The New York State Senate

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8155
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               July 7, 2021
                                ___________
 
 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 videoconferenc-
   ing at public meetings and requiring that  the  minutes  of  a  public
   meeting at which videoconferencing is used reflect such fact

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1.  Subdivisions (c) and (d) of  section  103  of  the  public
 officers  law,  subdivision  (c)  as added by chapter 289 of the laws of
 2000 and subdivision (d) as added by chapter 40 of the laws of 2010, are
 amended to read as follows:
   (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.
   (d)]  Public  bodies  shall  make  or  cause to be made all reasonable
 efforts to ensure that meetings are  held  in  an  appropriate  facility
 which  can  adequately  accommodate  members  of  the public who wish to
 attend such meetings.
   § 2. Subdivision 4 of section 104 of the public officers law, as added
 by chapter 289 of the laws of 2000, is amended to read as follows:
   4. If videoconferencing is used to conduct a meeting OR  SUCH  MEETING
 IS  BEING  HELD  BOTH  PHYSICALLY AT A LOCATION OR LOCATIONS OPEN TO THE
 PUBLIC AND ALSO VIRTUALLY BY ONE OR MORE MEMBERS OF THE PUBLIC BODY AT A
 LOCATION OR LOCATIONS NOT OPEN TO THE PUBLIC, the public notice for  the
 meeting  shall  inform the public that videoconferencing will be used[,]
 AND SHALL identify the PHYSICAL locations for the  meeting[,  and  state
 that  the  public  has  the  right  to  attend the meeting at any of the
 locations] THAT SHALL BE OPEN TO THE PUBLIC.
   § 3.  Section 106 of the public officers law is amended  by  adding  a
 new subdivision 4 to read as follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11849-01-1

 A. 8155                             2
 
   4.  THE  MINUTES  OF  A  MEETING SHALL REFLECT WHETHER THE MEETING WAS
 CONDUCTED BY ELECTRONIC MEANS IN WHOLE OR IN PART, THE TYPE OF ELECTRON-
 IC MEANS IF USED, WHICH IF ANY MEMBERS PARTICIPATED BY ELECTRONIC MEANS,
 WHEN EACH MEMBER PARTICIPATING BY ELECTRONIC MEANS JOINED  OR  LEFT  THE
 MEETING,  AND  ANY INTERRUPTION IN OR SUSPENSION OF THE MEETING DUE TO A
 TECHNICAL PROBLEM WITH THE ELECTRONIC MEANS SUPPORTING  THE  MEETING  IF
 USED.
   § 4.  This act shall take effect immediately.