senate Bill S1853

Amended

Includes an advisory committee within the definition of a public body for purposes of the open meetings law

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Sponsor

Bill Status


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

  • 09 / Jan / 2013
    • REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS
  • 05 / Mar / 2013
    • 1ST REPORT CAL.154
  • 06 / Mar / 2013
    • 2ND REPORT CAL.
  • 07 / Mar / 2013
    • ADVANCED TO THIRD READING
  • 04 / Jun / 2013
    • AMENDED ON THIRD READING 1853A
  • 21 / Jun / 2013
    • COMMITTED TO RULES
  • 08 / Jan / 2014
    • REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS
  • 18 / Mar / 2014
    • 1ST REPORT CAL.298
  • 19 / Mar / 2014
    • 2ND REPORT CAL.
  • 20 / Mar / 2014
    • ADVANCED TO THIRD READING
  • 09 / Jun / 2014
    • PASSED SENATE
  • 09 / Jun / 2014
    • DELIVERED TO ASSEMBLY
  • 09 / Jun / 2014
    • REFERRED TO GOVERNMENTAL OPERATIONS

Summary

Includes an advisory committee within the definition of a public body for purposes of the open meetings law.

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Bill Details

See Assembly Version of this Bill:
A1455
Versions:
S1853
S1853A
Legislative Cycle:
2013-2014
Current Committee:
Law Section:
Public Officers Law
Laws Affected:
Amd ยง102, Pub Off L
Versions Introduced in Previous Legislative Cycles:
2013-2014: A1455
2011-2012: A522, S811, A522
2009-2010: A4634, S1720, A4634

Votes

6
0
6
Aye
0
Nay
2
aye with reservations
0
absent
1
excused
0
abstained
show Investigations and Government Operations committee vote details

Sponsor Memo

BILL NUMBER:S1853

TITLE OF BILL: An act to amend the public officers law, in relation to
the definition of a public body pursuant to the open meetings law

PURPOSE: Relates to the definition of a public body pursuant to the
open meetings law.

SUMMARY OF PROVISIONS: Subdivision 2 of section 102 of the public offi-
cers law, as amended by Chapter 704 of the Laws of 1979 and such section
as renumbered by Chapter 652 of the Laws of 1983, is amended.

JUSTIFICATION: Under current law, any public body that is comprised of
public officers and possesses decision-making authority is subject to
the open meetings law. However, many times local government officials
appoint and/or create committees, often adversary in nature, who hold
routine meetings and have legitimate guidelines and mission they must
adhere to. These committees that are appointed by a public body are not
subject to the open meetings law.

It is the goal of this legislation to create greater transparency with
regard to government appointed entities who, by nature, advise said
government on local matters.

LEGISLATIVE HISTORY: 2011-12: A.522/S.811 2009-10: A.4634/S.1720

FISCAL IMPLICATIONS: None to state.

EFFECTIVE DATE: This act shall take effect immediately.

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

    S. 1853                                                  A. 1455

                       2013-2014 Regular Sessions

                      S E N A T E - A S S E M B L Y

                               (PREFILED)

                             January 9, 2013
                               ___________

IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered print-
  ed,  and  when  printed  to  be committed to the Committee on Investi-
  gations and Government Operations

IN ASSEMBLY -- Introduced by M. of A. THIELE -- read once  and  referred
  to the Committee on Governmental Operations

AN  ACT  to amend the public officers law, in relation to the definition
  of a public body pursuant to the open meetings law

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

  Section 1. Subdivision 2 of section 102 of the public officers law, as
amended  by  chapter  704 of the laws of 1979 and such section as renum-
bered by chapter 652 of the laws of 1983, is amended to read as follows:
  2. "Public body" means any entity, for which a quorum is  required  in
order  to  conduct  public  business  and  which consists of two or more
members, performing a governmental function for  the  state  or  for  an
agency  or department thereof, or for a public corporation as defined in
section sixty-six of the  general  construction  law,  or  committee  or
subcommittee  or  other similar body of such public body.  A PUBLIC BODY
SHALL ALSO INCLUDE ANY ADVISORY COMMITTEE  TO  A  PUBLIC  BODY,  WHETHER
CREATED  BY  SUCH  PUBLIC BODY OR CREATED PURSUANT TO FEDERAL, STATE, OR
LOCAL LAW.
  S 2. This act shall take effect immediately.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01630-01-3

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