2021 -- H 5032

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2021

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A N   A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT -- OPEN MEETINGS

     Introduced By: Representative Brian C. Newberry

     Date Introduced: January 15, 2021

     Referred To: House Judiciary

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 42-46-4 of the General Laws in Chapter 42-46 entitled "Open

Meetings" is hereby amended to read as follows:

     42-46-4. Closed meetings.

     (a) By open call, a public body may hold a meeting closed to the public upon an affirmative

vote of the majority of its members. A meeting closed to the public shall be limited to matters

allowed to be exempted from discussion at open meetings by § 42-46-5. The vote of each member

on the question of holding a meeting closed to the public and the reason for holding a closed

meeting, by a citation to a subdivision of § 42-46-5(a), and a statement specifying the nature of the

business to be discussed, shall be recorded and entered into the minutes of the meeting. No public

body shall discuss in closed session any public matter which does not fall within the citations to §

42-46-5(a) referred to by the public body in voting to close the meeting, even if these discussions

could otherwise be closed to the public under this chapter.

     (b) All votes taken in closed sessions shall be disclosed once the session is reopened;

provided, however, a vote taken in a closed session need not be disclosed for the period of time

during which its disclosure would jeopardize any strategy, negotiation or investigation undertaken

pursuant to discussions conducted under § 42-46-5(a).

     (c) A meeting closed to the public shall be recorded by audiotape or other audio recording

device, and this audiotape or other audio recording shall not be considered a public record as

defined in chapter 2 of title 38.

     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 require that all meetings closed to the public be recorded by audio tape or

other audio recording device.

     This act would take effect upon passage.

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