NY State Senate Bill 2021-S8716

Senate Bill S8716

2021-2022 Legislative Session

Provides for the conducting of meetings by public bodies through the use of videoconferencing or other electronic means

download bill text pdf

Archive: Last 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
Apr 05, 2022	referred to investigations and government operations

2021-S8716 (ACTIVE) - Details

Current Committee:: Senate Investigations And Government Operations
Law Section:: Public Officers Law
Laws Affected:: Amd §§102, 103, 104 & 106, Pub Off L
Versions Introduced in 2023-2024 Legislative Session:: S3486

2021-S8716 (ACTIVE) - Summary

Provides for the conducting of meetings by public bodies through the use of videoconferencing or other electronic means and sets rules and procedures related thereto.

2021-S8716 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S8716

SPONSOR: SKOUFIS
 
TITLE OF BILL:

An act to amend the public officers law, in relation to providing for
the conducting of meetings by public bodies through the use of videocon-
ferencing or other electronic means

 
PURPOSE:

This proposal authorizes both State and local public to conduct their
meetings in a hybrid-virtual manner, utilizing videoconferencing or
other electronic means, pursuant to meeting certain requirements.

 
SUMMARY OF PROVISIONS:

Section One: Establishes a new definition for local public bodies, to
mean any entity for which a quorum is required in order to conduct
public business and which consists of two or more members, performing a
governmental function for an entity limited in the execution of its
official functions to a portion only of the state, or a political subdi-

vision of the state, or for an agency or department thereof.  Applies
technical changes to existing Open Meetings Law (OML) provisions to
include "or other electronic means".

Section Two: Provides the authorization for State and local public
bodies to utilize videoconferencing or other electronic means to conduct
business pursuant to OML if the following conditions are met:  (i) a
quorum of members attend all open meetings in person at a public site,
and may allow other members of the body to fully participate remotely,
including being counted for attendance and voting, pursuant to rules
approved by such public body; (ii) the public has the ability to view or
listen to meetings and, where appropriate, provide real-time
comments;(iii) the minutes of the meeting are recorded and later tran-
scribed;(iv) all required documents and records utilized at the meeting
are available in an electronic format on the internet and upon request
within twenty-four hours;(v)each notice of a hybrid virtual meeting
clearly provides instructions for participants to access the meeting,
locate necessary documentation for the meeting and submit comments and
notice to the general public;(vi)at least twenty-four hours prior to the
meeting, the public body conducting the meeting identifies an individual
to serve as a public point of contact for the meeting to address any
questions and/or concerns members of the public or the press may have
regarding the meeting;(vii) the videoconferencing or other electronic
means utilized to conduct the hybrid virtual meeting satisfy basic secu-
rity and performance standards in accordance with this proposal; and
(viii) any local public body maintaining a website, utilizing a high
speed internet connection, and utilizing videoconferencing is required
to stream all open meetings and public hearings on its official website
in real-time.

This section also requires public bodies to provide an opportunity for
the public to comment in real time by any available means during the
time allocated for public comment. Public bodies must adopt and make
publicly available rules or policies that are reasonable and treat all
members of the public equally, regarding public comment in any meeting
of a public body that is open to the public, utilizes videoconferencing

or other electronic means to conduct business, and allows for public
comment.

The Committee on Open Government would be required to establish advisory
guidelines governing public body rules and policies at open public body
meetings that allow for public comment, including, but not limited to,
guidelines regarding how a public body may moderate real time public
comment and guidelines establishing the best practices and standards
regarding real time public comment at public body meetings that are open
to the public and which utilize videoconferencing or other electronic
means for conducting business.  The Committee on Open Government, in
conjunction with the Office of Information Technology Services, is
required to establish advisory guidelines governing public bodies on the
basic security and technology performance requirements relating to
videoconferencing services and other electronic means utilized to
conduct open meetings.

Section Three: Establishes notice and streaming requirements for virtual
hybrid meetings including requiring all public bodies maintaining a
website and utilizing a high speed internet connection shall be
required, to the extent practicable, to stream all open meetings and
public hearings on its official website in real-time.

Section Four: Provides requirements for minutes and the recording and
transcription of meeting minutes. Each public body must post video
recordings of all open meetings and public hearings streamed in real-
time on its website within five business days of the meeting or hearing
and must maintain recordings for at least five years. The minutes of a
meeting are to reflect whether the meeting was conducted by videoconfer-
encing or other electronic means in whole or in part, what videoconfer-
encing services or other electronic means were used to conduct the meet-
ing, which if any members participated by videoconference or other
electronic means, when each member participating by videoconferencing or
other electronic means joined or left the meeting, and any interruptions
in or suspensions of the meeting due to technical problems with the
videoconferencing services or other electronic means supporting the
meeting.

Section Five: Provides an immediate effective date.

 
EXISTING LAW:

Chapter 1 of the Laws of 2022 extends the authorization for virtual open
meetings through April 15, 2022. The Chapter took effect immediately and
will expire upon the expiration of the State Disaster Emergency declared
pursuant to Executive Order 11.4.

 
JUSTIFICATION:

The current authorization for virtual meetings was granted pursuant to
an Executive Order extending provisions of Chapter 1 of the Laws of 2022
- which is set to expire April 15, 2022.

In mid-March, when Executive Order 11.3 was set to expire on March 15,
2022, approximately 15 advocacy groups called on the State Legislature
and the Governor to amend Open Meetings Law to allow for hybrid open
meetings, emphasizing their importance for members of the disabled
community and parents of young children. In response to advocates and at
the request of many local public bodies, the Executive extended Execu-
tive Order 11 in Executive Order 11.4, to allow for the temporary
authorization to conduct meetings virtually for another month.

Yet again the State is facing the expiration of another temporary Execu-
tive authorization to bypass Open Meetings Law provisions and hold meet-
ings virtually. This legislation would provide a means for hybrid virtu-
al meetings to continue indefinitely.

 
LEGISLATIVE HISTORY:

Executive Order Number 202.1 of 2020 provided the original authorization
to conduct open meetings virtually during a State Disaster Emergency.
This temporary authorization was utilized by State and local public
bodies up until the State Disaster Emergency declaration expired in June
25, 2021.

On September 2, 2021, the Governor signed into Law Chapter 417 of the
Laws of 2021 which again authorized any public body "to meet and take
such action authorized by law without permitting in public in-person
access to meetings and authorize such meetings to be held remotely by
conference call or similar service, provided that the public has the
ability to view or listen to such proceeding and that such meetings are
recorded and later transcribed." Chapter 417 was a temporary measure
designed to permit the Legislature to take up additional legislation on
virtual open meetings when Session reconvened in January 2022. The
proposal expired by operation of law on January 15, 2022.

On January 14, 2022, the Governor signed into Law Chapter 1 of the Laws
of 2022 amending Chapter 417 of the Laws of 2021 to authorize any public
body to conduct open meetings virtually without permitting in public
in-person access to meetings and to authorize open meetings to be held
remotely by teleconference or videoconferencing services, provided that
the public has the ability to view or listen to such proceeding and that
such meetings are recorded and later transcribed. Chapter 1 took effect
immediately and expires upon the expiration with the declaration of a
State Disaster Emergency pursuant to Executive Order 11.4 which has
extended Executive Order 11 through April 15, 2022.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2021-S8716 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8716
 
                             I N  S E N A T E
 
                               April 5, 2022
                                ___________
 
 Introduced  by  Sen. SKOUFIS -- 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  providing  for
   the  conducting of meetings by public bodies through the use of video-
   conferencing or other electronic means

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 1 of section 102 of the public officers law, as
 amended  by chapter 289 of the laws of 2000, is amended and a new subdi-
 vision 4 is added to read as follows:
   1. "Meeting" means the official convening of a  public  body  for  the
 purpose of conducting public business, including the use of videoconfer-
 encing OR OTHER ELECTRONIC MEANS for attendance and participation by the
 members of the public body.
   4.  "LOCAL  PUBLIC  BODY"  SHALL MEAN ANY ENTITY FOR WHICH A QUORUM IS
 REQUIRED IN ORDER TO CONDUCT PUBLIC BUSINESS AND WHICH CONSISTS  OF  TWO
 OR MORE MEMBERS, PERFORMING A GOVERNMENTAL FUNCTION FOR AN ENTITY LIMIT-
 ED  IN THE  EXECUTION  OF  ITS  OFFICIAL  FUNCTIONS  TO  A PORTION  ONLY
 OF THE STATE, OR A POLITICAL SUBDIVISION OF THE STATE, OR FOR AN  AGENCY
 OR DEPARTMENT THEREOF.
   § 2. Section 103 of the public officers law, as amended by chapter 368
 of  the  laws  of  1977  and as renumbered by chapter 652 of the laws of
 1983, subdivision (c) as added by chapter  289  of  the  laws  of  2000,
 subdivision  (d) as added by chapter 40 of the laws of 2010, subdivision
 (d) as added by chapter 43 of the  laws  of  2010,  subdivision  (e)  as
 amended  by  chapter 481 of the laws of 2021, subdivision (f) as amended
 by chapter 319 of the laws of 2016, is amended to read as follows:
   § 103. Open meetings and executive sessions. (a) Every  meeting  of  a
 public  body  shall be open to the general public, except that an execu-
 tive session of such body may be called and business transacted  thereat
 in accordance with section ninety-five of this [article] CHAPTER.
   (b)  Public  bodies  shall  make  or  cause  to be made all reasonable
 efforts to ensure that meetings WHICH ARE NOT CONDUCTED THROUGH THE  USE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD15290-03-2
 S. 8716                             2
 
 OF  VIDEOCONFERENCING  OR  OTHER ELECTRONIC MEANS are held in facilities
 that permit barrier-free physical access to the physically  handicapped,
 as  defined in subdivision five of section fifty of the public buildings
 law.
   (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.
   (d)] Public bodies shall make or  cause  to  be  made  all  reasonable
 efforts  to ensure that meetings WHICH ARE NOT CONDUCTED THROUGH THE USE
 OF VIDEOCONFERENCING OR OTHER ELECTRONIC MEANS are held in an  appropri-
 ate  [facility]  PUBLIC SITE which can adequately accommodate members of
 the public who wish to attend such meetings.
   (d) 1. Any meeting of a public body that is open  to  the  public  AND
 WHICH  IS  NOT  CONDUCTED  THROUGH THE USE OF VIDEOCONFERENCING OR OTHER
 ELECTRONIC  MEANS  shall  be  open  to  being  photographed,  broadcast,
 webcast,  or  otherwise  recorded  and/or  transmitted by audio or video
 means. As used herein the term "broadcast" shall also include the trans-
 mission of signals by cable.
   2. A public body may adopt rules, consistent with recommendations from
 the committee on open government, reasonably governing the  location  of
 equipment  and  personnel  used  to  photograph,  broadcast, webcast, or
 otherwise record a meeting WHICH IS NOT CONDUCTED  THROUGH  THE  USE  OF
 VIDEOCONFERENCING  OR  OTHER  ELECTRONIC  MEANS  so  as  to  conduct its
 proceedings in an orderly manner.  Such  rules  shall  be  conspicuously
 posted during meetings and written copies shall be provided upon request
 to those in attendance.
   (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 at least  twenty-
 four  hours  prior  to  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 main-
 tains 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 at least twenty-four hours prior to the  meet-
 ing.  An  agency  may,  but  shall not be required to, expend additional
 moneys to implement the provisions of this subdivision.
   (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
 public benefit corporation), other than an interstate  or  international
 authority or public benefit corporation.
 S. 8716                             3
 
   (G)  1.  NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, A
 PUBLIC BODY MAY UTILIZE VIDEOCONFERENCING OR OTHER ELECTRONIC  MEANS  TO
 CONDUCT BUSINESS PURSUANT TO THIS SECTION, PROVIDED:
   (I) A QUORUM OF MEMBERS OF THE PUBLIC BODY SHALL ATTEND ALL OPEN MEET-
 INGS  OF  PUBLIC  BODIES IN PERSON AT A PUBLIC SITE, BUT MAY ALLOW OTHER
 MEMBERS OF THE BODY  TO  FULLY  PARTICIPATE  REMOTELY,  INCLUDING  BEING
 COUNTED  FOR  ATTENDANCE  AND VOTING, PURSUANT TO RULES APPROVED BY SUCH
 PUBLIC BODY;
   (II) THE PUBLIC HAS THE ABILITY TO VIEW OR LISTEN TO SUCH  PROCEEDINGS
 AND,  WHERE  APPROPRIATE,  PROVIDE  REAL-TIME  COMMENTS  PURSUANT TO THE
 REQUIREMENTS IN SUBDIVISIONS (H) AND (I) OF THIS SECTION;
   (III) THE MINUTES OF THE MEETING ARE  RECORDED  AND  ARE  LATER  TRAN-
 SCRIBED IN ACCORDANCE WITH THE REQUIREMENTS IN SECTIONS ONE HUNDRED FOUR
 AND ONE HUNDRED SIX OF THIS ARTICLE;
   (IV)  ALL  REQUIRED  DOCUMENTS AND RECORDS UTILIZED AT THE MEETING ARE
 AVAILABLE IN AN ELECTRONIC FORMAT ON THE INTERNET AND UPON REQUEST WITH-
 IN TWENTY-FOUR HOURS OF THE MEETING OR REQUEST;
   (V) EACH NOTICE OF THE MEETING CLEARLY PROVIDES INSTRUCTIONS  FOR  THE
 PARTICIPANTS  AT  THE  MEETING  TO  ACCESS THE MEETING, LOCATE NECESSARY
 DOCUMENTATION FOR THE MEETING AND SUBMIT  COMMENTS  AND  NOTICE  TO  THE
 GENERAL PUBLIC IN ACCORDANCE WITH SECTION ONE HUNDRED FOUR OF THIS ARTI-
 CLE;
   (VI)  AT LEAST TWENTY-FOUR HOURS PRIOR TO THE MEETING, THE PUBLIC BODY
 CONDUCTING THE MEETING WILL IDENTIFY AN INDIVIDUAL TO SERVE AS A  PUBLIC
 POINT  OF  CONTACT  FOR  THE  MEETING  TO  ADDRESS  ANY QUESTIONS AND/OR
 CONCERNS MEMBERS OF THE PUBLIC OR THE PRESS MAY HAVE REGARDING THE MEET-
 ING;
   (VII) THE VIDEOCONFERENCING OR  OTHER  ELECTRONIC  MEANS  UTILIZED  TO
 CONDUCT  THE MEETING SATISFY BASIC SECURITY AND PERFORMANCE STANDARDS IN
 ACCORDANCE WITH THE REQUIREMENTS IN SUBDIVISION (J) OF THIS SECTION;
   (VIII) A LOCAL PUBLIC BODY MAY ONLY ELECT TO UTILIZE VIDEOCONFERENCING
 OR OTHER ELECTRONIC MEANS TO CONDUCT ITS  MEETINGS  IF  THE  LOCAL  BODY
 MAINTAINS AN OFFICIAL WEBSITE; AND
   (XI)  ANY  LOCAL  PUBLIC  BODY MAINTAINING A WEBSITE, WITH ACCESS TO A
 HIGH SPEED INTERNET CONNECTION,  AND  UTILIZING  SUCH  VIDEOCONFERENCING
 SHALL BE REQUIRED TO STREAM ALL OPEN MEETINGS AND PUBLIC HEARINGS ON ITS
 OFFICIAL WEBSITE IN REAL-TIME.
   2.  IN UTILIZING SUCH VIDEOCONFERENCING OR OTHER ELECTRONIC MEANS, THE
 PUBLIC BODY SHALL PROMPTLY PROVIDE NOTICE TO THE GENERAL PUBLIC PURSUANT
 TO SECTION ONE HUNDRED FOUR OF  THIS  ARTICLE  DETAILING  THE  ALTERNATE
 MEANS BY WHICH THE PUBLIC CAN MONITOR, WATCH, LISTEN TO, PARTICIPATE IN,
 AND/OR ATTEND THE MEETING.
   (H)  ANY  MEETING  OF  A  PUBLIC BODY THAT IS OPEN TO THE PUBLIC, THAT
 UTILIZES VIDEOCONFERENCING OR OTHER ELECTRONIC MEANS  TO  CONDUCT  BUSI-
 NESS,  AND  ALLOWS  FOR PUBLIC COMMENT, SHALL PROVIDE FOR AN OPPORTUNITY
 FOR THE PUBLIC TO COMMENT IN REALTIME BY ANY AVAILABLE MEANS DURING  THE
 TIME  ALLOCATED  FOR  PUBLIC COMMENT. PUBLIC BODIES SHALL ADOPT AND MAKE
 PUBLICLY AVAILABLE RULES OR POLICIES THAT ARE REASONABLE AND  TREAT  ALL
 MEMBERS  OF  THE PUBLIC EQUALLY, REGARDING PUBLIC COMMENT IN ANY MEETING
 OF A PUBLIC BODY THAT IS OPEN TO THE PUBLIC, UTILIZES  VIDEOCONFERENCING
 OR  OTHER  ELECTRONIC  MEANS  TO CONDUCT BUSINESS, AND ALLOWS FOR PUBLIC
 COMMENT.
   (I) THE COMMITTEE ON OPEN GOVERNMENT SHALL ESTABLISH  ADVISORY  GUIDE-
 LINES GOVERNING PUBLIC BODY RULES AND POLICIES AT OPEN PUBLIC BODY MEET-
 INGS  THAT  ALLOW  FOR  PUBLIC  COMMENT,  INCLUDING, BUT NOT LIMITED TO,
 GUIDELINES REGARDING THE MANNER IN WHICH  A  PUBLIC  BODY  MAY  MODERATE
 S. 8716                             4
 
 REALTIME  PUBLIC  COMMENT AND GUIDELINES ESTABLISHING THE BEST PRACTICES
 AND STANDARDS REGARDING REALTIME PUBLIC COMMENT AT PUBLIC BODY  MEETINGS
 THAT ARE OPEN TO THE PUBLIC AND WHICH UTILIZE VIDEOCONFERENCING OR OTHER
 ELECTRONIC MEANS FOR CONDUCTING BUSINESS.
   (J)  THE  COMMITTEE ON OPEN GOVERNMENT, IN CONJUNCTION WITH THE OFFICE
 OF INFORMATION TECHNOLOGY SERVICES, SHALL ESTABLISH ADVISORY  GUIDELINES
 GOVERNING PUBLIC BODIES ON THE BASIC SECURITY AND TECHNOLOGY PERFORMANCE
 REQUIREMENTS RELATING TO VIDEOCONFERENCING SERVICES AND OTHER ELECTRONIC
 MEANS UTILIZED TO CONDUCT OPEN MEETINGS.
   §  3.  Subdivisions 4 and 5 of section 104 of the public officers law,
 subdivision 4 as added by chapter 289 of the laws of 2000, and  subdivi-
 sion  5 as added by chapter 302 of the laws of 2016, are amended to read
 as follows:
   4. If videoconferencing [is] OR OTHER ELECTRONIC  MEANS  ARE  used  to
 conduct  a  meeting  AND SUCH MEETING IS BEING HELD BOTH PHYSICALLY AT A
 PUBLIC SITE AND ALSO VIRTUALLY BY ONE OR MORE MEMBERS OF THE PUBLIC BODY
 AT A LOCATION OR LOCATIONS NOT OPEN TO THE PUBLIC, the public notice for
 the meeting shall inform the  public  that  videoconferencing  OR  OTHER
 ELECTRONIC  MEANS  will  be  used[,]  AND SHALL identify the [locations]
 PUBLIC SITE for the meeting, and state that the public has the right  to
 attend the meeting at [any of the locations] THE PUBLIC SITE.
   5.  ALL PUBLIC BODIES MAINTAINING A WEBSITE AND UTILIZING A HIGH SPEED
 INTERNET CONNECTION SHALL BE REQUIRED, TO  THE  EXTENT  PRACTICABLE,  TO
 STREAM  ALL OPEN MEETINGS AND PUBLIC HEARINGS ON ITS OFFICIAL WEBSITE IN
 REAL-TIME. EACH PUBLIC BODY SHALL POST  VIDEO  RECORDINGS  OF  ALL  OPEN
 MEETINGS AND PUBLIC HEARINGS STREAMED IN REAL-TIME ON ITS WEBSITE WITHIN
 FIVE  BUSINESS  DAYS  OF  THE MEETING OR HEARING AND SHALL MAINTAIN SUCH
 RECORDINGS FOR A PERIOD OF NOT LESS THAN FIVE YEARS. If a  meeting  will
 be  streamed  live  over the internet, the public notice for the meeting
 shall inform the public of the internet address of the website streaming
 such meeting.
   § 4. Section 106 of the public officers law is amended by adding a new
 subdivision 4 to read as follows:
   4. THE MINUTES OF A MEETING SHALL  REFLECT  WHETHER  THE  MEETING  WAS
 CONDUCTED  BY VIDEOCONFERENCING OR OTHER ELECTRONIC MEANS IN WHOLE OR IN
 PART, WHAT VIDEOCONFERENCING SERVICES OR  OTHER  ELECTRONIC  MEANS  WERE
 USED TO CONDUCT THE MEETING, WHICH IF ANY MEMBERS PARTICIPATED BY VIDEO-
 CONFERENCE  OR OTHER ELECTRONIC MEANS, WHEN EACH MEMBER PARTICIPATING BY
 VIDEOCONFERENCING OR OTHER ELECTRONIC MEANS JOINED OR LEFT THE  MEETING,
 AND  ANY INTERRUPTIONS IN OR SUSPENSIONS OF THE MEETING DUE TO TECHNICAL
 PROBLEMS WITH THE VIDEOCONFERENCING SERVICES OR OTHER  ELECTRONIC  MEANS
 SUPPORTING THE MEETING.
   § 5. This act shall take effect immediately.

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