Bill Text: NY A03349 | 2021-2022 | General Assembly | Introduced

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Bill Title: Authorizes public bodies to hold public meetings remotely.

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Introduced - Dead) 2022-01-05 - referred to governmental operations [A03349 Detail]

Download: New_York-2021-A03349-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          3349

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                    January 22, 2021
                                       ___________

        Introduced by M. of A. ABINANTI -- read once and referred to the Commit-
          tee on Governmental Operations

        AN  ACT  to  amend  the  public officers law, in relation to authorizing
          public bodies to hold public meetings remotely; and providing for  the
          repeal of such provisions upon the expiration thereof

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Section 103 of the public officers law, as amended by chap-
     2  ter 368 of the laws of 1977 and renumbered by chapter 652 of the laws of
     3  1983, subdivision (c) as added by chapter  289  of  the  laws  of  2000,
     4  subdivision  (d) as added by chapter 40 of the laws of 2010, subdivision
     5  (d) as added by chapter 43 of the laws of 2010, subdivision (e) as added
     6  by chapter 603 of the laws of 2011 and subdivision  (f)  as  amended  by
     7  chapter 319 of the laws of 2016, is amended to read as follows:
     8    § 103. Open  meetings  and executive sessions.  [(a)] 1. Every meeting
     9  of a public body shall be open to the general  public,  except  that  an
    10  executive  session  of  such  body may be called and business transacted
    11  thereat  in  accordance  with  section  ninety-five  of  this  [article]
    12  chapter.
    13    [(b)]  2.  Public bodies shall make or cause to be made all reasonable
    14  efforts to ensure that meetings that are not conducted remotely are held
    15  in facilities that permit barrier-free physical access to the physically
    16  handicapped, as defined in subdivision five  of  section  fifty  of  the
    17  public buildings law.
    18    [(c) A public body that uses videoconferencing to conduct its meetings
    19  shall  provide  an  opportunity  for  the  public  to attend, listen and
    20  observe at any site at which a member participates.] 3.  A  public  body
    21  may  meet  remotely, in whole or in part, through the use of a telephone
    22  conference, a video conference, and/or other similar technology, without
    23  permitting public in-person access to such meetings  and  may  take  all
    24  actions authorized by the law at meetings held remotely provided:

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08719-01-1
        A. 3349                             2

     1    (a) the meeting is conducted pursuant to rules approved by such public
     2  body;
     3    (b)  the  public has the ability to view or listen to such proceedings
     4  and, where appropriate, provide comments electronically;
     5    (c) the minutes of the meeting are recorded and are later transcribed;
     6    (d) all required documents and records utilized  at  the  meeting  are
     7  available in an electronic format on the internet and upon request; and
     8    (e)  each  notice of the meeting clearly provides instructions for the
     9  participants at the meeting to  access  the  meeting,  locate  necessary
    10  documentation  for  the  meeting  and  submit comments and notice to the
    11  general public in accordance with section one hundred four of this arti-
    12  cle.
    13    [(d)] 4. Public bodies shall make or cause to be made  all  reasonable
    14  efforts to ensure that meetings that are not conducted remotely are held
    15  in  an  appropriate facility which can adequately accommodate members of
    16  the public who wish to attend such meetings.
    17    [(d) 1.] 5.(a) Any meeting of a public  body  that  is  not  conducted
    18  remotely  open to the public shall be open to being photographed, broad-
    19  cast, webcast, or otherwise recorded  and/or  transmitted  by  audio  or
    20  video  means. As used herein the term "broadcast" shall also include the
    21  transmission of signals by cable.
    22    [2.] (b) A public body may adopt rules,  consistent  with  recommenda-
    23  tions  from  the  committee on open government, reasonably governing the
    24  location of equipment  and  personnel  used  to  photograph,  broadcast,
    25  webcast, or otherwise record a meeting that is not conducted remotely so
    26  as  to conduct its proceedings in an orderly manner. Such rules shall be
    27  conspicuously  posted  during  meetings  and  written  copies  shall  be
    28  provided upon request to those in attendance.
    29    [(e)]  6.  Agency  records available to the public pursuant to article
    30  six of this chapter, as well as  any  proposed  resolution,  law,  rule,
    31  regulation, policy or any amendment thereto, that is scheduled to be the
    32  subject  of  discussion by a public body during an open meeting shall be
    33  made available, upon request therefor,  to  the  extent  practicable  as
    34  determined  by  the agency or the department, prior to or at the meeting
    35  during which the records will be discussed. Copies of such  records  may
    36  be made available for a reasonable fee, determined in the same manner as
    37  provided therefor in article six of this chapter. If the agency in which
    38  a  public  body  functions  maintains  a regularly and routinely updated
    39  website and utilizes a high  speed  internet  connection,  such  records
    40  shall  be  posted on the website to the extent practicable as determined
    41  by the agency or the department, prior to the meeting.  An  agency  may,
    42  but  shall not be required to, expend additional moneys to implement the
    43  provisions of this subdivision.
    44    [(f)] 7. Open meetings of an agency or  authority  shall  be,  to  the
    45  extent  practicable  and within available funds, broadcast to the public
    46  and maintained as records of the agency or authority. If the  agency  or
    47  authority  maintains  a  website  and  utilizes  a  high  speed internet
    48  connection, such open meeting shall be, to the  extent  practicable  and
    49  within available funds, streamed on such website in real-time, and post-
    50  ed  on  such website within and for a reasonable time after the meeting.
    51  For the purposes of this subdivision, the term "agency" shall mean  only
    52  a  state  department, board, bureau, division, council or office and any
    53  public corporation the majority of whose members are  appointed  by  the
    54  governor.  For  purposes of this subdivision, the term "authority" shall
    55  mean a public authority or public  benefit  corporation  created  by  or
    56  existing under any state law, at least one of whose members is appointed
        A. 3349                             3

     1  by  the governor (including any subsidiaries of such public authority or
     2  public benefit corporation), other than an interstate  or  international
     3  authority or public benefit corporation.
     4    §  2.  This act shall take effect immediately and shall expire January
     5  31, 2022, when upon such date the provisions of this act shall be deemed
     6  repealed.