S T A T E O F N E W Y O R K
________________________________________________________________________
3349
2021-2022 Regular Sessions
I N A S S E M B L Y
January 22, 2021
___________
Introduced by M. of A. ABINANTI -- read once and referred to the Commit-
tee on Governmental Operations
AN ACT to amend the public officers law, in relation to authorizing
public bodies to hold public meetings remotely; and providing for the
repeal of such provisions upon the expiration thereof
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 103 of the public officers law, as amended by chap-
ter 368 of the laws of 1977 and renumbered by chapter 652 of the laws of
1983, subdivision (c) as added by chapter 289 of the laws of 2000,
subdivision (d) as added by chapter 40 of the laws of 2010, subdivision
(d) as added by chapter 43 of the laws of 2010, subdivision (e) as added
by chapter 603 of the laws of 2011 and subdivision (f) as amended by
chapter 319 of the laws of 2016, is amended to read as follows:
§ 103. Open meetings and executive sessions. [(a)] 1. Every meeting
of a public body shall be open to the general public, except that an
executive session of such body may be called and business transacted
thereat in accordance with section ninety-five of this [article]
CHAPTER.
[(b)] 2. Public bodies shall make or cause to be made all reasonable
efforts to ensure that meetings THAT ARE NOT CONDUCTED REMOTELY are held
in facilities that permit barrier-free physical access to the physically
handicapped, as defined in subdivision five of section fifty of the
public buildings law.
[(c) A public body that uses videoconferencing to conduct its meetings
shall provide an opportunity for the public to attend, listen and
observe at any site at which a member participates.] 3. A PUBLIC BODY
MAY MEET REMOTELY, IN WHOLE OR IN PART, THROUGH THE USE OF A TELEPHONE
CONFERENCE, A VIDEO CONFERENCE, AND/OR OTHER SIMILAR TECHNOLOGY, WITHOUT
PERMITTING PUBLIC IN-PERSON ACCESS TO SUCH MEETINGS AND MAY TAKE ALL
ACTIONS AUTHORIZED BY THE LAW AT MEETINGS HELD REMOTELY PROVIDED:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08719-01-1
A. 3349 2
(A) THE MEETING IS CONDUCTED PURSUANT TO RULES APPROVED BY SUCH PUBLIC
BODY;
(B) THE PUBLIC HAS THE ABILITY TO VIEW OR LISTEN TO SUCH PROCEEDINGS
AND, WHERE APPROPRIATE, PROVIDE COMMENTS ELECTRONICALLY;
(C) THE MINUTES OF THE MEETING ARE RECORDED AND ARE LATER TRANSCRIBED;
(D) ALL REQUIRED DOCUMENTS AND RECORDS UTILIZED AT THE MEETING ARE
AVAILABLE IN AN ELECTRONIC FORMAT ON THE INTERNET AND UPON REQUEST; AND
(E) EACH NOTICE OF THE MEETING CLEARLY PROVIDES INSTRUCTIONS FOR THE
PARTICIPANTS AT THE MEETING TO ACCESS THE MEETING, LOCATE NECESSARY
DOCUMENTATION FOR THE MEETING AND SUBMIT COMMENTS AND NOTICE TO THE
GENERAL PUBLIC IN ACCORDANCE WITH SECTION ONE HUNDRED FOUR OF THIS ARTI-
CLE.
[(d)] 4. Public bodies shall make or cause to be made all reasonable
efforts to ensure that meetings THAT ARE NOT CONDUCTED REMOTELY are held
in an appropriate facility which can adequately accommodate members of
the public who wish to attend such meetings.
[(d) 1.] 5.(A) Any meeting of a public body that is NOT CONDUCTED
REMOTELY open to the public shall be open to being photographed, broad-
cast, webcast, or otherwise recorded and/or transmitted by audio or
video means. As used herein the term "broadcast" shall also include the
transmission of signals by cable.
[2.] (B) A public body may adopt rules, consistent with recommenda-
tions from the committee on open government, reasonably governing the
location of equipment and personnel used to photograph, broadcast,
webcast, or otherwise record a meeting THAT IS NOT CONDUCTED REMOTELY so
as to conduct its proceedings in an orderly manner. Such rules shall be
conspicuously posted during meetings and written copies shall be
provided upon request to those in attendance.
[(e)] 6. Agency records available to the public pursuant to article
six of this chapter, as well as any proposed resolution, law, rule,
regulation, policy or any amendment thereto, that is scheduled to be the
subject of discussion by a public body during an open meeting shall be
made available, upon request therefor, to the extent practicable as
determined by the agency or the department, prior to or at the meeting
during which the records will be discussed. Copies of such records may
be made available for a reasonable fee, determined in the same manner as
provided therefor in article six of this chapter. If the agency in which
a public body functions maintains a regularly and routinely updated
website and utilizes a high speed internet connection, such records
shall be posted on the website to the extent practicable as determined
by the agency or the department, prior to the meeting. An agency may,
but shall not be required to, expend additional moneys to implement the
provisions of this subdivision.
[(f)] 7. 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
A. 3349 3
by the governor (including any subsidiaries of such public authority or
public benefit corporation), other than an interstate or international
authority or public benefit corporation.
§ 2. This act shall take effect immediately and shall expire January
31, 2022, when upon such date the provisions of this act shall be deemed
repealed.