Senate Bill S6849

                                 BILL NUMBER:  S6849

 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
reasonable number of Copies of such records available prior to or at
the meeting.

 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 practicable, 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 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
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, 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 :
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.