2007 -- S 0206

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LC00782

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2007

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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

     Referred To: Senate Judiciary

It is enacted by the General Assembly as follows:

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      SECTION 1. Section 42-46-2 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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     42-46-2. Definitions. -- As used in this chapter:

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      (a) "Meeting" means the convening of a public body to discuss and/or act upon a matter

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over which the public body has supervision, control, jurisdiction, or advisory power. As used

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herein, the term "meeting" shall expressly include, without limiting the generality of the

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

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      (b) "Open call" means a public announcement by the chairperson of the committee that

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the meeting is going to be held in executive session and the chairperson must indicate which

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exception of section42-46-5 is being involved.

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

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

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

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budget year with public funds, and shall include all authorities defined in section42-35-1(b). For

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purposes of this section, any political party, organization, or unit thereof meeting or convening is

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not and should not be considered to be a public body; provided, however that no such meeting

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shall be used to circumvent the requirements of this chapter.

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

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the membership of a public body.

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

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

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      (f) "Open forum" means the designated portion of an open meeting, if any, on a properly

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posted notice reserved for citizens to address comments to a public body relating to matters

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affecting the public business.

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     SECTION 2. This act shall take effect upon passage.

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LC00782

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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 change the definition of "public body" as it relates to libraries changing it

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from a library that is funded by a majority of its operating budget from public funds to a library

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that is funded by twenty-five percent (25%) of its operating budget from public funds.

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     This act would take effect upon passage.

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LC00782

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