S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10266
 
                           I N  A S S E M B L Y
 
                               May 15, 2024
                                ___________
 
 Introduced  by  COMMITTEE ON RULES -- (at request of M. of A. Simone) --
   read once and referred to the Committee on Governmental Operations
 
 AN ACT to amend the public officers law and the state technology law, in
   relation to requirements for open meetings; and to amend  part  WW  of
   chapter 56 of the laws of 2022 amending the public officers law relat-
   ing  to  permitting videoconferencing and   remote   participation  in
   public  meetings  under certain circumstances, in relation  to  making
   such provisions permanent
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 4 of part WW of chapter 56  of  the  laws  of  2022
 amending  the public officers law relating to permitting videoconferenc-
 ing and  remote  participation   in   public   meetings   under  certain
 circumstances,  as  amended by section 1 of part KK of chapter 58 of the
 laws of 2024, is amended to read as follows:
   § 4. This act shall take effect immediately [and shall expire  and  be
 deemed repealed July 1, 2026].
   § 2. Subdivisions 2 and 3 of section 103-a of the public officers law,
 as  added  by  section  2  of part WW of chapter 56 of the laws of 2022,
 paragraph (c) of subdivision 2 as amended by section  1  of  part  X  of
 chapter 58 of the laws of 2023, are amended to read as follows:
   2.  A public body [may, in its discretion,] SHALL use WEB-BASED video-
 conferencing WITH THE ABILITY TO ENABLE CLOSED CAPTIONING to conduct its
 meetings pursuant to the requirements of this article provided that  FOR
 BODIES  COMPOSED  OF  ELECTED OFFICIALS, a minimum number of members are
 present to fulfill the public body's  quorum  requirement  in  the  same
 physical  location  or  locations  where  the public can attend [and the
 following criteria are met:].  FOR ALL APPOINTED BOARDS AND COMMISSIONS,
 OR NON-ELECTED AGENCIES OR AUTHORITIES,  AT  A  MINIMUM,  THE  PRESIDING
 OFFICER  SHALL BE PRESENT IN PERSON FOR ALL PUBLIC MEETINGS. A PRESIDING
 OFFICER WHO IS UNABLE TO BE PRESENT IN PERSON FOR ANY REASON  SET  FORTH
 IN  PARAGRAPH  (B) OF THIS SUBDIVISION MAY DESIGNATE AN ALTERNATE MEMBER
 OF THE PUBLIC BODY TO BE PRESENT IN SUCH OFFICER'S PLACE.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD14262-03-4
              

 A. 10266                            2
 
   (a) [the] THE governing board of a county, city, town or village  [has
 adopted  a local law, or a public body has adopted a resolution, or] AND
 the senate and assembly [have adopted a joint  resolution,  following  a
 public hearing, authorizing the use of videoconferencing:
   (i) for itself and its committees or subcommittees; or,
   (ii)  specifying  that each committee or subcommittee may make its own
 determination;
   (iii) provided however, each community board in a city  with  a  popu-
 lation of one million or more shall make its own determination;
   (b)  the  public  body has established] SHALL ADOPT written procedures
 governing member and public attendance consistent with this section, and
 such written procedures shall be  conspicuously  posted  on  the  public
 website of the public body[;
   (c) members].
   (B) MEMBERS of the public body shall be physically present at any such
 meeting  unless  such  member  is unable to be physically present at any
 such meeting location due to [extraordinary] circumstances, as set forth
 in the [resolution and] written procedures adopted  pursuant  to  [para-
 graphs] PARAGRAPH (a) [and (b)] of this subdivision, including disabili-
 ty,  illness,  caregiving  responsibilities, or any other significant or
 unexpected factor or event which precludes the member's physical attend-
 ance at such meeting. Notwithstanding the in person quorum  requirements
 set  forth  in  this subdivision, the public body may determine, through
 its written procedures governing member  and  public  attendance  estab-
 lished  pursuant  to  and consistent with this section, to allow for any
 member who has a disability as defined in section two hundred ninety-two
 of the executive law, where such disability renders such  member  unable
 to  participate  in-person at any such meeting location where the public
 can attend, to be considered present  for  purposes  of  fulfilling  the
 quorum  requirements  for  such  public  body  at any meetings conducted
 through videoconferencing pursuant to this section,  provided,  however,
 that  the remaining criteria set forth in this subdivision are otherwise
 met; and provided, further, that the public body maintains at least  one
 physical location where the public can attend such meeting[;
   (d) except].
   (C)  EXCEPT  in  the  case of executive sessions conducted pursuant to
 section one hundred five of this article, the public body  shall  ensure
 that members of the public body can be heard, seen and identified, while
 the  meeting  is  being  conducted,  including  but  not  limited to any
 motions, proposals, resolutions, and any other matter formally discussed
 or voted upon[;
   (e) the].
   (D) THE minutes of the meetings  [involving  videoconferencing]  shall
 include which, if any, members participated remotely and shall be avail-
 able to the public pursuant to section one hundred six of this article[;
   (f)  if  videoconferencing  is  used  to conduct a meeting, the public
 notice for the meeting shall inform the  public  that  videoconferencing
 will be used, where the public can view and/or participate in such meet-
 ing,  where  required documents and records will be posted or available,
 and identify the physical location for the meeting where the public  can
 attend;
   (g) the].
   (E)  THE  public body shall provide that each meeting [conducted using
 videoconferencing] shall be  recorded  and  such  recordings  posted  or
 linked  on  the  public  website of the public body within five business
 days following the meeting, and shall remain so available for a  minimum
 A. 10266                            3
 
 of  five  years  thereafter. Such recordings shall USE CLOSED CAPTIONING
 AND be transcribed upon request[;
   (h) if videoconferencing is used to conduct a meeting, the].
   (F)  THE  public body shall provide the opportunity for members of the
 public to view such meeting via video, and to participate in proceedings
 via videoconference in real time, WITH REAL TIME CLOSED CAPTIONING,  AND
 WITH  AMERICAN  SIGN  LANGUAGE  INTERPRETATION  WHEN  REQUESTED WITHIN A
 REASONABLE TIME PRIOR TO SUCH MEETING, where public comment  or  partic-
 ipation is authorized and shall ensure that videoconferencing authorizes
 the same public participation or testimony as in person participation or
 testimony[; and
   (i)  a  local  public  body  electing  to utilize videoconferencing to
 conduct its meetings must maintain an official website].
   3. The in person participation requirements of paragraph [(c)] (B)  of
 subdivision  two of this section shall not apply during a state disaster
 emergency declared by the governor pursuant to section  twenty-eight  of
 the executive law, or a local state of emergency proclaimed by the chief
 executive  of  a county, city, village or town pursuant to section twen-
 ty-four of the executive law, if the public  body  determines  that  the
 circumstances  necessitating  the  emergency declaration would affect or
 impair the ability of the public body to hold an in person meeting.
   § 3. Subdivisions 2, 4 and 5 of section 104  of  the  public  officers
 law,  subdivision 2 as amended and subdivision 5 as added by chapter 302
 of the laws of 2016, subdivision 4 as added by chapter 289 of  the  laws
 of  2000,  are  amended  and  a  new subdivision 7 is added   to read as
 follows:
   2. Public notice of the time and place of every other meeting shall be
 given or electronically transmitted[, to the extent practicable,] to the
 news media and shall be conspicuously posted in one or  more  designated
 public  locations,  INCLUDING THE PUBLIC BODY'S WEBPAGE AND SOCIAL MEDIA
 ACCOUNTS, at a reasonable time prior thereto.
   4. [If videoconferencing is used to conduct a meeting, the] THE public
 notice for the meeting REQUIRED BY THIS SECTION shall inform the  public
 that  videoconferencing  will  be  used,  identify the locations for the
 meeting, STATE WHERE THE PUBLIC CAN VIEW AND/OR  PARTICIPATE,  INCLUDING
 HOW THEY MAY PARTICIPATE, IN SUCH MEETING, IDENTIFY WHERE REQUIRED DOCU-
 MENTS AND RECORDS WILL BE POSTED OR AVAILABLE, and state that the public
 has the right to attend the meeting at any of the locations.
   5.  [If  a  meeting  will be streamed live over the internet, the] THE
 public notice for the meeting shall inform the public  of  the  internet
 address of the website streaming such meeting.
   7.  EVERY  PUBLIC BODY SHALL MAINTAIN A PAGE ON AN OFFICIAL GOVERNMENT
 INTERNET WEBSITE.
   § 4. Subdivisions (e) and (f) of section 103 of  the  public  officers
 law,  subdivision  (e)  as  amended  by chapter 481 of the laws of 2021,
 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] at least  twen-
 ty-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-
 A. 10266                            4
 
 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
 meeting.  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] SUCH open [meeting] MEETINGS 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.  [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.]
   § 5. Subdivision (c) of section 103 of the  public  officers  law,  as
 amended  by  section  1 of part WW of chapter 56 of the laws of 2022, is
 amended to read as follows:
   (c) A public body shall provide  an  opportunity  for  the  public  to
 attend,  listen and observe meetings in at least one ACCESSIBLE physical
 location at which a member participates.  A PUBLIC BODY SHALL PROVIDE AN
 AMERICAN SIGN LANGUAGE INTERPRETER AT SUCH MEETINGS UPON REQUEST.
   § 6. Section 102 of the public officers law, as added by  chapter  511
 of the laws of 1976 and such section as renumbered by chapter 652 of the
 laws  of  1983,  subdivision  1 as amended by chapter 289 of the laws of
 2000, and subdivision 2 as amended by chapter 115 of the laws  of  2022,
 is amended to read as follows:
   § 102. Definitions.  As  used  in this article: 1. "Meeting" means the
 official convening of a public body for the purpose of conducting public
 business, including the use of  videoconferencing  OR  OTHER  ELECTRONIC
 MEANS  for  attendance  and  participation  by the members of the public
 body.
   2. "Public body" means 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  the  state  or  for  an
 agency  or department thereof, or for a public corporation as defined in
 section sixty-six of the  general  construction  law,  or  committee  or
 subcommittee  or other similar body consisting of members of such public
 body, or an entity created or appointed to perform a necessary  function
 in  the  decision-making process for which a quorum is required in order
 to conduct public business and which consists of two or more members[. A
 necessary function in the decision-making process shall not include  the
 provision  of  recommendations  or guidance which is purely advisory and
 which does not require further action by the state or agency or  depart-
 ment  thereof  or  public corporation as defined in section sixty-six of
 the general construction law] INCLUDING ANY  FORMALLY  CHARTERED  ENTITY
 WHICH HAS OFFICIALLY DELEGATED DUTIES AND ORGANIZATIONAL ATTRIBUTES OF A
 SUBSTANTIVE NATURE.
   3. "Executive session" means that portion of a meeting not open to the
 general public.
 A. 10266                            5
 
   4.  "VIDEOCONFERENCING"  MEANS  ANY  METHOD  OF  CONDUCTING  A MEETING
 INVOLVING PARTICIPANTS AT TWO OR  MORE  LOCATIONS  THROUGH  THE  USE  OF
 EQUIPMENT  WHICH  ALLOWS  PARTICIPANTS  AT EACH LOCATION TO HEAR AND SEE
 EACH MEETING PARTICIPANT  AT  EACH  LOCATION,  INCLUDING  PUBLIC  INPUT.
 INTERACTION  BETWEEN MEETING PARTICIPANTS SHALL BE POSSIBLE AT ALL MEET-
 ING LOCATIONS.
   § 7. Section 103-d of the state technology law is amended by adding  a
 new closing paragraph to read as follows:
   THE  OFFICE  SHALL FACILITATE USE OF WIDELY AVAILABLE, LOW-COST, PLAT-
 FORM RESPONSIVE, WEB-BASED VIDEOCONFERENCING APPLICATIONS THAT  MEET  OR
 EXCEED  FEDERAL  ACCESSIBILITY  GUIDELINES  AND INTERNATIONAL STANDARDS,
 ALLOWING FOR AN EQUIVALENT EXPERIENCE TO IN-PERSON ACCESS, INCLUDING FOR
 MATERIALS AND PUBLIC COMMENT, FOR THE BROADCAST OF  PUBLIC  MEETINGS  BY
 STATE  AGENCIES  AND LOCAL PUBLIC BODIES, AS DEFINED IN ARTICLE SEVEN OF
 THE PUBLIC OFFICERS LAW.
   § 8. Subdivision 2 of section 105 of the public officers law, as added
 by chapter 511 of the laws of 1976, and such section  as  renumbered  by
 chapter 652 of the laws of  1983, is amended to read as follows:
   2. Attendance at an executive session shall be permitted to any member
 of  the  public body and any other persons authorized by the public body
 AND HELD EITHER AT A PHYSICAL LOCATION, VIA VIDEOCONFERENCING, OR BOTH.
   § 9. 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 THE TYPE OF ELECTRONIC MEANS
 USED, WHICH, IF ANY, MEMBERS PARTICIPATED BY ELECTRONIC MEANS, WHEN EACH
 MEMBER PARTICIPATING BY ELECTRONIC MEANS JOINED AND  LEFT  THE  MEETING,
 AND  ANY INTERRUPTION IN OR SUSPENSION OF THE MEETING DUE TO A TECHNICAL
 PROBLEM.
   § 10. This act shall take effect immediately, provided  that  sections
 two,  three,  four,  five,  six,  eight  and nine of this act shall take
 effect on the sixtieth day after it shall have become a  law;  provided,
 however,  that  if  chapter 734 of the laws of 2023 shall not have taken
 effect on or before such date then section seven of this act shall  take
 effect  on  the  same date and in the same manner as such chapter of the
 laws of 2023 takes effect.