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H 7304Ethics & Transparency

State Affairs and Government - Open Meetings

Allows members of public bodies who are pregnant or recently gave birth to participate and vote in meetings remotely.

Held for study
Population
Affected
8
Email Legislator
Introduced Jan 23, 2026Committee House State Government & Elections

Plain-English Summary

This legislation amends the Rhode Island Open Meetings Act to allow specific members of public bodies to participate in meetings remotely. Specifically, it permits members who are pregnant or have given birth within the past six months to join and vote via electronic means, such as telephone or video conferencing. While the member participates remotely, the meeting itself must still be held in person. This change adds to existing exceptions that allow remote participation for active duty military members and individuals with disabilities.

For younger readers

Usually, the people elected to run our towns and schools, like school committee members, have to go to a meeting room to talk and vote on rules. This new law says that if one of these members is pregnant or just had a baby, she doesn't have to go to the meeting room. Instead, she can use a phone or a computer to talk to the other members and vote from her home. This helps her keep doing her important job while she stays healthy and takes care of her new baby.

Who & Where It Applies

Impacted groups
Pregnant womenMothersPublic body membersSchool committee membersVoters
Impacted communities
All

Constitutional & Fiscal Check

None Likely

Estimated cost
None
Estimated revenue
None

Bill Analysis

Both viewpoints
For Progressives
  • Promotes gender equity and inclusivity in government by removing physical barriers to participation for pregnant individuals and new mothers, encouraging more women to seek and retain public office.
  • Supports maternal health and family well-being by allowing public servants to maintain their duties without compromising their physical recovery or care for a newborn.
  • Ensures that the constituents represented by pregnant or postpartum officials do not lose their voice or vote during critical periods of the official's family life.
  • Creates a specific exemption rather than a broader universal access policy, potentially leaving out individuals with other types of caregiving responsibilities or temporary health conditions.
  • Remote participation can sometimes limit the ability of the public to fully observe or interact with the official compared to in-person attendance, potentially slightly reducing transparency.
  • Reliance on electronic communication may introduce technical disparities where officials in areas with poor internet connectivity cannot participate as effectively as those in well-resourced areas.
For Conservatives
  • Supports traditional family values by accommodating mothers who wish to fulfill their civic duties while caring for their newborns and recovering from childbirth.
  • Ensures that elected bodies can maintain quorums and conduct necessary business efficiently without delays caused by the absence of members due to pregnancy or childbirth.
  • Utilizes modern technology to allow duly elected officials to work, ensuring that the taxpayers continue to receive representation from the individuals they voted for.
  • Erodes the traditional requirement for public officials to face their constituents in person, potentially setting a precedent for more widespread remote governance that lacks direct accountability.
  • Creates a special class of protection that could be viewed as identity politics entering procedural government operations, rather than applying a uniform standard for all absences.
  • Remote voting mechanisms may be less secure or transparent than in-person voting, raising concerns about the integrity of the legislative process in local bodies.

Votes

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Full Bill Text

Changes to existing Rhode Island law · 9 additions

It is enacted by the General Assembly as follows:

SECTION 1. Section 42-46-5 of the General Laws in Chapter 42-46 entitled "Open Meetings" is hereby amended to read as follows: 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 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 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.

(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).

(7) Provided, further however, that any member of a public body that is pregnant or has given birth within the past six (6) months, may participate by use of electronic communication or telephone communication in accordance with the process set forth in this subsection.

(8) Provided, further however, that any member of a public body that participates by use of electronic communication or telephone communication in accordance with the process set forth in this subsection, may be permitted to vote by means of electronic communication or telephone communication, provided that the meeting is held in person.

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

SECTION 2. This act shall take effect upon passage.