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A06333 Summary:

BILL NOA06333
 
SAME ASNo Same As
 
SPONSORThiele
 
COSPNSR
 
MLTSPNSR
 
Amd §107, Pub Off L
 
Provides for monetary penalties for the intentional violation of the open meetings law by any member of a public body who participates in a meeting with the intent and purpose of violating the provisions of the open meetings law.
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A06333 Actions:

BILL NOA06333
 
04/05/2023referred to governmental operations
01/03/2024referred to governmental operations
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A06333 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A6333
 
SPONSOR: Thiele
  TITLE OF BILL: An act to amend the public officers law, in relation to providing penal- ties for the intentional violation of the open meetings law   PURPOSE: This legislation provides penalties for the intentional violation of the open meetings law.   SUMMARY OF SPECIFIC PROVISIONS: Section 1. Amends Section 107 of the Public Officers Law making any member of a public body who participates in a meeting with the intent and purpose of violating the Open Meetings Law guilty of an offense. Sets forth the penalties for specific violations. Section 2. Effective Date   JUSTIFICATION: The legislative declaration set forth in the Public Officers Law - Arti- cle 7 - Open Meetings Law states "that it is essential to the mainte- nance of a democratic society that the public business be performed in an open and public manner and that the citizens of this state be fully aware of and able to observe the performance of public officials and attend and listen to the deliberations and decisions that go into the making of public policy. The people must be able to remain informed if they are to retain control over those who are their public servants. It is the only climate under which the commonwealth will prosper and enable the governmental process to operate for the benefit of those who created it." The penalties for violating the Open Meetings Law simply haven't been strong enough to ensure compliance and an open and transparent govern- ment. This legislation provides another tool to deter illegal conduct. It makes any member of a public body who participates in a meeting with the intent and purpose of violating the Open Meetings Law guilty of an offense. The penalty for a conviction of a first offense shall be punishable by a fine of between $350 and $1,000. For a conviction of the second or subsequent offense, the fine shall be between $500 and $2,000. Any fines, including the cost of prosecution, are the sole responsibil- ity of those convicted. The state or any public corporation shall not make a payment nor reimburse a member of a public body for any fine or cost associated with such violation of the Open Meetings Law.   LEGISLATIVE HISTORY: 2021-22: A6140   FISCAL IMPLICATIONS: None.   EFFECTIVE DATE: This act shall take effect on the first of September next succeeding the date on which it shall have become a law.
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A06333 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          6333
 
                               2023-2024 Regular Sessions
 
                   IN ASSEMBLY
 
                                      April 5, 2023
                                       ___________
 
        Introduced by M. of A. THIELE -- read once and referred to the Committee
          on Governmental Operations
 
        AN ACT to amend the public officers law, in relation to providing penal-
          ties for the intentional violation of the open meetings law
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Section 107 of the public officers law is amended by adding
     2  a new subdivision 4 to read as follows:
     3    4. Any member of a public body who participates in a meeting with  the
     4  intent  and  purpose  by that member of violating this article is hereby
     5  guilty of an offense. Such offense shall be punishable by a fine of  not
     6  less than three hundred fifty dollars nor more than one thousand dollars
     7  for   conviction   of  a first offense. Said offense shall be punishable
     8  by a fine of not less than five hundred dollars nor more than two  thou-
     9  sand  dollars  for conviction of a second offense or subsequent offense.
    10  Upon conviction, said member of a public body shall also be  liable  for
    11  the  costs  of  prosecution. The state or any public corporation for the
    12  public body shall not make a payment on behalf of or reimburse a  member
    13  of  a  public  body  for  a  fine  or  cost  resulting from the member's
    14  violation of this section.
    15    § 2. This act shall  take  effect  on  the  first  of  September  next
    16  succeeding the date on which it shall have become a law.
 
 
 
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10654-01-3
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