Assembly Bill A9765

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9765
 
                           I N  A S S E M B L Y
 
                               April 1, 2022
                                ___________
 
 Introduced  by  M.  of A. ZEBROWSKI, THIELE -- read once and referred to
   the Committee on Governmental Operations
 
 AN ACT to amend the public  officers  law,  in  relation  to  permitting
   videoconferencing  and  remote  participation in public meetings under
   certain circumstances; 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. The public officers law is amended by adding a new section
 103-a to read as follows:
   § 103-A. VIDEOCONFERENCING  BY  LOCAL  PUBLIC  BODIES.    1.  FOR  THE
 PURPOSES OF THIS SECTION, "LOCAL PUBLIC BODY" SHALL MEAN A PUBLIC CORPO-
 RATION  AS DEFINED IN SECTION SIXTY-SIX OF THE GENERAL CONSTRUCTION LAW,
 A POLITICAL SUBDIVISION AS DEFINED IN SECTION ONE HUNDRED OF THE GENERAL
 MUNICIPAL LAW OR A COMMITTEE OR SUBCOMMITTEE OR OTHER  SIMILAR  BODY  OF
 SUCH  ENTITY,  OR  ANY ENTITY FOR WHICH A QUORUM IS REQUIRED IN ORDER TO
 CONDUCT PUBLIC BUSINESS AND WHICH  CONSISTS  OF  TWO  OR  MORE  MEMBERS,
 PERFORMING  A  GOVERNMENTAL  FUNCTION  FOR  AN  ENTITY  LIMITED  IN  THE
 EXECUTION OF ITS OFFICIAL FUNCTIONS TO A PORTION ONLY OF THE STATE, OR A
 POLITICAL SUBDIVISION OF THE STATE, OR FOR AN AGENCY OR DEPARTMENT THER-
 EOF.
   2. A LOCAL PUBLIC BODY MAY, IN ITS DISCRETION,  USE  VIDEOCONFERENCING
 TO  CONDUCT  ITS  MEETINGS  PURSUANT TO THE REQUIREMENTS OF THIS ARTICLE
 PROVIDED THAT A MINIMUM NUMBER OF MEMBERS ARE  PRESENT  TO  FULFILL  THE
 LOCAL  PUBLIC  BODY'S  QUORUM  REQUIREMENT IN THE SAME PHYSICAL LOCATION
 WHERE THE PUBLIC CAN ATTEND AND THE FOLLOWING CRITERIA ARE MET: (A)  THE
 GOVERNING  BOARD  OF A COUNTY, CITY, TOWN OR VILLAGE HAS ADOPTED A LOCAL
 LAW, OR A LOCAL PUBLIC BODY HAS ADOPTED A RESOLUTION FOLLOWING A  PUBLIC
 HEARING, AUTHORIZING THE USE OF VIDEOCONFERENCING:
   (I) FOR ITSELF AND/OR ITS COMMITTEES OR SUBCOMMITTEES; OR,
   (II)  SPECIFYING  THAT EACH COMMITTEE OR SUBCOMMITTEE MAY MAKE ITS OWN
 DETERMINATION;
   (III) PROVIDED HOWEVER, EACH COMMUNITY BOARD IN A CITY  WITH  A  POPU-
 LATION OF ONE MILLION OR MORE SHALL MAKE ITS OWN DETERMINATION;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD15042-07-2
 A. 9765                             2
 
   (B) THE LOCAL PUBLIC BODY HAS ESTABLISHED WRITTEN PROCEDURES GOVERNING
 MEMBER  AND  PUBLIC ATTENDANCE AND/OR PARTICIPATION CONSISTENT WITH THIS
 SECTION, AND SUCH WRITTEN PROCEDURES SHALL BE  CONSPICUOUSLY  POSTED  ON
 THE PUBLIC WEBSITE OF THE LOCAL PUBLIC BODY;
   (C)  MEMBERS  OF  THE LOCAL PUBLIC BODY SHALL BE PHYSICALLY PRESENT AT
 ANY SUCH MEETING UNLESS SUCH MEMBER IS UNABLE TO BE  PHYSICALLY  PRESENT
 AT  ANY SUCH MEETING LOCATION DUE TO EXTRAORDINARY CIRCUMSTANCES, AS SET
 FORTH IN THE RESOLUTION AND WRITTEN PROCEDURES ADOPTED PURSUANT TO PARA-
 GRAPH (A) OF THIS SUBDIVISION, INCLUDING DISABILITY, ILLNESS,  OR  CARE-
 GIVING RESPONSIBILITIES;
   (D)  EXCEPT  IN  THE  CASE OF EXECUTIVE SESSIONS CONDUCTED PURSUANT TO
 SECTION ONE HUNDRED FIVE OF THIS ARTICLE, THE LOCAL  PUBLIC  BODY  SHALL
 ENSURE  THAT  MEMBERS  OF  THE  LOCAL PUBLIC BODY CAN BE HEARD, SEEN AND
 IDENTIFIED, WHILE THE MEETING IS  BEING  CONDUCTED,  INCLUDING  BUT  NOT
 LIMITED  TO  ANY  MOTIONS,  PROPOSALS, RESOLUTIONS, AND ANY OTHER MATTER
 FORMALLY DISCUSSED OR VOTED UPON;
   (E) THE MINUTES OF  THE  MEETINGS  INVOLVING  VIDEOCONFERENCING  SHALL
 INCLUDE WHICH, IF ANY, MEMBERS PARTICIPATED REMOTELY AND SHALL BE AVAIL-
 ABLE TO THE PUBLIC PURSUANT TO SECTION ONE HUNDRED SIX OF THIS ARTICLE;
   (F) IF  VIDEOCONFERENCING  IS  USED  TO  CONDUCT A MEETING, THE PUBLIC
 NOTICE FOR THE MEETING SHALL INFORM THE  PUBLIC  THAT  VIDEOCONFERENCING
 WILL BE USED, WHERE THE PUBLIC CAN VIEW AND/OR PARTICIPATE IN SUCH MEET-
 ING, AND IDENTIFY THE PHYSICAL LOCATION FOR THE MEETING WHERE THE PUBLIC
 CAN ATTEND;
   (G)  THE  LOCAL PUBLIC BODY SHALL PROVIDE THAT EACH SUCH MEETING SHALL
 BE RECORDED AND SUCH RECORDINGS POSTED OR LINKED ON THE  PUBLIC  WEBSITE
 OF  THE  LOCAL PUBLIC BODY WITHIN FIVE BUSINESS DAYS FOLLOWING THE MEET-
 ING, AND SHALL REMAIN  SO AVAILABLE FOR A MINIMUM OF FIVE  YEARS  THERE-
 AFTER. SUCH RECORDINGS SHALL BE TRANSCRIBED UPON REQUEST; AND,
   (H)  THE  LOCAL  PUBLIC BODY SHALL PERMIT MEMBERS OF THE PUBLIC TO USE
 VIDEOCONFERENCING TO PARTICIPATE IN ANY PUBLIC MEETING AT  WHICH  VIDEO-
 CONFERENCING  IS USED AND SHALL ENSURE THAT VIDEOCONFERENCING AUTHORIZES
 THE SAME PUBLIC PARTICIPATION OR TESTIMONY AS IN PERSON PARTICIPATION OR
 TESTIMONY.
   3. THE IN PERSON PARTICIPATION REQUIREMENTS OF PARAGRAPH (B) OF SUBDI-
 VISION TWO OF THIS SECTION SHALL NOT APPLY DURING A STATE DISASTER EMER-
 GENCY DECLARED BY THE GOVERNOR PURSUANT TO SECTION TWENTY-EIGHT  OF  THE
 EXECUTIVE  LAW,  OR  A  LOCAL STATE OF EMERGENCY PROCLAIMED BY THE CHIEF
 EXECUTIVE OF A COUNTY, CITY, VILLAGE OR TOWN PURSUANT TO  SECTION  TWEN-
 TY-FOUR  OF  THE  EXECUTIVE  LAW, IF THE PUBLIC BODY DETERMINES THAT THE
 CIRCUMSTANCES NECESSITATING THE EMERGENCY DECLARATION  WOULD  AFFECT  OR
 IMPAIR  THE  ABILITY OF THE LOCAL PUBLIC BODY TO HOLD AN IN PERSON MEET-
 ING.
   4. NO LATER THAN JANUARY FIRST TWO THOUSAND TWENTY-FOUR, THE COMMITTEE
 ON OPEN GOVERNMENT, CREATED BY  PARAGRAPH  (A)  OF  SUBDIVISION  ONE  OF
 SECTION  EIGHTY-NINE OF THIS CHAPTER, SHALL ISSUE A REPORT TO THE GOVER-
 NOR, THE TEMPORARY PRESIDENT OF THE SENATE, THE SPEAKER OF THE ASSEMBLY,
 THE CHAIR OF THE SENATE STANDING  COMMITTEE  ON  LOCAL  GOVERNMENT,  THE
 CHAIR  OF THE SENATE STANDING COMMITTEE ON INVESTIGATIONS AND GOVERNMENT
 OPERATIONS, THE CHAIR  OF  THE  ASSEMBLY  STANDING  COMMITTEE  ON  LOCAL
 GOVERNMENTS, AND THE CHAIR OF THE ASSEMBLY STANDING COMMITTEE ON GOVERN-
 MENTAL  OPERATIONS CONCERNING THE APPLICATION AND IMPLEMENTATION OF SUCH
 LAW AND ANY FURTHER RECOMMENDATIONS GOVERNING THE USE OF VIDEOCONFERENC-
 ING BY LOCAL PUBLIC BODIES TO CONDUCT MEETINGS PURSUANT TO THIS SECTION.
   § 2. Notwithstanding the provisions of article 7 of the  public  offi-
 cers  law  to  the  contrary, for sixty days after the effective date of
 A. 9765                             3
 
 this act any local public body shall be authorized to meet and take such
 action authorized by law without permitting in  public-in-person  access
 to  meetings  and authorize such meetings to be held remotely by confer-
 ence  call  or similar service, provided that the public has the ability
 to view or listen to such proceeding and that such meetings are recorded
 and later transcribed. For the purposes of this section,  "local  public
 body"  shall  mean any entity for which a quorum is required in order to
 conduct public business and which  consists  of  two  or  more  members,
 performing  a  governmental  function  for  an  entity  limited  in  the
 execution of its official functions to a portion only of the state, or a
 political subdivision of the state, or for an agency or department ther-
 eof,  public  corporation  pursuant  to  section  66  of   the   general
 construction law or political subdivision pursuant to section 100 of the
 general municipal law.
   §  3.  This  act shall take effect immediately and shall expire and be
 deemed repealed June 15, 2024.