Bill Text: NY A10177 | 2019-2020 | General Assembly | Introduced
Bill Title: Relates to compliance with the open meetings law during a state disaster emergency; provides that during a state disaster emergency, a public body in the affected area may make a determination that, as a direct result of the state disaster emergency, complying with a particular requirement of the open meetings law would unduly threaten the health or safety of members of the public body or the general public.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2020-03-24 - referred to governmental operations [A10177 Detail]
Download: New_York-2019-A10177-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 10177 IN ASSEMBLY March 24, 2020 ___________ Introduced by M. of A. PAULIN -- read once and referred to the Committee on Governmental Operations AN ACT to amend the public officers law, in relation to compliance with the open meetings law during a state disaster emergency; and providing for the repeal of such provisions upon expiration thereof The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision (a) of section 103 of the public officers law, 2 as amended by chapter 368 of the laws of 1977, and as renumbered by 3 chapter 652 of the laws of 1983, is amended and a new subdivision (g) is 4 added to read as follows: 5 (a) Every meeting of a public body shall be open to the general 6 public, except as provided in subdivision (g) of this section, and 7 except that an executive session of such body may be called and business 8 transacted thereat in accordance with section ninety-five of this [arti-9cle] chapter. 10 (g) 1. During a state disaster emergency, as defined in section twenty 11 of the executive law, a public body in the affected area may make a 12 determination that, as a direct result of the state disaster emergency, 13 complying with a particular requirement of this section would unduly 14 threaten the health or safety of members of the public body or the 15 general public. 16 2. A public body making such a determination shall ensure that the 17 meeting of such public body is as compliant with the intent of this 18 article as is practicable, and shall promptly provide notice to the 19 general public pursuant to section one hundred four of this article 20 detailing: (i) the particular requirement of this section that the meet- 21 ing will not comply with; (ii) an explanation of how complying with the 22 particular requirement would unduly threaten the health or safety of 23 members of the public body or the general public; and (iii) a 24 description of alternate means by which the public can monitor, watch, 25 listen to, participate in, and/or attend the meeting. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD15865-01-0A. 10177 2 1 3. Such determination shall be considered a final determination by the 2 public body, and shall be subject to challenge pursuant to section one 3 hundred seven of this article. 4 § 2. This act shall take effect immediately and shall expire and be 5 deemed repealed December 31, 2022.