NY State Senate Bill 2015-S308A

Senate Bill S308A

2015-2016 Legislative Session

Requires state authorities to conduct open meetings and provide an internet broadcast of its meetings, where practicable

download bill text pdf

Archive: Last Bill Status - In Senate Committee Corporations, Authorities And Commissions 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
May 03, 2016	amended by restoring to previous print 308a
Apr 18, 2016	amend (t) and recommit to corporations, authorities and commissions
Jan 06, 2016	referred to corporations, authorities and commissions
Jun 09, 2015	print number 308a
Apr 18, 2016	print number 308b
Jun 09, 2015	amend (t) and recommit to corporations, authorities and commissions
Jan 07, 2015	referred to corporations, authorities and commissions

Bill Amendments

Original

A (Active)

2015-S308 - Details

Current Committee:: Senate Corporations, Authorities And Commissions
Law Section:: Public Officers Law
Laws Affected:: Amd §§2824-b & 2824-c, Pub Auth L
Versions Introduced in 2013-2014 Legislative Session:: S7587

2015-S308 - Summary

Requires state authorities to conduct open meetings and provide an internet broadcast of its meetings.

2015-S308 - Sponsor Memo

2015-S308 - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   308

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2015
                               ___________

Introduced by Sen. ESPAILLAT -- read twice and ordered printed, and when
  printed  to be committed to the Committee on Corporations, Authorities
  and Commissions

AN ACT to amend the public authorities law,  in  relation  to  requiring
  open  meetings  and  the  internet  broadcast of open meetings of each
  state authority and local authority

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  The  public  authorities law is amended by adding two new
sections 2824-b and 2824-c to read as follows:
  S 2824-B. OPEN MEETINGS. EACH  STATE  AUTHORITY  AND  LOCAL  AUTHORITY
SHALL  BE SUBJECT TO THE PROVISIONS OF ARTICLE SEVEN OF THE PUBLIC OFFI-
CERS LAW.
  S 2824-C. INTERNET BROADCAST OF OPEN MEETINGS. 1. EACH STATE AUTHORITY
AND LOCAL AUTHORITY SHALL BROADCAST OVER THE INTERNET,  LIVE  VIDEO  AND
AUDIO  OF EACH OPEN MEETING HELD BY THE AUTHORITY. THE TIME AND PLACE OF
EACH SUCH MEETING SHALL BE CONSPICUOUSLY POSTED ON THE  STATE  AUTHORITY
OR  LOCAL  AUTHORITY'S  INTERNET WEBSITE AT LEAST ONE WEEK PRIOR TO SUCH
MEETING.
  2. ALL MEETINGS BROADCAST IN ACCORDANCE WITH SUBDIVISION ONE  OF  THIS
SECTION  SHALL  BE RECORDED, ARCHIVED, AND MADE ACCESSIBLE TO THE PUBLIC
ON ITS WEBSITE FOR AT LEAST ONE YEAR AFTER THE DATE OF THE MEETING.
  3. THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL MEETINGS  OF  THE
BOARD AND ITS COMMITTEES, BUT SHALL NOT APPLY TO EXECUTIVE SESSIONS HELD
IN ACCORDANCE WITH ARTICLE SEVEN OF THE PUBLIC OFFICERS LAW.
  4.  EACH STATE AUTHORITY AND LOCAL AUTHORITY WHICH: (A) HAS REVENUE OF
LESS THAN ONE MILLION DOLLARS; (B) HAS OUTSTANDING BONDS OR DEBT OF LESS
THAN ONE MILLION DOLLARS; AND (C) IS ALLOCATED  LESS  THAN  ONE  MILLION
DOLLARS  IN STATE, COUNTY OR MUNICIPAL ANNUAL APPROPRIATIONS, MAY WAIVE,
FOR A PERIOD OF ONE YEAR, THE REQUIREMENTS SET FORTH IN SUBDIVISIONS ONE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

                                                           LBD01911-01-5

S. 308                              2

AND TWO OF THIS SECTION, IF VOTED UPON AND APPROVED BY THE BOARD OF  THE
STATE AUTHORITY OR LOCAL AUTHORITY.
  5.  EACH  STATE  AUTHORITY  AND LOCAL AUTHORITY THAT APPROVES A WAIVER
PURSUANT TO SUBDIVISION FOUR OF THIS SECTION SHALL BE REQUIRED TO SATIS-
FY THE REQUIREMENTS OF SUBDIVISIONS ONE AND TWO OF THIS SECTION IF  THEY
SURPASS ANY OF THE RESPECTIVE ONE MILLION DOLLAR THRESHOLDS SET FORTH IN
SUBDIVISION FOUR OF THIS SECTION, IN ANY FISCAL YEAR.
  6.  ANY AGGRIEVED PERSON SHALL HAVE STANDING TO ENFORCE THE PROVISIONS
OF THIS SECTION AGAINST A STATE AUTHORITY  OR  LOCAL  AUTHORITY  BY  THE
COMMENCEMENT  OF  A  PROCEEDING PURSUANT TO ARTICLE SEVENTY-EIGHT OF THE
CIVIL PRACTICE LAW AND RULES, OR AN ACTION FOR DECLARATORY JUDGEMENT AND
INJUNCTIVE RELIEF. IN ANY SUCH ACTION OR PROCEEDING, IF A  COURT  DETER-
MINES  THAT  A  STATE AUTHORITY OR LOCAL AUTHORITY FAILED TO COMPLY WITH
THIS SECTION, THE COURT SHALL HAVE THE POWER, IN  ITS  DISCRETION,  UPON
GOOD CAUSE SHOWN, TO DECLARE THAT THE STATE AUTHORITY OR LOCAL AUTHORITY
VIOLATED  THIS  SECTION  AND/OR  DECLARE THE ACTION TAKEN IN RELATION TO
SUCH VIOLATION VOID, IN WHOLE OR  IN  PART,  WITHOUT  PREJUDICE  TO  THE
RECONSIDERATION IN COMPLIANCE WITH THIS SECTION.
  7.  IN  ANY  PROCEEDING  BROUGHT  PURSUANT  TO THIS SECTION, COSTS AND
REASONABLE ATTORNEY FEES MAY BE AWARDED BY THE COURT, IN ITS DISCRETION,
TO THE SUCCESSFUL PARTY.
  S 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law.

2015-S308A (ACTIVE) - Details

Current Committee:: Senate Corporations, Authorities And Commissions
Law Section:: Public Officers Law
Laws Affected:: Amd §§2824-b & 2824-c, Pub Auth L
Versions Introduced in 2013-2014 Legislative Session:: S7587

2015-S308A (ACTIVE) - Summary

Requires state authorities to conduct open meetings and provide an internet broadcast of its meetings.

2015-S308A (ACTIVE) - Sponsor Memo

2015-S308A (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 308--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2015
                               ___________

Introduced by Sen. ESPAILLAT -- read twice and ordered printed, and when
  printed  to be committed to the Committee on Corporations, Authorities
  and  Commissions  --  committee  discharged,  bill  amended,   ordered
  reprinted as amended and recommitted to said committee

AN  ACT  to  amend  the public authorities law, in relation to requiring
  open meetings and the internet broadcast  of  open  meetings  of  each
  state authority

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The public authorities law is amended  by  adding  two  new
sections 2824-b and 2824-c to read as follows:
  S  2824-B. OPEN MEETINGS. EACH STATE AUTHORITY SHALL BE SUBJECT TO THE
PROVISIONS OF ARTICLE SEVEN OF THE PUBLIC OFFICERS LAW.
  S 2824-C. INTERNET BROADCAST OF OPEN MEETINGS. 1. EACH STATE AUTHORITY
SHALL BROADCAST OVER THE INTERNET, LIVE VIDEO AND  AUDIO  OF  EACH  OPEN
MEETING  HELD  BY THE AUTHORITY. THE TIME AND PLACE OF EACH SUCH MEETING
SHALL BE CONSPICUOUSLY POSTED ON THE STATE AUTHORITY'S INTERNET  WEBSITE
AT LEAST ONE WEEK PRIOR TO SUCH MEETING.
  2.  ALL  MEETINGS BROADCAST IN ACCORDANCE WITH SUBDIVISION ONE OF THIS
SECTION SHALL BE RECORDED, ARCHIVED, AND MADE ACCESSIBLE TO  THE  PUBLIC
ON ITS WEBSITE FOR AT LEAST ONE YEAR AFTER THE DATE OF THE MEETING.
  3.  THE  PROVISIONS OF THIS SECTION SHALL APPLY TO ALL MEETINGS OF THE
BOARD AND ITS COMMITTEES, BUT SHALL NOT APPLY TO EXECUTIVE SESSIONS HELD
IN ACCORDANCE WITH ARTICLE SEVEN OF THE PUBLIC OFFICERS LAW.
  4. EACH STATE AUTHORITY WHICH:  (A)  HAS  REVENUE  OF  LESS  THAN  ONE
MILLION  DOLLARS;  (B)  HAS  OUTSTANDING  BONDS OR DEBT OF LESS THAN ONE
MILLION DOLLARS; AND (C) IS ALLOCATED LESS THAN ONE MILLION  DOLLARS  IN
STATE, COUNTY OR MUNICIPAL ANNUAL APPROPRIATIONS, MAY WAIVE, FOR A PERI-
OD  OF  ONE YEAR, THE REQUIREMENTS SET FORTH IN SUBDIVISIONS ONE AND TWO

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01911-04-5

S. 308--A                           2

OF THIS SECTION, IF VOTED UPON AND APPROVED BY THE BOARD  OF  THE  STATE
AUTHORITY.
  5. EACH STATE AUTHORITY THAT APPROVES A WAIVER PURSUANT TO SUBDIVISION
FOUR  OF  THIS  SECTION SHALL BE REQUIRED TO SATISFY THE REQUIREMENTS OF
SUBDIVISIONS ONE AND TWO OF THIS SECTION IF  THEY  SURPASS  ANY  OF  THE
RESPECTIVE  ONE  MILLION DOLLAR THRESHOLDS SET FORTH IN SUBDIVISION FOUR
OF THIS SECTION, IN ANY FISCAL YEAR.
  6. ANY AGGRIEVED PERSON SHALL HAVE STANDING TO ENFORCE THE  PROVISIONS
OF  THIS  SECTION  AGAINST  A  STATE  AUTHORITY BY THE COMMENCEMENT OF A
PROCEEDING PURSUANT TO ARTICLE SEVENTY-EIGHT OF THE CIVIL  PRACTICE  LAW
AND RULES, OR AN ACTION FOR DECLARATORY JUDGEMENT AND INJUNCTIVE RELIEF.
IN  ANY  SUCH  ACTION  OR PROCEEDING, IF A COURT DETERMINES THAT A STATE
AUTHORITY FAILED TO COMPLY WITH THIS SECTION, THE COURT SHALL  HAVE  THE
POWER,  IN  ITS  DISCRETION,  UPON GOOD CAUSE SHOWN, TO DECLARE THAT THE
STATE AUTHORITY VIOLATED THIS SECTION AND/OR DECLARE THE ACTION TAKEN IN
RELATION TO SUCH VIOLATION VOID, IN WHOLE OR IN PART, WITHOUT  PREJUDICE
TO THE RECONSIDERATION IN COMPLIANCE WITH THIS SECTION.
  S 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law.

2015-S308B - Details

Current Committee:: Senate Corporations, Authorities And Commissions
Law Section:: Public Officers Law
Laws Affected:: Amd §§2824-b & 2824-c, Pub Auth L
Versions Introduced in 2013-2014 Legislative Session:: S7587

2015-S308B - Summary

Requires state authorities to conduct open meetings and provide an internet broadcast of its meetings.

2015-S308B - Sponsor Memo

                                 BILL NUMBER:  S308B

 TITLE OF BILL :

An act to amend the public officers law, in relation to requiring open
meetings and the internet broadcast of open meetings of each state
authority, where practicable

 PURPOSE OR GENERAL IDEA OF BILL :

This bill would require state authorities to webcast, record, archive
and provide access to their meetings via the Internet to the public.

 SUMMARY OF SPECIFIC PROVISIONS :

Section 1. Subdivision (f) of section 103 of the public officers law,
2 as added by chapter 519 of the laws of 2015, is amended to read as 3
follows:

(f) Open meetings of an agency or authority shall be, to the extent
practicable and within available funds, broadcast to the public and 6
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
posted on such website within and for a reasonable time after the

meeting.

 JUSTIFICATION :

This bill would ensure that the public business being performed at
state and local public benefit corporations is in an open and public
manner which is essential to the maintenance of a democratic society
and to the ensure transparency and accountability at state public
authorities. New affordable and innovative technology allows all
public authorities to webcast their meetings. This bill would
modernize the open meeting law for the 21st century. Under this law,
New Yorkers would be provided a window into the secluded board rooms
where decisions impacting the public happen every day. Just as the
state legislative proceeding are webcast and archived so should the
entities that are delegated legislative authority. For the majority of
the public who cannot personally attend board meetings, this would
allow them to access them from home, at work or at a time/place
convenient for them.

 PRIOR LEGISLATIVE HISTORY :

This is a new bill.

 FISCAL IMPLICATIONS :

Undetermined

 EFFECTIVE DATE :
This act shall take effect 180 days after it shall become law.

2015-S308B - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 308--B

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2015
                               ___________

Introduced by Sen. ESPAILLAT -- read twice and ordered printed, and when
  printed  to be committed to the Committee on Corporations, Authorities
  and  Commissions  --  committee  discharged,  bill  amended,   ordered
  reprinted  as amended and recommitted to said committee -- recommitted
  to the Committee  on  Corporations,  Authorities  and  Commissions  in
  accordance  with  Senate  Rule 6, sec. 8 -- committee discharged, bill
  amended, ordered reprinted as amended and recommitted to said  commit-
  tee

AN  ACT  to amend the public officers law, in relation to requiring open
  meetings and the internet broadcast of open  meetings  of  each  state
  authority, where practicable

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision (f) of section 103 of the public officers  law,
as  added  by  chapter  519  of  the laws of 2015, is amended to read as
follows:
  (f) 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
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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

                                                           LBD01911-09-6

S. 308--B                           2

PUBLIC BENEFIT CORPORATION), OTHER THAN AN INTERSTATE  OR  INTERNATIONAL
AUTHORITY OR PUBLIC BENEFIT CORPORATION.
  S 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law.

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Senate Bill S308A

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Sponsored By

Adriano Espaillat

Archive: Last Bill Status - In Senate Committee Corporations, Authorities And Commissions Committee

Bill Amendments

2015-S308 - Details

2015-S308 - Summary

2015-S308 - Sponsor Memo

2015-S308 - Bill Text download pdf

2015-S308A (ACTIVE) - Details

2015-S308A (ACTIVE) - Summary

2015-S308A (ACTIVE) - Sponsor Memo

2015-S308A (ACTIVE) - Bill Text download pdf

2015-S308B - Details

2015-S308B - Summary

2015-S308B - Sponsor Memo

2015-S308B - Bill Text download pdf

Comments