STATE OF NEW YORK
________________________________________________________________________
8410--A
Cal. No. 896
IN SENATE
January 29, 2024
___________
Introduced by Sen. MAYER -- read twice and ordered printed, and when
printed to be committed to the Committee on Local Government --
reported favorably from said committee, ordered to first and second
report, ordered to a third reading, amended and ordered reprinted,
retaining its place in the order of third reading
AN ACT to amend the general municipal law, the general city law, the
town law and the village law, in relation to expanding training
requirements for municipalities in relation to compliance with the
open meetings law
The People of the State of New York, represented in Senate and Assem-
bly, do enact as follows:
1 Section 1. Paragraph (d) of subdivision 2 of section 239-c of the
2 general municipal law, as amended by chapter 662 of the laws of 2006, is
3 amended to read as follows:
4 (d) Training and attendance requirements. (i) Each member of a county
5 planning board shall complete, at a minimum, [four] five hours of train-
6 ing each year designed to enable such members to more effectively carry
7 out their duties. Training received by a member in excess of [four] five
8 hours in any one year may be carried over by the member into succeeding
9 years in order to meet the requirements of this paragraph. Such training
10 shall be approved by the county and may include, but not be limited to,
11 training provided by a regional or county planning office or commission,
12 county planning federation, state agency, statewide municipal associ-
13 ation, college or other similar entity, provided that at least one hour
14 of such training is provided by the committee on open government or
15 another appropriate entity in relation to compliance with the open meet-
16 ings law. Training may be provided in a variety of formats, including
17 but not limited to, electronic media, video, distance learning and
18 traditional classroom training.
19 (ii) To be eligible for reappointment to such board, such member shall
20 have completed the training promoted by the county pursuant to this
21 paragraph.
22 (iii) The training required by this paragraph may be waived or modi-
23 fied by the county when, in the judgment of the governing board, it is
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14078-05-4
S. 8410--A 2
1 in the best interest of the county to do so provided that such county
2 shall provide public notice, including a justification, of their deci-
3 sion to waive or modify training requirements.
4 (iv) No decision of a county planning board shall be voided or
5 declared invalid because of a failure to comply with this paragraph.
6 § 2. Subdivision 7-a of section 27 of the general city law, as added
7 by chapter 662 of the laws of 2006, is amended to read as follows:
8 7-a. Training and attendance requirements. a. Each member of the plan-
9 ning board of a city, except a city having a population of more than one
10 million, shall complete, at a minimum, [four] five hours of training
11 each year designed to enable such members to more effectively carry out
12 their duties. Training received by a member in excess of [four] five
13 hours in any one year may be carried over by the member into succeeding
14 years in order to meet the requirements of this subdivision. Such train-
15 ing shall be approved by the legislative body and may include, but not
16 be limited to, training provided by a municipality, regional or county
17 planning office or commission, county planning federation, state agency,
18 statewide municipal association, college or other similar entity,
19 provided that at least one hour of such training is provided by the
20 committee on open government or another appropriate entity in relation
21 to compliance with the open meetings law. Training may be provided in a
22 variety of formats, including but not limited to, electronic media,
23 video, distance learning and traditional classroom training.
24 b. To be eligible for reappointment to such board, such member shall
25 have completed the training promoted by the city pursuant to this subdi-
26 vision.
27 c. The training required by this subdivision may be waived or modified
28 by resolution of the legislative body of the city when, in the judgment
29 of such legislative body, it is in the best interest of the city to do
30 so, provided that such resolution shall include a justification for the
31 city's decision to waive or modify such training requirements.
32 d. No decision of a planning board shall be voided or declared invalid
33 because of a failure to comply with this subdivision.
34 § 3. Subdivision 7-a of section 81 of the general city law, as added
35 by chapter 662 of the laws of 2006, is amended to read as follows:
36 7-a. Training and attendance requirements. (a) Each member of the
37 board of appeals in a city, except a city having a population of more
38 than one million, shall complete, at a minimum, [four] five hours of
39 training each year designed to enable such members to more effectively
40 carry out their duties. Training received by a member in excess of
41 [four] five hours in any one year may be carried over by the member into
42 succeeding years in order to meet the requirements of this subdivision.
43 Such training shall be approved by the legislative body and may include,
44 but not be limited to, training provided by a municipality, regional or
45 county planning office or commission, county planning federation, state
46 agency, statewide municipal association, college or other similar
47 entity, provided that at least one hour of such training is provided by
48 the committee on open government or another appropriate entity in
49 relation to compliance with the open meetings law. Training may be
50 provided in a variety of formats, including but not limited to, elec-
51 tronic media, video, distance learning and traditional classroom train-
52 ing.
53 (b) To be eligible for reappointment to such board, such member shall
54 have completed the training promoted by the city pursuant to this subdi-
55 vision.
S. 8410--A 3
1 (c) The training required by this subdivision may be waived or modi-
2 fied by resolution of the legislative body of the city when, in the
3 judgement of such legislative body, it is in the best interest of the
4 city to do so, provided that such resolution shall include a justifica-
5 tion for the city's decision to waive or modify such training require-
6 ments.
7 (d) No decision of a board of appeals shall be voided or declared
8 invalid because of a failure to comply with this subdivision.
9 § 4. Subdivision 7-a of section 267 of the town law, as added by chap-
10 ter 662 of the laws of 2006, is amended to read as follows:
11 7-a. Training and attendance requirements. (a) Each member of the
12 board of appeals shall complete, at a minimum, [four] five hours of
13 training each year designed to enable such members to more effectively
14 carry out their duties. Training received by a member in excess of
15 [four] five hours in any one year may be carried over by the member into
16 succeeding years in order to meet the requirements of this subdivision.
17 Such training shall be approved by the town board and may include, but
18 not be limited to, training provided by a municipality, regional or
19 county planning office or commission, county planning federation, state
20 agency, statewide municipal association, college or other similar
21 entity, provided that at least one hour of such training is provided by
22 the committee on open government or another appropriate entity in
23 relation to compliance with the open meetings law. Training may be
24 provided in a variety of formats, including but not limited to, elec-
25 tronic media, video, distance learning and traditional classroom train-
26 ing.
27 (b) To be eligible for reappointment to such board, such member shall
28 have completed the training promoted by the town pursuant to this subdi-
29 vision.
30 (c) The training required by this subdivision may be waived or modi-
31 fied by resolution of the town board when, in the judgment of the town
32 board, it is in the best interest of the town to do so, provided that
33 such resolution shall include a justification for the town's decision to
34 waive or modify such training requirements.
35 (d) No decision of a zoning board of appeals shall be voided or
36 declared invalid because of a failure to comply with this subdivision.
37 § 5. Subdivision 7-a of section 271 of the town law, as added by chap-
38 ter 662 of the laws of 2006, is amended to read as follows:
39 7-a. Training and attendance requirements. a. Each member of the plan-
40 ning board shall complete, at a minimum, [four] five hours of training
41 each year designed to enable such members to more effectively carry out
42 their duties. Training received by a member in excess of [four] five
43 hours in any one year may be carried over by the member into succeeding
44 years in order to meet the requirements of this subdivision. Such train-
45 ing shall be approved by the town board and may include, but not be
46 limited to, training provided by a municipality, regional or county
47 planning office or commission, county planning federation, state agency,
48 statewide municipal association, college or other similar entity,
49 provided that at least one hour of such training is provided by the
50 committee on open government or another appropriate entity in relation
51 to compliance with the open meetings law. Training may be provided in a
52 variety of formats, including but not limited to, electronic media,
53 video, distance learning and traditional classroom training.
54 b. To be eligible for reappointment to such board, such member shall
55 have completed the training promoted by the town pursuant to this subdi-
56 vision.
S. 8410--A 4
1 c. The training required by this subdivision may be waived or modified
2 by resolution of the town board when, in the judgment of the town board,
3 it is in the best interest of the town to do so, provided that such
4 resolution shall include a justification for the town's decision to
5 waive or modify such training requirements.
6 d. No decision of a planning board shall be voided or declared invalid
7 because of a failure to comply with this subdivision.
8 § 6. Subdivision 7-a of section 7-712 of the village law, as added by
9 chapter 662 of the laws of 2006, is amended to read as follows:
10 7-a. Training and attendance requirements. (a) Each member of the
11 board of appeals shall complete, at a minimum, [four] five hours of
12 training each year designed to enable such members to more effectively
13 carry out their duties. Training received by a member in excess of
14 [four] five hours in any one year may be carried over by the member into
15 succeeding years in order to meet the requirements of this subdivision.
16 Such training shall be approved by the board of trustees and may
17 include, but not be limited to, training provided by a municipality,
18 regional or county planning office or commission, county planning feder-
19 ation, state agency, statewide municipal association, college or other
20 similar entity, provided that at least one hour of such training is
21 provided by the committee on open government or another appropriate
22 entity in relation to compliance with the open meetings law. Training
23 may be provided in a variety of formats, including but not limited to,
24 electronic media, video, distance learning and traditional classroom
25 training.
26 (b) To be eligible for reappointment to such board, such member shall
27 have completed the training promoted by the village pursuant to this
28 subdivision.
29 (c) The training required by this subdivision may be waived or modi-
30 fied by resolution of the board of trustees when, in the judgment of the
31 board of trustees, it is in the best interest of the village to do so,
32 provided that such resolution shall include a justification for the
33 village's decision to waive or modify such training requirements.
34 (d) No decision of a board of appeals shall be voided or declared
35 invalid because of a failure to comply with this subdivision.
36 § 7. Subdivision 7-a of section 7-718 of the village law, as added by
37 chapter 662 of the laws of 2006, is amended to read as follows:
38 7-a. Training and attendance requirements. a. Each member of the plan-
39 ning board shall complete, at a minimum, [four] five hours of training
40 each year designed to enable such members to more effectively carry out
41 their duties. Training received by a member in excess of [four] five
42 hours in any one year may be carried over by the member into succeeding
43 years in order to meet the requirements of this subdivision. Such train-
44 ing shall be approved by the board of trustees and may include, but not
45 be limited to, training provided by a municipality, regional or county
46 planning office or commission, county planning federation, state agency,
47 statewide municipal association, college or other similar entity,
48 provided that at least one hour of such training is provided by the
49 committee on open government or another appropriate entity in relation
50 to compliance with the open meetings law. Training may be provided in a
51 variety of formats, including but not limited to, electronic media,
52 video, distance learning and traditional classroom training.
53 b. To be eligible for reappointment to such board, such member shall
54 have completed the training promoted by the village pursuant to this
55 subdivision.
S. 8410--A 5
1 c. The training required by this subdivision may be waived or modified
2 by resolution of the board of trustees when, in the judgment of the
3 board of trustees, it is in the best interest of the village to do so,
4 provided that such resolution shall include a justification for the
5 village's decision to waive or modify such training requirements.
6 d. No decision of a planning board shall be voided or declared invalid
7 because of a failure to comply with this subdivision.
8 § 8. This act shall take effect on the first of January next succeed-
9 ing the date on which it shall have become a law.