NY State Senate Bill 2021-S4521

Archive: Last Bill Status - In Senate Committee Investigations And Government Operations Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 05, 2022	referred to investigations and government operations
Feb 05, 2021	referred to investigations and government operations

2021-S4521 (ACTIVE) - Details

See Assembly Version of this Bill:: A3349
Current Committee:: Senate Investigations And Government Operations
Law Section:: Public Officers Law
Laws Affected:: Amd §103, Pub Off L

2021-S4521 (ACTIVE) - Summary

Authorizes public bodies to hold public meetings remotely.

2021-S4521 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S4521

SPONSOR: HARCKHAM
 
TITLE OF BILL:

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

 
PURPOSE OR GENERAL IDEA OF BILL:

To authorize all public bodies to conduct their meetings, caucuses and
conventions remotely due to the COVID-19 virus through January 31, 2022.

 
SUMMARY OF PROVISIONS:

Section 1 amends the public officers law section 103 as amended and
renumbered, subdivisions (c), (d), (e) and subdivision (f) as amended to
provide that a public body may meet remotely, in whole or in part,
through 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:

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 later transcribed;
d) All documents and records utilized at the meeting are available in
electronic format on the internet and upon request; and
e) Each notice of the meeting provides clear instructions for partic-
ipants to access the meeting, locate documentation for the meeting and
submit comments.

Section 2 is the effective date.

 
JUSTIFICATION:

The COVID-19 virus has prevented public bodies from safely conducting
in-person public meetings. The Public Officers Law which governs the
conduct of public meetings does not presently permit remote meetings.
Accordingly, Governor Cuomo has repeatedly issued executive orders
allowing these public meetings to be temporarily conducted remotely.
(For example, Executive Order No.  202.87 authorizing public bodies to
conduct remote meetings expires January 29, 2021.)

Awaiting the Governor's repeated renewal of his executive order injects
uncertainty into the government planning process. The change in law
authorizing remote meetings should be done by the legislature.  The
authorization should be done for a lengthy fixed period to allow govern-
ment officials to notice future public meetings and hearings.  This
legislation accomplishes those goals.

2021-S4521 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4521
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 5, 2021
                                ___________
 
 Introduced  by Sen. HARCKHAM -- read twice and ordered printed, and when
   printed to be committed to the Committee on Investigations and Govern-
   ment 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08719-01-1

 S. 4521                             2
 
 PERMITTING  PUBLIC  IN-PERSON  ACCESS  TO SUCH MEETINGS AND MAY TAKE ALL
 ACTIONS AUTHORIZED BY THE LAW AT MEETINGS HELD REMOTELY PROVIDED:
   (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

 S. 4521                             3
 
 mean a public authority or public  benefit  corporation  created  by  or
 existing under any state law, at least one of whose members is appointed
 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.

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Senate Bill S4521

Sponsored By

Archive: Last Bill Status - In Senate Committee Investigations And Government Operations Committee

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2021-S4521 (ACTIVE) - Details

2021-S4521 (ACTIVE) - Summary

2021-S4521 (ACTIVE) - Sponsor Memo

2021-S4521 (ACTIVE) - Bill Text download pdf

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Sponsored By

Pete Harckham

Archive: Last Bill Status - In Senate Committee Investigations And Government Operations Committee

Actions

2021-S4521 (ACTIVE) - Details

2021-S4521 (ACTIVE) - Summary

2021-S4521 (ACTIVE) - Sponsor Memo

2021-S4521 (ACTIVE) - Bill Text download pdf

Comments