Chapter 129

2007 -- S 0206 SUBSTITUTE A

Enacted 06/27/07

A N A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT -- OPEN MEETINGS

Introduced By: Senators Perry, Pichardo, Metts, Goodwin, and Miller

Date Introduced: January 31, 2007

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:

      (a) "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" shall expressly include, without limiting the generality of the

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

      (b) "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 section 42-46-5 is being involved.

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

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

library that funded a at least majority twenty-five percent (25%) of its operational budget in the

prior budget year with public funds, and shall include all authorities defined in section 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.

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

the membership of a public body.

      (e) "Prevailing plaintiff" shall include those persons and entities deemed "prevailing

parties" pursuant to 42 U.S.C. section 1988.

      (f) "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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LC00782/SUB A

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