NY State Senate Bill 2021-S7306

Senate Bill S7306

2021-2022 Legislative Session

Relates to the availability of agency records prior to or at an open meeting

download bill text pdf

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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 05, 2022	referred to investigations and government operations
Jul 28, 2021	referred to rules

2021-S7306 (ACTIVE) - Details

See Assembly Version of this Bill:: A7355
Current Committee:: Senate Investigations And Government Operations
Law Section:: Public Officers Law
Laws Affected:: Amd §103, Pub Off L
Versions Introduced in 2023-2024 Legislative Session:: A2506

2021-S7306 (ACTIVE) - Summary

Relates to the availability of agency records prior to or at an open meeting; removes the "to the extent practicable as determined by the agency or the department" limitation from the requirement that agencies and departments shall make records available.

2021-S7306 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S7306

SPONSOR: KAPLAN
 
TITLE OF BILL:

An act to amend the public officers law, in relation to the availability
of agency records prior to or at an open meeting

 
PURPOSE:

To make documents to be discussed at open meetings more accessible, to
the public.

 
SUMMARY OF PROVISIONS:

Section 1 amends section 103 of the public officers law to remove the
phrase "to the extent practicable" so that documents to be discussed at
open meetings are more accessible to the public.

Section 2 provides the effective date.

 
JUSTIFICATION:

The Open Meetings Law is intended to empower the public through the
availability and accessibility of meetings of public bodies. In an
effort to provide the public with useful information, section 103 of the
law also requires agencies to post and make available any documents
scheduled to be discussed prior to-such meetings. However, section 103
of the Open Meetings Law requires agencies to make any documents to be
discussed at an upcoming open meeting available to the public, "to the
extent practicable." This vague phrase has created loopholes and a way
for agencies to bypass this requirement.

COVID-19 has made it apparent that there is technology readily available
for agencies to use in an effort to be more transparent.  Meetings are
only taking place virtually and individuals are at an immense disadvan-
tage because there is no in-person opportunity to request a hard copy of
any documents at the meeting. Therefore, it is even more important that
agencies make documents that will be discussed at open meetings more
accessible to the public. This bill would remove the phrase "to the
extent practicable" from subdivision (e) of section 103 so that public
bodies can no longer ignore this requirement. This bill would make open
meeting documents more accessible to the public and would ultimately
equip the public with more information so they can understand the
actions and decisions of public bodies and hold authorities accountable.

 
LEGISLATIVE HISTORY:

New Bill

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
Immediately

2021-S7306 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7306
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                               July 28, 2021
                                ___________
 
 Introduced  by  Sen.  KAPLAN -- 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 the availability
   of agency records prior to or at an open meeting
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Subdivision (e) of section 103 of the public officers law,
 as added by chapter 603 of the laws of  2011,  is  amended  to  read  as
 follows:
   (e)  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 avail-
 able, 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 avail-
 able  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.
   § 2. This act shall take effect immediately.
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11161-01-1

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