Assembly Bill A8987

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

                                  8987

                          I N  A S S E M B L Y

                              March 6, 2014
                               ___________

Introduced  by  M. of A. QUART, BRENNAN -- read once and referred to the
  Committee on Corporations, Authorities and Commissions

AN ACT to amend the public authorities law,  in  relation  to  requiring
  open  meetings  and  the  internet  broadcast of open meetings of each
  state authority and local authority

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

  Section  1.  The  public  authorities law is amended by adding two new
sections 2824-b and 2824-c to read as follows:
  S 2824-B. OPEN MEETINGS. EACH  STATE  AUTHORITY  AND  LOCAL  AUTHORITY
SHALL  BE SUBJECT TO THE PROVISIONS OF ARTICLE SEVEN OF THE PUBLIC OFFI-
CERS LAW.
  S 2824-C. INTERNET BROADCAST OF OPEN MEETINGS. 1. EACH STATE AUTHORITY
AND LOCAL AUTHORITY SHALL BROADCAST OVER THE INTERNET,  LIVE  VIDEO  AND
AUDIO  OF EACH OPEN MEETING HELD BY THE AUTHORITY. THE TIME AND PLACE OF
EACH SUCH MEETING SHALL BE CONSPICUOUSLY POSTED ON THE  STATE  AUTHORITY
OR  LOCAL  AUTHORITY'S  INTERNET WEBSITE AT LEAST ONE WEEK PRIOR TO SUCH
MEETING.
  2. ALL MEETINGS BROADCAST IN ACCORDANCE WITH SUBDIVISION ONE  OF  THIS
SECTION  SHALL  BE RECORDED, ARCHIVED, AND MADE ACCESSIBLE TO THE PUBLIC
ON ITS WEBSITE FOR AT LEAST ONE YEAR AFTER THE DATE OF THE MEETING.
  3. THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL MEETINGS  OF  THE
BOARD AND ITS COMMITTEES, BUT SHALL NOT APPLY TO EXECUTIVE SESSIONS HELD
IN ACCORDANCE WITH ARTICLE SEVEN OF THE PUBLIC OFFICERS LAW.
  4.  EACH STATE AUTHORITY AND LOCAL AUTHORITY WHICH: (A) HAS REVENUE OF
LESS THAN ONE MILLION DOLLARS; (B) HAS OUTSTANDING BONDS OR DEBT OF LESS
THAN ONE MILLION DOLLARS; AND (C) IS ALLOCATED  LESS  THAN  ONE  MILLION
DOLLARS  IN STATE, COUNTY OR MUNICIPAL ANNUAL APPROPRIATIONS, MAY WAIVE,
FOR A PERIOD OF ONE YEAR, THE REQUIREMENTS SET FORTH IN SUBDIVISIONS ONE
AND TWO OF THIS SECTION, IF VOTED UPON AND APPROVED BY THE BOARD OF  THE
STATE AUTHORITY OR LOCAL AUTHORITY.
  5.  EACH  STATE  AUTHORITY  AND LOCAL AUTHORITY THAT APPROVES A WAIVER
PURSUANT TO SUBDIVISION FOUR OF THIS SECTION SHALL BE REQUIRED TO SATIS-
FY THE REQUIREMENTS OF SUBDIVISIONS ONE AND TWO OF THIS SECTION IF  THEY

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

                                                           LBD14231-01-4

A. 8987                             2

SURPASS ANY OF THE RESPECTIVE ONE MILLION DOLLAR THRESHOLDS SET FORTH IN
SUBDIVISION FOUR OF THIS SECTION, IN ANY FISCAL YEAR.
  6.  ANY AGGRIEVED PERSON SHALL HAVE STANDING TO ENFORCE THE PROVISIONS
OF THIS SECTION AGAINST A STATE AUTHORITY  OR  LOCAL  AUTHORITY  BY  THE
COMMENCEMENT  OF  A  PROCEEDING PURSUANT TO ARTICLE SEVENTY-EIGHT OF THE
CIVIL PRACTICE LAW AND RULES, OR AN ACTION FOR DECLARATORY JUDGEMENT AND
INJUNCTIVE RELIEF. IN ANY SUCH ACTION OR PROCEEDING, IF A  COURT  DETER-
MINES  THAT  A  STATE AUTHORITY OR LOCAL AUTHORITY FAILED TO COMPLY WITH
THIS SECTION, THE COURT SHALL HAVE THE POWER, IN  ITS  DISCRETION,  UPON
GOOD CAUSE SHOWN, TO DECLARE THAT THE STATE AUTHORITY OR LOCAL AUTHORITY
VIOLATED  THIS  SECTION  AND/OR  DECLARE THE ACTION TAKEN IN RELATION TO
SUCH VIOLATION VOID, IN WHOLE OR  IN  PART,  WITHOUT  PREJUDICE  TO  THE
RECONSIDERATION IN COMPLIANCE WITH THIS SECTION.
  7.  IN  ANY  PROCEEDING  BROUGHT  PURSUANT  TO THIS SECTION, COSTS AND
REASONABLE ATTORNEY FEES MAY BE AWARDED BY THE COURT, IN ITS DISCRETION,
TO THE SUCCESSFUL PARTY.
  S 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law.