AN ACT RELATING TO STATE AFFAIRS AND GOVERNMENT -- OPEN MEETINGS (Authorizes the committees of the general assembly to allow members of the public to provide testimony remotely.)

S3003

2026 -- S 3003
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LC005856
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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:
Senator Mark P. McKenney

Date Introduced:
March 04, 2026

Referred To:
Senate Special Legislation and Veterans Affairs
It is enacted by the General Assembly as follows:
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SECTION 1. Section 42-46-5 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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42-46-5. Purposes for which meeting may be closed — Use of electronic
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communications — Judicial proceedings — Disruptive conduct.
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(a) A public body may hold a meeting closed to the public pursuant to § 42-46-4 for one
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or more of the following purposes:
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(1) Any discussions of the job performance, character, or physical or mental health of a
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person or persons provided that the person or persons affected shall have been notified in advance
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in writing and advised that they may require that the discussion be held at an open meeting.
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Failure to provide notification shall render any action taken against the person or persons
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affected null and void. Before going into a closed meeting pursuant to this subsection, the public
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body shall state for the record that any persons to be discussed have been so notified and this
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statement shall be noted in the minutes of the meeting.
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(2) Sessions pertaining to collective bargaining or litigation, or work sessions pertaining to
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collective bargaining or litigation.
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(3) Discussion regarding the matter of security including, but not limited to, the deployment
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of security personnel or devices.
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(4) Any investigative proceedings regarding allegations of misconduct, either civil or
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criminal.

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(5) Any discussions or considerations related to the acquisition or lease of real property for
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public purposes, or of the disposition of publicly held property wherein advanced public
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information would be detrimental to the interest of the public.
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(6) Any discussions related to or concerning a prospective business or industry locating in
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the state of Rhode Island when an open meeting would have a detrimental effect on the interest of
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the public.
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(7) A matter related to the question of the investment of public funds where the premature
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disclosure would adversely affect the public interest. Public funds shall include any investment
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plan or matter related thereto, including, but not limited to, state lottery plans for new promotions.
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(8) Any executive sessions of a local school committee exclusively for the purposes: (i) Of
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conducting student disciplinary hearings; or (ii) Of reviewing other matters that relate to the privacy
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of students and their records, including all hearings of the various juvenile hearing boards of any
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municipality; provided, however, that any affected student shall have been notified in advance in
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writing and advised that the student may require that the discussion be held in an open meeting.
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Failure to provide notification shall render any action taken against the student or students
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affected null and void. Before going into a closed meeting pursuant to this subsection, the public
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body shall state for the record that any students to be discussed have been so notified and this
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statement shall be noted in the minutes of the meeting.
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(9) Any hearings on, or discussions of, a grievance filed pursuant to a collective bargaining
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agreement.
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(10) Any discussion of the personal finances of a prospective donor to a library.
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(b) No meeting of members of a public body or use of electronic communication, including
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telephonic communication and telephone conferencing, shall be used to circumvent the spirit or
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requirements of this chapter; provided, however, these meetings and discussions are not prohibited.
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(1) Provided, further however, that discussions of a public body via electronic
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communication, including telephonic communication and telephone conferencing, shall be
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permitted only to schedule a meeting, except as provided in this subsection.
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(2) Provided, further however, that a member of a public body may participate by use of
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electronic communication or telephone communication while on active duty in the armed services
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of the United States.
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(3) Provided, further however, that a member of that public body, who has a disability as
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defined in chapter 87 of this title and:
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(i) Cannot attend meetings of that public body solely by reason of the member’s disability;
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and

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(ii) Cannot otherwise participate in the meeting without the use of electronic
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communication or telephone communication as reasonable accommodation, may participate by use
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of electronic communication or telephone communication in accordance with the process below.
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(4) The governor’s commission on disabilities is authorized and directed to:
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(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
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communication or telephone communication as a reasonable accommodation due to that member’s
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disability;
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(ii) Grant a waiver that allows a member to participate by electronic communication or
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telephone communication only if the member’s disability would prevent the member from being
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physically present at the meeting location, and the use of such communication is the only
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reasonable accommodation; and
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(iii) Any waiver decisions shall be a matter of public record.
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(5) The university of Rhode Island board of trustees members, established pursuant to §
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16-32-2, are authorized to participate remotely in open public meetings of the board; provided,
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however, that:
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(i) The remote members and all persons present at the meeting location are clearly audible
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and visible to each other;
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(ii) A quorum of the body is participating;
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(iii) If videoconferencing is used to conduct a meeting, the public notice for the meeting
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shall inform the public that videoconferencing will be used and include instructions on how the
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public can access the virtual meeting; and
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(iv) The board shall adopt rules defining the requirements of remote participation including
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its use for executive session, and the conditions by which a member is authorized to participate
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remotely.
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(6) The Rhode Island Life Science Hub board of directors, established pursuant to § 23-
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99-4, is authorized to participate remotely in open public meetings of the board, in accordance with
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the provisions of § 23-99-4(c).
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(7) The committees of the general assembly are authorized to take testimony from members
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of the public remotely via electronic communication, including telephonic communication and
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telephone conferencing; provided, however, that:
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(i) The remote members of the public and all persons present at the meeting location are
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clearly audible and visible to each other;
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(ii) A quorum of the body is participating; and

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(iii) If videoconferencing is used to conduct a meeting, the public notice for the meeting
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shall inform the public that videoconferencing will be used and include instructions on how the
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public can access the virtual meeting.

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(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.
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(d) This chapter shall not prohibit the removal of any person who willfully disrupts a
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meeting to the extent that orderly conduct of the meeting is seriously compromised.
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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 authorize the committees of the general assembly to allow members of the
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public to provide testimony remotely, via electronic communication, including telephonic
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communication and telephone conferencing.
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This act would take effect upon passage.
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