Senate Bill S308A

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

                                   308

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2015
                               ___________

Introduced by Sen. ESPAILLAT -- read twice and ordered printed, and when
  printed  to be committed 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

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

                                                           LBD01911-01-5

S. 308                              2

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
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.

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

                                 308--B

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2015
                               ___________

Introduced by Sen. ESPAILLAT -- read twice and ordered printed, and when
  printed  to be committed to the Committee on Corporations, Authorities
  and  Commissions  --  committee  discharged,  bill  amended,   ordered
  reprinted  as amended and recommitted to said committee -- recommitted
  to the Committee  on  Corporations,  Authorities  and  Commissions  in
  accordance  with  Senate  Rule 6, sec. 8 -- committee discharged, bill
  amended, ordered reprinted as amended and recommitted to said  commit-
  tee

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

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

  Section 1. Subdivision (f) of section 103 of the public officers  law,
as  added  by  chapter  519  of  the laws of 2015, is amended to read as
follows:
  (f) Open meetings of an agency OR AUTHORITY shall be,  to  the  extent
practicable  and  within  available  funds,  broadcast to the public and
maintained as records of the agency  OR  AUTHORITY.  If  the  agency  OR
AUTHORITY  maintains  a  website  and  utilizes  a  high  speed internet
connection, such open meeting shall be, to the  extent  practicable  and
within available funds, streamed on such website in real-time, and post-
ed  on  such website within and for a reasonable time after the meeting.
For the purposes of this subdivision, the term "agency" shall mean  only
a  state  department, board, bureau, division, council or office and any
public corporation the majority of whose members are  appointed  by  the
governor.  FOR  PURPOSES OF THIS SUBDIVISION, THE TERM "AUTHORITY" SHALL
MEAN A PUBLIC AUTHORITY OR PUBLIC  BENEFIT  CORPORATION  CREATED  BY  OR
EXISTING UNDER ANY STATE LAW, AT LEAST ONE OF WHOSE MEMBERS IS APPOINTED
BY  THE GOVERNOR (INCLUDING ANY SUBSIDIARIES OF SUCH PUBLIC AUTHORITY OR

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

                                                           LBD01911-09-6

S. 308--B                           2

PUBLIC BENEFIT CORPORATION), OTHER THAN AN INTERSTATE  OR  INTERNATIONAL
AUTHORITY OR PUBLIC BENEFIT CORPORATION.
  S 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law.