Senate Bill S3255

                                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.

                                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.