senate Bill S3255B

Requires certain records discussed at open meetings be made available to the public prior to such meeting

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 14 / Feb / 2011
    • REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS
  • 08 / Mar / 2011
    • AMEND AND RECOMMIT TO INVESTIGATIONS AND GOVERNMENT OPERATIONS
  • 08 / Mar / 2011
    • PRINT NUMBER 3255A
  • 17 / May / 2011
    • AMEND AND RECOMMIT TO INVESTIGATIONS AND GOVERNMENT OPERATIONS
  • 17 / May / 2011
    • PRINT NUMBER 3255B
  • 24 / May / 2011
    • 1ST REPORT CAL.833
  • 25 / May / 2011
    • 2ND REPORT CAL.
  • 01 / Jun / 2011
    • ADVANCED TO THIRD READING
  • 22 / Jun / 2011
    • SUBSTITUTED BY A72B

Summary

Requires records, including a proposed resolution, law, rule, regulation, policy or amendment thereto, scheduled to be presented and discussed by a public body at an open meeting be made available for review to the public; requires such records be made available on the agency's website if it is regularly updated and they utilize a high speed internet connection.

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Bill Details

See Assembly Version of this Bill:
A72B
Versions:
S3255
S3255A
S3255B
Legislative Cycle:
2011-2012
Law Section:
Public Officers Law
Laws Affected:
Amd ยง103, Pub Off L
Versions Introduced in 2009-2010 Legislative Cycle:
S6849A, A9911A

Votes

7
0
7
Aye
0
Nay
1
aye with reservations
0
absent
0
excused
0
abstained
show Investigations and Government Operations committee vote details

Sponsor Memo

BILL NUMBER:S3255B

TITLE OF BILL:
An act
to amend the public officers law, in relation to requiring certain
records which are the subject of a discussion conducted at an open
meeting be made available to the public

PURPOSE:
To require that certain records, which are scheduled to be the subject
of discussion at an open meeting, be made available, to the extent
practicable, prior to or at such meeting.

SUMMARY OF PROVISIONS:
Section one amends section 103 of the Public Officers Law by adding a
new subdivision (e).
This new subdivision requires that certain records, which are
scheduled to be the subject of discussion by a public body during an
open meeting, shall be made available, to the extent practicable as
determined by the agency or department, prior to or at the meeting.
Copies of such records may be made available for a reasonable fee,
determined in the same manner as for a FOIL request. If the agency in
which a public body functions maintains a regularly updated website
and has access to a high speed internet connection, such records
shall be posted on the website as soon as practicable as determined
by the agency or department, prior to the meeting. This section also
clarifies that an agency may, but shall not be required to, expend
additional moneys to implement the provisions of this section.

Section two defines the effective date as thirty days following the
enactment date.

JUSTIFICATION:
In many instances, a public body covered by the Open Meetings Law
conducts a discussion of a record which was not made available to the
public prior to or at the meeting. Thus, although members of the
public are present at the meeting, they are unable to observe the
proceedings in a meaningful way. This legislation seeks to implement
the recommendations made by the Committee on Open Government to
correct this problem and enhance the public's right to observe the
decision-making process.

If enacted into law, this bill would require that public bodies
covered by the Open Meetings Law make records available to the public
that are scheduled to be discussed at the body's meeting.
Specifically, this legislation would require that such records be made
available to the public prior to or at the meeting, to the extent
practicable, and posted on the relevant agency's website, if it
maintains one and has access to a high speed internet connection, as
soon as practicable prior to the meeting.

This legislation will actually decrease the burdens imposed on
agencies. Making certain records available on the agency website, or
in hard copy at or prior to the meeting, greatly reduces the
likelihood of FOIL requests for the records after the meeting is
held. Additionally, posting the record on the agency's website


imposes no cost to the agency, and eliminates the majority of
administrative tasks necessary to process a FOIL request. Such
proactive disclosure has been strongly recommended by the Committee
on Open Government and comports with the movement toward transparency
in government taking place at the state and federal levels.

LEGISLATIVE HISTORY:
2010: S.6849A- Referred to Investigations and Government Operations

FISCAL IMPLICATIONS:
None.

LOCAL FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect on the thirtieth day after it shall become
law.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 3255--B

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            February 14, 2011
                               ___________

Introduced  by  Sen.  SALAND -- read twice and ordered printed, and when
  printed to be committed to the Committee on Investigations and Govern-
  ment  Operations  --  committee  discharged,  bill  amended,   ordered
  reprinted  as  amended  and recommitted to said committee -- committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN ACT to amend the  public  officers  law,  in  relation  to  requiring
  certain  records which are the subject of a discussion conducted at an
  open meeting be made available to the public

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 103 of the public officers law is amended by adding
a new subdivision (e) to read as follows:
  (E)  AGENCY RECORDS AVAILABLE TO THE PUBLIC PURSUANT TO ARTICLE SIX OF
THIS CHAPTER, AS WELL AS ANY PROPOSED RESOLUTION, LAW, RULE, REGULATION,
POLICY OR ANY AMENDMENT THERETO, THAT IS SCHEDULED TO BE THE SUBJECT  OF
DISCUSSION  BY A PUBLIC BODY DURING AN OPEN MEETING SHALL BE MADE AVAIL-
ABLE, UPON REQUEST THEREFOR, TO THE EXTENT PRACTICABLE AS DETERMINED  BY
THE  AGENCY  OR  THE DEPARTMENT, PRIOR TO OR AT THE MEETING DURING WHICH
THE RECORDS WILL BE DISCUSSED.   COPIES OF  SUCH  RECORDS  MAY  BE  MADE
AVAILABLE  FOR  A  REASONABLE  FEE,  DETERMINED  IN  THE  SAME MANNER AS
PROVIDED THEREFOR IN ARTICLE SIX OF THIS CHAPTER.    IF  THE  AGENCY  IN
WHICH  A  PUBLIC  BODY  FUNCTIONS  MAINTAINS  A  REGULARLY AND ROUTINELY
UPDATED WEBSITE AND UTILIZES A  HIGH  SPEED  INTERNET  CONNECTION,  SUCH
RECORDS  SHALL  BE  POSTED  ON  THE WEBSITE TO THE EXTENT PRACTICABLE AS
DETERMINED BY THE AGENCY OR THE DEPARTMENT, PRIOR TO THE  MEETING.    AN
AGENCY  MAY,  BUT  SHALL NOT BE REQUIRED TO, EXPEND ADDITIONAL MONEYS TO
IMPLEMENT THE PROVISIONS OF THIS SUBDIVISION.
  S 2.  This act shall take effect on the thirtieth day after  it  shall
have become a law.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00911-10-1

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