S T A T E   O F   N E W   Y O R K
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                                  5990

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                              June 17, 2015
                               ___________

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

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 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
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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01911-06-5
              

S. 5990                             2

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.