senate Bill S1853A

2013-2014 Legislative Session

Includes an advisory committee within the definition of a public body for purposes of the open meetings law

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Archive: Last Bill Status - Passed Senate


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

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Actions

view actions (13)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 09, 2014 referred to governmental operations
delivered to assembly
passed senate
Mar 20, 2014 advanced to third reading
Mar 19, 2014 2nd report cal.
Mar 18, 2014 1st report cal.298
Jan 08, 2014 referred to investigations and government operations
Jun 21, 2013 committed to rules
Jun 04, 2013 amended on third reading 1853a
Mar 07, 2013 advanced to third reading
Mar 06, 2013 2nd report cal.
Mar 05, 2013 1st report cal.154
Jan 09, 2013 referred to investigations and government operations

Votes

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Mar 18, 2014 - Investigations and Government Operations committee Vote

S1853A
8
0
committee
8
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: Mar 18, 2014

aye wr (1)

Mar 5, 2013 - Investigations and Government Operations committee Vote

S1853
6
0
committee
6
Aye
0
Nay
2
Aye with Reservations
0
Absent
1
Excused
0
Abstained
show committee vote details

Committee Vote: Mar 5, 2013

aye wr (2)
excused (1)

Bill Amendments

Original
A (Active)
Original
A (Active)

S1853 - Bill Details

See Assembly Version of this Bill:
A1455A
Current Committee:
Law Section:
Public Officers Law
Laws Affected:
Amd §102, Pub Off L
Versions Introduced in Previous Legislative Sessions:
2013-2014: A1455
2011-2012: A522, S811
2009-2010: A4634, S1720

S1853 - Bill Texts

view summary

Includes an advisory committee within the definition of a public body for purposes of the open meetings law.

view sponsor memo
BILL NUMBER:S1853

TITLE OF BILL: An act to amend the public officers law, in relation to
the definition of a public body pursuant to the open meetings law

PURPOSE: Relates to the definition of a public body pursuant to the
open meetings law.

SUMMARY OF PROVISIONS: Subdivision 2 of section 102 of the public offi-
cers law, as amended by Chapter 704 of the Laws of 1979 and such section
as renumbered by Chapter 652 of the Laws of 1983, is amended.

JUSTIFICATION: Under current law, any public body that is comprised of
public officers and possesses decision-making authority is subject to
the open meetings law. However, many times local government officials
appoint and/or create committees, often adversary in nature, who hold
routine meetings and have legitimate guidelines and mission they must
adhere to. These committees that are appointed by a public body are not
subject to the open meetings law.

It is the goal of this legislation to create greater transparency with
regard to government appointed entities who, by nature, advise said
government on local matters.

LEGISLATIVE HISTORY: 2011-12: A.522/S.811 2009-10: A.4634/S.1720

FISCAL IMPLICATIONS: None to state.

EFFECTIVE DATE: This act shall take effect immediately.

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

    S. 1853                                                  A. 1455

                       2013-2014 Regular Sessions

                      S E N A T E - A S S E M B L Y

                               (PREFILED)

                             January 9, 2013
                               ___________

IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered print-
  ed,  and  when  printed  to  be committed to the Committee on Investi-
  gations and Government Operations

IN ASSEMBLY -- Introduced by M. of A. THIELE -- read once  and  referred
  to the Committee on Governmental Operations

AN  ACT  to amend the public officers law, in relation to the definition
  of a public body pursuant to the open meetings law

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

  Section 1. Subdivision 2 of section 102 of the public officers law, as
amended  by  chapter  704 of the laws of 1979 and such section as renum-
bered by chapter 652 of the laws of 1983, is amended to read as follows:
  2. "Public body" means any entity, for which a quorum is  required  in
order  to  conduct  public  business  and  which consists of two or more
members, performing a governmental function for  the  state  or  for  an
agency  or department thereof, or for a public corporation as defined in
section sixty-six of the  general  construction  law,  or  committee  or
subcommittee  or  other similar body of such public body.  A PUBLIC BODY
SHALL ALSO INCLUDE ANY ADVISORY COMMITTEE  TO  A  PUBLIC  BODY,  WHETHER
CREATED  BY  SUCH  PUBLIC BODY OR CREATED PURSUANT TO FEDERAL, STATE, OR
LOCAL LAW.
  S 2. This act shall take effect immediately.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01630-01-3

S1853A (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A1455A
Current Committee:
Law Section:
Public Officers Law
Laws Affected:
Amd §102, Pub Off L
Versions Introduced in Previous Legislative Sessions:
2013-2014: A1455
2011-2012: A522, S811
2009-2010: A4634, S1720

S1853A (ACTIVE) - Bill Texts

view summary

Includes an advisory committee within the definition of a public body for purposes of the open meetings law.

view sponsor memo
BILL NUMBER:S1853A

TITLE OF BILL: An act to amend the public officers law, in relation
to the definition of a public body pursuant to the open meetings law

PURPOSE: Relates to the definition of a public body pursuant to the
open meetings law.

SUMMARY OF PROVISIONS: Subdivision 2 of section 102 of the public
officers law, as amended by chapter 704 of the laws of 1979 and such
section as renumbered by chapter 652 of the laws of 1983, is amended.

JUSTIFICATION: Under current law, any public body that is comprised
of public officers and possesses decision-making authority, is subject
to the open meetings law. However, many times local government
officials appoint and/or create committees, often adversary in nature,
who hold routine meetings and have legitimate guidelines and mission
they must adhere to. These committees that are appointed by a public
body are not subject to the open meetings law.

It is the goal of this legislation to create greater transparency with
regard to government appointed entities who by nature, advise said
government on local matters.

LEGISLATIVE HISTORY: 2011-12 S.811; 2009-10 S.1720,

FISCAL IMPLICATIONS: None to state.

EFFECTIVE DATE: This act shall take effect immediately.

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

    S. 1853--A                                            A. 1455--A
    Cal. No. 154

                       2013-2014 Regular Sessions

                      S E N A T E - A S S E M B L Y

                               (PREFILED)

                             January 9, 2013
                               ___________

IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered print-
  ed,  and  when  printed  to  be committed to the Committee on Investi-
  gations and Government Operations  --  reported  favorably  from  said
  committee,  ordered  to  first  and  second report, ordered to a third
  reading, amended and ordered reprinted, retaining  its  place  in  the
  order of third reading

IN  ASSEMBLY  -- Introduced by M. of A. THIELE -- read once and referred
  to the Committee on Governmental 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  the  definition
  of a public body pursuant to the open meetings law

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

  Section 1. Subdivision 2 of section 102 of the public officers law, as
amended by chapter 704 of the laws of 1979 and such  section  as  renum-
bered by chapter 652 of the laws of 1983, is amended to read as follows:
  2.  "Public  body" means any entity, for which a quorum is required in
order to conduct public business and  which  consists  of  two  or  more
members,  performing  a  governmental  function  for the state or for an
agency or department thereof, or for a public corporation as defined  in
section  sixty-six  of  the  general  construction  law, or committee or
subcommittee OR ADVISORY COMMITTEE or other similar body of such  public
body.
  S 2. This act shall take effect immediately.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01630-02-3

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