2013 -- H 5179

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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: Representatives Ackerman, O`Grady, Valencia, Newberry, and Tomasso

     Date Introduced: January 29, 2013

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

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

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

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

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

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earlier, except where the disclosure would be inconsistent with sections 42-46-4 and 42-46-5 or

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where the public body by majority vote extends the time period for the filing of the minutes and

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publicly states the reason.

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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 shall keep official and/or approved

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

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the secretary of state for inspection by the public within thirty-five (35) days of the meeting;

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provided that this subsection shall not apply to public bodies whose responsibilities are solely

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advisory in nature.

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      (e) All minutes required by this section to be filed with the secretary of state shall be

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electronically transmitted to the secretary of state in accordance with rules and regulations which

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shall be promulgated by the secretary of state. This requirement of the electronic transmission and

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filing of minutes with the secretary of state shall take effect one year after this subsection takes

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effect. If a public body fails to transmit minutes in accordance with this subsection, then any

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aggrieved person may file a complaint with the attorney general in accordance with section 42-

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46-8.

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     (f) All independent fire districts shall post the draft minutes of their meetings on either

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their own district/department website or the local municipal website, and if these websites are not

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available then on the secretary of state's website. These minutes shall be posted within twenty-one

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(21) days of the meeting or seven (7) days before the next regularly scheduled meeting,

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whichever is earlier.

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     SECTION 2. This act shall take effect upon passage.

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LC00629

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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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their own district/department website or the local municipal website or on the website of the

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secretary of state.

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     This act would take effect upon passage.

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LC00629

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