2024 -- S 2426 | |
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LC003883 | |
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STATE OF RHODE ISLAND | |
IN GENERAL ASSEMBLY | |
JANUARY SESSION, A.D. 2024 | |
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A N A C T | |
RELATING TO STATE AFFAIRS AND GOVERNMENT -- OPEN MEETINGS | |
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Introduced By: Senators Felag, and DiPalma | |
Date Introduced: February 12, 2024 | |
Referred To: Senate Judiciary | |
It is enacted by the General Assembly as follows: | |
1 | SECTION 1. Section 42-46-6 of the General Laws in Chapter 42-46 entitled "Open |
2 | Meetings" is hereby amended to read as follows: |
3 | 42-46-6. Notice. |
4 | (a) All public bodies shall give written notice of their regularly scheduled meetings at the |
5 | beginning of each calendar year. The notice shall include the dates, times, and places of the |
6 | meetings and shall be provided to members of the public upon request and to the secretary of state |
7 | at the beginning of each calendar year in accordance with subsection (f). |
8 | (b) Public bodies shall give supplemental written public notice of any meeting within a |
9 | minimum of forty-eight (48) hours, excluding weekends and state holidays in the count of hours, |
10 | before the date. This notice shall include the date the notice was posted; the date, time, and place |
11 | of the meeting; and a statement specifying the nature of the business to be discussed. Copies of the |
12 | notice shall be maintained by the public body for a minimum of one year. Nothing contained herein |
13 | shall prevent a public body, other than a school committee, from adding additional items to the |
14 | agenda by majority vote of the members. School committees may, however, add items for |
15 | informational purposes only, pursuant to a request, submitted in writing, by a member of the public |
16 | during the public comment session of the school committee’s meetings. Said informational items |
17 | may not be voted upon unless they have been posted in accordance with the provisions of this |
18 | section. Such additional items shall be for informational purposes only and may not be voted on |
19 | except where necessary to address an unexpected occurrence that requires immediate action to |
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1 | protect the public or to refer the matter to an appropriate committee or to another body or official. |
2 | (c) Written public notice shall include, but need not be limited to, posting a copy of the |
3 | notice at the principal office of the public body holding the meeting, or if no principal office exists, |
4 | at the building in which the meeting is to be held, and in at least one other prominent place within |
5 | the governmental unit, and electronic filing of the notice with the secretary of state pursuant to |
6 | subsection (f); however, nothing contained herein shall prevent a public body from holding an |
7 | emergency meeting, upon an affirmative vote of the majority of the members of the body when the |
8 | meeting is deemed necessary to address an unexpected occurrence that requires immediate action |
9 | to protect the public. If an emergency meeting is called, a meeting notice and agenda shall be posted |
10 | as soon as practicable and shall be electronically filed with the secretary of state pursuant to |
11 | subsection (f) and, upon meeting, the public body shall state for the record and minutes why the |
12 | matter must be addressed in less than forty-eight (48) hours in accordance with subsection (b) of |
13 | this section and only discuss the issue or issues that created the need for an emergency meeting. |
14 | Nothing contained herein shall be used in the circumvention of the spirit and requirements of this |
15 | chapter. |
16 | (d) Nothing within this chapter shall prohibit any public body, or the members thereof, |
17 | from responding to comments initiated by a member of the public during a properly noticed open |
18 | forum even if the subject matter of a citizen’s comments or discussions were not previously posted, |
19 | provided such matters shall be for informational purposes only and may not be voted on except |
20 | where necessary to address an unexpected occurrence that requires immediate action to protect the |
21 | public or to refer the matter to an appropriate committee or to another body or official. Nothing |
22 | contained in this chapter requires any public body to hold an open-forum session to entertain or |
23 | respond to any topic nor does it prohibit any public body from limiting comment on any topic at |
24 | such an open-forum session. No public body, or the members thereof, may use this section to |
25 | circumvent the spirit or requirements of this chapter. |
26 | (e) A school committee may add agenda items not appearing in the published notice |
27 | required by this section when the item(s) added are for the purposes of discussion only and not for |
28 | the purpose of voting upon that item(s), under the following conditions: |
29 | (1) The revised agenda is electronically filed with the secretary of state pursuant to |
30 | subsection (f), and is posted on the school district’s website and the two (2) public locations |
31 | required by this section at least forty-eight (48) hours in advance of the meeting in accordance with |
32 | subsection (b) of this section; |
33 | (2) The new agenda items were unexpected and could not have been added in time for |
34 | newspaper publication; |
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1 | (3) Upon meeting, the public body states for the record and minutes why the agenda items |
2 | could not have been added in time for newspaper publication and need to be addressed at the |
3 | meeting; |
4 | (4) A formal process is available to provide timely notice of the revised agenda to any |
5 | person who has requested that notice, and the school district has taken reasonable steps to make the |
6 | public aware of this process; and |
7 | (5) The published notice shall include a statement that any changes in the agenda will be |
8 | posted on the school district’s website and the two (2) public locations required by this section and |
9 | will be electronically filed with the secretary of state at least forty-eight (48) hours in advance of |
10 | the meeting in accordance with subsection (b) of this section. |
11 | (f) All notices required by this section to be filed with the secretary of state shall be |
12 | electronically transmitted to the secretary of state in accordance with rules and regulations that shall |
13 | be promulgated by the secretary of state. This requirement of the electronic transmission and filing |
14 | of notices with the secretary of state shall take effect one year after this subsection takes effect. |
15 | (g) If a public body fails to transmit notices in accordance with this section, then any |
16 | aggrieved person may file a complaint with the attorney general in accordance with § 42-46-8. |
17 | 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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1 | This act would allow school committees to add item(s) not appearing in the published |
2 | notice to their agendas for the purposes of discussion only if the revised agenda is filed with the |
3 | secretary of state and posted on the district website at least forty-eight (48) hours in advance of the |
4 | meeting. |
5 | This act would take effect upon passage. |
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