

     42-46-6. Notice. Notice. (Effective until July 1, 2023)

     (a) Annual meeting calendar. 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; information on how to attend the meeting remotely and/or view the livestream, if

applicable; 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

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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 nor does it prohibit any public body from limiting comment on any topic at

such an open-forum session. 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

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

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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.

     42-46-7. Minutes. Minutes. (Effective until July 1, 2023)

     (a) All public bodies shall keep written minutes of all their meetings. The minutes shall

include, but need not be limited to:

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

     (2) The members of the public body recorded as either present or absent, and for all

members of the public body who are present, record whether attendance is in person or remote via

electronic means;

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

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

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

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

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

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

unofficial minutes shall be available to the public at the office of the public body within thirty-five

(35) days of the meeting or at the next regularly scheduled meeting, whichever is earlier, except

where the disclosure would be inconsistent with §§ 42-46-4 and 42-46-5 or where the public body

by majority vote extends the time period for the filing of the minutes and publicly states the reason.

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

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

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

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

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

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

meeting unless the majority of the body votes to keep the minutes closed pursuant to §§ 42-46-4

and 42-46-5.

     (d) All public bodies shall keep official and/or approved minutes of all meetings of the

body and shall file a copy of the minutes of all open meetings with the secretary of state for

inspection by the public within thirty-five (35) days of the meeting; provided that this subsection

shall not apply to public bodies whose responsibilities are solely advisory in nature.

     (e) All minutes and unofficial minutes 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. If a public body fails to transmit

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

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

     SECTION 2. Chapter 42-46 of the General Laws entitled "Open Meetings" is hereby

amended by adding thereto the following sections:

     42-46-15. Virtual participation in open meetings by members of the public body.

(Effective until July 1, 2023).

     (a) Members of public bodies may participate in public meetings by virtual means through

telephone or audio/video conferencing and such members shall be included in the quorum.

     (b) Public bodies shall not deny any person including a member of the public body the

ability to participate remotely in a meeting for any reason.

     42-46-16. Livestreaming of meetings and virtual public access. (Effective until July 1,

2023).

     All meetings subject to this chapter, whether held as an in-person meeting, hybrid meeting

or all-virtual meeting, that are required to be public pursuant to this chapter shall be accessible to

the public through adequate, alternative means of public access, that:

     (1) Are offered to the public without subscription, toll, or similar charge to the public;

     (2) Enable the public to clearly follow the proceedings of the public body in real time;

     (3) Allow members of the public to provide live testimony or public comment through

virtual means; and

     (4) Ensure that any party entitled or required to appear before it, shall be able to do so

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remotely.

     42-46-17. Use of electronic communications by and between members of public

bodies. (Effective until July 1, 2023).

     The use of electronic communication, including telephonic, text, email, facsimile,

teleconferencing, instant messaging, social networking/media, or similar means of communications

shall not be used by any member of a public body to circumvent the spirit or requirement of this

chapter; provided, that electronic communication may be used to:

     (1) Participate in a meeting by virtual means as may be permitted by this chapter; and

     (2) Schedule a meeting or determine the availability of members of a public body for the

purpose of conducting a meeting under this chapter.

     42-46-18. Exclusion of judiciary. (Effective until July 1, 2023).

     This chapter shall not apply to proceedings of the judicial branch of state government or

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

     42-46-19. Disruptive conduct. (Effective until July 1, 2023).

     This chapter shall not prohibit the removal of any person who willfully disrupts a meeting

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

     42-46-20. Sunset.

     The provisions and requirements of §§ 42-46-2, 42-46-3, 42-46-5, 42-46-6, 42-46-7, 42-

46-15, 42-46-16, 42-46-17, 42-46-18 and 42-46-19 shall expire on July 1, 2023.

     SECTION 3. Chapter 42-46 of the General Laws entitled "Open Meetings" is hereby

amended by adding thereto the following sections:

     42-46-2.1. Definitions. (Effective July 1, 2023)

     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 invoked.

     (3) "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.

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

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pursuant to 42 U.S.C. § 1988.

     (5) "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 is 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.

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.

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

membership of a public body.

     42-46-3.1. Open meetings. (Effective July 1, 2023)

     Every meeting of all public bodies shall be open to the public unless closed pursuant to §§

42-46-4 and 42-46-5.1.

     42-46-5.1. Purposes for which meeting may be closed - Use of electronic

communications - Judicial proceedings - Disruptive conduct. (Effective July 1, 2023)

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

or more of the following purposes:

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

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

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

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

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

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

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

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

collective bargaining or litigation;

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

of security personnel or devices;

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

criminal;

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

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

information would be detrimental to the interest of the public;

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

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

the public;

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

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

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

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

     (i) Of conducting student disciplinary hearings; or

     (ii) Of reviewing other matters which relate to the privacy of students and their records,

including all hearings of the various juvenile hearing boards of any municipality; provided,

however, that any affected student shall have been notified in advance in writing and advised that

he or she may require that the discussion be held in an open meeting.

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

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

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

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

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

agreement; or

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

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

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

requirements of this chapter; provided, however, these meetings and discussions are not prohibited.

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

communication, including telephonic communication and telephone conferencing, shall be

permitted only to schedule a meeting.

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

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

of the United States.

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

defined in chapter 87 of title 42 and:

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

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

communication or telephone communication as reasonable accommodation, may participate by use

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

§ 42-46-5.1(b)(4).

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

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

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

communication or telephone communication as a reasonable accommodation due to that member's

disability;

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

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

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

reasonable accommodation; and

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

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

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

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

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

     42-46-6.1. Notice. (Effective July 1, 2023)

     (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) of this section.

     (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,

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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) of this section; 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) of this section 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 nor does it prohibit any public body from limiting comment on any topic at

such an open forum session. 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) of this section, 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 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

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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.

     42-46-7.1. Minutes. (Effective July 1, 2023)

     (a) All public bodies shall keep written minutes of all their meetings. The minutes shall

include, but need not be limited to:

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

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

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

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

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

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

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

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

unofficial minutes shall be available to the public at the office of the public body within thirty-five

(35) days of the meeting or at the next regularly scheduled meeting, whichever is earlier, except

where the disclosure would be inconsistent with §§ 42-46-4 and 42-46-5.1 or where the public body

by majority vote extends the time period for the filing of the minutes and publicly states the reason.

     (2) In addition to the provisions of subsection (b)(1) of this section, all volunteer fire

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

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

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

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

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

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

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meeting unless the majority of the body votes to keep the minutes closed pursuant to §§ 42-46-4

and 42-46-5.1.

     (d) All public bodies shall keep official and/or approved minutes of all meetings of the

body and shall file a copy of the minutes of all open meetings with the secretary of state for

inspection by the public within thirty-five (35) days of the meeting; provided, that this subsection

shall not apply to public bodies whose responsibilities are solely advisory in nature.

     (e) All minutes and unofficial minutes 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. If a public body fails to transmit

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

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

     SECTION 4. 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 amend the "open meetings act" to allow virtual meetings and participation

by electronic communication until July 1, 2023. The amendments would sunset on July 1, 2023.

The current substantive provisions of the "open meetings act" would be adopted and effective on

July 1, 2023

     This act would take effect upon passage.

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