S T A T E O F N E W Y O R K
________________________________________________________________________
8367
2021-2022 Regular Sessions
I N A S S E M B L Y
October 20, 2021
___________
Introduced by M. of A. GALEF, THIELE, FAHY, DURSO -- read once and
referred to the Committee on Governmental Operations
AN ACT to amend the public officers law and the public buildings law, in
relation to authorizing the public to participate in public meetings
in person or remotely
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivisions (b) and (d) of section 103 of the public offi-
cers law, subdivision (b) as added by chapter 368 of the laws of 1977
and subdivision (d) as added by chapter 43 of the laws of 2010, are
amended to read as follows:
(b) Public bodies shall make or cause to be made all reasonable
efforts to ensure that meetings are held in facilities that permit
barrier-free physical access to [the physically handicapped] PERSONS
WITH DISABILITIES, as defined in subdivision five of section fifty of
the public buildings law.
(d) 1. Any meeting of a public body that is open to the public shall
be open to being photographed, broadcast, 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. ANY MEETING OF A PUBLIC BODY SHALL ALLOW THE PUBLIC TO PARTICIPATE
IN THE MEETING IN PERSON OR REMOTELY THROUGH THE USE OF A TELEPHONE
CONFERENCE, A VIDEO CONFERENCE AND/OR OTHER SIMILAR TECHNOLOGY.
3. A public body may adopt rules, consistent with recommendations from
the committee on open government, reasonably governing the location of
equipment and personnel used to photograph, broadcast, webcast, or
otherwise record a meeting so as to conduct its proceedings in an order-
ly manner. Such rules shall be conspicuously posted during meetings and
written copies shall be provided upon request to those in attendance.
§ 2. Subdivision 5 of section 50 of the public buildings law, as added
by chapter 656 of the laws of 1972, is amended to read as follows:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11932-02-1
A. 8367 2
5. ["Physically handicapped"] "PERSONS WITH DISABILITIES" means
(a) impairment requiring confinement to a wheel chair; or
(b) impairment causing difficulty or insecurity in walking or climbing
stairs or requiring the use of braces, crutches or other artificial
supports; or impairment caused by amputation, arthritis, spastic condi-
tion or pulmonary, cardiac or other ills rendering the individual semi-
ambulatory; or
(c) total or partial impairment of hearing or sight causing insecurity
or likelihood of exposure to danger in public places; or
(d) impairment due to conditions of aging and incoordination.
§ 3. This act shall take effect immediately.