2026 -- S 2612

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LC005274

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2026

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A N   A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT -- OPEN MEETINGS

     Introduced By: Senators Zurier, and McKenney

     Date Introduced: February 13, 2026

     Referred To: Senate Judiciary

     It is enacted by the General Assembly as follows:

     SECTION 1. Sections 42-46-2, 42-46-5, 42-46-6, 42-46-7 and 42-46-13 of the General

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

     42-46-2. Definitions.

     As used in this chapter:

     (1) Advisory body” means any department, agency, commission, committee, board,

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

like body that does not have decision-making authority and whose primary purpose is to consider

an issue or issues designated by the appointing entity so as to provide such authority with advice

or recommendations concerning the formulation of any public policy or legislation or other matter

assigned to the advisory body.

     (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.

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

communications — Judicial proceedings — Disruptive conduct.

     (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 the 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 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

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

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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 that 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 the student may require that the discussion be held in an open meeting.

     Failure to provide 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, except as provided in this subsection.

     (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 this title and:

     (i) Cannot attend meetings of that public body solely by reason of the member’s 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 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

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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 the member 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.

     (5) The university of Rhode Island board of trustees members, established pursuant to §

16-32-2, are authorized to participate remotely in open public meetings of the board; provided,

however, that:

     (i) The remote members and all persons present at the meeting location are clearly audible

and visible to each other;

     (ii) A quorum of the body is participating;

     (iii) If videoconferencing is used to conduct a meeting, the public notice for the meeting

shall inform the public that videoconferencing will be used and include instructions on how the

public can access the virtual meeting; and

     (iv) The board shall adopt rules defining the requirements of remote participation including

its use for executive session, and the conditions by which a member is authorized to participate

remotely. Notwithstanding the provisions of this chapter, members of an advisory body defined in

§ 42-46-2(1) may participate in a public meeting using videoconferencing; provided, however, that:

     (i) The public body shall provide members of the public with the opportunity to attend the

public meeting contemporaneously using the platform for videoconferencing when any member or

members of the public body participate using videoconferencing;

     (ii) The videoconferencing platform provided to members of the public shall be without

subscription, toll, or similar charge to join the public meeting;

     (iii) If the public body by practice, statute, ordinance, or policy, provides an opportunity

for members of the public in attendance to provide input during the public meeting, an effective

means of communication between all members of the public body and all members of the public in

attendance, either in person or by videoconferencing, shall be provided;

     (iv) Notice of the meeting shall be provided in accordance with § 42-46-6. Such notice

shall also include;

     (A) What members of the public body will be participating by videoconferencing;

     (B) Instructions for the public to attend and participate in the meeting by means of

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videoconferencing pursuant to subsection (b)(5)(ii) of this section; and

     (C) A valid online link or an email address where a member of the public can request and

obtain a link to a recording of the meeting pursuant to subsection (b)(5)(x) of this section;

     (v) A member of the public body who participates in a meeting using videoconferencing

shall not be deemed present for purposes of a quorum or voting if the member is not visually present

on camera;

     (vi) A member of the public body who participates in a public meeting using

videoconferencing shall:

     (A) Identify themselves when the meeting is convened; and

     (B) Be able to hear the conduct of the meeting and be heard throughout the meeting;

     (vii) All non-unanimous votes taken during a public meeting with members participating

using videoconferencing shall be taken by roll call;

     (viii) If a quorum of the members of a public body are participating using

videoconferencing from the same physical location, members of the public shall be allowed to

attend the meeting at the physical location;

     (ix) Whenever a public meeting being conducted with members of the public body

participating using videoconferencing is interrupted by the more than momentary failure,

disconnection or in the chair’s determination, unacceptable degradation of the videoconferencing

technology, the meeting shall adjourn;

     (x) If any members of the public body participate using videoconferencing, the public body

shall ensure that the meeting is recorded, and make a recording of the meeting available online

within twenty-four (24) hours of adjournment of the meeting, excepting weekends and holidays,

and retain a link to the recording on a public website for public inspection, without subscription,

toll, or similar charge, for a period of five (5) years; and

     (xi) When using videoconferencing technology, the public body shall comply with

nondiscrimination on the basis of disability requirements of Rhode Island Constitution article I

section 2 and applicable federal and state nondiscrimination laws to include 29 U.S.C. § 794,

chapter 87 of this title, and chapter 24 of title 11. Public bodies shall adopt procedures for requesting

reasonable accommodations and provide information about that procedure on its published

agendas.

     (6) The Rhode Island Life Science Hub board of directors, established pursuant to § 23-

99-4, is authorized to participate remotely in open public meetings of the board, in accordance with

the provisions of § 23-99-4(c). The University of Rhode Island board of trustees members and the

Rhode Island Life Sciences Hub board of directors are authorized to participate in public meetings

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of those bodies using videoconferencing pursuant to the requirements set forth in § 42-46-5(b)(5).

     (7) Effective January 1, 2027, all city and town councils and school boards and committees

shall provide a livestream of their meetings; provided, however, that:

     (i) The livestream shall be without subscription, toll, or similar charge to join the public

meeting;

     (ii) Notice of the meeting shall be provided in accordance with § 42-46-6. Such notice shall

also include a link to the livestream, and a valid online link or an email address where a member

of the public can request and obtain a link to a recording of the meeting pursuant to subsection

(b)(7)(iii) of this section;

     (iii) The public body shall ensure that the livestream of the meeting is recorded, and make

a recording of the meeting available online within twenty-four (24) hours of adjournment of the

meeting, excepting weekends and holidays, and retain a link to the recording on a public website

for public inspection, without subscription, toll, or similar charge, for a period of five (5) years;

and

     (iv) Nothing contained in this subsection shall allow members of said bodies to participate

using electronic communication or telephone communication, except as prescribed by § 42-46-

5(b)(1) through (4).

     (8)(i) Effective January 1, 2028, all city and town councils and school boards and

committees that by practice, statute, ordinance, or policy, provide an opportunity for members of

the public in attendance to provide input during the public meeting, shall also provide an effective

means of participation by members of the public by videoconferencing.

     (ii) In addition to the meeting notice requirements contained in subsection (b)(7)(ii) of this

section, the notice of any meetings subject to subsection (b)(8)(i) of this section shall include

instructions for the public to participate by videoconferencing.

     (iii) When using videoconferencing technology, the public body must comply with the

nondiscrimination on the basis of disability requirements of Rhode Island Constitution article I

section 2 and applicable federal and state nondiscrimination laws to include 29 U.S.C. § 794,

chapter 87 of this title, and chapter 24 of title 11. Public bodies must adopt procedures for

requesting a reasonable accommodation and provide information about that procedure on its

published agendas.

     (vi) Nothing contained in this subsection shall allow members of said bodies to participate

using electronic communication or telephone communication, except as prescribed by § 42-46-

5(b)(1) through(4).

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

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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.

     (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).

     (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.

All documents to be discussed at an open meeting of a public body shall be posted or linked with

the electronic filing of the agenda submitted to the secretary of state pursuant to § 42-46-6(f).

Notwithstanding any provisions of § 38-2-2(4), any documents reviewed, considered, or submitted

at a public meeting of a public body shall be deemed public and shall also be made available upon

request to any member of the public while present at the meeting.

     (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

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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

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.

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     (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.

     (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.;

     (5) Which members of the public body, if any, participated using videoconferencing

pursuant to § 42-46-5(b); and

     (6) The email address where a member of the public can request access to a recording of

any public meeting conducted using videoconferencing pursuant to § 42-46-5(b)(5).

     (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

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. Except for discussions related to finances,

the provisions of this subsection shall not apply to a volunteer fire company if the matters of the

volunteer fire company are under the supervision, control, or jurisdiction of another public body.

     (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.

     (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.

     42-46-13. Accessibility for persons with disabilities.

     (a) All public bodies, to comply with the nondiscrimination on the basis of disability

requirements of R.I. Const., Art. I, § 2 and applicable federal and state nondiscrimination laws (29

U.S.C. § 794, chapter 87 of this title, and chapter 24 of title 11), shall develop a transition plan

setting forth the steps necessary to ensure that all open meetings of said public bodies are accessible

to persons with disabilities.

     (b) The state building code standards committee shall, by September 1, 1989, adopt an

accessibility of meetings for persons with disabilities standard that includes provisions ensuring

that the meeting location is accessible to and usable by all persons with disabilities.

     (c) This section does not require the public body to make each of its existing facilities

accessible to and usable by persons with disabilities so long as all meetings required to be open to

the public pursuant to this chapter are held in accessible facilities by the dates specified in

subsection (e).

     (d) The public body may comply with the requirements of this section through such means

as reassignment of meetings to accessible facilities, alteration of existing facilities, or construction

of new facilities, or meeting online if the public body is advisory and complies with the

requirements of § 42-46-5. The public body is not required to make structural changes in existing

facilities where other methods are effective in achieving compliance with this section.

     (e) The public body shall comply with the obligations established under this section by July

1, 1990, except that where structural changes in facilities are necessary in order to comply with this

section, such changes shall be made by December 30, 1991, but in any event as expeditiously as

possible unless an extension is granted by the state building commissioner for good cause.

     (f) Each municipal government and school district shall, with the assistance of the state

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building commission, complete a transition plan covering the location of meetings for all public

bodies under their jurisdiction. Each chief executive of each city or town and the superintendent of

schools will submit their transition plan to the governor’s commission on disabilities for review

and approval. The governor’s commission on disabilities with assistance from the state building

commission shall approve or modify, with the concurrence of the municipal government or school

district, the transition plans.

     (g) The provisions of §§ 45-13-7 — 45-13-10, inclusive, shall not apply to this section.

     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 allow advisory bodies to participate in a public meeting using

videoconferencing, subject to certain requirements. This act would also require all city and town

councils and school committees to provide livestreaming of their meetings by January 1, 2027.

     This would take effect upon passage.

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