NY State Senate Bill 2023-S584

Senate Bill S584

2023-2024 Legislative Session

Provides a videoconferencing exemption from the open meetings law for certain community boards and other entities

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Current 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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2024	referred to investigations and government operations
Jan 05, 2023	referred to investigations and government operations

co-Sponsors

2023-S584 (ACTIVE) - Details

Current Committee:: Senate Investigations And Government Operations
Law Section:: Public Officers Law
Laws Affected:: Amd §§103 & 104, Pub Off L
Versions Introduced in 2021-2022 Legislative Session:: S7809

2023-S584 (ACTIVE) - Summary

Provides a videoconferencing exemption from the open meetings law for certain community boards, the board of education of the city school district of the city of New York and for certain community councils and any other public body of which the majority of the public body's membership are uncompensated, except for necessary expenses.

2023-S584 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S584

SPONSOR: HOYLMAN
 
TITLE OF BILL:

An act to amend the public officers law, in relation to providing a
videoconferencing exemption from the open meetings law for certain
community boards and certain other public bodies

 
PURPOSE:

To authorize New York City community boards and certain other public
bodies to utilize remote meeting options.

 
SUMMARY OF PROVISIONS:

Section 1 of the bill amends subdivision (C) of Section 103 of the
public officers law, to exempt New York City community boards, the board
of education of the city of New York, and community education councils,
or any other public body of which more than half of the members are
uncompensated, from this subdivision which requires public bodies to
allow the public to attend, listen, and observe at any site at which

video conferencing is available.

Section 2 of the bill amends subdivision 4 of section 104 of the public
officers law to exempt New York City community boards, the board of
education of the city of New York, and community education councils, or
any other public body of which more than half of the members are uncom-
pensated, from the requirement to allow the public to attend public
meetings at any location where videoconferencing will be used. Further
the subdivision is amended to clarify community boards shall inform the
public via the required public notice of the internet address at which
members of the public can view a meeting.

Section 3 of the bill is the effective date.

 
JUSTIFICATION:

When the pandemic made it unsafe to conduct public business in person,
New York City Community Boards and other voluntary public bodies
successfully transitioned to videoconferencing software to host the
frequent meetings they are required to have.

In the process, community boards, other voluntary public bodies, and the
public they serve have demonstrated how useful these tools are for all
that wish to participate in our most local form of democracy.  We saw
participation levels and diversity of all kinds increase in these impor-
tant deliberative bodies.

Parents with children who might not be able to take hours of their even-
ing at a community meeting before, now videoconferenced in to discuss
local concerns. Busy working adults and younger community members were
more easily able to participate in community board meetings. Those with
disabilities and mobility issues who previously struggled to:geb)around
town to join meetings, were able to easily attend public meetings and
have their voice heard. Videoconferencing has been a boon to our local
democracy and empowered countless New Yorkers to participate in their
communities more fully.

The benefits we have experienced due to the advent of videoconferencing
in these public bodies was triggered by the pandemic but should be made
permanent. This bill updates antiquated public officers law to adapt to
new technologies and facilitate video-conferencing by exempting communi-
ty boards, the board of education of the city of New York, and community
education councils, or any other public body of which more than half of
the members are uncompensated, from the requirement to have each
location made open and public where videoconferencing is available. In
practice, this meant that the home of each individual public body member
participating in a public meeting had to be open to the public. This
legislation resolves this issue and allows the public to continue enjoy-
ing remote access to these vital community meetings during this current
surge in COVID-19 cases and also moving forward once this pandemic
finally ends.

 
LEGISLATIVE HISTORY:

S.7809A of 2021-2022 (Hoylman): Died in Investigations and Government
Operations

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2023-S584 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    584
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              January 5, 2023
                                ___________
 
 Introduced  by  Sens.  HOYLMAN, KRUEGER, MYRIE, RIVERA -- 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 providing a
   videoconferencing exemption from the open  meetings  law  for  certain
   community boards and certain other public bodies
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision (c) of section 103 of the public officers  law,
 as  added by section 1 of part WW of chapter 56 of the laws of  2022, is
 amended to read as follows:
   (c) A public body shall provide  an  opportunity  for  the  public  to
 attend, listen and observe meetings in at least one physical location at
 which  a  member participates, PROVIDED THIS SUBDIVISION SHALL NOT APPLY
 TO COMMUNITY BOARDS ESTABLISHED PURSUANT TO SECTION TWENTY-EIGHT HUNDRED
 OF THE NEW YORK CITY CHARTER, THE BOARD  OF EDUCATION OF THE CITY SCHOOL
 DISTRICT OF THE CITY OF NEW YORK AND THE COMMUNITY COUNCILS  ESTABLISHED
 PURSUANT TO SECTION TWENTY-FIVE HUNDRED NINETY-B OF THE EDUCATION LAW OR
 ANY OTHER PUBLIC BODY OF WHICH THE MAJORITY OF THE PUBLIC BODY'S MEMBER-
 SHIP ARE UNCOMPENSATED, EXCEPT FOR NECESSARY EXPENSES.
   §  1-a.  Subdivision (c) of section 103 of the public officers law, as
 added by chapter 289 of the laws of 2000, is 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, PROVIDED THIS SUBDI-
 VISION SHALL NOT APPLY  TO  COMMUNITY  BOARDS  ESTABLISHED  PURSUANT  TO
 SECTION  TWENTY-EIGHT HUNDRED OF THE NEW YORK CITY CHARTER, THE BOARD OF
 EDUCATION OF THE CITY SCHOOL DISTRICT OF THE CITY OF NEW  YORK  AND  THE
 COMMUNITY  COUNCILS  ESTABLISHED PURSUANT TO SECTION TWENTY-FIVE HUNDRED
 NINETY-B OF THE EDUCATION LAW OR ANY OTHER  PUBLIC  BODY  OF  WHICH  THE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02672-01-3
 S. 584                              2

 
 MAJORITY  OF  THE PUBLIC BODY'S MEMBERSHIP ARE UNCOMPENSATED, EXCEPT FOR
 NECESSARY EXPENSES.
   § 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, the public
 notice for the meeting shall inform the  public  that  videoconferencing
 will be used, identify the locations for the meeting, and state that the
 public  has  the  right  to  attend the meeting at any of the locations,
 PROVIDED THIS SUBDIVISION SHALL NOT APPLY  TO  COMMUNITY  BOARDS  ESTAB-
 LISHED  PURSUANT  TO  SECTION  TWENTY-EIGHT HUNDRED OF THE NEW YORK CITY
 CHARTER, THE BOARD OF EDUCATION OF THE CITY SCHOOL DISTRICT OF THE  CITY
 OF  NEW  YORK AND THE COMMUNITY COUNCILS ESTABLISHED PURSUANT TO SECTION
 TWENTY-FIVE HUNDRED NINETY-B OF THE EDUCATION LAW OR  ANY  OTHER  PUBLIC
 BODY OF WHICH THE MAJORITY OF THE PUBLIC BODY'S MEMBERSHIP ARE UNCOMPEN-
 SATED,  EXCEPT FOR NECESSARY EXPENSES, EXCEPT THAT THE PUBLIC NOTICE FOR
 THE MEETING SHALL INFORM THE PUBLIC THAT VIDEOCONFERENCING WILL BE  USED
 AND  IDENTIFY  THE  INTERNET  ADDRESS AT WHICH MEMBERS OF THE PUBLIC CAN
 VIEW THE MEETING, AND, WHEN REQUIRED, PARTICIPATE  IN  SUCH  MEETING  OR
 OTHERWISE PROVIDE COMMENT.
   §  3.  This act shall take effect immediately; provided, however, that
 the amendments to subdivision (c) of section 103 of the public  officers
 law  made by section one  of this act shall be subject to the expiration
 and reversion of such subdivision pursuant to section 4 of  part  WW  of
 chapter  56  of  the  laws  of 2022, as amended, when upon such date the
 provisions of section one-a of this act shall take effect.

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Senate Bill S584

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Sponsored By

Brad Hoylman-Sigal