Assembly Bill A9024

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9024
 
                           I N  A S S E M B L Y
 
                             January 21, 2022
                                ___________
 
 Introduced  by M. of A. SIMON -- read once and referred to the Committee
   on Governmental Operations
 
 AN ACT to amend the public officers  law,  in  relation  to  authorizing
   members  of public bodies and members of the public to appear at meet-
   ings using teleconferencing, videoconferencing, or similar technology
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 1 of section 102 of the public officers law, as
 amended  by  chapter  289  of  the  laws  of 2000, is amended to read as
 follows:
   1. "Meeting" means the official convening of a  public  body  for  the
 purpose  of conducting public business, including the use of TELECONFER-
 ENCING, videoconferencing  OR  SIMILAR  TECHNOLOGY  for  attendance  and
 participation  by the members of the public body. PARTICIPATION BY TELE-
 CONFERENCING, VIDEOCONFERENCING, OR SIMILAR TECHNOLOGY SHALL  CONSTITUTE
 PRESENCE IN PERSON AND COUNTED FOR QUORUM PURPOSES.
   §  2.  Subdivision  (c)  of section 103 of the public officers law, as
 added by chapter 289 of the laws of 2000, is amended to read as follows:
   (c) A public body that  uses  TELECONFERENCING,  videoconferencing  OR
 SIMILAR  TECHNOLOGY to conduct its meetings shall provide an opportunity
 for the public to attend, listen and observe at  any  site  at  which  a
 member  participates.  SUCH SITE MAY INCLUDE THE INTERNET ADDRESS OF THE
 WEBSITE STREAMING SUCH MEETING IF SUCH MEETING IS OCCURRING WHOLLY USING
 TELECONFERENCING, VIDEOCONFERENCING OR SIMILAR TECHNOLOGY. IF SUCH MEET-
 ING IS OCCURRING PARTIALLY USING TELECONFERENCING, VIDEOCONFERENCING  OR
 SIMILAR TECHNOLOGY, THE PUBLIC BODY SHALL PROVIDE BOTH ANY PHYSICAL SITE
 AT  WHICH  A MEMBER PARTICIPATES AND THE INTERNET WEBSITE STREAMING SUCH
 MEETING. SUCH WEBSITE SHALL INCLUDE A MEANS FOR THE PUBLIC TO  CONTEMPO-
 RANEOUSLY PARTICIPATE IN SUCH MEETINGS ELECTRONICALLY.
   § 3. Section 103 of the public officers law is amended by adding a new
 subdivision (g) to read as follows:
   (G)  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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13064-02-1
              

 A. 9024                             2
 
 TECHNOLOGY  AND  MAY TAKE ALL ACTIONS AUTHORIZED BY LAW AT MEETINGS HELD
 REMOTELY PROVIDED:
   1.  THE MEETING IS CONDUCTED PURSUANT TO RULES APPROVED BY SUCH PUBLIC
 BODY;
   2. THE PUBLIC HAS THE ABILITY TO VIEW OR LISTEN  TO  SUCH  PROCEEDINGS
 AND CONTEMPORANEOUSLY PARTICIPATE ELECTRONICALLY;
   3. THE MINUTES OF THE MEETING ARE RECORDED AND ARE LATER TRANSCRIBED;
   4.  ALL  REQUIRED  DOCUMENTS  AND  RECORDS UTILIZED AT THE MEETING ARE
 AVAILABLE IN AN ELECTRONIC FORMAT ON THE INTERNET AND UPON REQUEST; AND
   5. 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.
   § 4. 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  TELECONFERENCING,  videoconferencing  OR SIMILAR TECHNOLOGY is
 used to conduct a meeting, INCLUDING IF ANY MEMBER ATTENDING SUCH  MEET-
 ING  IS  ATTENDING USING TELECONFERENCING, VIDEOCONFERENCING, OR SIMILAR
 TECHNOLOGY, the public notice for the meeting shall  inform  the  public
 that  TELECONFERENCING,  videoconferencing OR SIMILAR TECHNOLOGY will be
 used, identify the locations for the meeting AND  THE  INTERNET  WEBSITE
 STREAMING  SUCH  MEETING,  and  state  that  the public has the right to
 attend AND PARTICIPATE IN the meeting at any of the locations, INCLUDING
 VIA THE INTERNET WEBSITE STREAMING SUCH MEETING.
   § 5. Subdivision 2 of section 105 of the public officers law, as added
 by chapter 511 of the laws of 1976 and such  section  as  renumbered  by
 chapter 652 of the laws of 1983, is amended to read as follows:
   2. Attendance at an executive session shall be permitted to any member
 of  the public body and any other persons authorized by the public body.
 MEMBERS AND ANY OTHER PERSONS AUTHORIZED BY THE  PUBLIC  BODY  SHALL  BE
 PERMITTED  TO  APPEAR THROUGH THE USE OF A TELEPHONE CONFERENCE, A VIDEO
 CONFERENCE, AND/OR OTHER SIMILAR TECHNOLOGY.
   § 6. This act shall take effect immediately.