NY State Senate Bill 2021-S1150A

Senate Bill S1150A

Signed By Governor

2021-2022 Legislative Session

Relates to making certain documents available for open meetings

download bill text pdf

Archive: Last Bill Status Via A1228 - Signed by Governor

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

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Oct 19, 2021	signed chap.481
Oct 13, 2021	delivered to governor
Jun 08, 2021	returned to assembly passed senate 3rd reading cal.1139 substituted for s1150a
Jun 08, 2021	substituted by a1228a
May 24, 2021	advanced to third reading
May 20, 2021	2nd report cal.
May 18, 2021	1st report cal.1139
Apr 19, 2021	print number 1150a
Apr 19, 2021	amend and recommit to investigations and government operations
Jan 07, 2021	referred to investigations and government operations

Votes

- Jun 8, 2021 - Floor Vote
  A1228
  
  63
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 8, 2021
      
      aye (63)
      
      Addabbo Jr.
      
      Akshar
      
      Bailey
      
      Benjamin
      
      Biaggi
      
      Borrello
      
      Boyle
      
      Breslin
      
      Brisport
      
      Brooks
      
      Brouk
      
      Comrie
      
      Cooney
      
      Felder
      
      Gallivan
      
      Gaughran
      
      Gianaris
      
      Gounardes
      
      Griffo
      
      Harckham
      
      Helming
      
      Hinchey
      
      Hoylman-Sigal
      
      Jackson
      
      Jordan
      
      Kaminsky
      
      Kaplan
      
      Kavanagh
      
      Kennedy
      
      Krueger
      
      Lanza
      
      Liu
      
      Mannion
      
      Martucci
      
      Mattera
      
      May
      
      Mayer
      
      Myrie
      
      O'Mara
      
      Oberacker
      
      Ortt
      
      Palumbo
      
      Parker
      
      Persaud
      
      Ramos
      
      Rath III
      
      Reichlin-Melnick
      
      Ritchie
      
      Rivera
      
      Ryan
      
      Salazar
      
      Sanders Jr.
      
      Savino
      
      Sepúlveda
      
      Serino
      
      Serrano
      
      Skoufis
      
      Stavisky
      
      Stec
      
      Stewart-Cousins
      
      Tedisco
      
      Thomas
      
      Weik
  May 18, 2021 - Investigations And Government Operations Committee Vote
  S1150A
  
  7
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Investigations And Government Operations Committee Vote: May 18, 2021
      
      aye (7)
      
      Biaggi
      
      Gaughran
      
      Kaminsky
      
      O'Mara
      
      Palumbo
      
      Reichlin-Melnick
      
      Skoufis

Bill Amendments

Original

A (Active)

co-Sponsors

2021-S1150 - Details

See Assembly Version of this Bill:: A1228
Law Section:: Public Officers Law
Laws Affected:: Amd §103, Pub Off L
Versions Introduced in 2019-2020 Legislative Session:: A10983

2021-S1150 - Summary

Requires certain documents to be made available for open meetings.

2021-S1150 - Sponsor Memo

                                
 
BILL NUMBER: S1150

SPONSOR: KAPLAN
 
TITLE OF BILL:

An act to amend the public officers law, in relation to making certain
documents available for open meetings

 
PURPOSE:

To make documents to be discussed at open meetings available to the
Public and to require local governments live stream open meetings and
public hearing, as well as to make these recordings available on their
website for a minimum of five years.

 
SUMMARY OF PROVISIONS:

Section 1 removes the phrase "to the extent practicable" from subdivi-
sion e of section 103 of the public officers law. This Section also
requires local governments to the extent practicable stream all open
meetings and public hearings on its website in real time. Further, this

section requires video recordings to be posted within five days of the
meeting or public hearing, and shall maintain these recordings for not
less than five years.

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. In an analysis of 41 local
governments conducted by the New York Coalition for Open Government, 15
percent do not post meeting documents.

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 utilize the technology available to post documents online where
the public can effectively access them.

This bill would remove the "to the extent practicable" clause from
subdivision e of section 103 so that agencies are no longer able to
evade the posting requirement. This bill would equip the public with
more information so they can understand the actions and decisions of
public bodies and hold authorities accountable.

During the COVID-19 Pandemic, Governor Cuomo has issued an executive
order calling for the live streaming of public meetings as local govern-
ments met remotely. Local governments adjusted and were able to comply
with this executive order, and the public has embraced this increased
accessibility to their elected officials. In Buffalo, a City Council
meeting had over 18,000 views, and in Ogdensburg a server crashed as
over 3,000 constituents attempted to view the meeting. These are two
examples that show how embraced this concept is by the public. Govern-
ment, both on the State and Local level should be doing everything
possible to increase public participation, and this legislation attempts
to increase accessibility to the public. In addition, Chapter 185, of
the Laws of 2019 required IDA's to adhere to the same requirements as
constructed within this legislation.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
Immediately.

2021-S1150 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1150
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              January 7, 2021
                                ___________
 
 Introduced  by  Sen.  KAPLAN -- read twice and ordered printed, and when
   printed to be committed to the Committee on Investigations and Govern-
   ment Operations
 
 AN ACT to amend the public officers law, in relation to  making  certain
   documents available for open meetings

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivisions (e) and (f) of section 103 of the public offi-
 cers law, subdivision (e) as added by chapter 603 of the  laws  of  2011
 and  subdivision  (f) as amended by chapter 319 of the laws of 2016, are
 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,] AT LEAST TWENTY-FOUR HOURS prior to [or
 at] the meeting during which the records will be  discussed.  Copies  of
 such  records  may be made available 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,] AT LEAST TWENTY-FOUR
 HOURS prior to the meeting. An agency may, but shall not be required to,
 expend additional moneys to implement the provisions  of  this  subdivi-
 sion.
   (f)  Open meetings of [an agency or authority] A PUBLIC BODY shall be,
 to the extent practicable and within available funds, broadcast  to  the
 public  and  maintained  as  records of the [agency or authority] PUBLIC
 BODY. If the [agency or authority] PUBLIC BODY maintains a  website  and
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD02143-01-1

 S. 1150                             2
 
 utilizes  a  high speed internet connection, such open meeting shall be,
 to the extent practicable and within available  funds,  streamed  on  OR
 AVAILABLE  THROUGH  such  website  in real-time, and VIDEO RECORDINGS OF
 SUCH  OPEN  MEETING SHALL BE posted on such website within FIVE BUSINESS
 DAYS OF THE MEETING and for a reasonable time after the meeting AND SUCH
 RECORDINGS SHALL BE MAINTAINED FOR A PERIOD OF NOT LESS THAN FIVE YEARS.
 [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
 public  benefit  corporation), other than an interstate or international
 authority or public benefit corporation.]
   § 2. This act shall take effect immediately.

co-Sponsors

2021-S1150A (ACTIVE) - Details

See Assembly Version of this Bill:: A1228
Law Section:: Public Officers Law
Laws Affected:: Amd §103, Pub Off L
Versions Introduced in 2019-2020 Legislative Session:: A10983

2021-S1150A (ACTIVE) - Summary

Requires certain documents to be made available for open meetings.

2021-S1150A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S1150A

SPONSOR: KAPLAN
 
TITLE OF BILL:

An act to amend the public officers law, in relation to making certain
documents available for open meetings

 
PURPOSE:

To make documents to be discussed at open meetings available to the
public.

 
SUMMARY OF PROVISIONS:

Section 1 amends the public officers law to require documents to be
discussed at open meetings be made available upon request or posted on
the public body's website at least 24 hours prior to such open meeting.

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. In an anal-
ysis of 41 local governments conducted by the New York Coalition for
Open Government, 15 percent do not post meeting documents.

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 utilize the technology available to post documents online where
the public can effectively access them.

This bill would add language to section 103 of the public officers law
to require open meeting documents be available upon request or posted to
the public body's website at least 24 hours prior to the open meeting at
which such documents will be discussed. This bill would equip the public
with more information so they can understand the actions and decisions
of public bodies and hold authorities accountable.

 
LEGISLATIVE HISTORY:

A.10983-A, 2020, referred to governmental operations

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect on the thirtieth day after it shall have
become a law.

2021-S1150A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1150--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              January 7, 2021
                                ___________
 
 Introduced  by  Sens. KAPLAN, COONEY, GIANARIS -- read twice and ordered
   printed, and when printed to be committed to the Committee on Investi-
   gations  and  Government  Operations  --  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  making  certain
   documents available for open meetings
 
   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,] AT LEAST TWENTY-FOUR HOURS prior to [or
 at] the meeting during which the records will be  discussed.  Copies  of
 such  records  may be made available 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,] AT LEAST TWENTY-FOUR
 HOURS prior to the meeting. An agency may, but shall not be required to,
 expend additional moneys to implement the provisions  of  this  subdivi-
 sion.
   §  2.  This  act shall take effect on the thirtieth day after it shall
 have become a law.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02143-03-1

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Senate Bill S1150A

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Sponsored By

Anna M. Kaplan

Archive: Last Bill Status Via A1228 - Signed by Governor

Bill Amendments

co-Sponsors

Jeremy A. Cooney

Michael Gianaris

2021-S1150 - Details

2021-S1150 - Summary

2021-S1150 - Sponsor Memo

2021-S1150 - Bill Text download pdf

co-Sponsors

Jeremy A. Cooney

Michael Gianaris

2021-S1150A (ACTIVE) - Details

2021-S1150A (ACTIVE) - Summary

2021-S1150A (ACTIVE) - Sponsor Memo

2021-S1150A (ACTIVE) - Bill Text download pdf

Comments