S T A T E   O F   N E W   Y O R K
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                                   9339
 
                           I N  A S S E M B L Y
 
                               March 6, 2024
                                ___________
 
 Introduced by M. of A. KELLES -- read once and referred to the Committee
   on Governmental Operations
 
 AN  ACT to amend the public officers law, the state finance law, and the
   state technology law, in relation to mandating remote access to public
   meetings and establishing a fund  to  assist  in  implementation;  and
   providing for the repeal of certain provisions upon expiration thereof

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Short title. This act shall be known and may  be  cited  as
 the "public meeting modernization act".
   §  2. The public officers law is amended by adding a new section 103-b
 to read as follows:
   § 103-B. REMOTE ACCESS FOR OPEN MEETINGS. 1.  FOR THE PURPOSES OF THIS
 SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   (A) "HYBRID MEETING" SHALL MEAN A MEETING HELD BY A PUBLIC BODY  WHICH
 IS  CONDUCTED  SIMULTANEOUSLY  IN  A  SPACE  THAT IS OPEN AND PHYSICALLY
 ACCESSIBLE TO THE PUBLIC AND VIA REMOTE ACCESS.
   (B) "REMOTE ACCESS" SHALL MEAN  ACCESS  THROUGH  THE  INTERNET,  VIDEO
 CONFERENCING  OR  OTHER VIDEO TECHNOLOGY THAT ALLOWS A PERSON TO ATTEND,
 OBSERVE, LISTEN, AND, WHEN PERMITTED OR REQUIRED, TO  PARTICIPATE  IN  A
 MEETING OF A PUBLIC BODY.
   (C)  "PUBLIC  BODY" SHALL HAVE THE SAME MEANING AS DEFINED IN SUBDIVI-
 SION TWO OF SECTION ONE HUNDRED TWO OF THIS ARTICLE.
   (D) "MEETING" SHALL HAVE THE SAME MEANING AS  DEFINED  IN  SUBDIVISION
 ONE OF SECTION ONE HUNDRED TWO OF THIS ARTICLE.
   2.  ALL OPEN MEETINGS CONDUCTED BY A PUBLIC BODY SHALL BE CONDUCTED AS
 HYBRID MEETINGS, EXCEPT FOR PUBLIC BODIES  OPERATING  UNDER  A  HARDSHIP
 WAIVER AS DEFINED IN SECTION ONE HUNDRED TEN OF THIS ARTICLE.
   3. WHEN CONDUCTING HYBRID MEETINGS, PUBLIC BODIES SHALL:
   (A) ALLOW MEMBERS OF THE PUBLIC TO ATTEND, OBSERVE, AND PARTICIPATE IN
 REAL-TIME, TO THE EXTENT PRACTICABLE;
   (B)  BE  FREELY  ACCESSIBLE  IN  ALL  AVAILABLE  FORMATS  WITH NO PAID
 SUBSCRIPTION OR TOLL;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD14086-01-4
              

 A. 9339                             2
 
   (C) USE TECHNOLOGY AND CONDUCT THE MEETING IN COMPLIANCE WITH  SECTION
 FIVE HUNDRED EIGHT OF THE 1973 REHABILITATION ACT AND THE 1990 AMERICANS
 WITH DISABILITIES ACT, AS AMENDED, AND ANY FEDERAL, STATE, OR LOCAL LAW.
 FOR  THE  PURPOSES  OF THIS SECTION, "DISABILITY" SHALL BE AS DEFINED IN
 SUBDIVISION  TWENTY-ONE  OF SECTION TWO HUNDRED NINETY-TWO OF THE EXECU-
 TIVE LAW;
   (D) INCLUDE IN ANY PUBLIC NOTICE FOR A MEETING PURSUANT TO SECTION ONE
 HUNDRED FOUR OF THIS ARTICLE INFORMATION ON THE DATE, TIME, AGENDA,  AND
 ACCESS INFORMATION FOR THE MEETING, INCLUDING ANY NECESSARY LOGIN INFOR-
 MATION  OR  ACCESS  CODES OR ANY PHYSICAL LOCATIONS IN WHICH THE MEETING
 WILL TAKE PLACE;
   (E) HAVE AT LEAST THE MINIMUM NUMBER OF MEMBERS PRESENT TO FULFILL THE
 PUBLIC BODY'S QUORUM  REQUIREMENT  IN  THE  SAME  PHYSICAL  LOCATION  OR
 LOCATIONS WHERE THE PUBLIC CAN ATTEND THE MEETING IN PERSON;
   (F) ENSURE THAT ALL OF THE BODY'S MEMBERS CAN BE HEARD AND OBSERVED BY
 MEMBERS  OF THE PUBLIC, EITHER VIA REMOTE ACCESS OR IN PERSON, WHILE THE
 MEETING IS CONDUCTED;
   (G) ENSURE THAT MEMBERS OF THE PUBLIC ATTENDING  MEETINGS  VIA  REMOTE
 ACCESS  HAVE THE SAME OPPORTUNITY TO PROVIDE PUBLIC COMMENT OR TESTIMONY
 AS THOSE PARTICIPATING IN PERSON, WHEN SUCH PUBLIC COMMENT OR  TESTIMONY
 IS AUTHORIZED; AND
   (H)  RECORD SUCH MEETING AND LINK OR POST SUCH RECORDING TO THE PUBLIC
 WEBSITE OF THE PUBLIC BODY WITHIN FIVE BUSINESS DAYS FOLLOWING THE MEET-
 ING, AND KEEP SUCH RECORDING AVAILABLE FOR A MINIMUM OF FIVE YEARS THER-
 EAFTER. SUCH RECORDINGS SHALL BE TRANSCRIBED UPON REQUEST.
   § 3. Sections 110 and 111 of the public officers law, as renumbered by
 chapter 652 of the laws of 1983, are renumbered sections 111 and 112 and
 a new section 110 is added to read as follows:
   § 110. PROCEDURE FOR HARDSHIP WAIVERS. 1. ON BEHALF OF  A  NON-ELECTED
 LOCAL  PUBLIC  BODY WITHIN ITS JURISDICTION, A MUNICIPALITY MAY SUBMIT A
 REQUEST FOR AN ECONOMIC HARDSHIP WAIVER TO THE NEW YORK STATE  COMMITTEE
 ON  OPEN  GOVERNMENT  TO  PROVIDE  A  VIRTUAL OPTION FOR PUBLIC MEETINGS
 PURSUANT TO SECTION ONE HUNDRED THREE-B OF THIS ARTICLE.
   2. THE MUNICIPALITY SHALL DEMONSTRATE IN ITS REQUEST TO THE  COMMITTEE
 ON OPEN GOVERNMENT THAT, DESPITE BEST EFFORTS, THE PUBLIC BODY IS UNABLE
 TO  CONDUCT  HYBRID  MEETINGS  DUE  TO INSUFFICIENT STAFF, RESOURCES, OR
 INFRASTRUCTURE.
   3. A PUBLIC BODY THAT IS GRANTED A HARDSHIP WAIVER SHALL  BE  RELIEVED
 OF  THE  OBLIGATION TO CONDUCT HYBRID MEETINGS AND SHALL INSTEAD CONDUCT
 ITS MEETINGS VIA REMOTE ACCESS. IF  THE  COMMITTEE  ON  OPEN  GOVERNMENT
 DETERMINES  THAT  THE  PUBLIC BODY IS UNABLE TO CONDUCT ITS MEETINGS VIA
 REMOTE ACCESS DESPITE BEST EFFORTS, THE PUBLIC BODY  SHALL  CONDUCT  ITS
 OPEN  MEETINGS  IN  A  PUBLIC PLACE THAT IS PHYSICALLY ACCESSIBLE TO THE
 PUBLIC.
   4. A HARDSHIP WAIVER MAY BE RENEWED ANNUALLY UPON A WRITTEN FINDING BY
 THE COMMITTEE ON OPEN GOVERNMENT, PROVIDED  THAT  THE  MUNICIPALITY  HAS
 DEMONSTRATED EFFORT IN GOOD FAITH TO SECURE FUNDING TO ENHANCE THE TECH-
 NICAL  AND  STAFFING CAPACITY OF THE PUBLIC BODY TO CONDUCT ITS MEETINGS
 IN A HYBRID MANNER, INCLUDING  APPLYING  TO  THE  HYBRID  MEETING  GRANT
 PROGRAM  ESTABLISHED  IN  SUBDIVISION TWENTY-FOUR OF SECTION ONE HUNDRED
 THREE OF THE STATE TECHNOLOGY LAW.
   5. THE COMMITTEE ON OPEN GOVERNMENT SHALL ESTABLISH CRITERIA  FOR  THE
 GRANTING AND RENEWING OF HARDSHIP WAIVERS, WHICH SHALL TAKE INTO ACCOUNT
 FACTORS INCLUDING BUT NOT LIMITED TO THE ECONOMIC HARDSHIP OF THE PUBLIC
 BODY, THE LACK OF AFFORDABLE TECHNOLOGICAL SOLUTIONS, THE FEASIBILITY OF
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 PARTNERING  WITH  OTHER  ENTITIES  TO  PROVIDE A VIRTUAL OPTION, AND THE
 IMPACT ON PUBLIC PARTICIPATION IF A WAIVER IS GRANTED.
   6.  STATE  PUBLIC  BODIES SHALL NOT BE PERMITTED TO RECEIVE A HARDSHIP
 WAIVER.
   7. THE COMMITTEE ON OPEN GOVERNMENT SHALL NOT ISSUE OR RENEW  A  HARD-
 SHIP WAIVER TO BE EFFECTIVE BEYOND JANUARY FIRST, TWO THOUSAND THIRTY.
   § 4. The state finance law is amended by adding a new section 99-rr to
 read as follows:
   §  99-RR.  MUNICIPAL  HYBRID  MEETING  TRUST  FUND. 1. THERE IS HEREBY
 ESTABLISHED IN THE JOINT  CUSTODY  OF  THE  STATE  COMPTROLLER  AND  THE
 COMMISSIONER  OF  TAXATION AND FINANCE A SPECIAL FUND TO BE KNOWN AS THE
 "MUNICIPAL HYBRID MEETING TRUST FUND".
   2. THE FUND SHALL BE CREDITED WITH APPROPRIATIONS,  BOND  PROCEEDS  OR
 OTHER MONEY AUTHORIZED OR TRANSFERRED TO SUCH FUND FROM THE GENERAL FUND
 AND  LOCAL ASSISTANCE ACCOUNT, OR ANY OTHER MONIES REQUIRED TO BE TRANS-
 FERRED OR DEPOSITED PURSUANT TO LAW, AND ANY  INTEREST  EARNED  ON  SUCH
 MONEY.  REVENUES DEPOSITED IN THE FUND THAT ARE UNEXPENDED AT THE END OF
 A  FISCAL  YEAR SHALL NOT REVERT TO THE GENERAL FUND AND SHALL BE AVAIL-
 ABLE FOR EXPENDITURE IN THE FOLLOWING FISCAL YEAR.
   3. MONIES OF THE FUND SHALL BE EXPENDED JOINTLY BY  THE  COMMITTEE  ON
 OPEN  GOVERNMENT  AND  THE OFFICE OF INFORMATION TECHNOLOGY SERVICES FOR
 THE PURPOSE OF ASSISTING MUNICIPALITIES EXPAND THEIR REMOTE  AND  HYBRID
 MEETING  CAPABILITIES  FOR NON-ELECTED MUNICIPAL BODIES SO THAT THEY MAY
 BETTER SERVE THEIR CONSTITUENTS. MONIES IN THE TRUST FUND MAY BE USED TO
 SUPPORT THE REPLICATION AND THE DISSEMINATION OF BEST  PRACTICES  GENER-
 ATED THROUGH THE COMPETITIVE GRANT PROGRAM OUTLINED IN SUBDIVISION TWEN-
 TY-FOUR OF SECTION ONE HUNDRED THREE OF THE STATE TECHNOLOGY LAW.
   §  5.  Section  103 of the state technology law is amended by adding a
 new subdivision 24 to read as follows:
   24. TO DEVELOP AND ADMINISTER A COMPETITIVE GRANT PROGRAM FOR  MUNICI-
 PALITIES TO SUPPORT HYBRID MEETING IMPLEMENTATION AMONG THEIR NON-ELECT-
 ED  LOCAL PUBLIC BODIES. TO THIS END, FUNDS FOR SUCH GRANT PROGRAM SHALL
 BE DRAWN FROM THE MUNICIPAL HYBRID MEETING  TRUST  FUND  ESTABLISHED  IN
 SECTION  NINETY-NINE-RR OF THE STATE FINANCE LAW. SUCH COMPETITIVE GRANT
 PROGRAM SHALL BE SUBJECT TO THE FOLLOWING CRITERIA:
   (A) ALL APPLICATIONS FOR A GRANT  SHALL  INCLUDE,  BUT  SHALL  NOT  BE
 LIMITED  TO, A PLAN FOR ENABLING THE PUBLIC BODY TO CONDUCT HYBRID MEET-
 INGS AND AN ESTIMATE OF THE PROJECTED COSTS OF THE PLAN.
   (B) IN APPROVING GRANT APPLICATIONS, THE OFFICE OF  INFORMATION  TECH-
 NOLOGY SERVICES MAY GIVE PREFERENCE TO RURAL AREAS.
   (C)  MUNICIPALITIES  WHICH  ARE AWARDED FUNDS THROUGH SUCH COMPETITIVE
 GRANT PROGRAM SHALL SUBMIT  TO  THE  OFFICE  OF  INFORMATION  TECHNOLOGY
 SERVICES  AND  THE  COMMITTEE FOR OPEN GOVERNMENT A REPORT DETAILING HOW
 SUCH FUNDS HAVE BEEN EXPENDED  AND  THE  PROGRESS  THAT  HAS  BEEN  MADE
 TOWARDS THE IMPLEMENTATION OF HYBRID MEETINGS WITHIN THE MUNICIPALITY.
   (D) ANNUALLY, NOT LATER THAN DECEMBER FIRST, THE OFFICE OF INFORMATION
 TECHNOLOGY  SERVICES  SHALL  SUBMIT A REPORT DETAILING EXPENDITURES FROM
 THE TRUST FUND TO THE CLERKS OF THE SENATE AND ASSEMBLY, THE  CHAIRS  OF
 THE  SENATE  AND  ASSEMBLY  COMMITTEES  ON  WAYS AND MEANS, THE ASSEMBLY
 SUBCOMMITTEE ON INTERNET AND NEW TECHNOLOGY,  AND  THE  SENATE  STANDING
 COMMITTEE ON INTERNET AND TECHNOLOGY.
   §  6. This act shall take effect one year after it shall have become a
 law; provided, however, that the provisions of sections three, four  and
 five  of  this  act shall expire on the first of January, 2030 when upon
 such date the provisions of such  sections  shall  be  deemed  repealed.
 Effective immediately, the addition, amendment and/or repeal of any rule
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 or regulation necessary for the implementation of this act on its effec-
 tive  date  are  authorized  to  be made and completed on or before such
 date.