NY State Senate Bill 2025-S2392

Senate Bill S2392

2025-2026 Legislative Session

Allows certain members of a public body to be counted as present for quorum purposes at meetings attended remotely

download bill text pdf

Current 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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 17, 2025	referred to investigations and government operations

2025-S2392 (ACTIVE) - Details

See Assembly Version of this Bill:: A1590
Current Committee:: Senate Investigations And Government Operations
Law Section:: Public Officers Law
Laws Affected:: Amd §103-a, Pub Off L
Versions Introduced in 2023-2024 Legislative Session:: S1525, A4880

2025-S2392 (ACTIVE) - Summary

Allows members of a public body who cannot physically attend a meeting due to a disability to be counted as present for quorum purposes at meetings attended remotely.

2025-S2392 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S2392

SPONSOR: PERSAUD
 
TITLE OF BILL:

An act to amend the public officers law, in relation to quorum require-
ments for meetings conducted remotely

 
PURPOSE:

This bill amends the Open Meetings Law to allow a quorum to be estab-
lished in circumstances where a counted board member(s) is participating
remotely due to a disability that renders such board member unable to be
physically present at any meeting location.

 
SUMMARY OF PROVISIONS:

Section 1 adds a new section 2-a to the Executive Law. Section 2 estab-
lishes the effective date.

 
JUSTIFICATION:

The Open Meetings Law currently allows covered members of boards to
participate in board meetings remotely; although, the minimum number of
members required to establish a quorum must be present at the same phys-
ical meeting location(s)where the public can attend said meeting.

This in-person quorum requirement, however, Works to the detriment of a
board member who has a disability that impairs mobility, and accommo-
dations prevent in-person attendance, either situationally or on a
consistent basis. One example is the lack of available or reliable para-
transit or other mobility assistance. There are also circumstances where
a disability may preclude mobility altogether.  The narrow exception
being proposed by this legislation will ensure equal participation in
board proceedings as well as allow boards to conduct business when all
other Open Meetings Law requirements are otherwise met.

 
LEGISLATIVE HISTORY:

2023/2024: S1525 Referred to Investigations and Government Operations

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2025-S2392 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2392
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             January 17, 2025
                                ___________
 
 Introduced  by  Sen. PERSAUD -- 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 quorum  require-
   ments for meetings conducted remotely

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 103-a of the public  officers  law  is  amended  by
 adding a new subdivision 2-a to read as follows:
   2-A.  NOTWITHSTANDING ANY OTHER PROVISION OF LAW, ANY MEMBER WHO HAS A
 DISABILITY AS DEFINED IN SECTION TWO HUNDRED NINETY-TWO OF THE EXECUTIVE
 LAW THAT RENDERS SUCH MEMBER UNABLE TO  BE  PHYSICALLY  PRESENT  AT  ANY
 MEETING  LOCATION  MAY  BE CONSIDERED PRESENT FOR PURPOSES OF FULFILLING
 THE QUORUM REQUIREMENT FOR THE PUBLIC BODY AT MEETINGS CONDUCTED THROUGH
 VIDEOCONFERENCING, PROVIDED THE APPLICABLE CRITERIA IN  SUBDIVISION  TWO
 OF THIS SECTION ARE OTHERWISE MET.
   §  2. This act shall take effect immediately; provided that the amend-
 ments to section 103-a of the public officers law made by section one of
 this act shall not affect the repeal of such section and shall be deemed
 repealed therewith.
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04677-01-5

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