senate Bill S3255B

Signed By Governor
2011-2012 Legislative Session

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

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Archive: Last Bill Status Via A72 - Signed by Governor


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 03, 2012 signed chap.603
Dec 22, 2011 delivered to governor
Jun 22, 2011 returned to assembly
passed senate
3rd reading cal.833
substituted for s3255b
Jun 22, 2011 substituted by a72b
Jun 01, 2011 advanced to third reading
May 25, 2011 2nd report cal.
May 24, 2011 1st report cal.833
May 17, 2011 print number 3255b
amend and recommit to investigations and government operations
Mar 08, 2011 print number 3255a
amend and recommit to investigations and government operations
Feb 14, 2011 referred to investigations and government operations

Votes

view votes

May 24, 2011 - Investigations and Government Operations committee Vote

S3255B
7
0
committee
7
Aye
0
Nay
1
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Investigations and Government Operations committee vote details

Investigations and Government Operations Committee Vote: May 24, 2011

aye wr (1)

Bill Amendments

Original
A
B (Active)
Original
A
B (Active)

S3255 - Bill Details

See Assembly Version of this Bill:
A72B
Law Section:
Public Officers Law
Laws Affected:
Amd §103, Pub Off L
Versions Introduced in 2009-2010 Legislative Session:
S6849A, A9911A

S3255 - Bill Texts

view 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.

view sponsor memo
BILL NUMBER:S3255

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.
If the agency in which a public body functions maintains a website,
such records shall be posted on the website as soon as practicable as
determined by the agency or department, 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
covered by the Open Meetings Law make records available to the public
that are scheduled to he 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, 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 full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  3255

                       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

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, 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.  IF THE AGENCY IN WHICH A PUBLIC BODY FUNCTIONS  MAINTAINS  A
WEBSITE,  SUCH RECORDS SHALL BE POSTED ON THE WEBSITE AS SOON AS PRACTI-
CABLE AS DETERMINED BY THE AGENCY OR THE DEPARTMENT, PRIOR TO THE  MEET-
ING.
  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.
                                                           LBD00911-01-1

S3255A - Bill Details

See Assembly Version of this Bill:
A72B
Law Section:
Public Officers Law
Laws Affected:
Amd §103, Pub Off L
Versions Introduced in 2009-2010 Legislative Session:
S6849A, A9911A

S3255A - Bill Texts

view 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.

view sponsor memo
BILL NUMBER:S3255A

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.
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.

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 full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 3255--A

                       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

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,  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.    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 PRAC-
TICABLE  AS  DETERMINED  BY  THE  AGENCY OR THE DEPARTMENT, PRIOR TO THE
MEETING.
  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.
                                                           LBD00911-03-1

S3255B (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A72B
Law Section:
Public Officers Law
Laws Affected:
Amd §103, Pub Off L
Versions Introduced in 2009-2010 Legislative Session:
S6849A, A9911A

S3255B (ACTIVE) - Bill Texts

view 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.

view 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 full text
download pdf
                    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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