Assembly Bill A9911

                                BILL NUMBER:A9911

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 make certain records, which are scheduled to be the subject
of discussion at an open meeting, available to the public on, the agency
website  at  least twenty-four hours prior to such meeting and a reason-
able number of Copies of such records available prior to or at the meet-
ing.

SUMMARY OF PROVISIONS:  Section one amends section  103  of  the  Public
Officers.Law  by  adding  a  new  subdivision  (d). 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 avail-
able  prior  to the meeting. Such records shall be posted on the website
of the agency with which the public body is affiliated, as soon as prac-
ticable, but not less than twenty-four hours prior to the meeting and  a
reasonable  number of copies of such records shall be made available, to
the extent practicable, at or prior to the meeting.

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 avail-
able 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  coveted
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  the  record be posted on the relevant
agency's website at least twenty-four hours prior to the public  meeting
or  "as soon as practicable" and also. requires that a reasonable number
of, hard copies are available prior to or at the meeting "to the  extent
practicable."

Unlike  similar  legislation which was-passed by both houses in 2008 but
Ultimately  vetoed,{1}  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 meet-
ing is-held. Additionally, posting the record on  the  agency's  website
imposes  no  cost to the agency, and eliminates the majority of adminis-
trative-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 govern-
ment taking place at the state and federal levels.

LEGISLATIVE HISTORY:  This is a new bill.

FISCAL IMPLICATIONS:.  None.

LOCAL FISCAL IMPLICATIONS:  None.

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

{1} A. 5943 (2007) same as S.7042 (2007); See also, Veto Message No.  89
of 2008.