S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3615
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 29, 2025
                                ___________
 
 Introduced by 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; to amend part WW of chap-
   ter 56 of the laws of 2022 amending the public officers  law  relating
   to permitting videoconferencing and  remote  participation  in  public
   meetings    under  certain  circumstances,  in relation to making such
   provisions permanent; to amend the state finance  law  and  the  state
   technology law, in relation to establishing the municipal hybrid meet-
   ing  trust  fund;  and  providing for the repeal of certain provisions
   upon the expiration thereof
 
   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 deemed repealed July 1, 2026].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,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03203-01-5
              

 A. 3615                             2
 
 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.
   (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;
 A. 3615                             3

   (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
 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-
 A. 3615                             4
 
 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-
 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
 A. 3615                             5

 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.
   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. The state finance law is amended by adding a new  section  99-ss
 to read as follows:
   §  99-SS.  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-SIX OF SECTION ONE HUNDRED THREE OF THE STATE TECHNOLOGY LAW.
   § 11. Section 103 of the state technology law is amended by  adding  a
 new subdivision 26 to read as follows:
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   26.  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-SS 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.
   § 12. 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;  and
 provided,  further,  that  the  provisions of sections ten and eleven of
 this act shall expire January 1, 2030 when upon such date the provisions
 of such sections shall be deemed repealed.