Senate Bill S7261

2021-2022 Legislative Session

Relates to videoconferencing at public meetings and requiring that the minutes of a public meeting at which videoconferencing is used reflect such fact and the extent of such participation

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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
Jun 25, 2021	referred to rules

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2021-S7261 (ACTIVE) - Details

Current Committee:: Senate Investigations And Government Operations
Law Section:: Public Officers Law
Laws Affected:: Amd §§103, 104 & 106, Pub Off L

2021-S7261 (ACTIVE) - Summary

Relates to videoconferencing at public meetings; requires that the minutes of a public meeting at which videoconferencing is used reflect such fact and the extent of such participation.

2021-S7261 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S7261

SPONSOR: HOYLMAN
 
TITLE OF BILL:

An act to amend the public officers law, in relation to videoconferenc-
ing at public meetings and requiring that the minutes of a public meet-
ing at which videoconferencing is used reflect such fact

 
PURPOSE::

To allow public bodies the flexibility of continuing to hold virtual or
inperson/virtual hybrid meetings in accordance with the requirements of
New York's Open Meetings Law

 
SUMMARY OF PROVISIONS::

Section 1 of the bill repeals subdivision (c) of Section 103 of the
Public Officers Law.

Section 2 of the bill amends subdivision 4 of Section 104 of the Public

Officers Law to require meetings of public bodies to provide public
notice when a meeting is held virtually and to provide public notice
identifying physical locations that are open to the public when a meet-
ing is inperson/virtual hybrid.

Section 3 of the bill amends Section 106 of the Public Officers Law to
require the minutes of a meeting subject to the Open Meetings Law to
reflect whether the meeting was conducted by electronic means in whole
or in part, the type of electronic means used, which members partic-
ipated by electronic means, and other pertinent information.

Section 4 of the bill is the effective date.

 
JUSTIFICATION:

Under the New York State of Emergency for the COVID-19 pandemic, the
requirements of the Open Meetings Law were relaxed to allow meetings to
be more easily conducted over virtual platforms like Zoom. Many public
bodies, such as New York City Community Boards, found this flexibility
to be beneficial to holding meetings that were more easily attended by
the public than in-person meetings.

Upon the expiration of the State of Emergency on June 24, 2021, public
bodies including Community Boards are required to once again comply with
the Open Meetings Law statute, which technically requires that any
member of a public body who is joining a public meeting via videoconfer-
ence must allow the public to attend in-person at the location from
which the member of the public body is videoconference.  This legis-
lation would make sensible adjustments to the Open Meetings Law that
continues to ensure that the public has access to meetings by public
bodies, while giving members of public bodies more flexibility to
participate in the meetings via videoconferencing and other electronic
means from their homes.

 
LEGISLATIVE HISTORY::

None, new bill.

 
FISCAL IMPLICATIONS::

To be determined.

 
EFFECTIVE DATE::

This act shall take effect immediately.

2021-S7261 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7261
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                               June 25, 2021
                                ___________
 
 Introduced  by  Sen. HOYLMAN -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the public officers law, in relation to  videoconferenc-
   ing  at  public  meetings  and  requiring that the minutes of a public
   meeting at which videoconferencing is used reflect such fact

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.    Subdivisions  (c)  and (d) of section 103 of the public
 officers law, subdivision (c) as added by chapter 289  of  the  laws  of
 2000 and subdivision (d) as added by chapter 40 of the laws of 2010, are
 amended to read as follows:
   (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.
   (d)] Public bodies shall make or  cause  to  be  made  all  reasonable
 efforts  to  ensure  that  meetings  are held in an appropriate facility
 which can adequately accommodate members  of  the  public  who  wish  to
 attend such meetings.
   § 2. 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  videoconferencing is used to conduct a meeting OR SUCH MEETING
 IS BEING HELD BOTH PHYSICALLY AT A LOCATION OR  LOCATIONS  OPEN  TO  THE
 PUBLIC AND ALSO VIRTUALLY BY ONE OR MORE MEMBERS OF THE PUBLIC BODY AT A
 LOCATION  OR LOCATIONS NOT OPEN TO THE PUBLIC, the public notice for the
 meeting shall inform the public that videoconferencing will  be  used[,]
 AND  SHALL  identify  the PHYSICAL locations for the meeting[, and state
 that the public has the right to  attend  the  meeting  at  any  of  the
 locations] THAT SHALL BE OPEN TO THE PUBLIC.
   §  3.    Section 106 of the public officers law is amended by adding a
 new subdivision 4 to read as follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11849-01-1

 S. 7261                             2
 
   4. THE MINUTES OF A MEETING SHALL  REFLECT  WHETHER  THE  MEETING  WAS
 CONDUCTED BY ELECTRONIC MEANS IN WHOLE OR IN PART, THE TYPE OF ELECTRON-
 IC MEANS IF USED, WHICH IF ANY MEMBERS PARTICIPATED BY ELECTRONIC MEANS,
 WHEN  EACH  MEMBER  PARTICIPATING BY ELECTRONIC MEANS JOINED OR LEFT THE
 MEETING,  AND  ANY INTERRUPTION IN OR SUSPENSION OF THE MEETING DUE TO A
 TECHNICAL PROBLEM WITH THE ELECTRONIC MEANS SUPPORTING  THE  MEETING  IF
 USED.
   § 4.  This act shall take effect immediately.

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Senate Bill S7261

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

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co-Sponsors

2021-S7261 (ACTIVE) - Details

2021-S7261 (ACTIVE) - Summary

2021-S7261 (ACTIVE) - Sponsor Memo

2021-S7261 (ACTIVE) - Bill Text download pdf

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Sponsored By

Brad Hoylman-Sigal

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

Actions

co-Sponsors

Alessandra Biaggi

Robert Jackson

Liz Krueger

Gustavo Rivera

2021-S7261 (ACTIVE) - Details

2021-S7261 (ACTIVE) - Summary

2021-S7261 (ACTIVE) - Sponsor Memo

2021-S7261 (ACTIVE) - Bill Text download pdf

Comments