Senate Bill S447

2021-2022 Legislative Session

Relates to compliance with the open meetings law during a state disaster emergency

download bill text pdf

Sponsored By

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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2021-S447 (ACTIVE) - Details

Current Committee:
Senate Investigations And Government Operations
Law Section:
Public Officers Law
Laws Affected:
Amd §103, Pub Off L
Versions Introduced in 2019-2020 Legislative Session:
S8116

2021-S447 (ACTIVE) - Summary

Relates to compliance with the open meetings law during a state disaster emergency; provides that during a state disaster emergency, a public body in the affected area may make a determination that, as a direct result of the state disaster emergency, complying with a particular requirement of the open meetings law would unduly threaten the health or safety of members of the public body or the general public.

2021-S447 (ACTIVE) - Sponsor Memo

2021-S447 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    447
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced by Sens. HOYLMAN, BENJAMIN, BROOKS, JACKSON, KAPLAN, KRUEGER,
   SEPULVEDA  --  read  twice and ordered printed, and when printed to be
   committed to the Committee on Investigations and Government Operations
 
 AN ACT to amend the public officers law, in relation to compliance  with
   the open meetings law during a state disaster emergency; 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. Subdivision (a) of section 103 of the public officers  law,
 as  amended  by  chapter  368  of the laws of 1977, and as renumbered by
 chapter 652 of the laws of 1983, is amended and a new subdivision (g) is
 added to read as follows:
   (a) Every meeting of a public  body  shall  be  open  to  the  general
 public,  EXCEPT  AS  PROVIDED  IN  SUBDIVISION  (G) OF THIS SECTION, AND
 except that an executive session of such body may be called and business
 transacted thereat in accordance with section ninety-five of this [arti-
 cle] CHAPTER.
   (G) 1. DURING A STATE DISASTER EMERGENCY, AS DEFINED IN SECTION TWENTY
 OF THE EXECUTIVE LAW, A PUBLIC BODY IN THE  AFFECTED  AREA  MAY  MAKE  A
 DETERMINATION  THAT, AS A DIRECT RESULT OF THE STATE DISASTER EMERGENCY,
 COMPLYING WITH A PARTICULAR REQUIREMENT OF  THIS  SECTION  WOULD  UNDULY
 THREATEN  THE  HEALTH  OR  SAFETY  OF  MEMBERS OF THE PUBLIC BODY OR THE
 GENERAL PUBLIC.
   2. A PUBLIC BODY MAKING SUCH A DETERMINATION  SHALL  ENSURE  THAT  THE
 MEETING  OF  SUCH  PUBLIC  BODY  IS AS COMPLIANT WITH THE INTENT OF THIS
 ARTICLE AS IS PRACTICABLE, AND SHALL  PROMPTLY  PROVIDE  NOTICE  TO  THE
 GENERAL  PUBLIC  PURSUANT  TO  SECTION  ONE HUNDRED FOUR OF THIS ARTICLE
 DETAILING: (I) THE PARTICULAR REQUIREMENT OF THIS SECTION THAT THE MEET-
 ING WILL NOT COMPLY WITH; (II) AN EXPLANATION OF HOW COMPLYING WITH  THE
 PARTICULAR  REQUIREMENT  WOULD  UNDULY  THREATEN THE HEALTH OR SAFETY OF
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

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