S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10177
 
                           I N  A S S E M B L Y
 
                              March 24, 2020
                                ___________
 
 Introduced by M. of A. PAULIN -- read once and referred to the Committee
   on Governmental Operations
 
 AN  ACT to amend the public officers law, in relation to compliance with
   the open meetings law during a state disaster emergency; and providing
   for the repeal of such provisions upon expiration thereof
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Subdivision (a) of section 103 of the public officers law,
 as amended by chapter 368 of the laws of  1977,  and  as  renumbered  by
 chapter 652 of the laws of 1983, is amended and a new subdivision (g) is
 added to read as follows:
   (a)  Every  meeting  of  a  public  body  shall be open to the general
 public, EXCEPT AS PROVIDED IN  SUBDIVISION  (G)  OF  THIS  SECTION,  AND
 except that an executive session of such body may be called and business
 transacted thereat in accordance with section ninety-five of this [arti-
 cle] CHAPTER.
   (G) 1. DURING A STATE DISASTER EMERGENCY, AS DEFINED IN SECTION TWENTY
 OF  THE  EXECUTIVE  LAW,  A  PUBLIC BODY IN THE AFFECTED AREA MAY MAKE A
 DETERMINATION THAT, AS A DIRECT RESULT OF THE STATE DISASTER  EMERGENCY,
 COMPLYING  WITH  A  PARTICULAR  REQUIREMENT OF THIS SECTION WOULD UNDULY
 THREATEN THE HEALTH OR SAFETY OF MEMBERS  OF  THE  PUBLIC  BODY  OR  THE
 GENERAL PUBLIC.
   2.  A  PUBLIC  BODY  MAKING SUCH A DETERMINATION SHALL ENSURE THAT THE
 MEETING OF SUCH PUBLIC BODY IS AS COMPLIANT  WITH  THE  INTENT  OF  THIS
 ARTICLE  AS  IS  PRACTICABLE,  AND  SHALL PROMPTLY PROVIDE NOTICE TO THE
 GENERAL PUBLIC PURSUANT TO SECTION ONE  HUNDRED  FOUR  OF  THIS  ARTICLE
 DETAILING: (I) THE PARTICULAR REQUIREMENT OF THIS SECTION THAT THE MEET-
 ING  WILL NOT COMPLY WITH; (II) AN EXPLANATION OF HOW COMPLYING WITH THE
 PARTICULAR REQUIREMENT WOULD UNDULY THREATEN THE  HEALTH  OR  SAFETY  OF
 MEMBERS  OF  THE  PUBLIC  BODY  OR  THE  GENERAL  PUBLIC;  AND  (III)  A
 DESCRIPTION OF ALTERNATE MEANS BY WHICH THE PUBLIC CAN  MONITOR,  WATCH,
 LISTEN TO, PARTICIPATE IN, AND/OR ATTEND THE MEETING.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD15865-01-0
              

 A. 10177                            2
 
   3. SUCH DETERMINATION SHALL BE CONSIDERED A FINAL DETERMINATION BY THE
 PUBLIC  BODY,  AND SHALL BE SUBJECT TO CHALLENGE PURSUANT TO SECTION ONE
 HUNDRED SEVEN OF THIS ARTICLE.
   §  2.  This  act shall take effect immediately and shall expire and be
 deemed repealed December 31, 2022.