BILL NUMBER: S1625A

SPONSOR: SKOUFIS
 
TITLE OF BILL:

An act to amend the public officers law, in relation to amending the
definition of a "public body"

 
PURPOSE OR GENERAL IDEA OF BILL:

This bill will require that entities created or appointed to perform a
necessary governmental function in the decision-making process are
subject to the Open Meetings Law.

 
SUMMARY OF PROVISIONS:

Section one of the bill amends subdivision two of section 102 of the
public officers law to require that an entity created or appointed to
perform a necessary governmental function in the decision-making process
be included in the definition of a "public body", and therefore subject
to the provisions of the Open Meetings Law. A necessary function in the
              

decision-making process shall not include the provision of recommenda-
tions or guidance which is purely advisory and which does not require
further action by the state or agency or department thereof or public
corporation as defined in section sixty-six of the general construction
law

Section two provides the effective date.

 
JUSTIFICATION:

"It is essential to the maintenance of a democratic society that the
public business be performed in an open and public manner; and the citi-
zens of this State be fully aware of and able to observe the perform-
ances of public officials and attend and listen to the deliberations and
decisions that go into the making of public policy; and the people must
be able to remain informed if they are to retain control over those who
are their public servants; and the Open Meetings Law requires every
meeting of a public body shall be open to the general public." This
directive, an excerpt from Executive Order first issued in 2007 and
reaffirmed by Governor Cuomo was issued in an effort to achieve openness
and transparency in access to the governmental decision-making process.

Nevertheless, there are a number of bodies created by executive order or
created to perform functions in the governmental decision-making proc-
ess, that are not subject to the Open Meetings Law. Due to this, these
bodies conduct business behind closed doors and have excluded interested
parties who have attempted to attend its sessions. In keeping with
recent legislative initiatives aimed at greater transparency, these
bodies should be open to public scrutiny. The work of our state's public
bodies has a profound effect on the functioning of government and it is
essential to our democratic process that members of the public are fully
aware of and have the opportunity to observe the deliberations and deci-
sions that go into the making of public policy.  This legislation will
ensure that those bodies which play a key role in the decision making
process are covered by the Open Meetings Law, even if they do not have
the authority to make final and binding decisions.

 
LEGISLATIVE HISTORY:
A.526A, 2020, referred to governmental operations / S.2959A, 2020,
advanced to third reading.

A.526A, 2019, amended and recommitted to governmental operations/
S.2959A, 2019, passed Senate.

A.5783, 2017 and 2018, referred to governmental operations. Similar to

A.1389 of 2015 and 2016, referred to governmental operations.

A. 413, 2013 and 2014 referred to governmental operations. A.74, 2011
and 2012 referred to governmental operations. A.3081, 2009 and 2010
referred to governmental operations. A.11085, 2008 referred to rules.

Same as 5.2422 of 23015 and 2015, referred to investigations and govern-
mental operations.

S.1548, 2013 and 2014 referred to investigations and governmental oper-
ations.

S.1772, 2011 and 2012 referred to investigations and governmental oper-
ations.

Same as S.3247, 2009 and 2010 referred to investigations and govern-
mental operations.

Same as S.7424A, 2008 passed in the Senate.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.